Terms and Conditions

In this agreement, we refer to you, the purchaser as "you" or "your" and Shosha.com.au as "us", "we" or "our".

1. General

This agreement applies to all purchases made on our website (shosha.com.au). Product(s) purchased by you from our website and replaces all previous agreements between you and us.

We reserve the right to revise our Terms and Conditions from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. You should ensure that you have read it thoroughly prior to purchasing any products on our website.

2. Definition

"Agreement" means this agreement and includes any other terms incorporated into it by reference;

"Information" means all information supplied by you to us via the website or otherwise and includes, for example, your name, contact details, credit card details and your payment and transactions history;

"GST" means goods and services tax;

"Late payment interest rate" means 1.5%

"Products" means all products available for purchase on our website;

"Website" means our website, accessible via the www.shosha.com.au domain name.

3. Purchasing Terms

When purchasing from our website, you confirm and acknowledge that:

You are eighteen (18) years of age or over.
You can produce sufficient ID (e.g. New Zealand’s driver license, passport or 18+ card approved by the government) that is valid and correct if requested by us.
You have read and accepted the terms and conditions that are set out and that you agree to enter into a legal contract with us.
We may refuse to accept your order at our sole discretion.
We may disclose your information to your bank or credit card company for the purpose of any debt recovery proceedings we may issue against you.
We may restrict your ability to purchase products from our website by imposing a credit limit on your account.
We reverse the rights to take legal actions and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an order to be placed.

4. Payment Terms

You must pay us in full at the time that you submit your order unless we have agreed to give you credit.

If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.

If we agree to give you credit, you are required to pay us in full no later than 19 days following the date of your order, provided that if in our sole opinion and unsatisfactory feature develops in our trading relationship with you, we reserve the right to cancel the credit period and require that you pay us immediately.

4.1 Remedies for non-payments(s)

We will charge you interest at the rate of 1.5% per month if your account is unpaid after the due date. Interest will accrue on a daily basis and will continue to be payable even if we obtain a court judgment.

We reserve the right to recover any products for which you have not paid by the due date. You agree that we shall not be responsible for any loss or damage arising as a result of recovery and resale of the products save where the loss or damage arises from our negligence including that of our employees and contractors.

All costs associated with the collection of any unpaid amounts will be charged to you in the event that your account remains unpaid.

4.2 Bank Transfers

All payments made to us by Bank Transfer will require proof of ID to be sent to us via email before your order will be processed. We accept the following as valid proof of ID (All IDs must be valid and not expired):

Passport
Driver License
Kiwi Access Card

Should the proof of ID be invalid or is not acceptable, we reserve the right to place your order on hold to cancel your order entirely.

5. Price

5.1 Product price

Product prices quoted on our website are inclusive of GST. You must pay us the full price quoted. We reverse the right to change the price of our product without notice. Online prices may not necessarily reflect the price in stores. Please contact your local store to confirm store pricing.

5.2 Shipping price

The price of shipping will be notified to you and added into your order at the time you place your order.

5.3 Mistake by computer/human error

In the event that a computer/human error results in an incorrect price of the product or shipping fee, your order will be placed on hold and you will be notified. We will require you to pay the difference between the amount paid by you in respect of your order and the correct amount. You may elect to cancel your order for a refund of the paid amount.

6. Product availability

All products are sold subject to their availability. Promotional items may be limited as to quantity. We shall not be responsible for our inability to supply products to you where they are not presently available or where our stock of the relevant product(s) has been exhausted.

In the event that we are unable to supply the product(s) in the quantities or specifications in your order. You may elect to:

Cancel your order.
Exchange for a product of the same value.

Product availability online may differ from what is available in stores. For store availability, please get in touch with your local store.

7. Processing time of orders

We aim to process and dispatch all orders made on our website on the same day (if the order is placed before our cut-off time). However, due to factor(s) such as stock availability, courier services and other factors out of our control your order may be delayed; Please allow up to 3 working days for your order to dispatch.

Below is our targeted processing and dispatching timeline.

Orders placed before 3pm will be dispatched on the same day.
Orders placed after 3pm will be dispatched on the next working day.
Orders placed on Saturday or Sunday will be dispatched on the next working day.
Orders placed on a public holiday will be dispatched on the next working day.

Note: Bank transfer orders may take an additional 1-2 days. Payment made must be cleared on our side and your ID must be verified by our team before your order is processed.

Nicotine prescription is required for all Australian orders made that contain nicotine products. Failure to provide a prescription when required may result in your order being placed on hold.

8. Shipping

For more information about shipping, please visit our Delivery Information page.

8.1 Australia

All orders are shipped from New Zealand. We use DHL worldwide shipping services to ship your order.

Delivery Time: 2-10 working days

Shipping Cost: $20.00

8.2 New Zealand

All orders are shipped with the following services and cannot be changed/removed:

Overnight delivery
Signature Required
No ATL (authority to leave)
Age Restricted

Overnight Delivery (Shipping within NZ only)

Overnight delivery services provided by NZPost are targeted but not guaranteed. Please visit NZPost website for the latest update on delays. Delivery time does not include processing time of your order.

Non-rural: 1-2 working days

Rural: 2-4 working days

Shipping Cost

Non-rural: $5.00

Rural: $7.00

Saturday Shipping / Same Day Delivery services

We do not offer these services at this time.

8.3 Free Shipping

To qualify for free shipping, you must meet the following criteria:

For Australia deliveries:

Order must be a minimum of $100.00

For New Zealand deliveries:

Order must be a minimum of $50.00
Delivery address must be a non-rural address

Free shipping is not available for rural addresses in New Zealand. Standard shipping cost will be applied.

Any additional shipping costs that may arise (due to special delivery addresses, additional delivery services, etc., by NZPost or DHL are not covered) are your responsibility.

8.4 Redirection

If you wish to redirect your parcel to a different shipping address. Please visit NZPost/DHL with your tracking number to redirect your parcel. If you have not received an email with your tracking number, please get in touch with us.

While we will try our best to make this change for you, this is not guaranteed.

Shosha will not take responsibility for any lost, stolen or damaged parcels caused by any changes made by you or anyone else (except for Shosha).

8.5 Parcel Not Received

If your parcel has been marked as delivered but you have not received it. Please check your mailbox, neighbors and surroundings in your property. If you cannot find the parcel, please contact us within 48 hours from the time it has been marked as delivered so an investigation can be made with NZPost/DHL.

Please note the following for all investigations made with NZPost/DHL:

As delivery is made by NZPost/DHL, we cannot offer a replacement/refund/credit for your order until the investigation has been completed.
If NZPost/DHL confirms the parcel has been delivered correctly, we will be unable to issue a replacement/refund/credit. If you wish to further dispute the outcome, please get in touch with NZPost/DHL directly.
We cannot provide any timeframe for an investigation to be completed by NZPost/DHL.
Failure to notify us within the required timeframe may result in an investigation not being accepted by NZPost/DHL. No replacement, refunds, or credits will be provided by us should this occur.

8.6 Wrong Delivery Address

If you have entered an incorrect address, Please get in touch with us as soon as possible. We will aim to have this changed. If your parcel has been shipped already, please get in touch with NZPost/DHL to redirect your parcel.

Shosha is not responsible for the loss of your parcel if you have provided the wrong shipping address for delivery.

8.7 Unsuccessful Delivery

If your parcel was returned back to us due to an unsuccessful delivery and you wish to have it re-delivered. You will need to pay for the cost below to reship your order.

Redelivery Cost

Australia

Re-delivery cost will vary depending on any charges that may arise with DHL returning your parcel back to us. Please contact us to confirm the total cost of reshipping your parcel.

New Zealand

Non-rural Address: $7.00

Rural Address: $9.00

By default, we will reship to the same address. However, if you wish for your parcel to reship to a different address. Please contact our team.

If you wish to request a refund instead, the above cost will be deducted from your order prior to the refund being issued.

If your parcel has yet to be returned back to us. Please get in touch with NZPost/DHL.

9. Wrong Product(s) or Damaged Goods

If you have received the wrong product. Please contact us by email within 48 hours from the time of receiving your parcel. If you do not contact us within this time, we assume that you accept the error and/or damage and do not wish for a replacement, exchange or refund.

Please do not attempt to use or dispose of the product/parcel. We may require the photo evidence to be provided or the parcel to be shipped back to us. If you use or dispose of the parcel, we may not be able to issue a replacement, exchange or refund.

If you have ordered the wrong product. We can accept it back for a return for a refund or exchange so long as it meets the following conditions:

The product is not opened or used.
Any seals must not be damaged or broken.
It is still in a re-sellable condition (if you are not sure, please contact us)

Please note that you are required to pay for all costs involved with returning or shipping any exchange.

10. Warranties

We represent and warrant to you that:

We have the right to sell the product(s) to you.
The product(s) are not subject to any undisclosed security or charge.
You have the right to undisturbed possession of the product(s).

We present and warrant to you that the product(s):

Are of acceptable quality having regard to their nature, the price, representations made by us, and any statements made on packaging or labels.
Are reasonably fit for the purpose that we represent.
Supplied by description corresponds with their description.

11. Cancellation, Returns, and Replacements

11.1 Cancellation

Note that we may not be able to cancel your order depending on how far your order has been processed by our team.
If your order has been packed and successfully canceled by us, you will be charged for the cost of packaging and labeling (the same cost as shipping). If your order comes with free shipping, then the standard cost of shipping will be applied prior to the refund.
We reserve the right to cancel your order at our sole discretion without notice.
You must contact us to request any cancellation for your order.

11.2 Returns

Prior to returning any products back to us, you must contact us.
We have no obligation to accept any returns if you are simply unhappy with the product or change your mind.
You are required to pay for any shipping cost associated with any product(s) returned to us unless stated or agreed with us otherwise.
It is your responsibility to ensure that any product(s) being shipped back to us is securely packed. We are not responsible for any loss, damage or if your parcel is stolen during delivery.
If you are returning a product for a refund, we will deduct the cost of shipping from your order prior to the refund being made.
If your order comes with free shipping, then the standard cost of shipping will be applied prior to the refund.
All returns must contain sufficient information (such as your name and contact details) for us to verify that your return has been successful.
If you return any product without our knowledge or consent or there is no information for us to identify your return. Your parcel will be rejected or destroyed. No refund, replacement or exchange shall be provided in this situation.

11.3 Replacements

Any replacement(s) shipped to you will be under our sole discretion.
You must contact us via email to request any replacement.
If we ship a replacement, we may include a pre-paid return bag for you to ship any product(s) back to us. You agree to accept all costs for failing to ship back the product(s) agreed to be returned back to us.

12. Warranty

All products are subject to a 3 months warranty (excluding exceptions which can be found on our warranty page). Warranty period starts from the original date of purchase. Any warranty offered by a manufacturer, brand or other company that exceeds 3 months will require you to contact them directly. Any costs associated between you and the manufacturer, brand or other company that may arise are solely your responsibility.

Please note that some products (such as vaping devices) contain a unique serial number and anti-counterfeit number on the box. Please keep this safe as this is required for a warranty claim. We may not be able to accept your warranty if this is not provided.

Please visit our warranty page for more information.

Any product(s) returned back to us are inspected by our team. If deemed under user error (meaning if there are no faults with the product(s)), it will be shipped back to you at your own cost. You will be notified by via from us with a request for the payment and shipping address. If you do not respond within 14 days from when we notify you, you accept that we will dispose of your product and no refund/exchange/store will be provided as such.

13. Use of your information

You acknowledge that we, our employees, carriers, contractors, and agents may use or disclose any of the information you provide for the purpose to supply you with our services. This includes:

Administration of your account with shosha.com.au.
Carrying out credit checks.
Keep you up to date with offers/changes at shosha.com.au

During the term of this agreement, your use of the website will generate certain information that will be recorded electronically by us. Information of this type may include:

Your IP address.
Your usage statistics.
Your contact details.
And any information that you supply or that we obtain independently.

You may at any time make a written request to see any personal information that we hold or request us to correct any mistake.

14. Consent to receiving electronic messages

You agree by registering on this website that you expressly consent to your inclusion in our direct marketing database and accept that you may, as a result, receive regular electronic communications and promotional communications from us. You have the right to ask us at any time to stop sending online communications and promotional offers to you.

15. Intellectual property rights

We own, control, or have the right to use and provide the website and all content on the website, including text, images, articles, photographs, illustrations, audio, and video clips. You may electronically reproduce and store the content of the website solely for the purposes of viewing, using the services, or saving website content, for your own personal use. You may not display or distribute the content of any part of the website or its content in public, including any reproduction in any form on the Internet, without our express permission.

Any infringement of our intellectual property rights will be fully enforced under New Zealand law.

16. General terms

No Waiver: No delay, neglect or forbearance in taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice any right, of that party.

Severability: If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed, and the remainder of the terms will remain in full force and have full effect.

Privity: Third parties may take the benefits of rights expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.

17. Jurisdiction

We have processes in place to ensure that all services provided to Australia, including shipping complies with all Australian’s law, regulations and requirements.

Any legal action(s) against us must be taken in a Court in New Zealand.

This agreement is governed by New Zealand’s law and any legal action against us must be taken in a Court in New Zealand.

18. Assignment

You may not assign any rights under this agreement except with our prior written consent.

We may assign our rights under this agreement without seeking your prior consent.

19. Notices

We will send all invoices and notices required under this agreement to the address (postal, fax, or email) that you have nominated as your preferred method of contact. It is your responsibility to ensure that you keep us informed of any changes to your contact details.

You will be deemed to have received a notice:

Sent by email or fax, at the time that we send it;
Sent by post, four days after we send it.

20. Amendments

We may change the terms of this agreement by sending you notice ("amendment notice") to that effect by your preferred contact method and supplying you with the amended agreement.

The agreement, as modified, will take effect from the date stated on the amendment notice but no later than 30 days following the date that we send the amendment notice.