Terms and Conditions

Welcome to HookahFruits.com.au. Before you use the Shop HookahFruits™ website at www.hookahfruits.com.au, please read the following terms which govern your use of the Site. By using the Site, you agree to follow and be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you may not use this Site. HookahFruits™ reserves the right, at any time, to modify, alter, or update these Terms and Conditions, and by using https://www.hookahfruits.com.au, you agree to be bound by such modifications, alterations, or updates.

General
HookahFruits™ has the discretion to update this privacy policy at any time. When we do, we will send you an email. We encourage you to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. HookahFruits™ reserve the right to refuse service to anyone for any reason at any time.

HookahFruits™ is not responsible for typographical errors. Customers are encouraged to review the terms of sale periodically for modifications. No HookahFruits™ employee or agent has the authority to vary any of policies of the terms and conditions governing any sale. HookahFruits™’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

This Site may contain links to other independent third-party web sites (“linked sites”). These linked sites are provided solely as a convenience to our visitors as a source of information. The content on such linked sites are not under the control of HookahFruits™, and we are not responsible for and do not endorse the content of any such linked sites, including any information or materials contained on such linked sites.

The conditions of use and privacy policy of any third-party website may differ substantially from the conditions of use and legal notices that apply to your use of this HookahFruits™ website. Please review the conditions of use for all third-party websites for more information about the terms and conditions that apply to your use of the third-party websites.

HookahFruits™ does not promise that the Site or any content, service or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected or that your use of the Site will provide specific results. If notwithstanding the other provisions of these terms of use, HookahFruits™ is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any content, HookahFruits™’s liability shall in no event exceed the dollar amount paid by you for the products you purchased on the Site.

All website content, including but not limited to prices, product data and images, and Product availability are subject to change without notice. We make no warranty or guarantee that the information on our website is error-free, complete, or current. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed, and your credit card (Master, Visa, AMEX, etc.) charged. If your order is cancelled after your payment has been processed, we will issue a full refund to the method of original payment.

Personal Information
Personally, identifiable data about our customers is known to us only when willingly submitted by the users of our online store. Customer personal information is only used for order fulfilment and internal marketing purposes. We collect personal information from you – such as your name, phone number, email address, postal and shipping address – so that we can provide you with the products you want as well as the best shopping experience possible. We do not share this information with outside parties. We use and store email addresses to answer the email we receive and to contact you if any order-related issues arise. Contact information is not used for any other purpose and is not shared with outside parties. You can register on our website if you would like to receive monthly email updates on our new products, services, and promotions. You may unsubscribe to this email at any time.

Minor Compliance
The products offered on this Site are strictly for adult-use only. By using the Site, you agree that you are at least 18 years of age. Minors under the age of 18 may not use this Site. https://www.hookahfruits.com.au does not sell products to anyone under the age of 18. By accepting these terms and conditions, you are indicating you are of legal age to purchase products. It is illegal to misrepresent your age.

https://www.hookahfruits.com.au cannot be held responsible for Minors purchasing products illegally. You take the responsibility that any product from this website will not be bought for the person(s) or received by the person(s) under the age of 18 years.

Surgeon General Warning
Smoking HookahFruits™ is healthier than tobacco. However, it is not a safe alternative to smoking cigarettes and tobacco. Smoking may cause any health disease such as lung cancer and heart disease. Hookah/ Shisha smoking can cause cancers of the mouth and throat, even if you do not inhale. Hookah/ Shisha smoking increases the risk of infertility, stillbirth and low birth weight.

  • Do not eat HookahFruits™ products
  • Keep out of reach of children
  • Do not smoke HookahFruits™ products during pregnancy
  • Do not smoke HookahFruits™ products if you’re allergic to the ingredients
  • Smoking may cause any health problems

Ordering
Putting your order with HookahFruits™ Store is an offer that the HookahFruits™ Store reserves the right to reject or approve at its discretion. Unless the HookahFruits™ Store accepts your offer with your order confirmation, no contract will be created. You will receive an Acknowledge e-mail when you have been confirmed.

Shipping Policy
We ship HookahFruits™ products widely in Australia, so whether you are in Sydney, Melbourne, Adelaide, Perth, Brisbane, or anywhere else in the country, we can easily deliver them to you. Also, we provide international shipping services for customers who interested in our products and willing to purchase them online. Domestic orders generally ship between 1 to 6 business days based on the shipment services and international shipping is estimated around 2 to 6 business days of approval; however, some orders may take up to 10 business days or longer based on the location. If one or more items are unavailable at the time the order is placed, the entire order will be placed on backorder until we receive the missing item(s) in stock. You are responsible for checking the status of your order. Shop HookahFruits™ will contact you if your order is on backorder for more than one week. Risk of damage or loss, and title, pass to you upon our safe delivery of your package(s) to the carrier.

We are not responsible for any postage delays once the order has been handed over to the postal organisation for transport. Any delays are out of our control once the item has been handed over to Australia Post (or courier service). Transit times are strictly estimates/averages, and we cannot promise that your item will arrive within that specified timeframe. Please note that some far/remote destinations might be subject to a small postage surcharge even after the order has been placed/paid for.

Couriers may leave a card if nobody is home to accept the parcel(s) if safe drop and signature is request at the time of order (such as express post) and paid accordingly. Couriers may also offer the possibility to book redelivery online if the capability is available. Please note that we cannot be held responsible for any lost/stolen parcels if you choose the couriers or if you are not willing to pay for safe drop and signature request. Please be advised that normal post does not cover a safe drop or seeking signature at delivery and you will be held responsible for any lost/stolen parcels. Please “leave at premises unattended” redelivery option, as this voids any insurance. Make sure to request the standard signed-for redelivery option at all times.

If the receiver gives the courier authority to deliver without a signature or the receiver gives the courier authority to leave, HookahFruits™ is not held liable in the event the parcel goes missing. Further, HookahFruits™ will not be able to refund or resend the parcel.

Return Policy
We hope that our customers enjoy what they have purchased. In this regard, if they are unhappy for any reason with any online purchases, we will try to look after and work with them to resolve these issues. Please follow the directions below for website returns.

If you want to return items, please send us an e-mail to sales@hookahfruits.com.au and providing the reason why you have intended to do that. Buyers who have purchased from https://www.hookahfruits.com.au may be returned within 14 business days starting from the date your package has been received. It is recommended that you initiate the return process as soon as possible to ensure that we receive your package in the appropriate time. When processing your return, all products must be in its original condition (unused and without damaging) and accompanied by a copy of your invoice/shipping receipt in the box. All returns must be shipped back to Level 33, Australia square, 264 George St, Sydney, NSW 2000, Australia within 14 business days of receipt. Depending on your location, there will be a 2-10 business days transit time for your package to arrive at our business address. Once received, returns are processed within 2 business days, and a credit will be posted to your account within 5-7 business days. Besides, the return shipping and handling costs must be paid by the customer. In addition, there is a 10% restocking fee to cover the shipping and processing costs of Shop HookahFruits™. Original shipping and handling costs incurred for shipping returns are non-refundable.

In the case that you would like to return a product because it arrived damaged/faulty, please send an e-mail to sales@hookahfruits.com.au with a photo of damaged/faulty   immediately upon receipt and providing details of your problem. Then allow 2 business days for us to process that return, but once we do, we will reach out to you to see if you would prefer a refund or exchange. However, delays in reporting the problem will complicate the process and may result in the denial of your claim, especially if it is damaging foil. All returns must be shipped back to Level 33, Australia square, 264 George St, Sydney, NSW 2000, Australia within 14 business days of the received e-mail. Depending on your location, there will be a 2-10 business days transit time for your package to arrive at our business address. Once received, returns are processed within 2 business days, and a credit will be posted to your account within 5-7 business days. Also, you may be responsible for the return shipping and all related expenses.

If you receive the wrong items, please send us an e-mail to sales@hookahfruits.com.au  and attached a copy of your invoice/shipping receipt within 2 business days of receiving your order so that we can start the claims process promptly. All returns must be shipped back to Level 33, Australia square, 264 George St, Sydney, NSW 2000, Australia within 14 business days of receipt. Depending on your location, there will be a 2-10 business days transit time for your package to arrive at our business address. Once received, returns are processed within 2 business days, and a credit will be posted to your account within 5-7 business days. In addition, you may be responsible for the return shipping and all related expenses.

If your order is lost or you haven’t received it, send an e-mail to sales@hookahfruits.com.au and attached a copy of Invoice which has been e-mailed to you. They will be replying you in 2 business days to solve your problem.

We will not be held responsible for any loss or damage occurring during return postage. If you choose local pick-up as a delivery method, it is your responsibility to check upon pick-up that your order is correct and not missing any merchandise.

Intellectual Property Notice
All materials including images, illustrations, designs, icons, photographs, logos, slogans, content, source code and other written and visual materials on the https://www.hookahfruits.com.au Website and any of its affiliates are the exclusive copyright, trademark, and/or otherwise noted intellectual Property owned and/or licensed by https://www.hookahfruits.com.au. Any misuse of this or any affiliate website may be punishable by law. All worldwide rights, titles and interests in and to the Property are owned or licensed by HookahFruits™.

All other trademarks, service marks, product names and company names or logos appearing on the Site are the Property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited by Australia and international law.

You, as the user, have a limited license to download or copy the Property on this Site for personal, non-commercial use only. Violation of HookahFruits™ Intellectual Property Notice will result in automatic revocation of this license. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Property on the Site, the Site as a whole, or any related software without the prior written permission of Hookah Fruits™ Pty Ltd. You may not use any meta tags or any other hidden text utilising any of the Property, including Shop HookahFruits™’s name or web address, without the express written consent of Shop HookahFruits™. Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site using robots, data mining, automated agents, or any other data gathering or extraction tools without prior written permission of Shop HookahFruits™.

User Comments, Feedback and Other Submissions
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to HookahFruits™ or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain HookahFruits™’s Property. Such disclosure, submission or offer shall constitute an assignment to Shop HookahFruits™ of all worldwide rights, titles and interests in all intellectual property rights in such comments, feedback, suggestions, and other submissions.

Payment
All products ordered on this Site must be paid in advance. We are not responsible for any payment error occurring during checkout process due to issues related to our payment providers.

Payment for all products can only be made via PayPal, Credit card or bank transfer/deposit. We cannot legally accept any other form of payment (ZipPay and AfterPay will automatically be disabled with products in your shopping cart). Coupon will be provided by e-mail from HookahFruits™ genuine address (sales@hookahfruits.com.au) to get discounts for some products!

Pre-order deposits, where applicable, are non-refundable, this includes made-to-order or special-order items. Pre-order arrival dates are strictly estimated only. Delays can occur and are out of our control (extended customs controls, for example).

Made-to-order and special-order items have to be paid in advance, and all payments are non-refundable. In general, there is no change of mind return possible for a particular order and made-to-order items. We are not responsible for any delays that can happen with special order items, and especially made-to-order items (e.g. customs checks, shipping delays). All delivery dates are estimates and can vary to a reasonable degree. Any pre-payment made for wholesale orders is non-refundable (i.e. items ordered in especially for you). Strictly no use of discount vouchers allowed on any made-to-order, particular order, or wholesale orders. By default, all codes have been disabled for these products. However, we reserve the right to revoke any stated offer and to correct any errors in existing orders, i.e. cancel discounts.

Duties, Taxes and Licenses
Purchasing products within Australia contain 10% GST. Outside Australia, the purchaser is responsible for remitting any additional taxes to the appropriate taxing authority.

International shipping fees do not include possible customs duty, fees, or taxes in your delivery country. All duties, taxes and licenses incurred while shopping at Shop HookahFruits™ are the sole responsibility of the overseas customer. Shop Hookahfruits™ cannot be held responsible for any orders with pending taxes, duties or licenses. Any unpaid taxes forwarded to Shop HookahFruits™ will be charged to the customer. Please check with your local customs office before ordering. We are not responsible for items seized or destroyed by your local border control. Please check in advance if you are allowed to import the goods you want to order from us. Shipping fees will not be refunded for orders that have been returned to us by foreign customs, a 15% restocking fee will apply on the value of the items. Seized items/orders are strictly non-refundable.

Ancillary Computer Equipment and Services
You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site. Besides, you are responsible for any access charges incurred through online services, telephone companies, or Internet service providers used in obtaining access to the Site.

Legal Compliance
You must use Shop HookahFruits™ for legal purposes only. You shall not transmit through Shop Hookahfruits™ any material which violates or infringes in any way upon the rights of others, which is illegal, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to Shop HookahFruits™ for any breach of this provision or any other provision of this Agreement.

Quality of Goods
Shop HookahFruits™ inspects each piece before shipping to ensure quality, however, the consumer and end-user assume all risk of use associated with our products. Shop HookahFruits™ may not be held liable for damages arising from the use of our products.

Customer Service
Customer Service is available 24/7 and we aim to answer all your enquiries as fast as possible. Please contact us using the contact form on https://www.hookahfruits.com.au/contact/ In addition, you can contact via e-mail, chat, Facebook and Instagram.

Wholesale Goods
For wholesale enquiries using the wholesale form on https://www.hookahfruits.com.au/wholesale-enquiry and we will be in contact soon. Different terms & Conditions may apply, as discussed during the ordering process.

These Terms and Conditions shall be governed by and construed following the laws of Sydney, Australia. The Buyer and the Business agree to submit to the non-exclusive jurisdiction of Sydney and the Federal Court of Australia.

Warranty/Disclaimer of Liability
You acknowledge that use of our Site is at your sole risk. HookahFruits does not warrant that the website, its servers, or e-mail sent from www.hookahfruits.com.au are free of errors, viruses, or other harmful components, and there is no warranty as to the results obtained through use of the Site. This Site and all contents of the Site are provided on an “AS IS” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Site, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary serving or repairs of any equipment you use in connection with your use of the Site. That shop HookahFruits™ shall not be liable for any damage of any kind related to your use of the Site, and that shop HookahFruits™ shall not be liable for any damages of any kind related to your use of the website.

Our liability to you, if any, shall not exceed the total of the Invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. Shop HookahFruits™ shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder. We shall not be liable for unauthorised access by third parties to your transmission facilities, premises or equipment or for unauthorised access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site.

Certain state laws do not allow limitations on warranties or exclusion or limitation on certain damages. If any part of this Agreement does not apply to you or is held invalid, void or unenforceable, that provision is deemed severable, and will not affect the remaining enforceable provisions of this Agreement.

HookahFruits™ is in no way liable for any damages to your person or Property arising from the use of the advertised/sold products. The use of any of these products is at your own risk and you agree to this when buying from this website, effectively waiving any liability claims.

Web Browser Cookies
Our website uses cookie technology to help us provide you with a better experience with the use of our website. You may configure your web browser to refuse the use of cookies, however it is not recommended and may result in the loss of functionality on our website.

Indemnification
You agree to indemnify, defend and hold Shop HookahFruits™ harmless against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorney’s fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing https://www.hookahfruits.com.au under your account.

Governing Law
The Site is created and controlled by Hookah Fruits™ Pty Ltd, in Sydney, Australia. By visiting this Site, you agree that the laws of the State of Sydney, Australia, without regard to principles of conflicts of laws, will govern all terms, conditions and disclaimers on the Site, including this Agreement.

Dispute Resolution
All disputes arising out of any transaction with Shop HookahFruits™shall be submitted to binding arbitration in the state of Sydney, Australia, except that to the extent you have violated or threatened to violate Shop HookahFruits™’s intellectual properties, Shop HookahFruits™ may seek relief in any state or federal court in the state of Sydney, Australia. By using the Site, you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules of the Australia Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under this Agreement shall be joined to any action involving any other party subject to this Agreement.

Integration
The terms and conditions contained in this Agreement constitute the entire Agreement between the parties and supersedes all prior, and contemporaneous oral and written agreements and representations are merged herein. No employee, agent, or other representatives of HookahFruits™ has authority to bind Shop HookahFruits™ or its suppliers with respect to any statement, representation, warranty, or other expressions unless specifically outlined in this Agreement.
No trade usage, regular practice or course of dealing between the parties may be used to modify this Agreement. Any modification of the Agreement must be made by mutual assent of the parties and must be outlined in writing.