Definitions
Buyer means the individual or organisation that buys or agrees to buy the Goods from the Seller.
Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
Goods means the articles that the Buyer agrees to buy from the Seller.
Seller means iVapour, iVapour Limited, Minerva House, 5 Montague Close, London, SE1 9BB
(PLEASE NOTE: This the company registered address, not the returns address, or for other general contact; for all returns, please see Returns section below)
Buyer meansthe Customer who places an order via the iVapour Websites.
Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
iVapour may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written permission.
In the result of any waiver in respect to our terms we reserve the right to hold all terms relevant in the future.
Conditions
Products on the website are not intended to diagnose, treat, cure or prevent any disease. Information and statements made are for educational purposes and are not intended to replace the advice of a health care professional. By purchasing these products, the Seller agrees to use products at the Seller's own risk. Under no circumstances will iVapour/JANTY™ be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on any product on this site.
The Seller will only sell products to adults of the age 18 or older. People with heart conditions, blood pressure problems and/or pregnant should not use these devices. Customers shall consult with their physician prior to using a personal vaporizer. The Seller makes no claims as to the success this product may have for use as a smoking cessation device.
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WARNING: KEEP PRODUCTS OUT OF SIGHT AND REACH OF CHILDREN
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Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller's address at iVapour, PO Box 615, York YO62 6WN
Ordering
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
The Buyer must be 18 or over to view and purchase nicotine containing goods from the Seller. The Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods. If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
By purchasing, the Buyer agrees that all details provided to the Seller for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card being used is owned by to Buyer, and that there are sufficient funds to cover the cost of the goods or services ordered.
All products and services are subject to availability. The Seller endeavors to keep accurate stock levels; however, in the event where the Goods ordered by the Buyer are not available from stock, it will be deleted from the Buyer's order or replaced with a similar product. If the item purchased is still required and a similar replacement cannot be found, the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
Once The Buyer's order has been placed and completed online the Buyer will be sent an automated e-mail confirmation of the order. This e-mail is generated by the Website and does not necessarily mean that the Seller can definitely meet the Buyer's order. It simply confirms that the Buyer's order and all relevant details were received and are progressing through the Seller's system.
The Seller may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time without notice. If an Order is cancelled, any payment made for the Products will be refunded in full. This does not affect the Buyer's Statutory Rights.
When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process Section. The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
The Seller only intends on selling products for delivery to the UK; but the Seller will consider selling and shipping abroad: please enquire via email to admin@ivapour.co.uk about any overseas orders or other general enquiries.
Pricing and Payment
The price of the Goods shall be that which is stipulated on the Website. The price is inclusive or exclusive of VAT. Any pricing errors will result in the Buyer's order being suspended until which time we can contact the Buyer via the methods provided. In the instance that the Seller cannot contact the Buyer, the Seller will render the order cancelled and all payment refunded as per terms and conditions.
All orders must be paid for in full before any goods will be shipped. All products are subject to availability and remain the property of the Seller until paid for in full.
No information (personal or financial) of the Buyer will be shared with any third party. All credit/debit card details are encrypted using a secure ordering system. The Buyer's bank or credit card company may require security checks to validate your purchase.
Delivery
The Seller endeavours to process and ship the Order on the next working day after payment is made. In any event, time of delivery shall not be of the essence, and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
Rights of the Seller
The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Seller reserves the right to withdraw any goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
The Seller shall not be made liable in the event of any misuse of any products (or elements of) carried out by the Buyer or any third party.
Warranty
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller, except where the Buyer is dealing as a Consumer.
Only certain items come with a warranty (e.g. batteries) of which the warranty duration is stated (where applicable) on the product listing page. Other items do not come with a warranty (e.g. tanks and coil heads) as they are considered consumable components which degrade in performance over a more limited period of time, but are guaranteed to be in fully working order upon arrival.
Warranties do not apply and are made void in the event of misuse or negligence of any element of product, carried out by the Buyer or any other third party.
All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
Returns
The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery confirming via email if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. If the Buyer would like to return any goods for any reason at all, the Buyer may do so within 7 days of receiving the purchased goods. Goods returned must be in a new and unused condition. The Seller will refund the cost of the goods; however shipping charges are non-refundable.
Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller for a replacement after receiving prior confirmation by the Seller via e-mail. If an item is found defective and it is still within the manufacturers warranty, Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. Upon delivery of the returned Goods to the Seller, the Buyer will receive a refund of all monies paid for the Goods; or replacement goods will be arranged, depending on the discretion of the Buyer and agreement of the Seller.
In the event of returned non-faulty Goods, the buyer may do so within 7 days of receiving the purchase. Goods returned must be in a new and unused condition. The seller will refund the cost of the Goods; however shipping charges are non-refundable.
Prior consent from the Seller must be approved via e-mail before any Goods are shipped back to the Seller. All returns are the responsibility of the Buyer until the returned Goods reach the Seller. Goods to be returned must clearly show the order number of the original purchase on the package. Where returned Goods are found to be damaged due to the Buyer’s fault, the Buyer will be liable for the cost of remedying such damage.
Refunds and warranties will not be applied to Goods that have been damaged due to misuse or negligence or not correctly following the instructions supplied with the product, or manuals available to view on the iVapour website.
Limited Warranties
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Limitation of Liability
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions (or elsewhere on our website) shall exclude or limit the liability of the Seller for fraud, death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
Subject to this, our liability to any third party in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-of-charge, the Seller will not be liable for any loss or damage of any nature;
(b) the Seller will not be liable for any consequential, indirect or special loss or damage;
(c) the Seller will not be liable for any loss of health, profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) the Seller will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.
Waiver
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Changes of Terms
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
Indemnity
Any Buyer or third party hereby indemnifies the Seller and undertakes to keep the Seller indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Seller to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by the Buyer of any provision of these terms of use, or arising out of any claim that the Buyer have breached any provision of these terms of use.
Breaches of these terms of use
Without prejudice to the Seller's other rights under these terms of use, if the Buyer or any third party breach these terms of use in any way, the Seller may take such action as we deem appropriate to deal with the breach, including suspending any person's access to the website, prohibiting any person from accessing the website, blocking computers using any person's IP address from accessing the website, contacting any internet service provider to request that they block any person's access to the website and/or bringing court proceedings against any person or third party.
Variation
The Seller may revise these terms of use from time-to-time. Revised terms of use will apply to the use of the Seller's website from the date of the publication of the revised terms of use on the Seller's website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
The Seller may transfer, sub-contract or otherwise deal with the Seller's rights and/or obligations under these terms of use without notifying or obtaining consent of any person.
It is not permitted for any person to transfer, sub-contract or otherwise deal with their rights and/or obligations under these terms of use.
Severability
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Exclusion of third party rights
These terms of use are for the benefit of any Buyer, Consumer or any third party and the Seller, and are not intended to benefit any third party or be enforceable by any third party. The exercise of the Seller's and any other person's rights in relation to these terms of use is not subject to the consent of any third party.
Entire agreement
These terms of use, together with the Seller's privacy policy, constitute the entire agreement between the Buyer and the Seller in relation to any person's use of the Seller's website, and supersede all previous agreements in respect of all use of this website, in whatever form.
Law and jurisdiction
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.