TERMS AND CONDITIONS OF WEBSITE USE AND SALE OF PRODUCTS ON THE NOW VAPING WEBSITE
The Website now-vaping.co.uk is owned and operated by Now Vaping, 9 Haigh Hall Road, Bradford, BD10 9BA
You should print a copy of these terms and conditions for future reference. They, and any contract between us, are only available in the English language. We will not file a copy of any contract between us.
When certain words and phrases are used in these terms and conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the terms and conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to "we", "us" or "our", we mean Now Vaping. Where we refer to "you" or "your" we mean you, the person using the Website.
You represent that you are an adult of the age of 18 years or older and are agreeing to and accepting these terms and conditions. Otherwise, you are prohibited from accessing and using this Website and any of its functions, products or services, including the purchase of our Products.
(4) LICENSE TO USE WEBSITE
Unless it is otherwise noted or stated, We and/or Our licensors: (i) own and operate the Website; and (ii) own the intellectual property rights in and to the Website and all the material contained on the Website (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same). The rights in the Website and the content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All rights are reserved.
Pages from the Website can be viewed and printed for personal use only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not:
Our status (and that of any identified contributors) as the authors of content and materials on our Website must always be acknowledged.
(5) ACCEPTABLE USE
When using and accessing our Website you shall not cause damage, or deny or prohibit accessibility to the Website in any way that is unlawful or illegal. Any instance of fraudulent or harmful behaviour is strictly prohibited. Using and accessing our Website in order to copy, store, host, transmit, send, use, publish or distribute material that could be considered damaging to computer software is prohibited in all forms. You may not conduct or perform any systematic or automated data collections in relation to our Website. Unsolicited transmission of commercial communications by you is prohibited.
(6) YOUR ACCOUNT
It is your sole responsibility to ensure that your User ID and password for your account are kept confidential. You must not disclose these details to any third parties. You agree to and are bound by these terms and conditions which cover any activity that is performed under your account.
If we suspect or have any evidence of misuse of your account, it is within Our discretion to reserve the right to refuse to service your account and we may terminate your account, your use of Our Website and cancel your order(s) at any time without notice or explanation. In the event of an order cancellation initiated by Us, any sums already paid by you will be promptly refunded to the payment method used to place your order.
If you know or suspect that anyone other than you knows your User ID or password, you must promptly notify us at now-vaping.co.uk.
(7) USER GENERATED CONTENT
Should you submit any written material, images, videos, communications or any other content to Our Website (“Content”) for any purpose you shall do so in accordance with these terms and conditions. You will ensure that any such Content complies with these standards. You will be responsible for any loss or damage we suffer as a result of your breach of this section.
By uploading Content to Our Website, you are granting us a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, translate, distribute and publish the Content for existing or future commercial purposes. You also grant us the right to sub-license this Content. Examples of the kind of Content that will be covered by this licence include (but are not limited to) customer testimonials, reviews and photographs. Please be advised that this licence is not applicable to any personal information you submit, such as your home address, email address or payment details.
The Content you submit to Our Website, excluding the aforementioned personal information, will be considered by Us to be non-confidential and non-proprietary, unless previously stated, and We may pass or share such Content to third parties. You must not submit any Content that is: (i) illegal, unlawful, defamatory, offensive, abusive, indecent, obscene or menacing; and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right. You will ensure that any Content submitted, posted or uploaded by you does not infringe any third party intellectual property rights.
We will not be responsible or liable to any third party for the content or accuracy of any Content submitted, posted or uploaded by you or any other user of our Website.
We have the right to remove any Content from our Website if, in our sole opinion, the Content does not comply with our acceptable use terms or any other terms set out in these terms and conditions.
(8) OUR CONTRACT WITH YOU
When you submit an order to Us by clicking the “CHECKOUT” button on the checkout page, this does not mean we have accepted your order for the Our Product(s). Our acceptance of the order will take place as described below. If we are unable to supply you with the Our Product(s), We will inform you of this and We will not process your order.
The terms and conditions for sale of Our Products will become binding on you and Us when you are issued with a dispatch confirmation email (from Us or one of Our third party service providers) (“the Dispatch Confirmation”) which is your confirmation that We are able to provide you with the Our Products, at which point a contract will come into existence between you and Us.
We shall assign an order number to your order and inform you of it when We confirm the order. Please quote the order number in all subsequent correspondence with Us relating to the order.
(9) RETURNING FOR REFUND
You have a legal right to cancel an order for items sold on Our Website during the Cooling Off Period set out below. This means that, during the Cooling Off Period, if you change your mind or for any other reason you decide you do not want to keep Our Product, you can notify Us of your decision to cancel the order and you are entitled to a full refund of the purchase price of any unopened, saleable, and unused Products purchased within this time period. We will process the refund due to you within fourteen days of receiving the Products back, but in any case, in accordance with your consumer rights. Your legal right to cancel will end fourteen (14) calendar days from the date that the Products are delivered* to you (the "Cooling Off Period").
To be eligible for a refund you MUST report your request to our Customer Services Team within the Cooling Off Period. You may wish to keep a copy of your cancellation notification for your own records. If you send Us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent Us the e-mail or posted the letter to Us. If you call Us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
Upon submitting an eligible request to return items, Our Customer Services Team will provide you with instructions on how to proceed. If we do not receive the package and the cancelled order from you, we will arrange for them to be collected from you at your cost. For full details please contact our Customer Services Team. Return Postage Costs are at the responsibility and at the cost of the customer and we are unable to collect items for return or refund postage costs.
With the exception of faulty or mis-described goods, requests for a refund made after the Cooling Off Period (for the purchase price and delivery costs of any Products) will be denied.
As a consumer, you have legal rights in relation to Our Products that are faulty or not as described. Nothing in these terms and conditions will affect these legal rights. If you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full, along with any applicable delivery charges and any reasonable costs you incur in returning Our Products to us, as long as the issue has been reported as soon as it is noticed and the faulty Products are within their warranties.
We reserves the right to refuse any refund request that does not substantially meet our requirements as stated in our terms and conditions.
*For tracked items, this will be the day that the tracking states “delivered” on the relevant postal carrier’s website.
(10) 12 MONTHS AND 30 DAY LIMITED WARRANTIES & RETURNING FOR REPLACEMENT
Except as expressly stated below, we do not give any representation, warranty or undertaking in relation to the Our Products. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that Our Products are suitable for your purposes.
In the event of demonstrable defects in the workmanship or materials, Our Products are warranted as follows:
If Our Products are used with any product from any different electronic cigarette supplier, specifically where Our battery is used with another charger, or if it has been modified or tampered with then Our warranty will be void. Warranties will also be void if Our Products have not been used by you within their given usage instructions, and without due care by you.
Should you wish to return a Product carrying a warranty (as outlined above) due to fault or defect, you must contact our Customer Services Team as soon as the fault is found. Failure to do so or continued use of an item that is known to be faulty will void your right to a replacement.
All exchanges and replacements require a complete Returned Merchandise Authorisation form (“RMA”) which can be obtained from our Customer Services Team. Returned Warranty Items must be received within fourteen (14) calendar days of the submission of your RMA form. Failure to return Warranty Items within this period will void your right to exchanges and returns in any future instances.
We reserves the right to refuse any exchange request that does not substantially meet our requirements or terms and conditions.
The warranties set out above are only applicable to Our Products purchased on Our Website. Any of Our Products purchased at other locations or websites are not covered by any warranty.
This warranty is in addition to your legal rights in relation to Our 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.
* For tracked items, this will be the date that the tracking information shows as "delivered" on the relevant postal carrier’s website.
(11) LIMITATION OF LIABILITY FOR OUR PRODUCTS
If, in providing Our Products to you, we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using this Website.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
(12) BREACHES OF TERMS AND CONDITIONS
If you breach Our terms and conditions in any way, we have the right to undergo or 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 you and Us but are not intended to benefit third party associations or be enforceable by any third party. We may suspend or terminate a member's account at any time and immediately if we believe there has been fraudulent activity on our Website.
(13) WEBSITE MODIFICATIONS AND REVISIONS
We have the right to change, modify or revise Our Website at any time without prior notification. By using Our Website, you agree to be bound by any changes, modifications and revisions. We suggest that you review this page regularly in order to be fully aware of our up-to-date terms and conditions.
(14) NO RELIANCE ON INFORMATION
The content on Our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
The images of the Our Products on Our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Our Products. Products may vary slightly from those images.
The packaging of the Our Products may vary from that shown on images on our Website.
(15) LIABILITY FOR THE WEBSITE
We do not warrant or guarantee the accuracy or completeness of all or any information published on the Website. We also do not warrant or guarantee that the Website will remain available at all times or that content is kept up to date or that it will be secure or free from bugs or viruses. To the absolute maximum permitted under applicable law, We exclude all representations, warranties, conditions or other terms (express or implied) that relate to or may apply to the Website and the use of Our Website.
We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be responsible for any loss or damage that may arise from your use of them.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it. We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with your: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability which cannot be limited by law.
Different limitations and exclusions of liability will apply to liability arising as a result of our supply of Products to you (as set out in section 11).
Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(16) RESPONSIBILITY FOR YOUR OWN PRODUCT USE
You hereby take full responsibility for the use of Our Products. Our cartridges and e-liquids contain USP (pharmaceutical) grade nicotine and USP grade propylene glycol, as well as natural and artificial flavourings.
You should consult a doctor before using Our Products. Our Products are not to be used by persons under the age of 18, pregnant or breast-feeding women or persons in ill health. Electronic cigarettes contain nicotine, which is an addictive drug. If you are unsure of the effects of nicotine, please consult your doctor.
Each cartridge refill and e-liquid contains nicotine. Nicotine can be toxic if swallowed or if it comes into contact with skin (in certain doses). The battery, vapourisor, cartomizer, atomizer, e-liquid and other products we sell are small pieces and can be choking hazards. All Our Products should be kept well out of the reach of children and pets. Subject to our liability provisions outlined above, we are not responsible for any harm, loss, or allergic reaction that maybe be caused by your use of the Our Products.
Any of Our Product purchased from the Website are for individual use only. We do not authorise re-selling of Our Products in any other store or website without our prior express consent under contract. Individuals who are found to be re-selling Our Products without such consent may have legal proceedings brought against them.
(17) SHIPPING POLICY
We ship all orders placed for UK delivery addresses or international orders through Royal Mail, (or other carriers when necessary) with tracking on the delivery. Provided we reasonably accept that the Our Products were damaged during delivery you will be entitled to a full refund should this occur, including the cost of return.
If tracking is available on your order, we strongly encourage you to track your delivery with the relevant postal carrier using your tracking information which can be found on our dispatch confirmation to ensure Our Product is en route to you. You should also use this tracking information to investigate any suspected loss of Our Products during the shipping process. Any of Our Products will only be confirmed as lost once the relevant postal carrier has registered the item as lost.
For orders where tracking is provided, if the postal carrier 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 depot or to call/contact them and have it re-routed. Once a package is shown in tracking as being successfully delivered, we cannot process or re-ship replacements unless you can provide us with written evidence of non-receipt of Our Products.
If our postal carrier is unable to deliver to your address or if you are not in to sign for the delivery and do not arrange re-delivery with the postal carrier or pick up from their local depot and the order is returned to us via the postal carrier we will refund your order value minus the costs of our postage and packaging and a restocking fee of 10%.
Orders being shipped to an address outside of the United Kingdom deliveries are made via Royal Mail International Signed For. It can take up to fifteen (15) business days (from date of dispatch) to receive your order. Should you not receive your items in this time frame, you have a right to cancel your order or arrange for a replacement.
Cancellations and Address Changes: If you place an order on the Website and decide you want to cancel the order or change the address, you must notify our Customer Services Team immediately, where we will endeavour to resolve the issue. However, due to the nature of our shipping processes, cancellations outside the Cooling Off Period and address changes cannot always be guaranteed.
If it is not possible to alter the address or cancel the order before it has been processed, we will endeavour to recover the order and find a suitable resolution.
Packages shipped outside of the United Kingdom may incur extra duty charges. We are not responsible for any sales taxes, customs duties or other taxes charged by any customs department. To avoid any unexpected charges, please contact the customs organisation in your home country, regarding these policies. You must comply with all applicable laws and regulations of the country for which the Our Products are destined. We will not be liable or responsible if you break any such law.
Our delivery charges are set out on our Payment and Delivery Information page and you can calculate the actual cost on the Shopping Cart page.
(18) PRICES AND HOW TO PAY
The prices of the Our Products will be as quoted on our Website from time to time. We use our best efforts to ensure that the prices of Our Products are correct at the time when the relevant information was entered onto the system. All Our Products shown on our Website are subject to availability.
Prices for Our Products may change from time to time but changes will not affect any order which we have confirmed with a Dispatch Confirmation email.
The price of Our Products does not include delivery charges. Our delivery charges are as quoted on our Website from time to time. To check relevant delivery charges, please refer to our Delivery and Payments Information page.
You can only pay for Our Products Via PayPal using a debit card or credit card or your PayPal Account.
Payment for Our Products and all applicable delivery charges are payable in advance and before your order is dispatched.
Our Website contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of Our Products you have ordered we will inform you in writing (including by email) of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing (including by email). Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide Our Products to you at the incorrect (lower) price.
(19) PROMOTIONS, SPECIAL OFFERS & PROMOTIONAL CODES
All promotions, special offers and promotional codes (hereafter referred to as "offers") are subject to these terms and conditions. Unless specified otherwise, all offers are subject to the following terms and conditions:
We reserves the right to withdraw offers at any time with no prior warning or notification, however such withdrawal will not affect any order which we have confirmed with a Dispatch Confirmation email.
(20) EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an 'Event Outside Our Control' (as defined below).
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under these terms and conditions:
(21) APPLICABLE LAW
Please note that these terms and conditions (and any document referred to in these terms and conditions), their subject matter and formation, are governed by English law. This means a contract for the purchase of Our Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. If you access this Website from locations outside the UK, you are responsible for complying with all applicable local laws.
(22) OTHER IMPORTANT INFORMATION
We may transfer our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights or our obligations under these terms and conditions.
You may only transfer your rights and obligations under these terms and conditions to another person if we agree in writing. However, if you have purchased one of Our Products as a gift, you may transfer the benefit of our warranty in section 10 to the recipient of the gift without needing to ask for our consent.
These terms and conditions are between you and us. No other person shall have any rights to enforce any of the terms.
Each of the sections of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.