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BONGSTA

Terms of Service

Terms of Service

Effective Date: 15 August 2025

Welcome to Bongsta (“we”, “us”, “our”). These Terms of Service (“Terms”) govern your access to and use of the website bongsta.com.au (“Site”), including all products and services available through it. By accessing or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use the Site.

1. Eligibility & Age Verification

  • You must be at least 18 years of age to purchase from us or use our Site.
  • By using our Site, you represent that you meet this age requirement and that all information you provide is true, complete, and current.
  • We reserve the right to request proof of age and to cancel orders if satisfactory proof is not provided.
  • You are solely responsible for ensuring that your purchase and use of our products complies with all laws in your jurisdiction.

2. Legal Use Disclaimer

All products are sold strictly for lawful purposes, such as tobacco use or ornamental display, depending on the product. We do not condone or encourage any illegal activity. It is your responsibility to know and comply with local, state, and federal laws regarding the purchase, possession, and use of our products. We are not liable for any legal consequences resulting from your misuse or unlawful use of our products.

3. Accounts

  • To place orders, you may be required to create an account and provide accurate personal details.
  • You are responsible for safeguarding your account credentials and for all activity conducted under your account.
  • We may suspend or terminate accounts suspected of fraud, abuse, or violations of these Terms, without notice.

4. Orders & Payment

  • All prices are in Australian Dollars (AUD) and include GST unless stated otherwise.
  • Orders are accepted subject to stock availability. We may cancel or refuse any order for any reason, including pricing errors, suspected fraud, or product restrictions in your area.
  • Payment must be made in full before your order is processed for shipment.
  • In the event of a pricing or listing error, we will contact you to confirm whether you wish to proceed at the corrected price.

5. Product Descriptions & Accuracy

  • We make reasonable efforts to ensure product descriptions, images, and pricing are accurate. However, minor variations may occur due to manufacturing changes or differences in display screens.
  • We do not warrant that all descriptions or information are error-free, complete, or current.

6. Shipping & Delivery

  • We ship Australia-wide via reputable carriers. Delivery estimates are provided for guidance only and are not guaranteed.
  • Risk of loss passes to you upon delivery to the shipping address provided at checkout.
  • We are not responsible for delays, loss, or seizure of goods by customs, law enforcement, or other authorities.
  • Signature on delivery may be required for age-restricted products.

7. Returns, Refunds & Australian Consumer Law

  • Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (“ACL”).
  • You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
  • If the failure is not major, you are entitled to have the goods repaired or replaced within a reasonable time.
  • Change-of-mind returns are accepted within 14 days of delivery for unused, unopened items in original packaging (excluding hygiene-sensitive products).
  • Return shipping for change-of-mind returns is at your cost.

8. Warranties & Disclaimers

  • Except as required by law, all express or implied warranties, conditions, or guarantees are excluded to the fullest extent permitted by law.
  • We do not guarantee uninterrupted, error-free access to our Site or that it will be free of harmful code.
  • We do not guarantee that our products will be suitable for your particular purposes.

9. Limitation of Liability

  • To the fullest extent permitted by law, Bongsta, its owners, employees, and agents will not be liable for any direct, indirect, incidental, special, or consequential damages, loss of profits, data, goodwill, or other intangible losses resulting from your use of our Site or products.
  • Where liability cannot be excluded, our total liability will not exceed the amount you paid for the relevant product.

10. Indemnity

You agree to indemnify and hold harmless Bongsta, its employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including legal costs) arising out of your breach of these Terms, unlawful use of our products, or violation of any rights of a third party.

11. Prohibited Conduct

  • Using the Site for unlawful, fraudulent, or harmful purposes.
  • Purchasing on behalf of a minor.
  • Distributing false, misleading, or harmful information.
  • Attempting to hack, disrupt, or interfere with Site operations.

12. Privacy

Your use of the Site is governed by our Privacy Policy, which outlines how we collect, store, and protect your personal information in compliance with the Privacy Act 1988 (Cth) and other applicable laws.

13. Third-Party Links

The Site may include links to third-party websites. We are not responsible for the content, policies, or accuracy of information on external sites. Use them at your own risk.

14. Intellectual Property

All content on the Site, including text, images, graphics, logos, and software, is owned or licensed by Bongsta and protected under Australian copyright and trademark laws. You may not reproduce, modify, distribute, or use our intellectual property without our express written consent.

15. Force Majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, strikes, internet outages, government actions, or pandemics.

16. Website Availability & Data Loss

We do not guarantee continuous access to the Site, and we are not responsible for any data loss or corruption resulting from downtime, technical issues, or cyberattacks.

17. Dispute Resolution

  • Before initiating court action, you agree to attempt to resolve disputes through good-faith negotiation.
  • If unresolved, disputes will be referred to mediation in Sydney, NSW, before legal proceedings.

18. Changes to These Terms

We may update these Terms at any time. Updated versions will be posted on the Site with a revised “Effective Date.” Your continued use of the Site constitutes acceptance of any changes.

19. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.

20. Contact Us

If you have any questions about these Terms, please contact us at:

Bongsta
Email: hello@bongsta.com.au
Sydney, NSW, Australia