Warranty & Returns Policy
Juddy Corp Pty Ltd – T/A Clouded Visions
(ABN 88 619 778 675)
(Last Updated 1 July 2021)
Customers are the lifeblood of any business and Clouded Visions is committed to retaining and building our customer base through service excellence and satisfaction.
A key factor in achieving this is providing clear and concise information regarding the services we provide and each other’s obligations, this is particularly important in respect to Warranties and Returns. Clouded Visions is committed to delivering transparent, consistent and professional services in all of your dealings with us and the following details the terms and conditions (the ‘Terms’) of our Warranty and Returns Policy.
1.1. Clouded Visions offer refunds, repairs and replacements in accordance with the Australian Consumer Law (ACL) and as per the Terms set out in this Policy.
1.2. Any benefits set out in this Policy may apply in addition to your rights under the ACL.
1.3. The statutory warranty period for most Vaping hardware products is three months; however; some selected Products offer a six-month warranty.
1.4. Before making a Purchase with Clouded Visions please read these Terms carefully so you understand your rights and obligations and what you can expect from us should you not be satisfied with your Purchase.
2. Australian Consumer Law (ACL)
2.1. The ACL provides a set of Consumer Guarantees and Remedies that protect consumers when they buy Products in Australia.
2.2. Clouded Visions Products cannot exclude these ACL guarantees under our Warranty and Returns Policy.
2.3. If a Product you purchased from us has a major failure (as defined in the ACL) then you may be entitled to a replacement or a refund.
2.4. If a Product you purchased from us has a failure, which does not constitute a major failure, then you may still be entitled to have them repaired or replaced.
2.5. If there is an inconsistency between these Terms and the ACL, then the ACL will prevail.
2.6. Schedule 2 of the Consumer and Competition Act 2010 (Cth) contains the ACL and the guarantees and the remedies you are entitled to and these are covered under sections 51 - 62 and sections 259 – 265 respectively.
3. Warranty Coverage and Exclusions
This warranty protects the Customer from manufacturing faults and defects, major failures and other issues that are not caused by your actions (or inaction) in respect to our Products.
3.2. Not Covered:
Accidental damage and abuse of the Product; damage caused by you not using the Product correctly or not in accordance with, or contrary to, the manufacturers manuals and/or instructions; using inappropriate consumables not intended for use with the Product and damage resulting from ordinary wear and tear.
3.3. Product Exclusions:
Notwithstanding other terms herein, the following Vaping Products, in accordance with strict health guidelines, are non-returnable, non-exchangeable and non-refundable in respect to Warranty Claims:
a. E-Liquids, Concentrates and other E-Liquid Ingredients:
Clouded Visions uses only the highest grade consumable components and state of the art sealed production facilities to manufacture its own extensive range of e-Liquids, and other branded e-Liquids for Vaping Businesses throughout Australia. However, these are consumable Products and therefore not covered for Warranty Claims.
b. Coils, Wire, Cotton and Wicks:
These are disposable and consumable rated Products and therefore not covered for Warranty Claims.
c. Atomisers, Clearomisers and Tanks:
These are disposable and consumable rated Products and once used are not covered for Warranty Claims.
All rechargeable batteries are rated as consumer Products and from their first use begin to degrade; additionally, the protective wraps on the batteries can be readily damaged from general use. Consequently, they are not covered for Warranty Claims.
e. Dual Replaceable Batteries - USB Port Charging:
Clouded Visions issue a written warning on our Website stating that Customers must not use the USB charging port for recharging, on any device that has dual replaceable rechargeable batteries, due to inequity in the charge each battery receives. This is another reason why batteries are not covered for Warranty Claims.
f. Resin Panels:
Devices that incorporate decorative resin panels are unique and can vary in colour and finish between devices and will even degrade at different rates based on usage; accordingly, these are not covered for returns or for Warranty Claims.
g. USB Ports:
USB ports can be very easily damaged if the cable is inserted incorrectly or movement of the cable occurs during charging or if the cable is left in the unit; accordingly, they are not covered for Warranty Claims.
4. Customer Warranty Troubleshooting
4.1. As with any technology, Vaping hardware is constantly improving and new Products are regularly being released from existing and new manufacturers. The vast range of variables available can sometimes be confusing and frustrating especially for beginners to Vaping and can often result in false Warranty Claims being made by Customers.
Studies have shown across all industries, that a significant percentage of Warranty Claims made prove to be no fault of the Product itself, with user error or misunderstanding the Products features and capabilities being the reason for the claim.
The obvious downside to that outcome is a lot of time is wasted all round and the Customer can incur unexpected costs for testing and shipping. With the above in mind Clouded Visions cannot stress enough the importance of you carrying out your own ‘troubleshooting’ checks before you lodge a Warranty Claim:
a. thoroughly read the Products manual and/or instructions and understand its operation;
b. check that the device is turned on;
c. turn the device off and then back on again;
d. where listed, refer to the links available for the Product on our Website;
f. check that your devices batteries are charged and installed correctly; and
g. do a simple search on Google and You Tube regarding the issue you are experiencing; there are a significant number of very helpful Vaping resources online.
5. Returning Products
Regardless of the type of return (see clauses 6 – 9 inclusive below)
the customer must, in the first instance, complete in full
the online return form (the ‘Warranty & Returns Request’
) at: https://www.cloudedvisions.com.au
, before any return will be considered by Clouded Visions.
5.2. To be eligible for a refund, repair or replacement, you must provide proof of your purchase as a minimum, in addition to other specific Terms defined herein for particular products.
5.3. Unless otherwise determined at our sole discretion, we will pay all refunds in the same form as the original Purchase was made, whether that be cash, credit card or account.
6. Cancellation – Change of Mind – Error
6.1. If you have ordered the wrong item or change your mind, then you can choose to return the item conditional on the following:
b. send the Product back to us, which must be unopened and in its original and undamaged packaging;
c. you will be responsible for the return postage cost;
d. a re-stocking fee of 20%, of the original Purchase Price, will apply; and
e. conditional on clauses 6.1 a. & b. being met, you will be refunded the original Purchase Price less the re-stocking fee.
6.2. If Clouded Visions have shipped the wrong item to you then we will send you the correct item postage free and refund you the postage cost for sending the incorrect item back to us.
7. Defective on Arrival
If you receive a defective item (but not damaged) e.g. doesn’t function at all:
a. It is essential you undertake the troubleshooting steps in section 4 above before completing the online Warranty & Returns Request;
b. complete, in full, the online Return Request at:
c. Clouded Visions will respond back to you by email as to how to send the Product back to us; and
d. you will be responsible for shipping the product back to us (as advised by us) and we will refund that cost to you if we find the item to be defective.
If defective, Clouded Visions will return the repaired or replaced item, postage free, to you. If the item is not defective, then you will be required to pay the postage for us to return the item to you.
8. Products Damaged during Delivery
8.1. In the event that a Product you ordered has been damaged during delivery:
b. take photos of the damage to the packaging and the Product and attach these to the Return Request;
c. Clouded Visions will respond back to you by email as to how to send the Product back to us;
d. you will be responsible for shipping the Product back to us (as advised by us) and we will refund that cost to you; and
e. damaged Products must be returned in the condition in which you received it, along with any packaging relating to the damage.
8.2. Clouded Visions we will either replace the damaged Product with an equivalent Product (including postage) or we will provide you with a refund.
9. Warranty Returns
If, during the warranty period, you believe a Product you have purchased from us is no longer meeting one or more of the guarantees under the ACL, then you may be entitled to a refund, repair or replacement under this Warranty and Returns Policy.
9.1. In the event that you believe this has occurred:
b. Clouded Visions will respond back to you by email as to how to send the Product back to us;
c. you will be responsible for shipping the Product back to us (as advised by us) and we will refund that cost to you, conditional on it being established that the warranty claim is valid;
d. you will be required to provide proof of purchase as in the original email or paper receipt, or sales invoice receipt; and
e. in some instances, you will be required to return the Product in its original packaging as this contains the Products serial number, which manufacturers need photographic proof of to honour warranty claims;
NOTE: where condition e. needs to be met, you will be advised of this requirement by Clouded Visions at the time of Purchase.
9.2. Where it is established, at our sole discretion, that a warranty claim is a legitimate one under the Terms herein, Clouded Visions will honour the claim in accordance with the remedies defined in the ACL.
10. Shipping Costs for Warranty Returns
10.1. Conditional on it being established that a Product you have purchased from us has not met one or more of the guarantees under the ACL or the Terms of this Policy, Clouded Visions will bear the cost of you shipping the product (the ‘Returned Product’) back to us; as well as the cost of shipping any replacement Product back to you.
10.2. Subject to clause 5.1 and at our direction, you will be responsible for organising to send the Returned Product back to us and we will refund you that shipping cost where the return is a valid one.
10.3. If it is established that a Returned Product is not eligible for a repair, replacement or refund under the terms of this Policy (including under the ACL) then the cost you incurred in shipping the Returned Product back to us will not be refunded to you.
10.4. Should the circumstances in clause 10.3 arise, Clouded Visions will contact you to determine if you want the Returned Product shipped back to you. If you choose to have it returned, then you will be required to pay the shipping cost before we despatch it.
11. Response Time
We will determine action on any returns within 14 days of receipt of your Return Request, conditional on the Return Request having been completed in full, this is necessary to ensure we have all the information necessary to make our determination.
12. Warranty Conditions
12.1. Clouded Visions does not accept liability for:
a. any loss or damage suffered, caused by or arising from any failure to use the Product in accordance with the manufacturer’s instructions and its defined purpose; and
b. any indirect, consequential or economic loss or damage however caused by such failure.
12.2. Any Warranty will be immediately void if a Product serial number or compliance plate is removed or defaced, or it is shown that the Product has been serviced and/or repaired by any person, not authorised by Clouded Visions in writing to do so.
12.3. The Customer will bear the onus of proving that the legitimate defect occurred during the Products warranty period and was not as a result of any of the causes excluded from the Warranty.
12.4. Where any parts of a Product or the entire Product need to be replaced under a legitimate Warranty claim, the Warranty on the replacement Product or parts will expire on the same date that the Warranty period on the original Product would have expired.
12.5. Our Products are designed for domestic use only and, where applicable, when connected to an electrical voltage outlet it must meet the specifications listed on the ratings label found on the physical Product and/or its packaging.
12.6. Batteries and any non-defective parts of a Product must be removed by the Customer before returning it to Clouded Visions.
12.7. If a Warranty claim is legitimate and the Product cannot be repaired or is an item that is no longer stocked, or available, Clouded Visions will provide you with a refund or store credit.
12.8. Warranties are not transferable and will be void on resale of any Product.
12.9. The Warranty does not cover Products purchased second hand.
If Clouded Visions management believes the Warranty remedy provided is adequate but you are not satisfied that your ACL rights have been met, then please submit your concerns to firstname.lastname@example.org
and we will respond within 7 days.