Terms and Conditions of Sale
By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below. Before placing your order, if you have any questions relating to these Conditions please contact us via our website at www.midlandsvaping.co.uk or by calling us on 01384 237919.
"MIDLANDS VAPING" means Midlands Vaping Limited, together with its subsidiary and holding companies and any subsidiaries of such holding companies;
"Conditions" means these terms and conditions;
''Goods'' means any goods you purchase under these Conditions;
''Non-subscription Services'' mean any Services other than Subscription Services;
''Personal Information'' means the details provided by you to us;
"Services" means any services you order or otherwise purchase under these Conditions;
''Subscription Services'' means Services to which you subscribe on an ongoing basis, for example technical support Services;
"Us/our/we" means Midlands Vaping Limited, a company registered in England and Wales under the number 08679593 with registered office located at 31 King Street, Dudley, DY2-8NY, VAT number 198726351GB.
"Website" means either one of the websites located at www.midlandsvaping.co.uk or any other URL which may replace it; and
"You/Your" means the person ordering or otherwise purchasing the Goods or Services.
1. Rights and Obligations
1.1. You undertake:
1.1.1. to pay any amounts due to us in a timely manner;
1.1.2. that the Personal Information you provide is true, accurate, current and complete in all respects;
1.1.3. to notify us immediately of any changes to the Personal Information using the contact details in Clause 5.4; and
1.1.4. not to impersonate any other person or entity or to use a false name.
1.2. We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods or Services available. We also reserve the right to change or add to these Conditions from time to time.
1.3. Unless you have placed an order for any Goods or Services, or you subscribe to any Subscription Services, by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
1.4. From time to time we may also have to make changes in the specification of any Good or Service:
1.4.1. to make it conform with any applicable safety or other statutory requirements; or
1.4.2. to make it reflect changes in the manufacturer's specification,
but we will endeavour to ensure that such changes do not reduce the quality or performance of such a Good and/or Service. Where you have placed an order for the affected Good and/or Service and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.
1.5. Goods and Non-subscription Services:
1.5.1. You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods or Non-subscription Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
1.5.2. We shall not withdraw or modify to your substantial detriment any of the Goods or Non-subscription Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.
1.5.3. The purchase of software products is subject to your acceptance of the terms of any end user and/or licensing agreement(s) relating to such software.
1.6 Estimated time frames for delivery of Goods or completion of Services are estimates only and delays may arise due to matters outside of our reasonable control.
1.7. Goods may be subject to EU and US export control laws and laws of the country where they are delivered or used. Under these laws, such Goods may not be sold, leased or transferred to restricted end-users (including to nationals of Cuba, Iran, North Korea, Sudan, and/or Syria) or countries or for restricted end-uses (including uses related to the development, production, use, or maintenance of ''Weapons of Mass Destruction'', including without limitation, uses related to nuclear, missile, and/or chemical/biological development). If Goods are supplied to you subject to any such Export Laws, such supply is subject to you not falling into any such restricted categories.
2.1. Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us and those who are residents in the UK. Services that come with minimum term contracts are only available to individuals who are 18 years old or over and by ordering or otherwise purchasing such Services, you confirm that you are 18 years old or over.
2.2. When requested by us, you must provide your name, phone number, address, payment details and other requested information.
2.3. Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable) or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.
2.4. You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
2.5. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. You also acknowledge that we have the right to cancel any order before it has been dispatched when we have reason to believe that an error has occured. Where this happens, we will attempt to contact you. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.
3. Price and Payment
3.1. The price of the Goods or Services (if any) shall be the price of which we inform you prior to accepting your order. Prices include VAT at current rates unless stated otherwise.
3.2. If you fail to make any payment when due then, without prejudice to any other right or remedy we may have, we may:
3.2.1. where you have ordered Goods or Non-subscription Services, cancel this agreement; and/or
3.2.2. in any event, charge you interest (before and after any judgment) on the amount unpaid, at the rate of 2% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
3.3. You confirm that any payment method you use is yours.
3.4. Payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.
3.5. Once your Goods have been collected and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.
3.6. Irrespective of your receipt of the Goods, the passing of risk or any other provision of these conditions, ownership shall not pass to you until we have payment in full for the Goods.
3.7. Until such time as the ownership passes to you, you shall hold the Goods on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Goods to us.
4. Cancellation, Returns and Exchanges
4.1. Without prejudice to our rights under Clause 1 above, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 14 days' written notice.
4.2. In certain situations, we may be prepared to give you a refund or exchange for Goods if you change your mind. For details on our Returns and Exchange Policy please, call us on 01384 237919 for details. Consumers should be aware that if they wish to exercise their right to cancel an order that has already been dispatched, within 7 working days, that they will not receive a refund on the postage following any return of items.
4.3. Goods and/or Services ordered online or over the phone only
4.3.1. Consumers ordering Goods or Services at a distance (such as via telephone or online) have certain cancellation rights under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Consumers should be aware that certain products that are deemed as perishable items are not covered.
4.3.2. You may cancel any order for Services any time within 7 working days from the day after placing your order, however, you may not cancel once we have started providing any part of such Services to you with your agreement.
4.3.3. You may cancel any order for Goods other than audio or video recordings or software at any time within 7 working days from the day after receiving your Goods without liability to us.
4.3.4. A working day is any day except Saturday, Sunday and UK public holidays.
4.3.5. You may cancel your order by calling us on 01384 237919.
4.3.6. If you cancel an order for Goods, they must be returned to us within a reasonable period, complete (with any accessories, leads or other items provided with the Goods) and undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you (which may be substantial) or the stand alone retail value of any missing or damaged items.
4.3.7. Unless collection of the Goods has been arranged, you must return the Goods by sending them to Returns Team, 31 King Street, Dudley, DY2-8NY, in some occasion at your cost. It is your responsibility to ensure that the Goods are received by us and we recommend using Special Delivery or Signed For services where appropriate.
4.3.8. Where we have agreed to collect the Goods from you, you must ensure that they are available for collection at the time arranged.
4.3.9. You shall be under a duty to take reasonable care of the Goods until received or collected by us and it is your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.
4.3.10. You are entitled to examine any Goods ordered as you would in a shop. However, if you use the Goods, you may lose your right to cancel your purchase.
4.3.11. If you cancel your order in accordance with the provisions of this Clause 4.4, and 4.4.10 we will refund any sums paid by you in relation to your order (less our costs if we have to recover any Goods from you under Clause 4.4.7) within 30 dayS
6. Limitation of Liability
6.1. We will not be liable for any loss or damage caused by us in circumstances where:
6.1.1. there is no breach of a legal duty of care owed to you by us; and/or
6.1.2. such loss or damage is not reasonably foreseeable.
6.2. We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
6.3. Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
6.4. Nothing in these Conditions shall:
6.4.1. exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
6.4.2. limit your rights as a consumer under applicable UK law.
6.5. All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
6.6. The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard.
6.7. Each provision of this Clause 7 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
7.1. Events Beyond the Parties Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
7.2. Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
7.3. Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions. Any attempt by you to do so shall be void.
7.4. Governing Law: These Conditions will be governed by English Law and if you are not happy with how we deal with any disagreement and want to take bring court proceedings, you must do so within the UK.
7.5. Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
7.6. Call Monitoring: Monitoring or recording of your calls may take place for our business purposes. Calls to our customer service numbers should incur local call costs from a standard BT line, calls from other providers may vary and calls from mobiles may cost significantly more.
8. Handling Complaints and Sending Notices
9.1. If you wish to make a complaint you may do so in the following way:
9.1.1. by calling 01384 237919
9.1.2. in writing addressed to: Customer Compalaints Department, Midlands Vaping, 31 King Street, Dudley, DY2-8NY
17. GUIDELINE FOR USE OF THE PRODUCTS
17.1 You agree that you will read and comply with any instructions and product warnings on the Products.
17.2 You acknowledge that the we make no claims that an electronic cigarette will cure a smoker's addiction to nicotine; the electronic cigarettes we sell serve the same purpose as a tobacco cigarette in that they deliver nicotine to the user. If a user of the Products suffers from the disease of Tobacco or Nicotine Dependence Syndrome and wants to take steps to give up smoking or cut down the quantity of cigarettes they currently smoke, we recommend visiting a health care provider to discuss Nicotine Replacement Therapy (NRT) or a nicotine harm reduction programme.
17.3 You acknowledge that we are not a pharmaceutical company and do not produce medical products.
17.4 You also acknowledge that:
(a) the Products may be hazardous to health and are intended for use by adult smokers;
(b) the Products must be kept out of reach of children;
(c) the Products are not suitable for use by persons who are under the age of 18; pregnant or breastfeeding women; persons who are sensitive or allergic to nicotine; and should be used with caution by persons with or at a risk of an unstable heart condition or high blood pressure.
18. PRICE OF PRODUCTS AND DELIVERY CHARGES
18.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
18.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
18.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
18.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
18.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you 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. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.
2nd Class items are delivered in two to three working days. Royal Mail aim to deliver 98% of 2nd Class items within three working days of posting.
Every 2nd Class item is covered against loss or damage up to £20 or the value of the item, whichever is lower.
You should not use this service to send items of value.
Although we aim to deliver Royal Mail Signed For® 1st Class the next working day, we are unable to provide a guaranteed next day delivery.
Royal Mail Signed For® items are covered against loss or damage up to the sum of £50 or the value of the item, whichever is lower.
You can confirm the delivery Royal Mail Signed For® mail with our online Track & Trace tool. You can also view the receiver's signature online. All you need to do is enter your 13 digit reference number.
Check to see if your Royal Mail Signed For® item has arrived on your mobile by entering www.royalmail.com into your smartphone’s web browser.
Yes. Please keep your proof of posting receipt. If your item is not delivered on time we’ll refund your money providing you have your proof of posting and claim within 14 days of posting. If your item gets lost or damaged while it’s in our care, you can make a claim for compensation or consequential loss.
Yes. Compensation for loss or damaged items must be claimed in writing within 80 days of posting. You should include your proof of purchase receipt and evidence of the item’s value.
We deliver throughout the UK. However, there are certain delivery restrictions in particular areas:
We can’t guarantee delivery by 9am to the following postcode areas:
BD23 - 24
BT35, 44, 47, 51, 53, 54, 70, 71, 76, 77, 81, 92,93, 94
GY1 (Guernsey), GY2 - 8
IM2 - 9
IV2 - 20, 30 - 32, 36, 63
LD1 - 4, 6
LN4 - 6, 10
PA20 - 27
PO30 - 41
TR12, 13, 17 - 26
YO41, 43, 51, 60, 61, 62
We deliver by 5.30pm the next working day in the following postcode areas:
AB30 - 39, 41 - 45, 51 - 56
GY9 Alderney (Channel Islands)
HS1, 3 - 9
IV21 - 28, 40 - 49, 51 - 56
KW1 - 3, 5 - 15
KW16 Stromness Town only
PA28 - 38, 41 - 49, 76, 77
PH15, 17 - 26, 31 - 40, 49, 50
We deliver within two working days by 5.30pm to the following postcodes areas:
GY1 Herm (Channel Islands)
GY9 Sark (Channel Islands)
PA60 - 75, 78
We deliver within three working days by 5.30pm to the following postcode areas:
KW16 - non Town
PH30, 41 - 44
Terms and conditions last updated 03/02/2016 19:31pm