By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below.
1.1 These are the terms and conditions on which we supply e-cigarette and related products to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2.1 888 Vapour Limited is a company registered in England and Wales. Our company registration number is 09184542 and our registered office is at 3 Pioneer Way, Lincoln, Lincolnshire, LN6 3DH. Our registered VAT number is 217099892GB.
2.2 You can contact us by telephoning our customer service team at 01522 244880 or by writing to us at 3 Pioneer Way, Lincoln, Lincolnshire, LN6 3DH or emailing us at email@example.com.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. When an order is cancelled, you will receive an email notification regarding this. This might be because the product is out of stock or because we have identified an error in the price or description of the product, or because there is a safety issue or because you are not able to verify that you are at least 18 years of age via our age verification system with 1account.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.#
3.4 We cannot sell some goods within the EU. Due to the Tobacco Products Directive (2014/40/EU) we cannot sell certain electronic cigarette products to consumers resident in countries of the EU. We are however able to sell all of our products to consumers resident in the UK and in non-EU countries. If we are unable to sell to you a certain product we'll notify you of that during the check-out process.
3.5 If you're a resident outside of the UK then it is your responsibility to ensure that the products that you order from us comply with the local laws that apply in your country and to take responsibility for importing the goods into your country. We will have no responsibility for products that are stopped at customs or which do not meet the legislation which applies in your country.
3.6 By law, we cannot sell e-cigarettes or related products to anyone who is under 18 years of age. All customers must verify their age at the time of purchase via our integration with 1account. This process only needs to be completed once, as you will be remembered by the system in the future. In the event that you cannot verify your age via the integration process, you may provide us with a copy of a valid form of ID (passport, driving licence or citizenship card) in order to verify your age manually. If you cannot provide a valid form of identification and cannot verify via 1account, your order will be cancelled and a full refund processed.
4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 The packaging of the product may vary from that shown in images on our website. You may not return the product because the packaging does not match the image shown on our website.
4.3 There are some safety risks associated with using e-cigarettes and we strongly recommend that you read the instructions for your product before you start using it. We cannot be held responsible for injury and/or death caused by the misuse of a product.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
6.1 We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements, for example, where it is necessary to changing packaging or change the design of products to meet changes in the law; and
(b) to implement minor technical adjustments and improvements, for example, to address a safety issue. These changes will not materially affect your use of the product.
7.1 The costs of delivery will be as displayed to you on our website. Please note that delivery times are not guaranteed and delays can arise.
7.2 During the order process, we will let you know when we will provide the products to you. We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Once your order has been processed and dispatched, you will receive a shipment confirmation email with a valid tracking number.
7.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
7.4 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the carrier will leave you a note informing you of how to rearrange delivery or collect the products from their local depot.
7.5 If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot within 14 days the products will be returned to us. Once we receive the products back we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10 will apply.
7.6 The product will be your responsibility from the time we deliver the product to the address you gave us.
7.7 You own the product when we dispatch it to you.
8.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the product you've bought, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back). You can find out more about this process in our Refunds and Returns policy.
(b) If you want to end the contract because of something we have done or have told you we are going to do.
(c) If you have just changed your mind about the product. Please note that if you have changed your mind regarding a product that you have purchased, this can be returned to us for a full refund providing that the product is in an unsealed and unused condition.
8.2 If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that the supply of the products may be significantly delayed because of events outside our control;
(c) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online if you are resident in the UK, you have a legal right to change your mind within 14 days and receive a refund.
8.4 You do not have a right to change your mind in respect of products (e.g. vape kits) sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
8.5 You have 30 days to change your mind after the day you (or someone you nominate) receives the goods unless your goods are split into several deliveries over different days. In this case, you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on 01522 244880 or emailing us at firstname.lastname@example.org. Please provide your name and order number.
9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the goods by posting them back to us at 888 Vapour, 3 Pioneer Way, Lincoln, Lincolnshire, LN6 3DH, and you will be supplied with a pre-paid returns label. Please either include the returns slip or a note with your name and order number or, if you can't find your order number, your name and address and the reason why you're returning the goods. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
(c) if you have received or ordered an incorrect product and would like to return it for an exchange.
9.4 We will refund you the price you paid for the products by the method you used for payment.
9.5 We will make any refunds due to you as soon as possible. Your refund will be made from the date we receive the product back from you as long as the product is sealed and in an unused condition. Payments taken via PayPal are usually refunded immediately, whilst credit and debit card payments can take between 3-5 working days to be processed.
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you.
11.1 If you have any questions or complaints about the product, please contact us. You can do this by telephoning our customer service team at 01522 244880 or emailing us at email@example.com.
11.2 We are under a legal duty to supply products that are in conformity with this contract.
11.3 Any hardware items (vape kits, mods, tanks, batteries) that experience a fault within six months of purchase are covered under warranty. If you experience a fault with a hardware product, we will provide you with a pre-paid returns label. On receipt of the faulty product, this will be inspected to ensure that a fault is present. If the product is deemed as faulty, you will be eligible for an exchange or refund as long as the product is still within the six month warranty period. Please note that a product is not covered under warranty if a fault arises due to product misuse. This does not apply to e-liquid products.
11.4 If you experience a problem with an e-liquid product, please contact our team on 01522 244880 or firstname.lastname@example.org and provide us with your name and order number. In most cases, you will be asked to provide us with the batch number which can usually be found on the bottle cap, bottle label or bottom of the bottle. If an e-liquid is found to be faulty, you will be eligible for a refund or an exchange. Please note that this term does not cover the circumstance where the e-liquid is not to your liking.
12.1 The price of the product (which includes VAT) will be the price indicated on the order page when you placed your order; regardless of the VAT rate applicable for sales to your country. We take all reasonable care to ensure that the price of the product advised to you is correct.
12.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 Despite our best efforts it is possible that some of the products we sell may be incorrectly priced. If the products correct price at your order date is higher than the price stated to you, we will contact you for instructions before we accept your order. If we accept and process any order where a pricing error is obvious and unmistakable, we may refund you any sums you have paid and require the return of goods provided to you.
12.4 We accept payment by credit card (VISA, MasterCard) or debit card (VISA and MasterCard). You must pay for the products before we dispatch them.
12.5 If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
13.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.1 We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.