Terms and Conditions

OVERVIEW

This website is operated by Itchy Eyebrows Production. Throughout the site, the terms “we”, “us” and “our” refer to Itchy Eyebrows Production. Itchy Eyebrows Production offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

You must be 18 years or over to access or purchase from this website.

All smoking products purchased from stingoandkush.com are only to be used with tobacco or legal alternatives. You must agree when purchasing smoking products from our website that they will be used for legal purposes.

Before purchasing from stingoandkush.com please ensure that the product you are purchasing is legal in the State or Territory that you reside as laws may vary.

If a customer does not take into consideration their individual laws and is fined, charged or convicted Itchy Eyebrows Production will not held accountable.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

WEBSITE TERMS AND CONDITIONS OF USE

  1. About the Website
    (a) Welcome to https://stingoandkush.com (the ‘Website’). The Website provides you
    with an opportunity to browse and purchase various products that have been listed
    for sale through the Website (the ‘Products’). The Website provides this service
    by way of granting you access to the content on the Website (the ‘Purchase
    Services’).
    (b) The Website is operated by Itchy Eyebrows Production(ACN 646756265). Access
    to and use of the Website, or any of its associated Products or Services, is
    provided by Itchy Eyebrows Production. Please read these terms and conditions
    (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this
    signifies that you have read, understood and agree to be bound by the Terms. If
    you do not agree with the Terms, you must cease usage of the Website, or any of
    Services, immediately.
    (c) Itchy Eyebrows Production reserves the right to review and change any of the
    Terms by updating this page at its sole discretion. When Itchy Eyebrows
    Production updates the Terms, it will use reasonable endeavours to provide you
    with notice of updates to the Terms. Any changes to the Terms take immediate
    effect from the date of their publication. Before you continue, we recommend you
    keep a copy of the Terms for your records.
  2. Acceptance of the Terms
    (a) You accept the Terms by remaining on the Website. You may also accept the
    Terms by clicking to accept or agree to the Terms where this option is made
    available to you by Itchy Eyebrows Production in the user interface.
  3. Registration to use the Purchase Services
    (a) In order to access the Purchase Services, you must first register as a user of the
    Website. As part of the registration process, or as part of your continued use of the
    Purchase Services, you may be required to provide personal information about
    yourself (such as identification or contact details), including:
    (i) Email address
    (ii) Preferred username
    (iii) Mailing address
    (iv) Telephone number
    (v) Password
    (b) You warrant that any information you give to Itchy Eyebrows Production in the
    course of completing the registration process will always be accurate, correct and
    up to date.
    (c) Once you have completed the registration process, you will be a registered
    member of the Website (‘Member’) and agree to be bound by the Terms. As a
    Member you will be granted immediate access to the Purchase Services.
    (d) You may not use the Purchase Services and may not accept the Terms if:
    (a) you are not of legal age to form a binding contract with Itchy Eyebrows
    Production; or
    (b) you are a person barred from receiving the Purchase Services under the
    laws of Australia or other countries including the country in which you are
    resident or from which you use the Purchase Services.
  4. Your obligations as a Member
    (a) As a Member, you agree to comply with the following: You will use the Purchase
    Services only for purposes that are permitted by:
    (i) the Terms;
    (ii) any applicable law, regulation or generally accepted practices or guidelines
    in the relevant jurisdictions;
    (iii) you have the sole responsibility for protecting the confidentiality of your
    password and/or email address. Use of your password by any other person
    may result in the immediate cancellation of the Purchase Services;
    (iv) any use of your registration information by any other person, or third
    parties, is strictly prohibited. You agree to immediately notify Itchy
    Eyebrows Production of any unauthorised use of your password or email
    address or any breach of security of which you have become aware;
    (v) access and use of the Website is limited, non-transferable and allows for
    the sole use of the Website by you for the purposes of Itchy Eyebrows
    Production providing the Purchase Services;
    (vi) you will not use the Purchase Services or Website for any illegal and/or
    unauthorised use which includes collecting email addresses of Members by
    electronic or other means for the purpose of sending unsolicited email or
    unauthorised framing of or linking to the Website;
    (vii) you agree that commercial advertisements, affiliate links, and other forms
    of solicitation may be removed from the Website without notice and may
    result in termination of the Purchase Services. Appropriate legal action will
    be taken by Itchy Eyebrows Production for any illegal or unauthorised use
    of the Website; and
    (viii) you acknowledge and agree that any automated use of the Website or its
    Purchase Services is prohibited.
  5. Purchase of Products and Returns Policy
    (a) In using the Purchase Services to purchase the Product through the Website, you
    will agree to the payment of the purchase price listed on the Website for the
    Product (the ‘Purchase Price’).
    (b) Payment of the Purchase Price may be made through WooCommerce or PayPal
    (the ‘Payment Gateway Provider’). In using the Purchase Services, you
    warrant that you have familiarised yourself with, and agree to be bound by, the
    applicable Terms and Conditions of Use, Privacy Policy and other relevant legal
    documentation provided by the Payment Gateway Providers.
    (c) Following payment of the Purchase Price being confirmed by Itchy Eyebrows
    Production, you will be issued with a receipt to confirm that the payment has been
    received and Itchy Eyebrows Production may record your purchase details for
    future use.
    (d) Itchy Eyebrows Production may, at their sole discretion, provide a refund on the
    return of the Products within 7 days where the Product packaging is unopened
    and remains in a saleable condition. You acknowledge and agree that you are
    liable for any postage and shipping costs associated with any refund pursuant to
    this clause.
  6. Warranty
    (a) Itchy Eyebrows Production’s Products come with guarantees that cannot be
    excluded under the Australian Consumer Law. You are entitled to a replacement or
    refund for a major failure of the Product and compensation for any other
    reasonably foreseeable loss or damage. You are also entitled to have the
    Products repaired or replaced if the Products fail to be of acceptable quality and
    the failure does not amount to a major failure (the ‘Warranty’).
    (b) You may make a claim under this clause (the ‘Warranty Claim ‘) for material
    defects and workmanship in the Products within 1 year from the date of purchase
    (the ‘Warranty Period’).
    (c) In order to make a Warranty Claim during the Warranty Period, you must provide
    proof of purchase to Itchy Eyebrows Production showing the date of purchase of
    the Products, provide a description of the Products and the price paid for the
    Products by sending written notice to Itchy Eyebrows Production at 8 cooper
    street, Cessnock, New South Wales, 2325 or by email at
    admin@stingoandkush.com.
    (d) Where the Warranty Claim is accepted then Itchy Eyebrows Production will, at its
    sole discretion, either repair or replace any defective Products or part thereof with
    a new or remanufactured equivalent during the Warranty Period at no charge to
    you for parts or labour. You acknowledge and agree that you will be solely liable
    for any postage or shipping costs incurred in facilitating the Warranty Claim.
    (e) The Warranty shall be the sole and exclusive warranty granted by Itchy Eyebrows
    Production and shall be the sole and exclusive remedy available to you in addition
    to other rights and under a law in relation to the Products to which this warranty
    relates.
    (f) All implied warranties including the warranties of merchantability and fitness for
    use are limited to the Warranty Period.
    (g) The Warranty does not apply to any appearance of the supplied Products nor to
    the additional excluded items set forth below nor to any supplied Products where
    the exterior of which has been damaged or defaced, which has been subjected to
    misuse, abnormal service or handling, or which has been altered or modified in
    design or construction.
  7. Delivery
    (a) You acknowledge that the Purchase Services offered by Itchy Eyebrows
    Production integrate delivery (the ‘ Delivery Services’) through the use of third
    party delivery companies (the ‘ Delivery Service Providers’).
    (b) In providing the Purchase Services, Itchy Eyebrows Production may provide you
    with a variety of delivery and insurance options offered as part of the Delivery
    Services by the Delivery Service Providers. You acknowledge and agree that Itchy
    Eyebrows Production is not the provider of these delivery and insurance options
    and merely facilitates your interaction with the Delivery Service Providers in
    respect to providing the Delivery Services.
    (c) In the event that an item is lost or damaged in the course of the Delivery Services,
    Itchy Eyebrows Production asks that you:
    (i) contact the Delivery Service Provider directly to request a refund or to claim
    on any insurance options available; and
    (ii) contact us by sending an email to admin@stingoandkush.com outlining in
    what way the Products were damaged in transit so we are able to
    determine if the Delivery Service Provider should be removed from the
    Purchase Services.
  8. Copyright and Intellectual Property
    (a) The Website, the Purchase Services and all of the related products of Itchy
    Eyebrows Production are subject to copyright. The material on the Website is
    protected by copyright under the laws of Australia and through international
    treaties. Unless otherwise indicated, all rights (including copyright) in the site
    content and compilation of the website (including text, graphics, logos, button
    icons, video images, audio clips and software) (the ‘Content’) are owned or
    controlled for these purposes, and are reserved by Itchy Eyebrows Production or
    its contributors.
    (b) Itchy Eyebrows Production retains all rights, title and interest in and to the Website
    and all related content. Nothing you do on or in relation to the Website will transfer
    to you:
    (a) the business name, trading name, domain name, trade mark, industrial
    design, patent, registered design or copyright of Itchy Eyebrows
    Production; or
    (b) the right to use or exploit a business name, trading name, domain name,
    trade mark or industrial design; or
    (c) a system or process that is the subject of a patent, registered design or
    copyright (or an adaptation or modification of such a system or process).
    (c) You may not, without the prior written permission of Itchy Eyebrows Production
    and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or
    change in any way the Content or third party content for any purpose. This
    prohibition does not extend to materials on the Website, which are freely available
    for re-use or are in the public domain.
  9. Privacy
    (a) Itchy Eyebrows Production takes your privacy seriously and any information
    provided through your use of the Website and/or the Purchase Services are
    subject to Itchy Eyebrows Production’s Privacy Policy, which is available on the
    Website.
  10. General Disclaimer
    (a) You acknowledge that Itchy Eyebrows Production does not make any terms,
    guarantees, warranties, representations or conditions whatsoever regarding the
    Products other than provided for pursuant to these Terms.
    (b) Itchy Eyebrows Production will make every effort to ensure a Product is accurately
    depicted on the Website, however, you acknowledge that sizes, colours and
    packaging may differ from what is displayed on the Website.
    (c) Nothing in these Terms limits or excludes any guarantees, warranties,
    representations or conditions implied or imposed by law, including the Australian
    Consumer Law (or any liability under them) which by law may not be limited or
    excluded.
    (d) Subject to this clause, and to the extent permitted by law:
    (i) all terms, guarantees, warranties, representations or conditions which are
    not expressly stated in these Terms are excluded; and
    (ii) Itchy Eyebrows Production will not be liable for any special, indirect or
    consequential loss or damage (unless such loss or damage is reasonably
    foreseeable resulting from our failure to meet an applicable Consumer
    Guarantee), loss of profit or opportunity, or damage to goodwill arising out
    of or in connection with the Purchase Services or these Terms (including as
    a result of not being able to use the Purchase Services or the late supply of
    the Purchase Services), whether at common law, under contract, tort
    (including negligence), in equity, pursuant to statute or otherwise.
    (e) Use of the Website, the Purchase Services, and any of the products of Itchy
    Eyebrows Production (including the Delivery Services), is at your own risk.
    Everything on the Website, the Purchase Services, and the Products of Itchy
    Eyebrows Production, are provided to you on an “as is” and “as available” basis,
    without warranty or condition of any kind. None of the affiliates, directors, officers,
    employees, agents, contributors, third party content providers or licensors of Itchy
    Eyebrows Productionincluding any third party where the Delivery Services are
    made available to you) make any express or implied representation or warranty
    about its Content or any products or Purchase Services (including the products or
    Purchase Services of Itchy Eyebrows Production) referred to on the Website. This
    includes (but is not restricted to) loss or damage you might suffer as a result of
    any of the following:
    (i) failure of performance, error, omission, interruption, deletion, defect, failure
    to correct defects, delay in operation or transmission, computer virus or
    other harmful component, loss of data, communication line failure, unlawful
    third party conduct, or theft, destruction, alteration or unauthorised access
    to records;
    (ii) the accuracy, suitability or currency of any information on the Website, the
    Purchase Service, or any of its Content related products (including third
    party material and advertisements on the Website);
    (iii) costs incurred as a result of you using the Website, the Purchase Services
    or any of the Products;
    (iv) the Content or operation in respect to links which are provided for the
    User’s convenience;
    (v) any failure to complete a transaction, or any loss arising from e-commerce
    transacted on the Website; or
    (vi) any defamatory, threatening, offensive or unlawful conduct of third parties
    or publication of any materials relating to or constituting such conduct.
  11. Limitation of Liability
    (a) Itchy Eyebrows Production’s total liability arising out of or in connection with the
    Purchase Services or these Terms, however arising, including under contract, tort
    (including negligence), in equity, under statute or otherwise, will not exceed the
    most recent Purchase Price paid by you under these Terms or where you have not
    paid the Purchase Price, then the total liability of Itchy Eyebrows Production is the
    resupply of information or Purchase Services to you.
    (b) You expressly understand and agree that Itchy Eyebrows Production, its affiliates,
    employees, agents, contributors, third party content providers and licensors shall
    not be liable to you for any direct, indirect, incidental, special consequential or
    exemplary damages which may be incurred by you, however caused and under
    any theory of liability. This shall include, but is not limited to, any loss of profit
    (whether incurred directly or indirectly), any loss of goodwill or business reputation
    and any other intangible loss.
    (c) Itchy Eyebrows Production is not responsible or liable in any manner for any site
    content (including the Content and Third Party Content) posted on the Website or
    in connection with the Purchase Services, whether posted or caused by users of
    the website of Itchy Eyebrows Production, by third parties or by any of the
    Purchase Services offered by Itchy Eyebrows Production.
    (d) You acknowledge that Itchy Eyebrows Production does not provide the Delivery
    Services to you and you agree that Itchy Eyebrows Production will not be liable to
    you for any special, indirect or consequential loss or damage, loss of profit or
    opportunity, or damage to goodwill arising out of or in connection with the Delivery
    Services.
  12. Termination of Contract
    (a) The Terms will continue to apply until terminated by either you or by Itchy
    Eyebrows Production as set out below.
    (b) If you want to terminate the Terms, you may do so by:
    (i) notifying Itchy Eyebrows Production at any time; and
    (ii) closing your accounts for all of the Purchase Services which you use,
    where Itchy Eyebrows Production has made this option available to you.
    (c) Your notice should be sent, in writing, to Itchy Eyebrows Production via the
    ‘Contact Us’ link on our homepage.
    (d) Itchy Eyebrows Production may at any time, terminate the Terms with you if:
    (i) you have breached any provision of the Terms or intend to breach any
    provision;
    (ii) Itchy Eyebrows Production is required to do so by law;
    (iii) the partner with whom Itchy Eyebrows Production offered the Purchase
    Services to you has terminated its relationship with Itchy Eyebrows
    Production or ceased to offer the Purchase Services to you;
    (iv) Itchy Eyebrows Production is transitioning to no longer providing the
    Purchase Services to Users in the country in which you are resident or from
    which you use the service; or
    (v) the provision of the Purchase Services to you by Itchy Eyebrows Production
    is, in the opinion of Itchy Eyebrows Production, no longer commercially
    viable.
    (e) Subject to local applicable laws, Itchy Eyebrows Production reserves the right to
    discontinue or cancel your membership to the Website at any time and may
    suspend or deny, in its sole discretion, your access to all or any portion of the
    Website or the Purchase Services without notice if you breach any provision of the
    Terms or any applicable law or if your conduct impacts Itchy Eyebrows
    Production’s name or reputation or violates the rights of those of another party.
    (f) When the Terms come to an end, all of the legal rights, obligations and liabilities
    that you and Itchy Eyebrows Production have benefited from, been subject to (or
    which have accrued over time whilst the Terms have been in force) or which are
    expressed to continue indefinitely, shall be unaffected by this cessation, and the
    provisions of this clause shall continue to apply to such rights, obligations and
    liabilities indefinitely.
  13. Indemnity
    (a) You agree to indemnify Itchy Eyebrows Production, its affiliates, employees,
    agents, contributors, third party content providers and licensors from and against:
    (i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
    damage (including legal fees on a full indemnity basis) incurred, suffered or
    arising out of or in connection with any Content you post through the
    Website;
    (ii) any direct or indirect consequences of you accessing, using or transacting
    on the Website or attempts to do so and any breach by you or your agents
    of these Terms; and/or
    (iii) any breach of the Terms.
  14. Dispute Resolution
    (a) Compulsory:
    If a dispute arises out of or relates to the Terms, either party may not commence
    any Tribunal or Court proceedings in relation to the dispute, unless the following
    clauses have been complied with (except where urgent interlocutory relief is
    sought).
    (b) Notice:
    A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms,
    must give written notice to the other party detailing the nature of the dispute, the
    desired outcome and the action required to settle the Dispute.
    (c) Resolution:
    On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
    (‘Parties’) must:
    (i) Within 7 days of the Notice endeavour in good faith to resolve the Dispute
    expeditiously by negotiation or such other means upon which they may
    mutually agree;
    (ii) If for any reason whatsoever, 14 days after the date of the Notice, the
    Dispute has not been resolved, the Parties must either agree upon
    selection of a mediator or request that an appropriate mediator be
    appointed by the President of the Australian Mediation Association or his or
    her nominee;
    (iii) The Parties are equally liable for the fees and reasonable expenses of a
    mediator and the cost of the venue of the mediation and without limiting the
    foregoing undertake to pay any amounts requested by the mediator as a
    pre-condition to the mediation commencing. The Parties must each pay
    their own costs associated with the mediation;
    (iv) The mediation will be held in Sydney, Australia.
    (d) Confidential:
    All communications concerning negotiations made by the Parties arising out of and
    in connection with this dispute resolution clause are confidential and to the extent
    possible, must be treated as “without prejudice” negotiations for the purpose of
    applicable laws of evidence.
    (e) Termination of Mediation:
    If 2 weeks have elapsed after the start of a mediation of the Dispute and the
    Dispute has not been resolved, either Party may ask the mediator to terminate the
    mediation and the mediator must do so.
  15. Venue and Jurisdiction
    (a) The Purchase Services offered by Itchy Eyebrows Production is intended to be
    viewed by residents of Australia. In the event of any dispute arising out of or in
    relation to the Website, you agree that the exclusive venue for resolving any
    dispute shall be in the courts of New South Wales, Australia.
  16. Governing Law
    (a) The Terms are governed by the laws of New South Wales, Australia. Any dispute,
    controversy, proceeding or claim of whatever nature arising out of or in any way
    relating to the Terms and the rights created hereby shall be governed, interpreted
    and construed by, under and pursuant to the laws of New South Wales Australia,
    without reference to conflict of law principles, notwithstanding mandatory rules.
    The validity of this governing law clause is not contested. The Terms shall be
    binding to the benefit of the parties hereto and their successors and assigns.
  17. Independent Legal Advice
    (a) Both parties confirm and declare that the provisions of the Terms are fair and
    reasonable and both parties having taken the opportunity to obtain independent
    legal advice and declare the Terms are not against public policy on the grounds of
    inequality or bargaining power or general grounds of restraint of trade.
  18. Severance
    Approved by
    (a) If any part of these Terms is found to be void or unenforceable by a Court of
    competent jurisdiction, that part shall be severed and the rest of the Terms shall
    remain in force.

Questions about the Terms of Service should be sent to us at admin@stingoandkush.com.