Terms & Conditions
1. Terms and Conditions of Use
By using the Foreman Tobacco website you are subject to the following terms
and conditions of use. These Terms and Conditions of use govern your use of
this web site and your use of this web site indicates your acceptance of these
Terms and Conditions. Foreman Tobacco ("We, Us") may from time to time
amend, update or change this web site including these Terms and Conditions
without prior notice. Any promotion, competition, product or service identified
or contained in this website is subject to these Terms and Conditions or those
specified on the applicable webpage.
Our website is intended solely for persons who are 18 years old or older. Any
access to or use of the website by anyone under the age of 18, is expressly
prohibited. By accessing or using our website you represent and warrant that
you are 18 years old or older. Furthermore, you agree to be of the legal age
required by the state of your residence when purchasing applicable products
from our site. It is your responsibility to determine if you can legally buy
certain products (“Products”) from the site which include tobacco products.
2. General Disclaimer
Foreman Tobacco is not liable for any loss suffered in connection with the use
of this website or a linked website. This general disclaimer is not restricted or
modified by any of the following specific warnings and disclaimers.
3. Content
Publication of electronic addresses on the website is for the purpose of
professional communication only and must not be used to infer consent to the
receipt of unsolicited commercial electronic messages. We reserve the right to
change any of the material on this web site at any time. We do not undertake
to keep this web site updated and are not liable to you or anyone else if errors
occur in the information on this web site or if that information is not up to date.
4. Intellectual Property Rights
All materials and third party logos, brands and trade names displayed on the
website are either the property of, or used with permission by Us and
protected by copyright. The use of these materials by you, or anyone else
authorised by you, is prohibited unless specifically permitted by legislation,
these Terms and Conditions or express written permission from Us. You may
not, in any form or by any means: adapt, reproduce, broadcast, decompile,
disassemble, download, copy, store, distribute, transmit, print, display,
perform, publish or create derivative works from any part of this website; or
commercialise any information, products or services obtained from any part of
this website, without prior written permission from Us. The trade marks must
not be used or modified in any way without our express written permission or
the relevant third party owner. Any unauthorised use of images and third party
logos, brands and trade names may violate copyright laws, trade mark laws,
the laws of privacy and other civil and criminal statues.
5. Hyperlinks
Foreman Tobacco no representations about websites accessed through this
site which are not maintained, controlled or created by Foreman Tobacco.
Foreman Tobacco does not endorse these sites and is not responsible for
their content.
6. Site Policies, Modification and Severability
We reserve the right to make changes to our site, policies, and these Terms
and conditions of Use at any time. If any of these terms shall be deemed
invalid, void, or for any reason unenforceable, that term shall be deemed
severable and shall not affect the validity and enforceability of any remaining
term.
7. Limitation of Liability
Your use of the website is at your risk. We make no warranties or
representations as to its accuracy and, to the extent permitted by law. We
specifically disclaim any liability or responsibility for any errors or omissions in
the content on the website. We will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits,
goodwill, bargain or opportunity or loss of anticipated savings resulting from
your access to, or use of, or inability to use this web site and the content,
whether based on warranty, contract, tort, negligence or any other legal basis,
and whether or not We know of the possibility of such damage. If a jurisdiction
does not allow the exclusion or limitation of liability in accordance with this
paragraph but allows a limitation of a certain maximum extent then our liability
is limited to that extent.
8. Warranties
Except as otherwise stated in the text of a webpage of this website or as
required by law, everything on the website and all products displayed on the
website are provided to you "as is" and, to the extent permitted by law, is
provided without warranty of any kind, either express or implied, including but
not limited to, the implied warranties of merchantability, fitness for a particular
purpose or non-infringement. Information on this Web site may contain
typographical errors, technical inaccuracies or other errors and may be
changed at any time without notice. We have a policy of continuous
improvement of products and reserve the right to make improvements or
changes to products without notice. We do not warrant that your access will
be uninterrupted or error-free, that defects will be corrected, or that this site or
the server that makes it available are free of viruses or other harmful
components. We do not warrant or make any representations regarding the
use of or result of the use of the material in this site in terms of their
correctness, accuracy, reliability or otherwise. You assume the entire cost of
all necessary servicing, repair or correction. on account of your access to, use
of, or browsing in the website (including accessing hyperlinks) or your
downloading of any materials, data, text, images, video, or audio from the
website. We are not responsible for the content of any website linked to or
from the website. Your linking to any other website is entirely at your own risk
and is only provided for your convenience and should not be interpreted as an
endorsement of the owner/sponsor of the website or the content of the
website. To the extent permitted by law, We disclaim all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials
or information contained on such sites.
9. Governing Law
The information contained in this website is intended for use by persons
resident in Australia and is governed by the laws of the State of Victoria and
the Commonwealth of Australia. This Website may be accessed throughout
Australia and overseas. We make no representations or warranties that the
content of this web site complies with the laws (including intellectual property
laws) of any country outside Australia. If you access this web site from outside
Australia, you are responsible for ensuring compliance with all laws in the
place where you are located.
10. Specific Warnings
10.1 You must ensure that your access to, or use of, the Website is not illegal
or prohibited by laws which apply to you; and
10.2 You must take your own precautions to ensure that the process which
you employ for accessing the Website does not expose you to risk of
viruses, malicious computer code or other forms of interference which
may damage your computer system. Foreman Tobacco takes no
responsibility for any such damage which may arise in connection with
your use of the Website.
11. Goods
11.1 Foreman Tobacco takes no responsibility for the content of any Goods
purchased through the Website; and
11.2 You warrant that, if your Order includes Restricted Material, you are
eligible to purchase such Goods.
12. Pricing
12.1 Prices displayed on the websites are subject to change without notice.
Prices for items on an order are fixed once your Order has been
accepted. Subsequent price changes either up or down will not be
retrospectively applied to accepted Orders;
12.2 You agree to pay the delivery charges specified at the time you submit
your Order;
12.3 All prices listed are in AUD; and
12.4 Online pricing is not indicative of in store pricing;
13. Orders
13.1 You may place an Order by following the instructions on the Website.
Your Order will be submitted by completing payment details and
pressing the "Complete Order" button. Orders will be deemed to have
been received by Foreman Tobacco at the time Foreman Tobacco sends
an Order confirmation to your nominated e-mail address;
13.2 Each Order (once accepted) represents a separate Agreement
incorporating the terms of that Order;
13.3 Foreman Tobacco reserves the right to not accept Orders that request
commercial quantities of Goods. If Foreman Tobacco is unable to supply
your total Order this Agreement will apply to the supply of all or part of
the Order;
13.4 Foreman Tobacco will use its best endeavours to supply Orders placed
through the Website, however Foreman Tobacco reserves the right to
cancel any Order without notice for any reason;
13.5 In event of a cancelled Order, any payments processed by Foreman
Tobacco will be promptly refunded;
13.6 Once an order has been placed and payment has been confirmed, the
order cannot be changed or cancelled. You may return an order once it
has been delivered by following our Returns Process; and
13.7 You acknowledge that the Internet can be an unstable and, sometimes,
insecure marketplace. At times the Website may not be available, or
Orders may not be processed or may not be accepted for reasons
beyond our control. In these circumstances Foreman Tobacco accepts
no responsibility.
14. Payment
14.1 You may provide your nominated credit card details during the purchase
process described on the Website;
14.2 Once the Goods the subject of your Order are received from suppliers
and are ready for dispatch, Foreman Tobacco will process payment for
the Goods (plus any delivery charges) using your nominated credit card
(Visa or Mastercard);
14.3 You authorise Foreman Tobacco to debit such amount from your
nominated credit card;
14.4 If your nominated credit card is declined by your financial institution,
Foreman Tobacco will not be able to guarantee the delivery of the
Goods, and may contact you to make alternative payment and delivery
arrangements; and
14.5 Foreman Tobacco may decide at any time not to accept payment from
you by credit card for any reason. If we decline to accept payment, we
will not process the Order and may not contact you to inform you that
your Order will not be processed. We may process this Order or further
Orders if you make a payment by another method that is acceptable to
Foreman Tobacco.
15. Delivery, Risk and Title in the goods
15.1 Foreman Tobacco will use its best endeavours to deliver the Goods to
your nominated delivery address within the time period specified at the
time of placing your Order. However Foreman Tobacco will not be liable
to you or anyone else for any losses suffered or incurred due to delay;
15.2 Subject to payment, property and risk in the Goods passes to you upon
delivery of the Goods to your nominated delivery address; and
15.3 All parcels are delivered using Startrack. Startrack reserves the right to
request identification at the time of delivery. If the residence is
unoccupied at time of delivery or identification can not be provided,
StarTrack will attempt to re-deliver the following day. If the residence is
again unoccupied the intended resident will be charged a return-to-
sender fee and the goods will be returned to Foreman Tobacco Online
where a full refund will be issued upon receiving goods.
16. Faulty or damaged goods
16.1 Foreman Tobacco will use its best endeavours to replace any faulty
Goods, or Goods damaged prior to delivery;
16.2 Damaged or faulty Goods will be replaced (at the discretion of Foreman
Tobacco) or where replacement of damaged or faulty Goods is not
possible (in the opinion of Foreman Tobacco) a full refund will be issued
for the value of the faulty or damaged Goods; and
16.3 All damaged and faulty goods must be returned to Foreman Tobacco.
17. Returns
If you have a return, please refer to our returns policy for more information.
18. Indemnity
18.1 You waive, release, discharge and relinquish any and all claims that you
now have or may have against Foreman Tobacco which are connected
with, arise out of, relate to or are incidental to the use of the Website;
18.2 You agree to indemnify Foreman Tobacco and keep us indemnified,
and hold harmless from and against any and all claims, loss, damage,
taxes, liability and/or expense that may be incurred by Foreman Tobacco
arising out of or in connection with the Website by any other person as a
result of your, or any person using your password's:
(a) act or omission;
(b) breach of these terms and conditions; or/and
(c) infringement of any Intellectual Property on the Website.
19. Privacy
Please refer to our website privacy policy for detailed information.
20. General
20.1 Any provision of these Terms and Conditions which is void or
unenforceable may be severed from these Terms and Conditions without
affecting the enforceability of other provisions.; and
20.2 A failure or delay by Foreman Tobacco to exercise a power or right
under these Terms and Conditions does not operate as a waiver of that
power or right, and the exercise of a power or right by Foreman Tobacco
does not preclude its future exercise or the exercise of any other power
or right.
21. International Online Customers
We do not accept any orders from international customers or international
credit cards.
22. Foreman Corporation Trading as Foreman Tobacco
In these Terms of use, a reference to Foreman Tobacco is a reference to
Foreman Corporation Pty Ltd (ABN 97 673 545 689) trading as Foreman
Tobacco.