YOU MUST BE 18 OR OVER TO PURCHASE GOODS FROM OUR WEBSITE. WE RESERVE THE RIGHT TO REQUEST EVIDENCE OF AGE BEFORE WE FULFIL YOUR ORDER.
1.1 What these terms cover: These are the terms and conditions on which we supply e-cigarette and related products to you.
1.2 Why you should read them: These terms will provide information of who we are, how we will provide products to you, how we may change or end the contract, how we handle matters if there are any issues. On the off chance if you believe that there are mistakes in these terms, please get in touch with us to discuss.
WHO WE ARE AND HOW TO CONTACT US
2.1 Who we are: We are Just Mist Wholesale Ltd, Our registered VAT number is GB268668934.
2.2 How to contact us: You can contact us by emailing firstname.lastname@example.org
2.3 How we may contact you: If we need to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails: When we use the words “writing” or “written” in these terms, emails are included.
OUR CONTRACT WITH YOU
3.1 How we will accept your order: Once we receive the order we will email you to confirm the order acceptance, at which point a contract will form between you and us.
3.2 If we cannot accept your order: If we are not able to accept your order, this can be due to several different reasons. This may be because the product is out of stock or that we have identified an error in the price or description of the items, or we may have reason to believe you are not aged over 18 years or resident in the UK.
3.3 Order number: An order number will be assigned when we accept your order. This information will be disclosed in the confirmation email. Please quote this number if you would like to contact us about your order.
3.4 We cannot sell some goods within the EU. Due to the Tobacco Products Directive (2014/40/EU): We cannot sell certain electronic cigarette products to consumers resident inside of the EU. However, we are able to sell all of our products to consumers resident in the UK and in non-EU countries. If we are unable to sell to you a certain product you will be notified at check out.
3.5 Information for non- UK residents: It is your responsibility to ensure that the products you order from us comply with the local laws that apply in your country and to assume liability for importing the goods into your country. We will have no responsibility for products which are stopped at customs or which do not meet the legislation which applies in your country.
3.6 We only sell to people over 18: By law we cannot sell e-cigarettes or related products to any individual who is under 18 years old. If we reasonably believe that you are not over 18 we reserve the right to require you to provide proof of your age before we accept your order.
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. We do however try our best to display the colours as accurately as possible, but we cannot guarantee that a device’s display of the colours will precisely reflects the colour of the products. Your product can vary slightly from the images.
4.2 Product packaging may vary. The packaging of the product may vary from what is shown in images on our website. You may not return the product because the packaging does not match the image shown on our website.
4.3 Product safety. The use of e-cigarettes is associated with some safety risks. We strongly suggest that you read the direction of use for your product before use. Additional information regarding product safety can be found on (blog link will come here) Please contact us if you are unclear on how to use our products safely.
YOUR RIGHTS TO MAKE CHANGES
If you would like to make any changes regarding any orders you have placed, please get in touch with us and we will inform you if the change is possible. If the changes you request is possible, we will let you know about any price related change, delivery time change along with any details that may change and affect you from the initial order. We will ask for your confirmation before we proceed with the requested change. If we are unable to fulfil the changes that are requested or the changes that we can make is unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products: We may change the product:
(a) To reflect changes in pertinent laws and regulatory requirements. For example, where changing packaging or design of products are necessary to meet changes in the law
(b) To implement minor technical adjustments and improvements. For example, addressing a safety issue. These changes will not materially affect your use of the product.
PROVIDING THE PRODUCTS
7.1 Delivery costs: The costs of delivery will be notified to you on our website.
7.2 Delivery time: Delivery information will be provided to you during the order process. We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control: In the event that our supply of the goods is postponed or delayed by an event outside our control, we will attempt to contact you as soon as possible and we will take steps to minimise the effect of the delay. While we do this, we will not be liable for the delays caused by the event. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered: If there is no one available to receive the delivery and the products cannot be put through your letterbox depending on the size of the products, the carrier will leave you a note informing you of how to rearrange the delivery or collection of the products at their local depot.
7.5 If you do not re-arrange delivery: If you do not rearrange the delivery or collection at a local depot after an initial failed delivery, the items will be returned to us after 14 days. When we receive the returned items, we will attempt to contact you for further instructions and may charge you for storage and any further delivery costs. If our efforts are unable to establish contact with you, or if we are unable to rearrange for delivery or collection, we may end the contract and clause 10 will apply.
7.6 When you become responsible for the goods: The products will be under your responsibility from the time we deliver the product to the designated address.
7.7 When you own goods: The product is owned by the buyer upon despatch.
YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us: Your rights to end the contract with us will depend on whether there is anything wrong with the product you’ve bought. How we proceed and when you decide to end the contract: If the items you brought from us is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or refund), see clause 11;
(a) If you wish to end the contract due to something we have done or have disclosed to you we will do, see clause 8.2;
(b) If you have recently changed your decision about a product, see clause 8.3. A refund may be issued if you are still within the refundable period, but this may end in deductions and you will be liable to pay the costs of return of any good.
8.2 Ending the contract because of something we have done or are going to do:
If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) If we previously told you about an error in the price or the description of the product you have ordered and you do not wish to proceed;
(b) If the supply of the products is substantially delayed caused by an event outside of our control.
(c) If we are at fault during the period of the contract, you have legal right to end the contract
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013): If you are resident in the UK, you have a legal right to change your decision within 14 days of purchase and receive a refund. These rights are protected under the Consumer Contracts Regulations 2013.
8.4 When you don’t have the right to change your mind: You do not have a right to change your mind in respect of products (e.g. vape kits) sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
8.5 How long do I have to change my mind: The period in which you can change your mind is 14 days after the day you receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you receives the last delivery to change your mind about the goods.
HOW TO END THE CONTRACT WITH US
9.1 Inform us that you wish to end the contract: To end the contract with us, please let us know by calling us on (awaiting phone number) or emailing us at email@example.com Please provide your name and order number or your name and home address.
9.2 Returning products after ending the contract: If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please either include the returns slip or a note with your name and order number or, if you don’t know your order number, please supply your name and address and the reason why you’re returning the goods. If you are exercising your right to change your mind you must send off the goods within 7 days of telling us you wish to end the contract. We strongly recommend that you send the goods by Special Delivery or Signed for First Class to avoid the goods being lost in the post. We will not be able to refund you the price of the goods until you can prove that they were posted to us.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you: When we process a refund, the amount includes the price you paid for the products and the delivery costs. The refund will be the same as the method you used for payment. Deductions may be made. See 9.5 for more info regarding deductions.
9.5 Deductions from refunds if you are exercising your right to change your mind: If you are exercising your right to change your mind:
(a) The price of the refund may be reduced (excluding delivery costs) to reflect any reduction of value in the goods. If we refund you the price paid before we are able to examine the goods and later discover that you have handled the goods in an unacceptable way, an appropriate amount must be paid to us.’
(b) The maximum refund for delivery costs will be the least expensive delivery method we offer: For example, if we offer a delivery service within 3-5 working days at one cost but you wish to have the product delivered on the next day at a higher cost, we will only refund the cost of the less expensive delivery option.
9.6 How long does the refund process take: Any refunds due to you will be processed as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day we receive the product back from you from the day you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
OUR RIGHTS TO END THE CONTRACT
We have the rights to end the contract: If we have proof that you have broken the terms of the contract between us. We may end the contract at any time by writing to you. For example, we will end the contract if you do not allow us to deliver the products to you or arrange collection of the products within a reasonable time.
IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to inform us for any problems: If there are any problems or you have any enquires or you wish to complain about our products, please get in touch with us. You can do this by calling us on (awaiting landline number), or by writing to us at vape shop London 33-34, new bridge street, London, ec4v 6bj or emailing us at firstname.lastname@example.org
11.2 Your obligation to return rejected products: If you decides to reject any products and wish to exercise your legal rights, you are obligated to post the goods back to us. The postage costs will be covered by us. Please see clause 9.2 on how to return products to us.
PRICE AND PAYMENT
12.1 Where to find the price for the product: The price of the product (VAT included) will be shown on the order page before any payment is made. We make our best efforts to ensure that the pricing of our products are advised to you accurately. However, in case of any errors please see clause 12.3 for what happens if we identify an error in pricing of our products.
12.2 We will pass on changes in the rate of VAT: If the rate of VAT changes between the day you place the order and the day we supply the product, we will adjust the price accordingly unless you have already paid for the goods in full before the change takes effect.
12.3 What happens if the indicated price is incorrect: We usually check the prices before accepting any orders. However, despite our best efforts, there is always a possibility that mistakes occurs. If the product’s correct price at your order date is less than the stated price, we will charge for the lower amount. If the product’s correct price at your order date is higher than the stated price, we will contact you and attempt to resolve to an agreement with you before accepting your order. If we accept and process your order while a pricing error is obvious and clearly noticeable by you as a mispricing, we may end the contract and refund you any sums due to you and require the return of goods.
12.4 When you must pay and how you must pay: The payment methods that we accept are shown on the order page. Payment must be received before we dispatch any products.
12.5 What to do if you think an invoice is wrong: If you believe that an invoice is incorrect please get in touch with us promptly and we will not charge you interest until the issue is resolved.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us: We are responsible for any loss or damage you suffer that is a foreseeable result of our breaking this contract. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage are considered to be foreseeable if it is obvious that it will occur. For example, if potential damage or loss was discussed during the sales process and you agree to purchase the product, we are not responsible if the product is later found to be damaged.
13.2 We are not liable for business losses: The products we sell are only for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information: We will use the personal information you provide to us:
(a) to send the products to you;
(b) to process your payment for the products
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may contact us at any time should you wish to stop receiving this
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else: We may transfer our rights and obligations under these terms to another organisation. We will inform you about this in writing if this happens and we will make sure that the transfer will not affect your rights under the contract.
15.2 Our consent is required if you wish to transfer your rights to someone else: You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 This contract only applies to you and nobody else: This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force: Each of the paragraphs of these terms operates separately. If any authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.