Terms of service

TERMS AND CONDITIONS

These Terms and Conditions govern your access to, and use of, the applications and/or website (the “Website”) at www.fijivapor.com and all Goods provided by FijiVapor Limited (“we”, “our”, “us”).

1. DEFINITIONS

1.1 In these Terms and Conditions:

“Account” means an account assigned to you that allows access to certain parts of the Website and/or the purchase of Goods.
“Force Majeure Event” means any event, or series of related events, beyond the reasonable control of the affected party (including, without limitation, government orders, pandemics, power failures, industrial disputes affecting third parties, changes in law, disasters, explosions, fires, floods, riots, terrorist attacks, or wars).
“Goods” means any products available for purchase on our Website or Instore.
“Instore” means any one of our retail premises.
“Intellectual Property Rights” means all current and future registered or unregistered rights related to copyright, designs, trademarks, trade secrets, know-how, patents, inventions, and any other intellectual property rights.
“Loss” includes any loss of profits, revenue, data, or any other claim, damage, or cost (including legal fees on a solicitor and client basis).
“Online Store” means the portal provided on our Website for purchasing Goods.
“Party” or “Parties” refers to you and/or us, individually or collectively, as the context requires.
“Personal Information” means any information about an identifiable living individual.
“Price” means the purchase price payable for the Goods as agreed between us in accordance with clause 6.
“Terms and Conditions” means these Terms and Conditions, which constitute the entire agreement between you and us regarding your use of the Website.
“Underlying System” means any network, system, software, data, or material that underlies or is connected to the Website.
“User ID” means a unique name and/or password assigned to you to establish an Account.
“We”, “us”, or “our” means FijiVapor Limited, a company incorporated in the Fiji Islands.
“Website” means the website accessible at www.fijivapor.com.
“You”, “your”, or “yours” means you, the person accessing the Website or purchasing Goods (either directly or on behalf of another).

2. INTERPRETATION

2.1 In these Terms and Conditions, unless stated otherwise:

A reference to a statute includes that statute as modified or re-enacted, and any subordinate legislation.
Headings are for convenience only and do not affect interpretation.
“Persons” includes individuals, companies, partnerships, associations, and trusts.
The word “including” does not imply any limitation.

3. ACCEPTANCE OF TERMS AND CONDITIONS

3.1 By accessing and/or using the Website and/or purchasing Goods either online or Instore:

You agree to be bound by these Terms and Conditions.
If you are acting on behalf of another entity, you confirm you are authorised to agree to these Terms on their behalf.

3.2 If you do not agree to these Terms and Conditions, you must immediately stop using the Website.

4. CHANGES

4.1 We may update these Terms and Conditions by posting the revised version on the Website. Unless otherwise stated, any changes take effect immediately, and it is your responsibility to review the current version.

4.2 We may also change, suspend, or discontinue access to the Website at any time without notice or liability.

4.3 These Terms and Conditions were last updated on [Insert Date].

5. YOUR OBLIGATIONS

5.1 You must provide accurate, current, and complete information when interacting with us (including when creating an Account) and update it as necessary.

5.2 When purchasing from our Website or Instore, you confirm that you are at least eighteen (18) years of age. You agree to provide valid identification upon request. We reserve the right to take legal action against any order placed by, or on behalf of, a person under the age of eighteen.

5.3 You must:

Refrain from actions that compromise the Website or its Underlying System (e.g., introducing malware, viruses, or unauthorized data extraction).
Only access the Website via standard web browsers unless you have our written permission to use other methods (such as scraping or automation).

5.4 You must obtain our written permission to link to our Website. To request permission, please email us at admin@fijivapor.com.

5.5 You indemnify us against any Loss arising directly or indirectly from your failure to comply with these Terms and Conditions.

5.6 We are not liable for any Loss incurred by your failure to comply with these Terms and Conditions.

6. PRICE

6.1 The Price for the Goods is as displayed on our Website, Instore, or as quoted in writing, and may be changed by us at our sole discretion.

7. PAYMENT

7.1 Payment of the Price is due in full at the time of purchase via our Online Store or Instore. 7.2 Payment must be made via the provided checkout functions or any other method approved by us. 7.3 Unless stated otherwise, the Price includes any applicable taxes. You are responsible for any additional taxes or duties not included in the Price. 7.4 At our discretion, loyalty points may be issued for each purchase on terms that may be amended from time to time.

8. CANCELLATION

8.1 We reserve the right to cancel any order for Goods at our sole discretion before the Goods are delivered, with written notice to you. In such cases, we will promptly refund any payments made for the portion of Goods not provided. 8.2 We are not liable for any Loss arising from such cancellations.

9. EFFECTS OF CANCELLATION

9.1 Upon cancellation, the provisions of these Terms and Conditions cease to apply, except for those intended to survive cancellation. 9.2 Cancellation does not affect either party’s accrued rights and liabilities as of the date of cancellation.

10. DELIVERY

10.1 The delivery method for the Goods is chosen and paid for at the time of ordering online. If you select courier delivery, the courier acts as your agent. 10.2 Delivery is considered complete when the Goods are delivered to the address you provide. 10.3 We will use reasonable efforts to deliver by any indicated date but are not liable for delays or non-delivery. 10.4 Our failure to deliver does not void the contract. 10.5 We are not liable for any loss or damage incurred due to delays in delivery.

11. WARRANTY AND RETURNS POLICY

11.1 Our liability is limited to the manufacturer’s warranty, where applicable. If you notify us of a fault and the Goods are not covered by warranty, we may, at our discretion, refund the Price (excluding delivery costs) upon return of the Goods with proof of purchase. 11.2 Faults must be reported within seven (7) days of purchase. 11.3 The warranty does not cover:

Improper use or failure to follow instructions,
Continued use after a defect is apparent,
Normal wear and tear or damage due to Force Majeure,
Unauthorized repairs or alterations. 11.4 We are not liable for delays in replacing or repairing Goods or assessing claims. 11.5 Returns are accepted only for faulty Goods returned in original condition and packaging, at your expense. 11.6 Delivery charges are non-refundable, and you bear the cost of returning Goods.

12. CONFIDENTIALITY

12.1 These Terms and Conditions and all related information are confidential. Neither party may disclose any part of these Terms to any third party without prior written consent, except as required by law.

13. INTELLECTUAL PROPERTY

13.1 FijiVapor Limited (and its licensors) owns all proprietary and intellectual property rights in the Website, Underlying Systems, and all associated materials. 13.2 Any intellectual property developed by us in the course of providing the Goods remains our exclusive property. 13.3 Intellectual property rights do not limit our confidentiality obligations under clause 12.

14. FORCE MAJEURE EVENT

14.1 Neither party shall be liable for delays or failure to perform obligations due to a Force Majeure Event. 14.2 If such a delay or failure continues for 90 days or more, the non-affected party may terminate this agreement with written notice.

15. DISCLAIMERS

15.1 To the fullest extent permitted by law, neither FijiVapor Limited nor its licensors shall be liable for any Loss arising from:

The Website being unavailable or operating slowly,
Errors or omissions in any information on the Website,
Exposure to viruses or other harmful elements,
Links to external sites (such links do not imply endorsement or responsibility for the content on those sites). 15.2 We do not warrant that the Website is appropriate for use in every country or that its content complies with all local laws. You are responsible for ensuring that your use of the Website complies with the laws of your jurisdiction.

16. LIABILITY

16.1 To the maximum extent permitted by law:

You use the Website at your own risk.
We are not liable for any Loss incurred due to your use (or inability to use) the Website. 16.2 Nothing in these Terms limits your rights under applicable consumer protection laws in Fiji. 16.3 Our total liability under these Terms shall not exceed the Price of the Goods, except where prohibited by law.

17. PRIVACY AND COOKIES POLICY

17.1 Our collection and use of Personal Information is governed by our Privacy and Cookies Policy. 17.2 We comply with the relevant privacy laws of Fiji when handling your Personal Information. 17.3 We collect, use, and protect your Personal Information in accordance with these Terms and any other specific arrangements we have agreed upon. 17.4 We may collect Personal Information directly from you, from your social media profiles (with your consent), or from third parties where the information is public. 17.5 We also collect technical information via cookies and similar technologies. Disabling cookies may limit your use of certain features on the Website. 17.6 We use your Personal Information to verify your identity, provide and improve our Website, market our services, process payments, enforce our legal rights, and for other purposes authorised by you or required by law. 17.7 You have the right to opt-out of promotional communications by following instructions in each communication or by emailing us at admin@fijivapor.com. 17.8 We will not sell, distribute, or lease your Personal Information to third parties except as outlined in these Terms. 17.9 Some service providers that support our Website may be located outside Fiji, meaning your Personal Information may be processed abroad. 17.10 We take reasonable steps to secure your Personal Information against loss, unauthorised access, or misuse. 17.11 Subject to the applicable law, you have the right to access, correct, or request deletion of your Personal Information. To do so, please email admin@fijivapor.com with sufficient evidence to confirm your identity. 17.12 We may charge a reasonable fee for providing copies of or correcting your Personal Information. 17.13 If you follow a link on our Website to another site, please review that site’s privacy policy.

18. SUSPENSION AND TERMINATION

18.1 Without prejudice to other rights, if we believe you have breached these Terms, we may suspend or terminate your access to the Website immediately and without notice. 18.2 Upon suspension or termination, you must immediately stop using the Website.

19. DISPUTE RESOLUTION

19.1 No party shall commence legal proceedings relating to any dispute arising from these Terms without first attempting to resolve the dispute as follows: 19.2 Any party claiming a dispute must provide written notice to the other parties detailing the nature of the dispute. 19.3 Upon receipt of such notice, the parties will cooperate to resolve the dispute expeditiously. If the dispute is not resolved within seven (7) days (or a mutually agreed extension), the dispute shall be referred to mediation in accordance with the applicable mediation rules in Fiji. 19.4 A mediator will be selected by mutual agreement or, failing that, by the appropriate mediation body in Fiji. 19.5 A party seeking urgent relief may, by written notice, elect to seek interim relief while the dispute is being resolved.

20. GENERAL

20.1 We may contact you by email or SMS, which shall satisfy all legal requirements for written communications. 20.2 These Terms and Conditions, and any disputes arising out of or in connection with them or the Website, shall be governed by and interpreted in accordance with the laws of Fiji. You submit to the exclusive jurisdiction of the Courts of Fiji. 20.3 Any waiver of a right under these Terms must be in writing. 20.4 If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified as necessary or severed, and the remainder will continue in full force. 20.5 These Terms constitute the entire agreement regarding your use of the Website and supersede any previous agreements or communications.

By accessing or using www.fijivapor.com or purchasing Goods from us, you agree to be bound by these Terms and Conditions.

For any queries regarding these Terms, please contact us at admin@fijivapor.com.