Terms and Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
Safety Warning: Where stated, all of our electronic cigarette and vaping products contain nicotine, which is highly addictive. They are not medical devices and make no claim to aid anyone in the cessation of smoking real tobacco. The effects of nicotine are stimulation, a feeling of relaxation, calmness, and alertness. These effects can last from minutes to hours, and nicotine is considered habit-forming and addictive. We strongly advise against using any of these products if you come under any of the following categories:
- A non-smoker
- Of ill or poor health
- These Terms and Conditions will apply to the purchase of goods by you (the Customer or you). We are Wharfdale Strauss Ltd whose trading name is Electric Vaping a company registered in England and Wales under number 09342600 whose registered office is at 3 Forge House, Summerleys Road, Princes Risborough, England, HP27 9DT with email address firstname.lastname@example.org (the Supplier or us or we.)
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
- You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Eligibility/Age of Consent: You must be over 18 years old to be able to buy anything from this website. Proof may be required at the checkout stage. We reserve the right to cancel any sales transaction where it reasonably believes the purchaser is purchasing products on behalf of a minor, based on our discretion.
- Due to the age restrictions for use of this website, no information obtained falls within the Child Online Privacy Act (COPA) and is not monitored as doing so.
- We are not a pharmaceutical company and we do not manufacture, produce or sell medicinal products. We recommend consulting with your own licensed physician before using any herbal vaporizer or ingesting any product on this site.
- You warrant that: The products purchased on this site are for private and domestic use only and are not for re-sale
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for the future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods mean the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Website means our website www.example.com on which the Goods are advertised.
- The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- The content of this website, including prices, is subject to change without notice.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- All prices are checked by us before we accept your Order. In the unlikely event that we have shown incorrect pricing, we will contact you via electronic communication (email) 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).
- Protecting Your Security: To ensure that your credit, debit or charge card is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
- It is your sole responsibility to ensure that your User ID and password for your account is kept confidential and in circumstances’ outside the control of us. You agree and are bound by all and any activity performed under your account. It is within our discretion to reserve the right to refuse service, terminate your account and cancel any orders at any time without notice or explanation.
Basis of Sale
- The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail and you will have the option either to wait until the item is available from stock or to cancel your order.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation.) You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all formation in it (ie the Order Confirmation.) You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied Under the Contract.
- Any quotation is valid for a maximum period of 30 days from its date unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- Cooling Off Period: We abide by the Distance Selling Act (2000). If once you have purchased items from us, you decide you no longer want them, then you have 28 calendar days in which to return them and we will refund them in full within 28 days of the cancellation date as long as the packaging remains unopened. This excludes e-liquids, disposables and clearomizers.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
- The price of Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
- We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into. Most orders are processed by 3 pm each day. All items are shipped using Royal Mail and as per their guidelines please allow up to seven working days for your order to arrive - most items arrive within 48 hours. If Royal Mail cannot deliver the package to you at the address you provided, it is your responsibility to pick up the package at the local post office or to call Royal Mail and have it re-routed. If a package has been recorded to be delivered by the Royal Mail, a replacement cannot be sent out.Delivery will be sent out via Royal Mail. We recommend Special Delivery for all items or orders of a high value. Some high-value items on our website will only be despatched using this method and this is for the protection of the customer. Please see the Royal Mail website at www.royalmail.com for terms and conditions. Royal Mail will allow compensation up to £20 for 1st Class Post, £50 for 1st Class Signed For and £500 for Special Delivery.Royal Mail Signed For and Royal Mail Special Delivery require a signature to confirm receipt. If a signature cannot be obtained, Royal Mail will leave a card for you telling you where it is.Royal Mail 1st Class post aims to deliver the next working day, however, all delivery timescales are approximate and subject to availability. Check out the Royal Mail website for delayed items as waiting days are part of their terms and conditions before any claims can be considered.
- We cannot be held responsible for the non-delivery of items when using mail forwarding services.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if;
- We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order of any Goods or rejecting Goods that have been delivered and, if you do this, we will *in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the goods have been delivered, you must return them to us allow or allow us to collect them from you and we will pay the costs of this.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provision and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
- You hereby take full responsibility for the use of your product. There are small pieces in the equipment sold and can be choking hazards. Further, the components can become very hot if used excessively or left in an open environment and if not used with care can burn skin. We are not responsible for any harm, loss, or allergic reaction that maybe be caused by your use of the product products sold by us. Users should store and handle these items with care. We advise vapers not to store their equipment with metallic, magnetized or electronic transmitting devices such as keys or mobile phones, therefore extending the lifespan of functional use. Purchasers should be aware that our batteries and atomizers, although made to the highest quality, are functional devices, which will fail and degrade over a period of time dependent on usage.
- Most hardware comes with a 28-day parts warranty unless stated otherwise in the manual. The batteries and tanks contained in each kit have a 30-day parts warranty. The chargers have a 12-month warranty, which covers the component parts; this does not cover damaged wiring or improper use. We are not responsible for any damage through improper use or builds. It is the user’s responsibility to ensure they have significant knowledge of coil resistance. All replacement atomizer heads are sold as single-use disposable items and are covered by our DOA (dead on arrival) warranty. This means, that from the date of receipt the buyer has 48 hours to ensure the goods are in good working order and report any faults. Any replacement parts are warranted from the date of delivery of the original order. The warranty clause does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) failure by you to operate or use the Products in accordance with the user instructions;
(d) failure by you to carry normal maintenance of the Products including regular cleaning of components and connectors;
(e) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(f) any specification provided by you.This warranty is in addition to and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. We reserve the right to refuse any exchange request that does not substantially meet the warranty requirements.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- Address Changes: If you place an order on Electric Vaping and decide you want to change the address, you must notify us immediately. We are not able to offer any refunds for packages addressed to the incorrect address.
- You can cancel the Contract for any Goods, which are made to your special requirements the (Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price of those Goods which have been paid for in advance, but we can retain any spate deliver charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
- This is a distance contract (as defined below) that has cancellation rights (Cancellation Rights) as set out below. These Cancellation Rights, however, do not apply, to a contract of the following goods (with no others) in the following circumstances:
- Goods that are made to your specifications or are clearly personalised;
- Goods that are liable to deteriorate or expire rapidly
- Also, the Cancellation Rights for a Contract cease to be available in the following circumstances;
- In the case of any sales contract, if the goods become mixed inseparable (according to their nature) with other items after a delivery
Rights to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over (ie subscriptions), the right to cancel will be 14 days after the first delivery.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- You can electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website Electric Vaping. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period.
- Except as set you below, if you cancel this Contact we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us.)
Deduction for Goods supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods; eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Badgemore End, Badgemore, Henley-On-Thames, Oxon, RG9 4NR without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- If an e-liquid has been opened we cannot accept the return of the item for health and safety reasons.
- For the purposes of these Cancellation Rights, these words have the following meanings;
- Distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
- Sales contract means a contract under which a trader transfers or agrees to transfer the owners of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
RESPONSIBILITY FOR YOUR OWN PRODUCT USE
- You hereby take full responsibility for the use of your Electric Vaping product. The Electric Vaping cartomizer refills contain pharmaceutical grade nicotine, propylene glycol, vegetable glycerin and flavourings. Propylene glycol is a water-based ingredient found in many health products and medicines. You should consult a doctor before using Electric Vaping products. Each cartridge refill contains nicotine. The effects of nicotine are stimulation, a feeling of relaxation, calmness, and alertness. These effects can last from minutes to hours, and nicotine is considered habit-forming and addictive. The carcinogenic properties of nicotine in a standalone form, separated from tobacco smoke, have not been evaluated by the International Agency for Research on Cancer/IARC. The Electric Vaping cartomizer refills are small pieces and can be choking hazards. Further, the components can become very hot if used excessively or left in an open environment and if not used with care can burn skin. Electric Vaping is not responsible for any harm, loss, or allergic reaction that maybe be caused by your use of the product products sold by Electric Vaping.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- Be of satisfactory quality;
- Be reasonably fit for any particular purpose for which you buy the Goods, which, before the Contract is made, you made known to use (unless you do not actually rely, or it is unreasonable for you to rely, on ours kill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
- Conform to their description
- It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- The party will advise the other party as soon as reasonably practicable; and
- The party’s obligations will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing Goods to you.
- Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- We will only Process Personal Data for the purposes identified;
- We will respect your rights in relation to your Personal Data; and;
- We will implement technical and organisational measures to ensure your Personal Data is secure.
- For enquiries or complaints regarding data privacy, you can contact at the following email address email@example.com.
- If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
- The Supplier does not exclude liability for:
- Any fraudulent act or omission, or
- For death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to bother parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
- If you breach our terms and conditions in any way, we have the right to undergo take action as deemed appropriate and at any time may deny you access to our website by necessary means and/or bring court proceedings and legal action against you. Our terms and conditions are for the benefit of both parties but are not intended to benefit third party associations or be enforceable by any third party. Our relation to these terms and conditions is not subject to the consent of any third party. We may suspend or terminate this Agreement or a member’s account at any time and immediately if we believe there has been fraudulent activity has been used on our website.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland, Northern Ireland in the courts of respectively Scotland or Northern Ireland.
To cancel your contract of sale of goods please email firstname.lastname@example.org