Terms and Conditions
These Terms of Sale, together with any and all other documents referred to
herein, set out the terms under which Goods are sold by Us to consumers
through this website, https://www.vapesupplies.com (“Our
Site”). Please read these Terms of Sale carefully and ensure that you
understand them before ordering any goods from Our Site. You will be
required to read and accept these Terms of Sale when ordering Goods. If you
do not agree to comply with and be bound by these Terms of Sale, you will
not be able to order Goods through Our Site. These Terms of Sale, as well
as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the
following expressions have the following meanings:
|
“Contract” |
means a contract for the purchase and sale of Goods, as |
|
“Goods” |
means the goods sold by Us through Our Site; |
|
“Goodwill Guarantee” |
means the goodwill guarantee offered by Not Blowing Smoke Limited, a limited |
|
“Order” |
means your order for Goods; |
|
“Order Confirmation” |
means our acceptance and confirmation of your Order; |
|
“Order Number” |
means the reference number for your Order; and |
|
“We/Us/Our” |
means Not Blowing Smoke Limited, a company |
2. Information About Us
2.1 Our Site, https://www.vapesupplies.com, is owned and operated by Not
Blowing Smoke Limited, a limited company registered in England under
10400046, whose registered address is Not Blowing Smoke Limited, 23
Chiltern Drive, Surbiton, Surrey, United Kingdom, KT5 8LP and whose main trading address is Not Blowing Smoke Limited, 21 Church Street, Godalming, Surrey, GU7 1EL
Our VAT number is: GB247624590.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in
order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis.
We may alter, suspend or discontinue Our Site (or any part of it) at any
time and without notice. We will not be liable to you in any way if Our
Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is subject to our Website Terms of Use. Please ensure
that you have read them carefully and that you understand them.
4. Age Restrictions
4.1 Consumers may only purchase Goods through Our Site if they are at least 18 years of age.
4.2 None of the Goods on Our Site may be purchased by anyone under 18 years
of age.
5. Business Customers
These Terms of Sale do not apply to customers purchasing Goods in the
course of business. If you are a business customer, please contact us and
we will provide you with one of our sister companies who can offer B2B
services.
6. International Customers
Please note that we only sell to customers in countries where tobacco
products and nicotine are accepted and considered legal.
7. Goods, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and
graphical representations of Goods available from Us correspond to the
actual Goods. Please note, however, the following:
7.1.1 Images of Goods are for illustrative purposes only. There may be
slight variations in colour between the image of a product and the actual
product sold due to differences in computer displays and lighting
conditions;
7.1.2 Images and/or descriptions of packaging are for illustrative purposes
only, the actual packaging of Goods may vary.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for
mistakes due to negligence on Our part and refers only to minor variations
of the correct Goods, not to different Goods altogether. Please refer to
Clause 11 if you receive incorrect Goods (i.e. Goods that are not as
described).
7.3 Where appropriate, you may be required to select the required size, strength, model, colour, and
quantity of the Goods that you are purchasing.
7.4 We cannot guarantee that Goods will always be available. Stock
indications are provided on Our Site; however such indications are not
guaranteed due to multiple platforms relying on a single stock level.
7.5 Minor changes may, from time to time, be made to certain Goods between
your Order being placed and Us processing that Order and dispatching the
Goods, for example, to reflect changes in relevant laws and regulatory
requirements, or to address particular technical or security issues. Any
such changes will not change any main characteristics of the Goods and will
not normally affect your use of those Goods. However, if any change is made
that would affect your use of the Goods, suitable information will be
provided to you.
7.6 We make all reasonable efforts to ensure that all prices shown on Our
Site are correct at the time of going online. We reserve the right to
change prices and to add, alter, or remove special offers from time to time
and as necessary. All pricing information is reviewed and updated every
month. Changes in price will not affect any order that you have already
placed (please note sub-Clause 7.9 regarding VAT, however).
7.7 All prices are checked by Us before We accept your Order. In the
unlikely event that We have shown incorrect pricing information, We will
contact you in writing to inform you of the mistake. If the correct price
is lower than that shown when you made your Order, we will simply charge
you the lower amount and continue processing your Order. If the correct
price is higher, We will give you the option to purchase the Goods at the
correct price or to cancel your Order (or the affected part of it). We will
not proceed with processing your Order in this case until you respond. If
We do not receive a response from you within 48 hours, We will treat your
Order as cancelled and notify you of this in writing via electronic
communication (email).
7.8 In the event that the price of Goods you have ordered changes between
your Order being placed and Us processing that Order and taking payment,
you will be charged the price shown on Our Site at the time of placing your
Order.
7.9 All prices on Our Site include VAT. If the VAT rate changes between
your Order being placed and Us taking payment, the amount of VAT payable
will be automatically adjusted when taking payment.
7.10 Delivery charges are not included in the price of Goods displayed on
Our Site. For more information on delivery charges, please refer to our
Delivery Information and related charges will be presented to you as part
of the checkout process.
8. Orders – How Contracts Are Formed
8.1 Our Site will guide you through the ordering process. Before submitting
your Order you will be given the opportunity to review your Order and amend
it. Please ensure that you have checked your Order carefully before
submitting it.
8.2 If, during the order process, you provide Us with incorrect or
incomplete information, please contact Us as soon as possible. If We are
unable to process your Order due to incorrect or incomplete information, we
will contact you to ask to correct it. If you do not give us the accurate
or complete information within a reasonable time of Our request, we will
cancel your Order and treat the Contract as being at an end. If We incur
any costs as a result of your incorrect or incomplete information, we may
pass those costs on to you.
8.3 No part of Our Site constitutes a contractual offer capable of
acceptance. Your Order constitutes a contractual offer that We may, at Our
sole discretion, accept. Our acknowledgement of receipt of your Order does
not mean that we have accepted it. Our acceptance is indicated by Us
sending you an Order Confirmation by email. Only once We have sent you an
Order Confirmation will there be a legally binding Contract between Us and
you.
8.4 Order Confirmations shall contain the following information:
8.4.1 Your Order Number;
8.4.2 Confirmation of the Goods ordered including full details of the main
characteristics of those Goods;
8.4.3 Fully itemised pricing for the Goods ordered including, where
appropriate, taxes, delivery and other additional charges;
8.4.4 Estimated delivery date(s);
8.4.5 Please note that not all delivery options are guaranteed.
8.5 In the unlikely event that We do not accept or cannot fulfil your Order
for any reason, We will explain why in writing. No payment will be taken
under normal circumstances. If We have taken payment any such sums will be
refunded to you as soon as possible and in any event within 48 hours.
8.6 Any refunds due under this Clause 8 will be made using the same payment
method that you used when ordering the Goods unless you specifically
request that We make a refund using a different method.
9. Payment
9.1 Payment for Goods and related delivery charges must always be made in
advance and you will be prompted to pay during the order process.
9.2 We accept the following methods of payment on Our Site:
9.2.1 PayPal;
9.2.2 Visa;
9.2.3 Mastercard;
9.2.4 Bitcoin;
9.2.5 Direct Bank Transfer (BACS)
10. Delivery, Risk and Ownership
10.1 All Goods purchased through Our Site will normally be delivered within
5 calendar days after the date of Our Order Confirmation unless otherwise
agreed or specified during the Order process (subject to delays caused by
events outside of Our control, for which see Clause 14).
10.2 If We are unable to deliver the Goods on the delivery date, the
following will apply:
10.2.1 If no one is available at your delivery address to receive the Goods
and the Goods cannot be posted through your letterbox we will leave a
delivery note explaining how to rearrange delivery or where to collect the
Goods;
10.2.2 If you do not collect the Goods or rearrange delivery within the
stated time the Goods will be returned to us and we will contact you to ask
you how you wish to proceed. If we cannot contact you or arrange redelivery
or collection, We will treat the Contract as cancelled and the recovered
goods will be made available for other customers. If this happens, you will
be refunded the purchase price of the Goods themselves, but not the cost of
delivery. We may also bill you for any reasonable additional cost that we
incur in recovering the Goods.
10.3 In the unlikely event that We fail to deliver the Goods within 5
calendar days of Our Order Confirmation (or as otherwise agreed or
specified as under sub-Clause 10.1), if any of the following apply you may
treat the Contract as being at an end immediately:
10.3.1 We have refused to deliver your Goods; or
10.3.2 In light of all relevant circumstances, delivery within that time
period was essential; or
10.3.3 You told Us when ordering the Goods that delivery within that time
period was essential.
10.4 If you do not wish to cancel under sub-Clause 10.3 or if none of the
specified circumstances apply, you may specify a new (reasonable) delivery
date. If We fail to meet the new deadline, you may then treat the Contract
as being at an end.
10.5 You may cancel all or part of your Order under sub-Clauses 10.3 or
10.4 provided that separating the Goods in your Order would not
significantly reduce their value. Any sums that you have already paid for
cancelled Goods and their delivery will be refunded to you within 48 hours.
Please note that if any cancelled Goods are delivered to you, you must
return them to Us or arrange with Us for their collection. In either case,
We will bear the cost of returning the cancelled Goods.
10.6 Delivery shall be deemed complete and the responsibility for the Goods
will pass to you once We have delivered the Goods to the address you have
provided.
10.7 Ownership of the Goods passes to you once we have received payment in
full of all sums due (including any applicable delivery charges).
10.8 Any refunds due under this Clause 10 will be made using the same
payment method that you used when ordering the Goods unless you
specifically request that We make a refund using a different method.
11. Faulty, Damaged or Incorrect Goods
11.1 By law, We must provide goods that are of satisfactory quality, fit
for purpose, as described at the time of purchase, in accordance with any
pre-contract information We have provided, and that match any samples or
models that you have seen or examined (unless We have made you aware of any
differences). If any digital content is included in the Goods, that digital
content must also conform. If any Goods you have purchased do not comply
and, for example, have faults or are damaged when you receive them, or if
you receive incorrect (or incorrectly priced) Goods, please contact Us as
soon as reasonably possible to inform Us of the fault, damage or error, and
to arrange for a refund, repair or replacement. Your available remedies
will be as follows:
11.1.1 Beginning on the day that you receive the Goods (and ownership of
them) you have a 30 calendar day right to reject the Goods and to receive a
full refund if they do not conform as stated above.
11.1.2 If you do not wish to reject the Goods, or if the 30 calendar day
rejection period has expired, you may request a repair of the Goods or a
replacement. We will bear any associated costs and will carry out the
repair or replacement within a reasonable time and without significant
inconvenience to you. In certain circumstances, where a repair or
replacement is impossible or otherwise disproportionate, We may instead
offer you the alternative (i.e. a replacement instead of a repair or vice
versa) or a full refund. If you request a repair or replacement during the
30 calendar day rejection period, that period will be suspended while We
carry out the repair or replacement and will resume on the day that you
receive the replacement or repaired Goods. If less than 7 calendar days
remain out of the original period, it will be extended to 7 calendar days.
11.1.3 If, after a repair or replacement, the Goods still do not conform
(or if We cannot do so as previously described, or have failed to act
within a reasonable time or without significant inconvenience to you), you
may have the right either to keep the Goods at a reduced price, or to
reject them in exchange for a refund.
11.1.4 If you exercise the final right to reject the goods more than six
months after you have received the Goods (and ownership of them), We may
reduce any refund to reflect the use that you have had out of the Goods.
11.1.5 Within a period of six years after you have received the Goods (and
ownership of them), if the Goods do not last a reasonable length of time,
you may be entitled to a partial refund. Please be aware that after six
months have passed since you received the Goods, the burden of proof will
be on you to prove that the defect or non-conformity existed at the time of
delivery.
11.2 Please note that you will not be eligible to claim under this Clause
11 if We informed you of the fault(s), damage or other problems with the
Goods before you purchased them (and it is because of the same issue that
you now wish to return them); if you have purchased the Goods for an
unsuitable purpose that is neither obvious nor made known to Us and the
problem has resulted from your use of the Goods for that purpose; or if the
problem is the result of normal wear and tear, misuse or intentional or
careless damage. Please also note that you may not return Goods to Us under
this Clause 11 merely because you have changed your mind. If you are a
consumer in the European Union you have a legal right to a 14 calendar day
cooling-off period within which you can return Goods for this reason.
Please refer to Clause 12 for more details.
11.3 To return Goods to Us for any reason under this Clause 11, please
visit the returns page on Our Site to complete a returns form or please
contact Us to arrange for a collection and return. We will be fully
responsible for the costs of returning Goods under this Clause 11 and will
reimburse you where appropriate.
11.4 Refunds (whether full or partial, including reductions in price) under
this Clause 11 will be issued within 14 calendar days of the day on which
We agree that you are entitled to the refund.
11.5 Any and all refunds issued under this Clause 11 will include all
delivery costs paid by you when the Goods were originally purchased.
11.6 Refunds under this Clause 11 will be made using the same payment
method that you used when ordering the Goods unless you specifically
request that We make a refund using a different method.
11.7 For further information on your rights as a consumer, please contact
your local Citizens’ Advice Bureau or Trading Standards Office.
12. Cancelling and Returning Goods if You Change Your Mind
12.1 If you are a consumer in the European Union, you have a legal right to
a “cooling-off” period within which you can cancel the Contract for any
reason. This period begins once your Order is complete and We have sent you
your Order Confirmation, i.e. when the Contract between you and Us is
formed. You may also cancel for any reason before We send the Order
Confirmation.
12.1.1 If the Goods are being delivered to you in a single instalment
(whether single or multiple items), the legal cooling-off period ends 14
calendar days after the day on which you (or someone you nominate)
receive(s) the Goods.
12.1.2 If the Goods are being delivered in separate instalments on separate
days, the legal cooling-off period ends 14 calendar days after the day on
which you (or someone you nominate) receive(s) the final instalment of
Goods.
12.2 If you wish to exercise your right to cancel under this Clause 12, you
must inform Us of your decision within the cooling-off period. You may do
so in any way you wish. Cancellation by email or by post is effective from
the date on which you send Us your message. Please note that the
cooling-off period lasts for whole calendar days. If, for example, you send
Us an email or letter by 23:59:59 on the final day of the cooling-off
period, your cancellation will be valid and accepted. If you would prefer
to contact Us directly to cancel, please provide us with your name,
address, email address, telephone number, and Order Number.
12.3 We may ask you why you have chosen to cancel and may use any answers
you provide to improve Our Goods and services, however please note that you
are under no obligation to provide any details if you do not wish to.
12.4 Please note that you may lose your legal right to cancel under this
Clause 12 in the following circumstances:
12.4.1 If the Goods are sealed for health or hygiene reasons and you have
unsealed those Goods after receiving them;
12.4.2 If the Goods have been inseparably mixed with
other items (according to their nature) after you have received them.
12.5 Please ensure that you return Goods to Us no more than 14 calendar
days after the day on which you have informed Us that you wish to cancel
under this Clause 12.
12.6 You may request that We collect the Goods from you. Please ensure that
the Goods are ready for collection at the agreed time and location. We will
discuss any incurred costs with you before arrangements are made.
12.7 You may return Goods to Us in person during Our business hours at any
of our retail locations by post or another suitable delivery service of
your choice to Our returns address. Please visit the returns page on Our
Site to complete a returns form or please contact Us to
arrange for a collection and return. Please note that you must bear the
costs of returning Goods to Us if cancelling under this Clause 12. We will
also charge you the direct cost to Us of collection if you request that We
collect the Goods from you. The cost of returning Goods to Us should not
normally exceed the cost of having them originally delivered to you if you
use the same carrier.
12.8 Refunds under this Clause 12 will be issued to you within 14 calendar
days of the following:
12.8.1 The day on which We receive the Goods back; or
12.8.2 The day on which you inform Us (supplying evidence) that you have
sent the Goods back (if this is earlier than the day under sub-Clause
12.9.1); or
12.8.3 If We are collecting the Goods under sub-Clause 12.7, the day on
which you inform Us that you wish to cancel the Contract;
12.8.4 If We have not yet provided an Order Confirmation or have not yet
dispatched the Goods, the day on which you inform Us that you wish to
cancel the Contract.
12.9 Refunds under this Clause 12 may be subject to deductions in the
following circumstances:
12.9.1 Refunds may be reduced for any diminished value in the Goods
resulting from your excessive handling of them (e.g. no more than would be
permitted in a shop). Please note that if We issue a refund before We have
received the Goods and have had a chance to inspect them, We may
subsequently charge you an appropriate sum if We find that the Goods have
been handled excessively.
12.9.2 Standard delivery charges will be reimbursed in full as part of your
refund. Please note, however, that We cannot reimburse for premium
delivery. We will only reimburse the equivalent standard delivery costs
when issuing refunds under this Clause 12.
12.10 Refunds under this Clause 12 will be made using the same payment
method that you used when ordering the Goods unless you specifically
request that We make a refund using a different method.
13. Our Liability to Consumers
13.1 We will be responsible for any foreseeable loss or damage that you may
suffer as a result of Our breach of these Terms of Sale (or the Contract)
or as a result of Our negligence. Loss or damage is foreseeable if it is an
obvious consequence of Our breach or negligence or if it is contemplated by
you and Us when the Contract is created. We will not be responsible for any
loss or damage that is not foreseeable.
13.2 We only supply goods for domestic and private use by consumers. We
make no warranty or representation that the Goods are fit for commercial,
business or industrial use of any kind (including resale). We will not be
liable to you for any loss of profit, loss of business, interruption to
business, or for any loss of business opportunity.
13.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability
for death or personal injury caused by Our negligence (including that of
Our employees, agents or sub-contractors); or for fraud or fraudulent
misrepresentation.
13.4 Nothing in these Terms of Sale seeks to exclude or limit your legal
rights as a consumer. For more details of your legal rights, please refer
to your local Citizens Advice Bureau or Trading Standards Office.
14. Events Outside of Our Control (Force Majeure)
14.1 We will not be liable for any failure or delay in performing Our
obligations where that failure or delay results from any cause that is
beyond Our reasonable control. Such causes include, but are not limited to:
power failure, internet service provider failure, strikes, lock-outs or
other industrial action by third parties, riots and other civil unrest,
fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism
(threatened or actual), acts of war (declared, undeclared, threatened,
actual or preparations for war), epidemic or other natural disaster, or any
other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to
adversely affect Our performance of any of Our obligations under these
Terms of Sale:
14.2.1 We will inform you as soon as is reasonably possible;
14.2.2 We will take all reasonable steps to minimise the delay;
14.2.3 To the extent that we cannot minimise the delay, Our affected
obligations under these Terms of Sale (and therefore the Contract) will be
suspended and any time limits that We are bound by will be extended
accordingly;
14.2.4 We will inform you when the event outside of Our control is over and
provide details of any new dates, times or availability of Goods as
necessary;
15. Communication and Contact Details
15.1 If you wish to contact Us with general questions or complaints, you
may contact Us by telephone, email or by post.
15.2 For matters relating the Goods or your Order, please contact Us by
telephone, email or by post.
15.3 For matters relating to cancellations, please contact Us by telephone,
email or by post.
16. Complaints and Feedback
16.1 We always welcome feedback from Our customers and, whilst We always
use all reasonable endeavours to ensure that your experience as a customer
of Ours is a positive one, We nevertheless want to hear from you if you
have any cause for complaint.
16.2 All complaints are handled in accordance with Our complaints handling
policy and procedure respectively.
16.3 If you wish to complain about any aspect of your dealings with Us,
please contact Us in one of the following ways:
16.3.1 In writing by post.
16.3.2 Email through our support desk
16.3.3 By telephone.
17. How We Use Your Personal Information (Data Protection)
17.1 All personal information that We may collect (including, but not
limited to, your name, address and telephone number) will be collected,
used and held in accordance with the provisions of the Data Protection Act
1998 and your rights under that Act.
17.2 We may use your personal information to:
17.2.1 Provide Our Goods and services to you;
17.2.2 Process your Order (including payment) for the Goods; and
17.2.3 Inform you of new products and/or services available from Us (if you
opt or have previously opted to receive it). You may request that We stop
sending you this information at any time.
17.3 In certain circumstances (if, for example, you wish to purchase Goods
on credit), and with your consent, We may pass your personal information on
to credit reference agencies. These agencies are also bound by the Data
Protection Act 1998 and should use and hold your personal information
accordingly.
17.4 We will not pass on your personal information to any third parties
without first obtaining your express permission.
18. Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms
of Sale (and under the Contract, as applicable) to a third party (this may
happen, for example, if We sell Our business). If this occurs, you will be
informed by Us in writing. Your rights under these Terms of Sale will not
be affected and Our obligations under these Terms of Sale will be
transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these
Terms of Sale (and under the Contract, as applicable) without Our express
written permission.
18.3 The Contract is between you and Us. It is not intended to benefit any
other person or third party in any way and no such person or party will be
entitled to enforce any provision of these Terms of Sale
18.4 If any of the provisions of these Terms of Sale are found to be
unlawful, invalid or otherwise unenforceable by any court or other
authority, that / those provision(s) shall be deemed severed from the
remainder of these Terms of Sale. The remainder of these Terms of Sale
shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these
Terms of Sale means that We have waived that right, and no waiver by Us of
a breach of any provision of these Terms of Sale means that We will waive
any subsequent breach of the same or any other provision.
18.6 We may revise these Terms of Sale from time to time in response to
changes in relevant laws and other regulatory requirements. If We change
these Terms of Sale as they relate to your Order, We will give you
reasonable advance notice of the changes and provide details of how to
cancel if you are not happy with them. If you do opt to cancel, you must
return any affected Goods you have already received and we will arrange for
a full refund (including delivery charges) which will be paid within 7 of
your cancellation.
19. Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us
(whether contractual or otherwise) shall be governed by and construed in
accordance with the law of England & Wales.
19.2 If you are a consumer, you will benefit from any mandatory provisions
of the law in your country of residence. Nothing in Sub-Clause 19.1 above
takes away or reduces your rights as a consumer to rely on those
provisions.
19.3 If you are a consumer, any dispute, controversy, proceedings or claim
between you and Us relating to these Terms and Conditions, or the
relationship between you and Us (whether contractual or otherwise) shall be
subject to the jurisdiction of the courts of England, Wales, Scotland, or
Northern Ireland, as determined by your residency.
19.4 If you are a business, any disputes concerning these Terms and
Conditions, the relationship between you and Us, or any matters arising
therefrom or associated therewith (whether contractual or otherwise) shall
be subject to the exclusive jurisdiction of the courts of England &
Wales.
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