Terms and Conditions
You must be at least 18 years old or older in order to use our services.
- What do these terms include? These are the guidelines under which we provide you with e-cigarettes and associated goods.
- Why you ought to read them. Before sending your order to us, carefully read these terms. These terms explain who we are, how we will provide you with products, how you and we may modify or terminate the contract, what to do in case of a dispute, and other crucial details. Please contact us to discuss if you believe there is an error in these terms.
OUR CONTRACT WITH YOU
- How we will accept your order: A contract between you and us will be formed after we contact you to accept your order. At that point, we will have taken your order.
- If we cannot fulfil your request: We will email you to let you know if we can’t accept your order and won’t charge you for the item. This could be due to several reasons, including that the item is out of stock, that we have discovered a pricing or description error, that there is a safety concern, or that we have reason to believe you are not at least 18 years old or a resident of the UK.
- Order number: When we accept your order, we’ll give it an order number and let you know what it means. Therefore, whenever you contact us regarding your order, please include the order number.
- We are unable to sell certain items inside the EU: We cannot sell specific electronic cigarette goods to customers who reside in EU nations due to the Tobacco Products Directive (2014/40/EU). However, we are permitted to market all our goods to customers in the UK and outside of the EU. During the checkout process, we’ll let you know if there’s a product we can’t sell you.
- For non-UK citizens. If you live outside of the UK, you must ensure that the products you order from us are legal to import into your country and comply with any local laws that may apply there. We won’t be held accountable for goods seized at customs or not adhering to local laws in your nation.
- Only adults above 18 are permitted to purchase our products. We are not legally allowed to sell e-cigarettes or associated items to anybody under 18. Before fulfilling your request, we reserve the right to ask for identification if we have a good faith belief that you are under 18.
- The actual product may differ somewhat from the image. The product images on our website are just meant to serve as examples. While we have done our best to ensure that the colours are displayed appropriately, we cannot guarantee that the colours displayed by a device will accurately reflect the colour of the products. Therefore, these pictures may not exactly match your product.
- The product packaging might change. The product’s packaging can differ from what the website images depict. Because the package does not match the picture on our website, you cannot return the item.
- Product security. We strongly advise that you read the directions for your product before using it because using e-cigarettes has potential safety hazards.
YOUR RIGHT TO MAKE CHANGES
Please contact us if you want to adjust the product you’ve ordered. If there is a chance for a change, let us know. If feasible, we will inform you of any adjustments to the product’s pricing, the date of supply, or anything else required due to your desired change and solicit your confirmation that you want to proceed. You may seek to terminate the contract if we cannot adjust or its effects are intolerable to you (see clause 8 – Your rights to end the contract).
OUR RIGHTS TO MAKE CHANGES
Minor changes to the items. We may update the product:
- To reflect changes in applicable laws and regulatory requirements, such as when packaging or product design must change to comply with new regulations.
- We may also make small technological changes to resolve problems with safety. However, these changes will only materially impact your use of the product.
PROVIDING THE PRODUCTS
- Delivery expenses. The delivery fees will be as they are shown to you on our website.
- The date that we will deliver the goods. We will inform you when we provide the products during the order procedure. Within 30 days of the day, we accept your order; we shall deliver the items to you as soon as possible.
- Delays that are beyond our control are not our responsibility. If an occurrence beyond our control causes a delay in our ability to supply the products, we will let you know as soon as feasible and take action to lessen the impact of the delay. If we follow these steps, we won’t be responsible for delays brought on by the event, but if there’s a chance of a significant delay, you can get in touch with us to stop the contract and get a refund for any products you’ve already paid for but didn’t get.
- When the merchandise is delivered, and you are away. The delivery person will leave you a note explaining how to reschedule delivery or pick up the items at their nearby depot if no one is available at your address to accept delivery and the packages cannot fit through your letterbox.
- If you fail to schedule a new delivery. The products will be returned to us if, within 14 days of a failed delivery attempt to you, you do not schedule a new delivery date or pick them up from a delivery station. We will get in touch with you after we receive the products back to get further instructions, and we reserve the right to charge you for any additional delivery or storage fees. We may end the contract and use clause ten if, despite our best efforts, we cannot reach you or reschedule delivery or collection.
- When you take ownership of the products: You are responsible as soon as we deliver the item to your provided address.
- When do you become the owner of the products? Once the goods leave our premises and are shipped to you, you become their owner.
YOUR RIGHTS TO END THE CONTRACT
1-You are always free to discontinue your agreement with us. Whether there is a problem with the goods you purchased, how we are doing, and the date you decide to terminate the contract will all affect your rights:
- If the item you purchased is defective or misrepresented, you may have the legal right to terminate the contract (or to have the item repaired or replaced, have a service performed again, or to receive some or all of your money back); more information is available in clause 11;
- More information can be found in clause 8.2 if you wish to terminate the contract due to something we have done or have promised to do.
- Refer to clause 8.3 if you recently changed your mind regarding the product. For example, if you’re still in the cooling-off period, you might be eligible for a refund, but there might be certain restrictions, and you’ll have to cover the expenses of returning any items.
2-Terminating the agreement due to something we have done or plan to do. The contract will cease immediately if you terminate it for one of the reasons listed at (a) through (c) below, and we will reimburse you in full for any products that have not yet been delivered. These are the causes:
- We have informed you that the product you have ordered has a price or description error, and you want to avoid proceeding.
- The supply of the products may be significantly delayed due to circumstances beyond our control.
- You have a legal right to end the contract due to something we did wrong.
3-Use your freedom to change your opinion (Consumer Contracts Regulations 2013). If you live in the UK, you have a legal right to cancel an online purchase within 14 days and get a refund for most items. Specific phrases provide a more thorough explanation of these rights as they pertain to the Consumer Contracts Regulations of 2013.
4-Our good faith promise: The goodwill guarantee provided by Vape Kiss to its UK customers is reflected in these terms. This guarantee is more liberal than your legal rights under the Consumer Contracts Regulations because it applies to all customers and allows you to return the items within 30 days of delivery. The products must be completely sealed in their original packaging and cannot be used. Your legal rights in connection to defective or inaccurately represented items are unaffected by this goodwill guarantee; for more information, see clause 11.2.
5-How much time do I have to rethink my decision? Unless the goods are delivered in multiple deliveries on various days, you have 30 days from the day you (or someone you designate) get the goods. In this instance, you have 30 days to change your mind about the items from the day you (or a person you designate) accept the final delivery.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
- If you choose to terminate the contract, kindly let us know. Send us an email at Admin@vapekiss.co.uk to let us know you want to discontinue your agreement. Please enter your name, order number, or name and residential address.
- Returning products after the contract has expired. After the products have been shipped to you or received, you must return them to us if you decide to cancel the contract. Before returning the items to us, please get in touch with us at Admin@vapekiss.co.uk. Attach a note with your name, order number, and why you’re returning the items if you can’t find your order number. To exercise your right to cancel the contract, you must ship the goods back to us within 14 days of notifying us that you are doing so. To prevent the goods from getting lost in the mail, we strongly advise using a traceable way to dispatch the packages. Until you can show that the items were shipped to us and until we have received the items, we will not be able to refund you the purchase price of the items.
When will we cover the return shipping charges? We will pay the return shipping costs:
- If the products are defective or incorrectly described (the item cannot be used).
- Suppose you are terminating the contract because we informed you of an impending change to the product, a pricing or description error, a delay in delivery caused by circumstances beyond our control, or because you have a legal right to do so as a result of something we did wrong. In that case, we will also pay the return shipping costs.
In all other situations, including when you are using your right to withdraw, you are responsible for covering the return costs.
- The method of your refund: By the form of payment you used to make the purchase, we will reimburse you for the whole amount you paid, including shipping fees. However, as discussed below, we might subtract some of the prices.
Withdrawals from returns if you exercise your right to withdraw. If you are claiming the right to a change of heart:
- If you handled the items in a way that would not be authorised in a store, we might lower your refund of the purchase (excluding delivery charges) to reflect the value that has been diminished. You must pay us an appropriate amount if we have returned the money you spent before we could inspect the items and later found out you mismanaged them.
- The least expensive delivery option we provide will be your maximum return for delivery costs. For instance, if we offer delivery of a product within 1-3 days for a set price, but you decide to choose delivery within 24 hours at a higher price, we would only reimburse the amount you would have paid for the more affordable delivery option. Please be aware that we only refund shipping costs where we are at fault.
- The timing of the refund: Any refunds owed to you will be processed as quickly as we can. If you decide to exercise your right to cancel, your refund will be processed within 14 days of the day we receive the returned item. See clause 9.2 for more details on how to send us a product for return.
OUR RIGHTS TO END THE CONTRACT
If you violate the agreement, we may let you go. However, if you don’t give us a fair amount of time to deliver the products to you or set up collection, we may end the contract for that product by writing to you at any time.
IF THERE IS A PROBLEM WITH THE PRODUCT
- How to inform us of issues: Please contact us if you have any inquiries or grievances about the goods. Write to us at Admin@vapekiss.co.uk to do this.
Overview of your legal rights, we are obligated to provide goods in line with this agreement. However, these agreements have no bearing on your legal rights.
You must send back any goods you decide not to use. In addition, you must post the products back to us if you want to exercise your legal right to reject them. For instructions on returning the products to us, please refer to clause 9.2.
Definition of a Faulty Product:
- Faulty products are the ones that are received by the customers in perfect condition; however, when they tried using the product, the taste was burnt, it was not puffing, the battery was not charging, it was sparking, etc.
- For the purpose of confirmation, you are required to send us a video and picture of the products that are faulty.
Definition of a Damaged Product:
- For all the products that are received by customers in which the package was damaged and due to which some of their vapes were missing, or the products that they received were leaking or damaged during transit, we will file a claim for these.
- For the purpose of confirmation, you are supposed to send us a picture of the damaged parcel and damaged products.
PRICE AND PAYMENT
- Where to look up the product’s pricing: The item’s price will be stated on the order page when you place your order, including VAT. We make every effort to verify that the cost of the product we’ve recommended is accurate. However, please refer to clause 12.3 for information on what happens if we find a pricing issue with the item you ordered.
- We will inform you of any changes to the VAT rate: If the rate of VAT changes between the time we receive your order and the time we deliver the product, we will modify the rate of VAT you pay unless you have already paid for the product in full before the rate of VAT changes.
- What would happen if the price was off? Despite our best efforts, some of our sold products may have corrected pricing. When a product’s correct price at the time of your order is less than our stated price, we will often check pricing before accepting your order and charge the lower amount. Before we receive your order, we will get in touch with you to get your instructions if the product’s accurate price at the time of your order is higher than the price we initially told you. We reserve the right to cancel the contract, issue a refund for any money you paid, and ask for the return of any items given to you.
- The due date and payment method: PayPal payments are accepted by us. However, before we ship the goods, you must pay for them.
- What to do if you believe a bill needs to be corrected: We ask that you contact us immediately if an invoice needs to be updated. We will only charge interest once the problem has been remedied.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are liable to you for any loss or harm that was reasonably foreseeable: If we violate these conditions, we are accountable for any loss or harm you experience that is reasonably foreseeable due to our breach or failure to exercise reasonable care and skill. Still, we are not accountable for any harm that is not reasonably foreseeable. Loss or damage is foreseeable if there is either evidence that it will occur or if both parties knew it would happen when the contract was made, such as if you discussed it with us throughout the sales process.
Where it would be illegal to do so, we do not exclude or restrict our responsibility to you in any other way. This covers your legal rights in connection to the products as outlined in clause 11.2, as well as liability for death or physical harm brought on by our carelessness or the negligence of our employees, agents, or subcontractors.
Business losses are not our responsibility. We exclusively offer the products for usage in private and household settings. Therefore, we won’t be liable to you for any loss of profit, business interruption, or loss of business opportunity if you use the products for commercial, business, or resale purposes.
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we plan to use your private data: If you agree to this during the order process, we will use the personal information you give us to:
- Provide the products to you.
- Process your payment for the products.
- Provide you with information about comparable products we offer. However, you may opt out of receiving this information at any time by contacting us.
We will only divulge your personal information to third parties when doing so is required or permitted by law.
OTHER IMPORTANT TERMS
We may assign this Agreement to Another Person. Our rights and obligations under these agreements are transferable to another organisation. If this occurs, we will always notify you in writing and ensure it has no bearing on your contractual rights.
You cannot assign your rights to another party without our permission. Only with our prior written consent may you assign your rights or duties under these conditions to another party.
This contract is solely for the benefit of the parties. This agreement is made between you and us. None of its provisions shall be enforceable by any other party.
This agreement shall remain in effect even if a court rules that a portion of it is unlawful. These terms act independently of one another. The remaining clauses must continue to be in full force and effect even if a court or other relevant body finds any of them illegal.
We may enforce this Agreement even if we take a while. If we don’t insist on you carrying out any obligations under these terms right away or if we put off taking legal action against you for breaching this agreement, it doesn’t imply that you won’t have to do those things. It won’t stop us from taking legal action later.
Which laws will govern this Agreement and the venue for any legal action? You may file a lawsuit involving the items in English courts because these terms are subject to English law. You may file a lawsuit against the products in English or Scottish courts if you reside in Scotland. If you live in Northern Ireland, you may file a lawsuit against the products in English or Northern Irish courts.