1. About this website

Website Owner is Underwood Mods (ABN 41 449 291 182) (“Underwood Mods ”) (Domain name is www.e-pipeaustralia.com the “website”)

2. About these Terms and Conditions

These Terms and Conditions (“Terms and Conditions”) and the associated Privacy Statement (“privacy policy”) govern your access to and use of the website and purchase of goods from Underwood Mods. You should read these Terms and Conditions and the privacy policy carefully before using this website.

3. Your access/use implies agreement

The website is available for your use only on condition that you agree to these Terms and Conditions and that you are 18 years of age or older. By accessing, using and ordering  goods from Underwood Mods, you are signifying that you agree to be bound by these terms.

4. Modifications to Terms and Conditions and other information

Underwood Mods does not warrant the accuracy, adequacy or completeness of material on the website and reserves the right to revise and update the contents of website, policies and these Terms and Conditions at any time without notice at the sole discretion of Underwood Mods. Your usage of the website will mean you accept the policies and Terms and Conditions in force at the time that you use or order goods from Underwood Mods, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

5. Errors and problems

Underwood Mods does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted therefore is not liable for any loss or damage caused.

6. License and Ownership

The copyright for the content on this website is owned or licensed by Underwood Mods and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Underwood Mods.

All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Underwood Mods.

7. Underwood Mods Privacy Policy

The Underwood Mods privacy policy governs the use of information collected from or provided by you at the website. A policy statement prepared by Underwood Mods for the purposes of being made available to customers and the general public declaring the company's commitment to the Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a company required to comply is available at our privacy policy page.

8. Feedback, suggestions, comments or requests

Any feedback, suggestions, comments or requests (“comments”) to Underwood Mods may be made to info@underwoodmods.com. If you make comments, you acknowledge that: they will not be considered confidential or proprietary, and Underwood Mods is under no obligation to keep such information confidential, and Underwood Mods will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.

9. Outbound links

The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Underwood Mods. Underwood Mods makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. Underwood Mods may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Underwood Mods website.

10. Inbound links

Underwood Mods generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Underwood Mods. However, linking to any other page of the website is strictly prohibited, without express written permission from Underwood Mods.

11. Jurisdiction

The Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of Victoria and The International Section is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the laws of the State of Victoria Australia.

12. Disclaimer of Warranties

Underwood Mods makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.

13. Liability

Any party using the Underwood Mods website and/or any products acquired from Underwood Mods for any purpose does so at their own risk and releases and indemnifies Underwood Mods against all responsibility and liability (including negligence, negligent misstatement, economic and consequential loss) for all expenses, losses, damages and costs incurred as a consequence of that use. In no event shall Underwood Mods, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Underwood Mods website.

14. General Conditions of Sale

The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Underwood Mods with respect to the subject matter hereof.

a. The goods delivered under this Agreement shall be of normal quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.

b. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts and is a smoker or ex-smoker, or is purchasing products for a smoker or ex-smoker. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to Underwood Mods that you are at least 18 years of age, and are legally capable of entering into binding contracts.

c. Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.

d. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.

e. Underwood Mods reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with Underwood Mods only comes into existence when Underwood Mods forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.

f. This contract shall be governed by and construed in accordance with the law in effect in the State of Victoria and by entering into contract both parties are accepting the jurisdiction of the courts of the State of Victoria in relation to any dispute between them.

g. You shall inspect the goods immediately upon their arrival and shall within forty eight (48) hours give notice to Underwood Mods, unless otherwise specified on the website, if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by Underwood Mods within forty eight (48) hours after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty. Full details of warranty and refund policies are available at our warranty and refund policy page.

h. Ownership and property in the goods supplied/delivered shall pass from Underwood Mods to you when Underwood Mods accepts your offer and assigns product at Underwood Mods. Risk passes to you upon delivery to your agreed delivery point.

i. Underwood Mods shall not be responsible for any delay or failure in delivery of any goods caused by force majeure and shall be excused from performance of its obligations when and to the extent such performance is delayed or prevented by force majeure. For this purpose force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.

j. You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Underwood Mods in respect of any such use. Underwood Mods is not liable for any infringement arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility to ensure that the goods when used by you are not damaged and no liability will be accepted by Underwood Mods for the consequences of the use of damaged goods by you.

k. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Underwood Mods implied by the Goods Act, 1958.

15. Warnings

Electronic cigarettes, electronic pipes or any vaping devices and e-liquids have not yet been approved by the Therapeutic Goods Administration nor is it proven that vaping is either safe or safer than smoking, can reduce risk for smokers or can reduce tobacco dependency. All Underwood Mods products are therefore not sold as or to be considered as therapeutic or medical devices.

Underwood Mods products are intended for use only by persons of legal smoking age who are smokers, not to be used by non-smokers whether of any legal age, minors or children. Keep all Underwood Mods products out of the reach of children and pets as ingestion of certain pieces can be a choking hazard, and ingestion or absorption through skin, mouth or any manner of the non-vaporized and concentrated e-liquids may be poisonous. Underwood Mods does not sell any nicotine or nicotine product.

Underwood Mods products are not intended for use by people with allergies or sensitivities to any inhalants or medication, pregnant or breastfeeding women, persons with, or at risk of heart or vascular disease, high blood pressure, low blood pressure, diabetes, asthma, COPD or other pulmonary conditions, or if you are taking medications for any of these conditions or any over the counter drug or substance used in any regimen. Underwood Mods advises that you consult your doctor before commencing use of our products.

There may be risks associated with the use of these products and the user assumes all risks, and releases and indemnifies Underwood Mods against any or all consequences of such risks.

You must read and understand all Terms and Conditions and product instructions before purchase. Placing an order for any Underwood Mods product signifies that you have read all product instructions available on this website or elsewhere regarding the products and agreed with all Terms and Conditions and policies provided on this website.