Terms & Conditions (v0815)
Warning & Product Use
EcigZoo does not market, promote or sell our products as a stop smoking method, cure or medicine. We state that electronic cigarettes are a safer alternative to smoking for enjoyment purposes only (Please see our FAQ section for more details). As they contain nicotine which is highly addictive they must only be used by those over 18 and already using nicotine. Please see section 3 for full details.
Background:
This agreement applies as between you, the User of this Website and EcigZoo the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Account
means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
Carrier
means any third party responsible for transporting purchased Goods from our Premises to customers;
Content
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this
Website;
Goods
means any products that EcigZoo advertises and / or makes available for sale through this Website;
EcigZoo
means EcigBubble Ltd Ltd, registered office: 1 Flag Business Exchange, Vicarage Farm Rd, Peterborough PE1 5TX. Company registration: 08275479 Vat No: 152727804
Service
means collectively any online facilities, tools, services or information that EcigZoo makes available through the Website either now or in the future;
Payment Information
means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
Purchase Information
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
Premises
Means our place(s)
System
means any online communications infrastructure that EcigZoo makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
Users
means any third party that accesses the Website and is not employed by EcigZoo and acting in the course of their employment; and
Website
means the website that you are currently using www.EcigZoo.co.uk and any sub-domains of this site unless expressly excluded by their own terms and conditions.
Electronic Cigarette
means a Personal Vapouriser or electronic device made up of a battery, atomiser or heating element and a holding tank for E-liquid.
E-liquid
Means a base liquid of either Propylene Glycol or Vegetable Glycerine (used in everyday use and considered safe for food production ), which often contains nicotine and flavouring although can be purchased nicotine free.
2. Age Restrictions
Persons under the age of 18 must not use this Website. We will cancel any order we suspect to have come from an under-18 year old. By placing any order you agree and confirm that you are over 18 years old. If you are not do not place an order. Anyone under the age of 18 using this website agrees to indemnify and keep indemnified EcigZoo against all costs and damages arising as a result of that usage.
In order to comply with legal age checking requirements we may release personal and account information to third party verification organisations and credit or national databases and delay dispatch of orders until age verification can be obtained. We may request further information from you to help us fulfil our legal obligations.
No personal information is ever sold, shared, rented or given to third parties for commercial or marketing purposes.
3. Warning & Product Use
3.1 Electronic Cigarettes
3.1.1 EcigZoo does not sell, market, advertise or recommend these devices as a stop smoking method or cure for nicotine addiction or any medical product whatsoever.
3.1.2 EcigZoo markets and recommends these devices as a safer alternative to smoking
3.1.3 EcigZoo only recommends these devices be used by users who already use nicotine. If you do not use nicotine already, do not use electronic cigarettes.
3.2 E-Liquid
3.2.1 E-liquid contains nicotine which is a highly addictive toxic substance. Users use e-liquid and electronic cigarettes at their own discretion and risk. Users should seek medical advice or research before use. EcigZoo shall accept no liability for its use.
3.2.2 Warning:- E-liquid must be kept out of the reach or sight of children or animals, locked away. Do not drink or swallow or ingest. Handle with care and any equipment or clothing necessary to avoid contact. If swallowed or you feel unwell seek medical attention immediately. Users agree to store and use these products responsibly and agree EcigZoo shall not be liable for any misuse or abuse.
3.3 Limitation of Liability and indemnity
3.3.1 To the maximum extent permitted by law, EcigZoo accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of electronic cigarettes or e-liquids from this Website or any information contained therein. Users should be aware that they use the Website, content and products at their own risk.
4. Business Customers
These Terms and Condition do not apply to customers buying Goods in the course of business. Business customers must not purchase without contacting us to obtain agreement. We reserve the right to cancel and refund without explanation any suspected business orders at our absolute discretion. For wholesale enquiries please email customerservices@ecigzoo.co.uk.
5. International Customers
If Goods are being ordered from outside EcigZoo country of residence, import duties and taxes may be incurred once your Goods reach their destination. EcigZoo is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and EcigZoo cannot guarantee that the packaging of your Goods will be free of signs of tampering.
6. Intellectual Property
6.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of EcigZoo, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by EcigZoo.
7. Third Party Intellectual Property
7.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
7.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
8. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
9. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of EcigZoo or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
10. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.EcigZoo.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of EcigZoo. To find out more please contact us by email at customerservices@ecigzoo.co.uk.
11. Use of Communications Facilities
11.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
11.1.1 You must not use obscene or vulgar language;
11.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
11.1.3 You must not submit Content that is intended to promote or incite violence;
11.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
11.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
11.1.6 You must not impersonate other people, particularly employees and representatives of EcigZoo or our affiliates; and
11.1.7 You must not use our System for unauthorised mass-communication such as spam or junk mail.
11.2 You acknowledge that EcigZoo reserves the right to monitor any and all communications made to us or using our System.
11.3 You acknowledge that EcigZoo may retain copies of any and all communications made to us or using our System.
11.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
12. Accounts
12.1 In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
12.1.1 all information you submit is accurate and truthful;
12.1.2 you have permission to submit Payment Information where permission may be required; and
12.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
12.2 It is recommended that you do not share your Account details, particularly your username and password. EcigZoo accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
12.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact EcigZoo immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, EcigZoo accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
12.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
13. Termination and Cancellation
13.1 Either EcigZoo or you may terminate your Account. If EcigZoo terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
13.2 If EcigZoo terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
13.3 EcigZoo reserves the right to cancel and refund purchases without stating reasons, for any reason prior to dispatch.
13.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
13.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
14. Goods, Pricing and Availability
14.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from EcigZoo correspond to the actual Goods, EcigZoo is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
14.2 Where appropriate, you may be required to select the required size, model, colour, number, other features of the Goods that you are purchasing.
14.3 EcigZoo does not represent or warrant that such Goods will be available. Stock indications are not provided on the Website.
14.4 All pricing information on the Website is correct at the time of going online. Should any price be incorrrect at time of purchase EcigZoo reserves the right to cancel and refund the order. EcigZoo reserves the right to change prices and alter or remove any special offers from time to time and as necessary. .
14.5 In the event that prices are changed during the period between an order being placed for Goods and EcigZoo processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
14.6 All prices on the Website include VAT. EcigZoo VAT number is GB152727804.
15. Delivery
15.1 EcigZoo will notify you by way of email when your goods are to be dispatched to you.
15.1a Ecigzoo reserves the right to change delivery methods used in order to ensure package reaches its destination or proof of receipt is required for orders over a certain value.
15.2 If EcigZoo receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
16. Returns Policy
EcigZoo aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
16.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 3 days to arrange collection and return. EcigZoo is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
16.2 If any Goods you have purchased have faults when they are delivered to you, you should contact EcigZoo within 3 days to arrange collection and return. EcigZoo is responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
16.3 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
16.4 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to EcigZoo within 3 days and arrange collection and return. EcigZoo is responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
16.5 You have the right to cancel this contract within 14 days without giving reason. This period begins once your order is complete and ends 14 days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to EcigZoo within 14 days of this point. You are responsible for paying shipment costs if Goods are returned for this reason. If you cancel this contract we will reimburse to you all payments received from you relating to the order, including delivery costs except for supplimentary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us. We may make a deduction from the reimbursement for the loss in value of any goods supplied, if the loss is a result of unecessary handling or usage by you. We will make this reimbursement within 14 days of receiving the goods back from you. It is your responsibility to ensure the goods are returned and we cannot reimburse for goods not returned. You have 14 days after notifying us you wish to cancel to return the goods. We will make reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.
Goods should be returned to EcigZoo, 25 Market Place, Wisbech, Cambridgeshire PE13 1DQ
You may notify us you wish to cancel using the model form at the end of this contract.
16.6 If you wish to return Goods to EcigZoo for any of the above reasons, please contact us using the details on customerservices@ecigzoo.co.uk. to make the appropriate arrangements.
16.7 EcigZoo reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
16.7.1 Any use or enjoyment that you may have already had out of the Goods;
16.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
16.7.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
16.7.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law. Generally up to 30 days: if your item is faulty, then you can get a refund. Up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases depending upon the nature of the goods. Up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back
17. Privacy
17.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
17.2 The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy . By accepting these terms and conditions, you are giving consent to EcigZoo to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.
17.3 If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser's settings to restrict cookies as detailed in your internet browser's help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browsers help menu.
18. Disclaimers
18.1 EcigZoo makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
18.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
18.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
18.4 Whilst EcigZoo uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
19. Changes to the Service and these Terms and Conditions
EcigZoo reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If EcigZoo is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
20. Availability of the Website
20.1 The Service is provided as is and on an as available basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
20.2 EcigZoo accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
21. Limitation of Liability
21.1 To the maximum extent permitted by law, EcigZoo accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its content at their own risk.
21.2 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
22. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
23. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
24. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and EcigZoo.
25. Communications
25.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to customerservices@ecigzoo.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
25.2 EcigZoo may from time to time send you information about our products and/or services. If you do not wish to receive such information, please email customerservices@ecigzoo.co.uk.
25.5 Ecigzoo reserves the right to alter to terminate all reward points or loyalty schemes without compensation.
26. Law and Jurisdiction
These Terms and Conditions and the relationship between you and EcigZoo shall be governed by and construed in accordance with the Law of England and Wales and EcigZoo and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Model Cancellation Form
To:
EcigZoo
25 Market Place,
Wisbech
Cambridgeshire
PE13 1DQ
email: customerservices@ecigzoo.co.uk
I/we hereby give notice that I/we cancel my/our order/contract of the following goods:
Ordered on: Received on:
Name of consumer:
Address of consumer:
Date:
