Terms & Conditions

Terms and conditions of use

Please read the following terms and conditions of use carefully before using this website. All users of this site implicitly agree that access to – and use of this site – is subject to the following terms and conditions and other applicable law. By using this website and confirming your order on www.throatpunch.co.za indicates your acceptance of these terms and conditions of use. If you do not accept these terms and conditions of use, please do not use this website.

The sale of electronic cigarette and electronic cigarette related products

Throat Punch and any and all of Throat Punch’s parent and subsidiary companies do not sell electronic cigarettes and/or electronic cigarette related products to persons under the age of 18. By using this site you are asserting that you are over 18 years of age. Throat Punch and any and all of Throat Punch's parent and subsidiary companies make every effort to ensure that electronic cigarette and electronic cigarette related products are not delivered to anyone who is under the age of 18 years age within the Republic of South Africa. By using this site you are unambiguously confirming to the person receiving a shipment of electronic cigarette and/or electronic cigarette related products from Throat Punch and any and all of Throat Punch's parent and subsidiary companies that you are over the age of 18. You also agree that any electronic cigarette and/or electronic cigarette related products purchased from Throat Punch and any and all of Throat Punch's parent and subsidiary companies is/are intended for personal use and not for resale. If you do not agree with these terms and conditions, please do not use this website.

Your account

If you use this website, www.throatpunch.co.za, you are responsible for maintaining the confidentiality of your online account and password and for restricting access to your computer; and you further agree to accept responsibility for all activities that occur under your account or password. Throat Punch and any and all of Throat Punch's parent and subsidiary companies only sell to adults over the age of 18, who own and can purchase with a credit card. If you are under 18 years of age Throat Punch and its affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Republic of South Africa and other copyright laws, and is the property of Throat Punch and any and all of Throat Punch's parent and subsidiary companies. The collective work includes works that are licensed to Throat Punch and any and all of Throat Punch's parent and subsidiary companies. Copyright 2017, Throat Punch ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Throat Punch or purchasing Throat Punch products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Throat Punch or to purchase Throat Punch products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by Throat Punch. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Electronic communications

Any time you send Throat Punch and any and all of Throat Punch's parent and subsidiary companies an email, or log in to our website at www.throatpunch.co.za, you are communicating with us in an electronic format. This gives Throat Punch and any and all of Throat Punch's parent and subsidiary companies permission to communicate back to you in the same electronic format, either by e-mail or text written on our website. With this, we both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by Throat Punch and any and all of Throat Punch's parent and subsidiary companies satisfies all legal notification requirements.

Compliance with applicable laws

Export Control Laws: Visitor or user access to www.throatpunch.co.za is governed by all applicable national, and local laws. All information available on www.throatpunch.co.za is subject to RSA export control laws and may also be subject to the laws of the country where you reside.

Licence and site access

Throat Punch and any and all of Throat Punch's parent and subsidiary companies grant you a limited licence to access and make personal use only of the www.throatpunch.co.za website. Such permission does not include, without limitation:

a) any resale or commercial use of the website or content therein, or download or modification of any portion of the webite, except through page storing;
b) the collection and use of any product listings, pricing, or descriptions;
c) making derivative uses of the website and its contents; or
d) any copying or downloading of information for benefit of a third party;

Any unauthorised use will immediately terminate your permission to use this website. You may not use any Throat Punch and any and all of Throat Punch's parent and subsidiary companies text, graphics, photos, logos, button icons, images, audio clips, digital downloads or data compilations without the express written permission of Throat Punch.

Warranty disclaimer

This website and the materials and products on this website are provided 'as is' and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Throat Punch and any and all of Throat Punch's parent and subsidiary companies disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Throat Punch and any and all of Throat Punch's parent and subsidiary companies do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Throat Punch and any and all of Throat Punch's parent and subsidiary companies do not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Risk of loss

All items purchased from www.throatpunch.co.za or from Throat Punch and any and all of Throat Punch's parent and subsidiary companies or sales/distribution agents are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

Disclaimer of warranties and limitation of liability

Throat Punch and any and all of Throat Punch's parent and subsidiary companies products, this website and all information, content, materials, products, software and services included on or otherwise made available to you through this website are provided by www.throatpunch.co.za or its affiliates on an 'as is' basis, unless otherwise specified in writing. www.throatpunch.co.za and its affiliates make no representations or warranties of any kind, express or implied, as to the products or the operation of this website or the information, content, materials, products, software or services included on or otherwise made available to you through this website, unless otherwise specified in writing. You expressly agree that your use of Throat Punch and any and all of Throat Punch's parent and subsidiary companies products as well as any third party products or this website is at your sole risk.

To the full extent permission by applicable law, Throat Punch and any and all of Throat Punch's parent and subsidiary companies and www.throatpunch.co.za and its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Throat Punch and any and all of Throat Punch's parent and subsidiary companies and www.throatpunch.co.za and its affiliates do not warrant that Throat Punch and any and all of Throat Punch's parent and subsidiary companies products; this website; information, content, materials, products, software, or services included on or otherwise made available to you through this website; or that email sent from www.throatpunch.co.za is free of defects viruses or other harmful components.

Neither Throat Punch and any and all of Throat Punch's parent and subsidiary companies nor www.throatpunch.co.za and its affiliates will be liable for any damages of any kind arising from the use of Throat Punch and any and all of Throat Punch's parent and subsidiary companies products, this website or from any information, content, materials, products, software or services included on or otherwise made available to you through this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Throat Punch and any and all of Throat Punch's parent and subsidiary companies reserve the right to change any and all content contained on this website at any time without notice.

Typographical errors

In the event that a Throat Punch and any and all of Throat Punch's parent and subsidiary companies' product is mistakenly listed at an incorrect price, Throat Punch and any and all of Throat Punch's parent and subsidiary companies reserve the right to refuse or cancel any orders placed for such product listed at an incorrect price. Throat Punch and any and all of Throat Punch's parent and subsidiary companies reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Throat Punch and any and all of Throat Punch's parent and subsidiary companies shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Throat Punch and any and all of Throat Punch's parent and subsidiary companies without notice at any time, for any reason. The provisions relating to copyrights, trademark, disclaimer, limitation of liability, indemnification and miscellaneous, shall survive any termination.

Notice

Throat Punch and any and all of Throat Punch's parent and subsidiary companies may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Throat Punch and any and all of Throat Punch's parent and subsidiary companies.

Use of website

Harassment in any manner or form on the website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Throat Punch and any and all of Throat Punch's parent and subsidiary companies or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.

Participation disclaimer

Throat Punch and any and all of Throat Punch's parent and subsidiary companies does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Throat Punch is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Throat Punch and any and all of Throat Punch's parent and subsidiary companies reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Throat Punch and any and all of Throat Punch's parent and subsidiary companies in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Throat Punch and any and all of Throat Punch's parent and subsidiary companies, its officers, directors, employees, agents, licensors and suppliers (collectively the 'Service Providers') from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.

Third-party links

In an attempt to provide increased value to our visitors, Throat Punch and any and all of Throat Punch’s parent and subsidiary companies may link to sites operated by third parties. However, even if the third party is affiliated with Throat Punch and any and all of Throat Punch's parent and subsidiary companies, Throat Punch and any and all of Throat Punch's parent and subsidiary companies has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Throat Punch and any and all of Throat Punch's parent and subsidiary companies. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Throat Punch and any and all of Throat Punch's parent and subsidiary companies seek to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Disclaimer

These products are not intended to diagnose, treat, cure or prevent any disease. Information and statements made are for educational purposes and are not intended to replace the advice of your healthcare professional. By purchasing these products, you agree to use such products at your own risk. Under no circumstances will Throat Punch and any and all of Throat Punch's parent and subsidiary companies be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on any product on this site. Our products are intended for adults only. Our products are not to be used by anyone under the age of 18. Other Groups that should consult a physician before use include (but are not limited to): Those who suffer from heart disease or high blood pressure; those engaged in nursing, or who are pregnant or who are contemplating becoming pregnant; those allergic to nicotine or other propylene glycol based products.

Battery warning

There is an inherent risk pertaining to the use of any and all rechargeable batteries in any circumstance. Use special caution when working with Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable cells, as they are very sensitive to charging characteristics and may explode or burn if mishandled. Please ensure the user has sufficient knowledge of Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable cells in charging, discharging, assembly and storage before use. Always charge in/on a fire-proof surface. Never leave charging batteries unattended. Do not use any rechargeable battery nor any battery charger if any visible damage is present, nor if the cell or charger has been stressed through mishandling, accidental or otherwise, even if damage may not be visible. Always store and transport rechargeable cells in a safe, non-conductive container in a controlled environment. Dispose of all battery cells and chargers in accordance to national laws and mandates. Do not use chargers purchased outside of www.throatpunch.co.za. Doing so may cause damage to the battery and cause malfunctions which can result in serious, or even fatal, injuries. Throat Punch and any and all of Throat Punch's parent and subsidiary companies are not responsible for damage or any modification to the batteries in form or shape. We are not responsible for any damage caused by misuse or mishandling of Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable cells.

You can learn more about the proper storage and care of rechargeable batteries at: www.batteryuniversity.com

Important battery safety notice

Stay safe at all times and be aware of the chances of lithium battery fires.

WARNING: Lithium Polymer batteries (LiPo) and Lithium Ion batteries (Li-Ion) have a very high energy density (A-hours to weight ratio) compared to NiMH, NiCd's, or other batteries. That high energy density means that there is also an increased risk when using them. Because of this, we at Throat Punch and any and all of Throat Punch's parent and subsidiary companies recommend extreme caution in their use, and hereby inform you of the risks that are involved in the use of these types of batteries.

The main risks are fires or explosions which can result from improper charging, physical damage, or the short circuiting of the LiPo, Li-ion and all rechargeable batteries. Throat Punch and any and all of Throat Punch's parent and subsidiary companies must stress that all lithium and all rechargeable batteries ought to be used with extreme caution and attention in order to prevent any dangerous situations. Due to the close proximity of rechargeable batteries to the user as per the nature of usage, these risks are increased and may result in great physical harm.

For devices that require the use of two or more batteries to operate, batteries must be matched in brand, model and battery state at all times. Endeavour to discharge and recharge batteries within the same grouping. Failure to do so may result in malfunction, battery failure and injury.

Hybrid and mechanical devices are inherently dangerous and pose danger during use, storage, and assembly. Improper storing, assembling and usage of hybrid and/or mechanical devices may result in catastrophic battery failure, injury, and/or death. Exercise extreme caution in the use and handling of these devices at all times.

Products sold under or in conjunction with www.throatpunch.co.za are not toys. Never leave any product unattended, as the risk of potential harm is much greater. All users must be at least 18 years of age to purchase electronic cigarette products from this website. Falsifying your age for the purpose of purchasing products from this website is strictly illegal and is punishable by law. Purchasing items on behalf of a minor is prohibited and punishable by law. Throat Punch and any and all of Throat Punch's parent and subsidiary companies reserve the right to ask for identification upon our discretion.

By using www.throatpunch.co.za you are confirming you are over 18 years of age. Throat Punch and any and all of Throat Punch's parent and subsidiary companies reserve the right to deny any order if there is reason to believe that such order has been placed by a minor. Providing a false declaration under penalties of perjury is a criminal offence.

The following methods are recommended when charging and using lithium batteries:

1. Never store your batteries in a device, charger or harmful container.
2. Always charge your batteries in a protected environment that is situated well away from any flammable or combustible materials. Always monitor the charging process; never leave the charging process unattended at any time.
3. Always use chargers specifically designed to charge lithium batteries at a setting that coincides with your batteries. Failure to do so may cause a lithium fire and/or an explosion. Many documented lithium fires have occurred due to improperly set chargers that feature user-selectable/adjustable settings.
4. Always use a charging system that monitors and controls the charge state of each individual cell. This form of charging is also referred to as balanced charging. Charging with a balancer is a far safer option, because unbalanced cells can lead to fire and/or an explosion if a single cell is overcharged. If any battery shows any sign of swelling during the charging process, discontinue the charging immediately and move the battery to a safe place outside as they could erupt into flames.
5. Never leave a charging lithium cell unattended. Doing so may result in a fire and/or an explosion due to cells overheating.
6. Never continue to use, reuse, or attempt to charge a physically-damaged lithium battery. If ever your lithium battery gets damaged while in use (i.e. drops, dings, overheating etc.) you must carefully remove the battery and place it in a safe place for at least a half hour in order to carefully observe it. Physically damaged lithium battery cells could spontaneously erupt into a fire and/or an explosion.
7. Never disassemble or attempt to make your own battery combinations from individual lithium cells. This specifically includes the process of stacking batteries.

Lithium battery liability disclaimer and warranty

Throat Punch and any and all of Throat Punch's parent and subsidiary companies assumes no liability for the use or misuse of this product nor damages incurred to person or property pursuant to the use or misuse of chargers, batteries, atomisers, or other electronics that are used in conjunction with these products. Due to the nature of the use and misuse of these products, Throat Punch and any and all of Throat Punch's parent and subsidiary companies only provide warranties that this product meets all factory specifications at the time of purchase. No other warranty is implied.

Throat Punch and any and all of Throat Punch's parent and subsidiary companies, www.throatpunch.co.za, the point of purchase and any dealer/distributor will assume no responsibility for any damages or injuries to property or person that may occur. By purchasing any of these items, the consumer/buyer/user assumes all liability and takes full responsibility for usage and the results of these items. Because we cannot control the way lithium batteries will be used, charged, discharged or stored after purchase, Throat Punch and any and all of Throat Punch's parent and subsidiary companies offer no warranty on lithium batteries and any other rechargeable batteries, separate or contained within the device, other than the battery working correctly upon first charge. Lithium battery swelling, lithium batteries damaged through usage, and/or short-circuited batteries will not be covered under warranty. Lithium and rechargeable batteries and devices containing lithium rechargeable devices are used at your own risk.

Consumable product disclaimer

Products sold on this site may contain nicotine which is a highly addictive substance. Products sold on this site are intended for adult users over the age of 18. Please consult your physician before use. e-liquid on our site may contain propylene glycol (PG) and/or vegetable glycerin (VG), nicotine and flavourings. Our products may be poisonous if orally ingested. Products sold by Throat Punch are not smoking cessation products and have not been evaluated by state organisations, nor are they intended to treat, prevent or cure any disease or condition. Please keep out of reach of children and pets – in order to ensure their protection. Use all products on www.throatpunch.co.za at your own risk.

Product image disclaimer

Product images are for illustration purposes only. Actual product colours may vary depending on screen resolution and lighting.

Price adjustment disclaimer

Throat Punch will honour price adjustment within 14 days from the date of purchase together with proof of purchase. Holiday specials, promotional sales and clearance sales may be exempt. Price adjustment will be issued via store credit.

Age policy

We reserve the right to use third party age verification systems, in accordance with national law. If necessary, we reserve the right to ask for identification if deemed necessary. You must be over the age of 18 years to purchase electronic cigarette products. In instances in which credit card verification is not enough, we may request to review your identification card. You will be asked to fax or e-mail a legible copy of your identification clearly showing your age and shipping address. We will require a signed authorisation note along with a legible copy of your identification card. We will cancel the order if proper identification cannot be given within an appropriate time frame. All fraudulent orders may be reported to the local authorities within your area of abode.