Terms and Conditions
1.1) These terms and conditions govern the use of the website www.varietyevape.co.uk and the supply of our products to you, which can include goods, services or digital content.
1.3) It is important that you read carefully before you agree to be bound by these terms and conditions, and before placing your order with us as it states who we are, the ways and manner we will provide products to you, the process and conditions for changing or ending the contract, what to do in a situation where there is a problem or you are dissatisfied with a product we supplied to you. Please contact us if you identify an error in these terms and conditions.
WHO WE ARE
2.1) We are Wholesome Vape Limited trading as Variety E-Vape Online, a limited company registered in England and Wales with registration number 10134462. Our registered and trading address is No 547 Oxford Road Reading RG30 1HJ.
2.2) The website varietyevape.co.uk is owned and managed by Wholesome Vape Limited.
2.3) You can contact us via e-mail at firstname.lastname@example.org or by phone on 01189967352 or you can contact us by post to Customer Services, Variety E Vape, 547 Oxford Road, Reading RG30 1HJ.
Where the reason you are contacting us by post or email is to do with an order you have placed or are looking to place, please include details of the order.
Where the reason for the contact is the cancellation of an order or service, the cancellation becomes effective from the date the cancellation email was sent to us.
2.4) Where we need to contact you, we would do so by telephone or via email using the email address or phone number you provided in the process of placing an order with us. If we have to write to you, we will use the address details you supplied in the process of placing an order with us.
"For the purpose of these terms and conditions; Writing" includes emails, so where we use the word “write” or “written” this includes emails.
YOUR CONTRACT WITH US
3.1) When you place an order with us, only consider the order as accepted, when you receive an email from us confirming acceptance of your order, this is the point at which a contract is established.
3,2) In the event, we are unable to accept your order, we will contact you by email and state the reason why we are unable to accept your order and we will not charge you for the order. We may be unable to accept an order due to any of the following reasons:
- the product ordered is sold out or not available at the time the order is placed.
- the credit reference or checks obtained fails to meet our minimum requirement.
- By law we are unable to sell electronic cigarette products to any person or persons under the age of 18 years of age. If for any reason we believe that you are not 18 years of age or over, we would request that you supply us a valid proof of age, before we can fulfil your order.
- There is an error in the price or description of the product.
- we are not able to meet a delivery dateline
3.3) Every order we accept would be given an identification number that is unique to the order and would be included in the acceptance email. In a situation you wish to contact us to discuss an accepted order, we would ask for the unique order number.
THE PRODUCT WE SUPPLY
4.1) We supply electronic cigarette and vaping products and as such it is important you are made aware of the following:
4.1A) E-liquid, Tanks, Clearomizers, and other vaping and e-cigarette accessories purchased from us, have user manual and guidance notes enclosed in the pack and as such they must only be used in-line with the instructions provided in the enclosed manual. Where you are not sure of how to use a product you purchased from us or have any concerns or question, please contact us on 01189967352 or email us on email@example.com, so we can provide guidance on how to use the product.
4.1 B) Almost all our e-liquid products contain Nicotine, though in different variations. Nicotine can be addictive and toxic and as such, our e-liquid products are intended for use by smokers who are switching from the use of conventional cigarettes to vaping and these persons must be of the legal smoking age. Our products are not for use by non-smokers and women who are pregnant. People with pre-existing medical conditions should consult their doctors and healthcare professional before deciding to purchase any of our products. We would not be held liable, where a person fails to consult with their GP before purchasing any of our products.
4.1 C) The inhalation products and devices we supply, and their accompanying accessories are not supplied as smoking cessation aids and have not been approved by any authority for such a purpose. They are not intended to treat, prevent or cure any disease, conditions or addiction.
4.1 D) Nicotine e-liquid can be dangerous if ingested, especially in large quantities. If ingested by a child, it can lead to fatality. Also, some ingredients contained in e-liquid can be toxic to animals.
4.1 E) In the event of an unintentional ingestion, please, immediately seek medical advice.
4.1 F) Whether our e-liquid or cartomizer products contain nicotine or not, ensure they are stored safely when not in use, and kept out of reach and sight of children, and pets always.
4.1 G) E-liquid can cause irritation to the skin, where it comes into contact with the skin, where this happens, ensure the affected area is washed with soap and water. If by accident e-liquid comes into contact with the eyes, ensure you rinse the affected area of the eyes thoroughly and immediately sort medical advice.
4.1 H) E-liquid must not be consumed as food or drink, and you should wash your hands after handling e-liquid products.
4.1 I) We have taken every possible measure to ensure e-liquid products we supply have a child proof packaging and all necessary warnings are displayed on packaging and labelling. We cannot be held liable for any personal injury or claims that may result from failure of a person to use a product in accordance with the warnings and instructions included in the guidelines, product manuals and in this clause.
4.2 A) Our battery and charger devices should only be used in accordance with the instructions and guidance provided in the manual and if you are unsure or have any inquiries or concerns about using a battery or charging device supplied by us, you should contact us on firstname.lastname@example.org or on 01189967352
4.2 B) E-cigarette products and batteries supplied by us to you must be charged using the charging lead that is enclosed with the product or recommended as suitable for the device. This is to ensure the safety of the device as well as your safety. We strongly warn against the use of mobile phone chargers to charge e-cigarette batteries we supply.
BATTERY SAFETY INFORMATION
- Batteries must be charged correctly, so you must ensure that the current and voltage used to charge the batteries must be as stated in the instructions.
- Batteries should not be charged where the temperature is excessively cold or hot.
- Batteries should not be left in charger for over 24 hours and should not be left unattended to while charging.
- Batteries should not be charged using a modified or damaged charger.
- The discharging current should not exceed the level set out in the instructions. If it does this may cause the battery to overheat.
- Batteries should be stored at the right temperature, store at an ambient temperature in dry, well-ventilated conditions.
- Batteries must be stored in battery cases when not in use and must not be carried around loose in bags or pockets.
- Ensure batteries do not come into contact with any metal objects such as coins or keys, as this can lead to leakage, explosion or fire.
- Batteries must not be used if they are damaged, abnormally hot, discoloured, deformed, wrapping is torn or any other abnormal conditions are detected. Dispose of the batteries if this occurs.
- Battery should not be allowed to come in contact with water or fire and should be disposed off, if this occurs.
- Do not put battery in microwave ovens or in any high pressure container.
Where your device uses two or more batteries, do not use or assemble batteries that are of different makes, types or models.
- Avoid excessive physical shock or vibration.
- Where liquid is leaking from a battery gets into your eyes, do not rub your eyes, immediately wash eyes with clean water and seek medical attention immediately.
- Ensure that a leaking battery is disposed of immediately and that the liquid is contained and removed as it may cause explosion or fire.
- Do not continue to use an e-cigarette type device if you feel the battery getting hot or begins to smell. IMMEDIATELY TURN OFF THE DEVICE. Allow it to cool down on a heat proof surface, preferably outside and then dispose of it safely, or contact us if still under warranty.
- Ensure the charger used in charging an electronic cigarette device is the one that is specified as suited for the device.
4.2 C. Disposal of batteries should be done in accordance with local regulations as each country as clear guidance on where and how to dispose of batteries.
Varietyevape.co.uk will not be held responsible for damage if there is any modification of the batteries/chargers in any form or shape and this includes pack marking.
We will not be held responsible for any damage caused by misuse or mishandling of Lithium-Ion batteries and chargers.
We will not be held responsible or liable for any injury, damage, or defect, permanent or temporary that may be caused by the misuse of any batteries.
4.3 A. While we have made every effort we can to ensure products displayed on the website are as accurate as possible, they may differ in hues from as shown on the photos on the website. The pictures of products displayed on the website are strictly for illustration purpose only. We therefore cannot guarantee that images of a device displayed will exactly match in colour with the actual product colour.
Product packaging may slightly differ from the packaging displayed on the website. We will not accept returns due to variation in product packaging or colour description.
4.3 B. Electronic cigarettes and batteries have some safety risk and as such we strongly request that you read the product instruction manuals enclosed in every pack before setting up and using a device. Further information and guidelines on products as well as battery safety are available on the website.
YOUR RIGHT TO MAKE CHANGES
5.1 Where you wish to make changes to a product you ordered, please contact us, so we can talk you through the different options that may be available. We will then let you know if the changes can be made and whether or not there may be a change in price. We will inform you of the time it will take for the changes to be applied and any other requirement that may need to be fulfilled for the changes to take place. Furthermore, we will request that you confirm whether you wish to go ahead with the change. In a situation where we cannot make the changes for whatever reason, or the consequences of making the changes are not acceptable to you, you may want to bring the contract to a close (see clause 8- Your rights to end the contract).
DELIVERY OF PRODUCTS ORDERED
6.1 Delivery costs would be exactly as displayed on the order page of the website and where there is a change to delivery cost, the change will be clearly stated on the order page of the website.
6.2 When an order is placed with us, we will inform you via email of when the product would be dispatched for delivery as well as the expected delivery date of the product. We dispatch orders that are placed and paid for same day, provided the order is placed before 3 pm, this excludes orders placed over the weekend or bank holidays. We aim to deliver the product to you within 2 days from the day the order is accepted and paid for, and in a situation we are unable to, we will deliver the product within 30 days after the day the order is accepted and paid for.
6.3 We will not take responsibility for delays outside our control. In a situation where there is a delay in the delivery of an order that is outside our control, we will contact you as soon as possible to let you know and we will take all necessary steps to mitigate the impact of the delay. We will also take every necessary action to minimise the impact of the delay, we will not be held liable for such delays caused by the event. In the event of a substantial delay as a result of an event outside our control you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 In a situation where you are not at home to take delivery of a product and no one over the age of 18 is available at the address to take delivery the product will not be delivered, the courier will leave you a note informing you of how to rearrange delivery or collect the products from their local depot.
6.5 Where a delivery of an order to you fails as a result of your not being available at the delivery address to take delivery and a re-delivery arrangement is not made or confirmed by you or collection arranged with the delivery depot within 14 days, the order would be returned to us. As soon as we receive the order back, we will contact you to obtain further instructions and there may be a charge for a second delivery. If we attempt to contact you to re-arrange a delivery or collection, but to no avail, we will end the contract under clause 10.
OWNERHSHIP AND RESPONSIBILITY FOR PRODUCT
6.6 Once and order is delivered to the address you provided us the product instantly becomes your responsibility.
6.7 You own a product or products ordered from us from the moment it is despatched to you.
PRICE AND PAYMENT
7.1. The price of the product shall be the price stated on the website, and where there is a change in price, it will also be displayed on the website for you to see before you place the order. Prices include VAT at current rates unless stated otherwise.
7.2. If payment for a product is not made, we will refuse to ship out the product to you and we may cancel the agreement.
7.3. We would require you confirm ownership of any payment method you use to place an order with us.
7.4. Payment methods require validation checks and authorisation by your bank and as such we will not be held liable for any delay or non-delivery caused by failure of such checks or authorisation.
YOUR RIGHTS TO END THE CONTRACT
8.1 You have the right to end your contract with us at any time. However, this right will depend on whether there is a fault with the product we supplied to you, how we have performed and the point in time you decided to end the contract.
If the product you purchased from us is faulty or the information provided about the product was mis-described, you may have a legal right to terminate the contract or to request a repair or replacement or request some or all of the money you paid for the product refunded. See Clause 11
(b) Where you want to end the contract due to something we have done right or wrong or something we told you we will do, please see clause 8.2
©Where you want to end the contract because you have just changed your mind not because we have done something wrong or are going to do something wrong, please see clause 8.3. In this case, you may be able to get a refund if you are within the cooling off period, this may however be subject to deductions and you may have to pay the cost of return of goods.
8.2 Where you wish to end the contract because of the reasons set out in 8.1 (a) 8.1(b) and 8.1 (c) above, the contract will be terminated immediately and we would refund you in full for any product which have been supplied, we will request you return the product back to us. The reasons for the refund would be:
(a) that an error has been identified in the price or description of the product you have ordered and you do not wish to continue with the contract:
(b) that there is a risk that the supply of the products to you may be significantly delayed due to events outside our control;
(c) you have a legal right to end the contract because of something we have done wrong.
8.3 You have the right to change your mind under the Consumer Contracts Regulations 2013. For most products purchased online, if you are a UK resident, you have the legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Products for which you do not have the right to change your mind. You do not have a right to change your mind where the product purchased is sealed for health protection or hygiene purposes (for example vape kits, coils, drip tips, E-liquid). Once the seal of this products has been broken, it cannot be used by someone else.
8.6 How long do I have to change my mind? You have 14 days after the day the product has been delivered to your specified address.
HOW TO END THE CONTRACT WITH US
9.1 To end your contract with us, please let us know by calling customer services on 01189967352 or email us at email@example.com Please ensure you include your name and order number or your name and home address.
9.2 If you end your contract with us for any reason after products have been dispatched to you or have been delivered to you, you must return the products to us. The products must be returned by post to Variety E-Vape Online at No 547 Oxford Road, Reading, Berkshire, RG30 1HJ. When returning a product, please ensure you include a note with your name and order number or your name and address and please state the reason for the return. Where you are exercising your right to change your mind you must send the products back to us within 14 days of notifying us of your wish to end the contract. We recommend that returns are sent back to us by Special Delivery or Signed for First Class to avoid the goods being lost in the post. We will not be able to make refunds unless you can prove that they were posted to us.
9.3 We will bear the costs of return:
(a) where the products are faulty
where products are misdescribed
(c) where the reason for ending the contract is because we have notified or told you of future change to the product.
(d)where there is an error in pricing or description
(e) where a significant delay in delivery as occurred due to events outside our control because you have a legal right to do so as a result of a wrong action we have taken.
In all other circumstances, which includes where you are exercising your right to change your mind, you must pay the costs of return.
9.4 How we make refunds. We will make refunds to you which would include the price you paid for the product and the delivery cost, by the method you used in making the payment. However, we may make deductions from the price, as described below.
9.5 Refunds, where you are exercising your right to change your mind:
(a) We may make deductions to your refund price to reflect any reduction in the value of the product caused by your handling of the product in a way and manner that would not be permitted in the shop. This deduction excludes delivery costs. Please see our Refunds & Returns Policy for more information about acceptable handling of products. We would adequately inspect the product before making a refund, however in a situation where we refund you the price paid before we are able to inspect the product and on inspection realise you have handled them in an unacceptably, we will request that you pay us an appropriate amount.
(b) The maximum delivery cost we refund is the cost of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product by second class post which may take 1-3 days at one cost but on placing your order you chose to have the product delivered by next day or same day delivery which is more expensive, we will only refund the amount you would have paid if you were to have opted for a cheaper delivery option.
9.6 When will we make your refund: Any refunds due to you would be made as soon as practically possible. This would usually be after the returned product has been received and an inspection carried out on the product. If the contract cancellation is as a result of you exercising your right to change your mind, the refund will be made within 14 days from the day we receive the returned product back. For all other forms of returns, the refund will be made with 5 working days from the day the returned product is received.
OUR RIGHTS TO END THE CONTRACT
10 We may end a contract if you break the contract. Where we end a contract on a product which can be at any time, we will write to you informing you of the reason for ending the contract. We may end a contract if you do not, allow us reasonable time to deliver the products to you or arrange collection of the products.
WHERE THERE IS A PROBLEM WITH THE PRODUCT
11.1 If you have questions or complaints about a product, please contact our customer service team on 011899673522 or by writing to us at 547 Oxford Road, Reading, RG30 1HJ or sending us an email at firstname.lastname@example.org
11.2 Summary of your legal rights. We have a legal responsibility to supply products that conform with this contract.
11.3 Your obligation to return rejected products. Where you wish to exercise your legal rights to reject a product, you must return the product by post back to us. Please see clause 9.2 on how to return products to us.
LIMITATIONS AND LIABILITY
12.1. We will not be held liable for any loss or damage in circumstances where:
12.1. A. there is no breach of a legal duty of care owed to you by us; and/or
12.1. B. such loss or damage that is not reasonably foreseeable.
12.2. We will not be liable for any loss or damage caused wholly or mainly by your breach of these Conditions.
12.3. 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.
12.4. Nothing in these Conditions shall:
12.4.A. 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
12.4.B. limit your rights as a consumer under applicable UK law.
12.5. 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.
12.6. 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.
12.7. Each provision of this Clause 12 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.