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 email@example.com 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 firstname.lastname@example.org. 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 email@example.com 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 required 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 firstname.lastname@example.org 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.
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 If you claim the goods are defective, we will examine the goods and condition 9.1.2 will apply. Batteries or mods fall under a 60 days manufacturer’s warranty unless otherwise stated in a warranty card from the manufacturer. For items identified as falling under a manufacturing fault, a replacement of the item will be provided, or where the item is no longer available, you can choose an item of an equivalent value or a refund.
9.7 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.
9.8 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.
16. DATA Privacy Notice
This is privacy notice of Vapour Days.
We respect your privacy and are determined to protect your personal data. The purpose of this privacy notice is to inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from). We’ll also tell you about your privacy rights and how the data protection law protects you.
- WHO WE ARE AND IMPORTANT INFORMATION
What is the purpose of this privacy notice?
This privacy notice aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you purchase a product or service, contact us through the online enquiry form, or by telephone or email, or sign up to our newsletter or take part in a competition.
This website is not intended for children and we do not knowingly collect data relating to children.
You must read this privacy notice together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Vapour Days is the controller and responsible for your personal data (collectively referred to as Vapour Days, “we”, “us” or “our” in this privacy notice). Our contact details are Vapour Days, UG6, Middle Floor, The Galleries, Bristol, BS1 3XD, Email: email@example.com, and Tel: 01179 256413. For all data matters contact our data representative on the above contact details.
Vapour Days is the controller and responsible for this website.
Third-party links outside of our control
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.
When you leave our website, we encourage you to read the privacy notice of every website you visit.
- THE PERSONAL DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. You can find out more about personal data from the Information Commissioners Office.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Dataincludes first name/last name/company name/username/marital status/ title/date of birth/gender.
- Contact Dataincludes billing address/delivery address/email address/ telephone numbers.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect your personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
- HOW WE COLLECT YOUR PERSONAL DATA
We use different methods to collect data from and about you including through:
- You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- Apply for our products or services;
- Create an account on our website;
- Subscribe to our service or publications;
- Request marketing to be sent to you.
- HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Performance of Contract thismeans processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
- Legitimate Interestthis means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by email to firstname.lastname@example.org.
- Comply with a legal or regulatory obligationthis means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at email@example.com.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, with the legal bases we rely on to do so.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us by email to firstname.lastname@example.org if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||(a) Identity|
|Performance of a contract with you|
|To keep you updated regarding any orders completed by you||(a) Identity|
|Performance of a contract with you|
|To send you promotional communications||(a) Identity|
|Communicating promotional materials, product details or vape-related information with you|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We have established the following personal data control mechanisms:
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
You can ask us or third parties to stop sending you marketing messages at any by following the opt-out links on any marketing message sent to you or by email to email@example.com at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product OR service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact the Data Protection Officer.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
- WHO WE SHARE YOUR PERSONAL DATA WITH
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Internal Third Parties including employees
- External Third Parties Service For Example
- Providers based in the UK who provide IT and system administration services.
- Professional advisers acting as processors including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
- INTERNATIONAL TRANSFERS
We do not transfer your personal data outside the European Economic Area (EEA).
- DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
- DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see Your legal rights below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
- YOUR LEGAL RIGHTS
Unless subject to an exemption under the data protection laws, you have the following rights with respect to your personal data:
- The right to request a copy of the personal data which we hold about you;
- The right to request that we correct any personal data if it is found to be inaccurate or out of date;
- The right to request your personal data is erased where it is no longer necessary to retain such data;
- The right to withdraw your consent to the processing at any time, where consent was the lawful basis for processing your data;
- The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), where applicable 9i.e. where our processing is based on consent or is necessary for the performance of our contract with you or where we process your data by automated means);
- The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
- The right to object to our processing of personal data, where applicable i.e. where processing is based on our legitimate interests (or in performance of a task in the public interest/exercise of official authority); direct marketing or processing for the purposes of scientific/historical research and statistics).
If you wish to exercise any of the rights set out above, please contact Vapour Days at UG6, Middle Floor, The Galleries, Bristol, BS1 3XD.
No fee required – with some exceptions
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable admin fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
- Changes to this notice and your duty to inform us of changes
This version was last updated on 24 May 2018 and historic versions can be obtained by contacting us.
Please keep us informed if your personal data changes during your relationship with us. It is important that the personal data we hold about you is accurate and current.
- Queries, requests or concerns
To exercise all relevant rights, queries or complaints in relation to this policy or any other data protection matter between you and us, please in the first instance contact firstname.lastname@example.org.
If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England, UK.