TERMS AND CONDITIONS
These Terms and Conditions apply to the use of the Vapour Days website (the “Website”) and any orders placed through the Website.
These Terms and Conditions affect your legal liabilities. By ordering from Vapour Days, you accept the Terms and Conditions.
1.1 The Website is owned and operated by Vapour Days. Our VAT number is 205911923 and registered office address is Union Gallery 6, Middle Floor, The Galleries Shopping Centre, Bristol, BS1 3XD.
1.2 No permission is given to copy the Website or any contents of the Website for any use without our prior written agreement.
1.3 No permission is granted to you to use any trademark whether registered or unregistered of Vapour Days or Cherub.
On the Website, we sell products for purchase only by people aged 18 or over. It is illegal to buy electronic cigarettes or e-liquids under the age of 18 or on behalf of any person under the age of 18. By using the Website you agree you are aged 18 or over.
3.1 Whilst we take care to ensure the information on this Website is accurate, you are recommended to verify the accuracy of any information before placing reliance on it.
3.2 Errors, interruptions or delays may occur in the Website service at any time. We do not accept liability from any inaccuracy or omission in any of the information contained on the Website or interruption in availability. If a fault occurs in the Website service, plaease report it to Vapour Days by emailing firstname.lastname@example.org and we will correct the fault as soon as possible.
4.1 Each discount, coupon or other offer on the Website shall be subject to its own express terms and each offer will be subject to availability. Your statutory rights are not affected.
4.2 Coupons, discounts and promotional discount codes offered in Vapour Days stores are valid only for use as part of a purchase made in Vapour Days stores, unless otherwise stated.
5.1 All orders placed through the Website will be subject to our acceptance of the order.
5.2 When you submit an order to us on the Website, you will receive an email from us acknowledging your order (“Order Receipt Email”). You should check the email for accuracy and let us know immediately if there are any errors by emailing email@example.com. Please note that the Order Receipt Email does not mean that your order has been accepted. Your order constitutes an offer to us to sell the goods. All orders are subject to our acceptance, and we will confirm acceptance to you by sending an email confirming the goods have been dispatched to you (the “Dispatch Confirmation”). The contract between us will be formed when we send the Dispatch Confirmation.
5.3 Refunds for goods purchased under an offer will be on the same terms of the offer.
6.1 The price of our products are as quoted on the Website, except in cases of obvious error. In the event of obvious errors in the price quoted on the Website, we reserve the right to cancel an order placed under the erroneous price.
6.2 Prices are subject to change at any time, but changes will not affect orders already confirmed to you in a Dispatch Confirmation email.
6.3 Payment by credit card, debit card or through PayPal will be taken from your card at the time you place the order. Any payment made to us will be refunded if we do not accept your order.
6.4 Whilst it is our intention to keep the Website accurate, product description or pricing errors may occur. If such an error is identified after you have made an order, we will contact you regarding the correct details. You may either cancel your order or confirm it based on the updated information provided to you. If we cannot contact you by the telephone number provided, your order will be cancelled and a refund will be issued.
6.5 All prices shown on the Website are inclusive of VAT. Delivery charges are clearly stated in the Checkout.
Your order will be delivered through the Royal Mail under their service standard timescales. When the free local delivery or £2.99 delivery charge is selected, your order will be dispatched on the same or next working day through second class recorded delivery. When you select the Next Working Day Delivery option, your order will be dispatched on the same or next working day and will arrive with you before 1pm the next working day after it has been posted. Please note that Royal Mail’s working days include Monday – Friday (excluding bank holidays).
8.1 You may cancel any Contract between us at any time within 7 days of the day you received the goods providing the item has been unused. In this case, you will receive a full refund of the price paid for the goods in accordance with our refunds policy set out in condition 9 below.
8.2 If you are unhappy with the goods you have received or do not believe that they reflect those you Contracted with us for then please contact us immediately so we can ensure you receive the goods you contracted with us for.
8.2 To cancel any Contract between us, you must immediately inform us by emailing Vapour Days at firstname.lastname@example.org and return the goods to us in accordance with condition 9 below.
9.1 When you return a product to us pursuant to condition 8 above:
9.1.1 and where the goods are not defective, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day that we receive the goods in question back from you. In this case, we will refund the price of the goods (provided you return the full order to us, unused), but not the costs of postage to deliver the items to you or any costs you incur in returning the item to us; or
9.1.2 where you claim that the goods are defective, we will examine the returned goods to verify whether they are a manufacturer’s fault or a user error. If it is a user error or has been damaged due to incorrect usage or care, no refund will be given. We will notify you of your refund by either telephone or email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you that you were entitled to a refund for the defective goods. Goods returned by you because of a defect will be refunded in full, including a refund of any postage charged when you ordered the goods.
9.2 Please ensure that you return goods to us within seven working days of your cancellation of the Contract by recorded delivery. You are reqired to take good care of the items while they are in your possession and they must be returned to us in a sellable condition. It is your responsibility to return the items to us and be done promptly at your cost.
9.3 In the case of returns pursuant to condition 9.1.1 above, i.e. returns of non-defective goods, we may also reduce the amount of money refunded to you where you have used the goods beyond the handling that is necessary for you to make sure the goods are as you expected, for example the handling you would do in a shop. This is in accordance with your statutory rights.
9.4 We are unable to offer a refund on hygiene-related goods such as e liquid and drip tips. Any manufacturer’s fault on atomizers and coils must notified in email to email@example.com within 24 hours of receiving the item in order for any warranty to be applicable. Contacting us after this allotted period will mean that we cannot offer a refund or replacement due to hygiene reasons. If you claim the goods are defective, we will examine the goods and condition 9.1.2 will apply.
9.5 Unless we have agreed otherwise, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.6 Lithium-Ion batteries in electronic cigarettes are similar to the batteries used across the world in everyday devices such as mobile phones and are considered safe, but they should be used properly. All Vapour Days batteries have gone through extensive testing and most models have a built-in protection circuit. It is vital to keep the following points in mind to ensure that you are using your batteries safely. The following recommendations will ensure you keep your battery usable and safe:
- Turn the battery off when your e cigarette is not in use.
- Only use the charger and plug recommended for use with your product under the product review information detailed by Vapour Days.
- Never leave charging batteries unattended unless you are using a safety bag.
- Never submerge batteries in water or expose to extremely low or high temperatures.
- Always carry loose batteries in non-conductive containers, and never with metallic objects such as coins or keys.
9.7 If a mains power socket is not supplied, only use the Vapour Days range of plugs or adapters.
10.1 We warrant to you that any goods purchased from us though the Website are of satisfactory quality and reasonably fit for the purposes for which products of such kind are commonly supplied.
10.2 We shall not be responsible to you or any third party whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these Terms and Conditions, including such damage as may be reasonably foreseeable at the date you order the goods.
10.3 If you are contracting as a business, our liability for any claim for loss or damage shall be limited to the purchase price of the goods you purchased.
10.4 If you are contracting as a consumer, our liability for any claim for loss or damage shall be limited to three times the purchase price of the goods you purchased.
10.5 Nothing in these Terms and Conditions shall exclude or restrict our liability:
10.5.1 for death or personal injury caused by our negligence;
10.5.2 under section 2(3) of the Consumer Protection Act 1987;
10.5.3 for fraud or fraudulent misrepresentation; or
10.5.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11. Limitations of Liability
11.1 Nothing in these Terms shall exclude or limit Vapour Days’ liability for losses which may not be lawfully excluded or limited by applicable law.
11.2 Vapour Days shall not be liable for any loss, claim, damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this site or content found in this site, or (b) the unauthorised access to or alteration of your transmissions or data, even if Vapour Days have been advised of the possibility of such damages unless resulting from the gross negligence or intentional actions of Vapour Days.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1 strikes, lock-outs or other industrial action;
13.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3 fire, explosion, inclement weather, including storms, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4 inability of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5 impossibility of the use of public or private telecommunications networks;
13.2.6 systems affected as a result of computer hacking or virus; and
13.2.7 the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will endeavour to bring the Force Majeure Event to a close or to find a solution by which our obligations under any Contract between us may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of any Contract between us, to insist upon strict performance of any of your obligations under any Contract between us or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under any Contract between us, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15.1 The use of the Website and any Contracts formed between us are governed by English law. Any dispute arising from, or related to, such use and any such Contracts shall be subject to the exclusive jurisdiction of the courts of England. We make no promise that materials on the Website are appropriate or available for use in locations outside the United Kingdom and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws. Overseas orders (i.e. orders from outside the United Kingdom) will not be accepted.
15.2 A person who is not a party to these Terms and Conditions or any Contract between us shall have no right to enforce any term of the Terms and Conditions and/or any and/or all Contracts between us under the Contracts (Rights of Third Parties) Act 1999.
15.3 If any provision of these Terms and Conditions or any provisions of any Contract between us are found to be invalid, unlawful or unenforceable by a court to any extent, such provision will to that extent be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
15.4 We may assign, charge or transfer any of our rights or subcontract any of our obligations under these Terms and Conditions or any Contract to any third party at any time.
15.5 You may not assign, charge or transfer any of your rights or subcontract any of your obligations under these Terms and Conditions and/or any Contract between us except with our specific prior written permission in writing.
15.6 We reserve the right to revise and amend these Terms and Conditions from time to time and any such changes will be communicated on the Website. You will be subject to the policies and the Terms and Conditions in force at the time that you order goods from us, unless any change to those policies or the Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods). If you do not wish to accept the new Terms and Conditions, you should not continue to use the Website. If you continue to use the Website after the date on which the changes come into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.
15.7 These Terms and Conditions govern the entire trading relationship between ourselves and you and will remain in force for the duration of our trading relationship.
15.8 We will endeavour to verify the accuracy of any product or pricing information which we place on the Website, but we make no warranties or guarantees (whether express or implied) in relation to the accuracy of such information. You must bear the risk associated with the use of the Internet.
When you submit a Collection From Store order to us on the Website, the order will be available on the same day (subject to availability) or where it is out of stock in the store on the next working day for collection. The contract between us (“Contract”) will only be formed when you collect your goods in store. Title to the goods will pass to you upon collection at the store.