General Terms and Conditions
By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below.
"Vape Shack" means Liverpool Vape Shack Ltd, 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 Liverpool Vape Shack Ltd, a company registered in England and Wales under the number 09905061 with registered office located at 59 Kemble Street, Prescot, Liverpool, L34 5SE
"Website" means either one of the websites located at www.vapeshack.co.uk/www.vapeshackprescot.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; 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 Goods 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.
1.6 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 The descriptions and images of the Products on our site are for illustrative purposes only, we attempt to make them as accurate as possible but are not responsible for minor differences. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
1.9 The packaging of the Products may vary from that shown on images on our site.
2.1. Goods 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 of Europe and the US. All products on our website are restricted to individuals over the age of 18 only. Any order placed through our website will be subject to automatic age verification checks, in the event of a failure the order will be cancelled with immediate effect.
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 despatch 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 acknowledgment 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 despatched when we have reason to believe that an error has occurred. 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 a 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 7 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. Consumers should be aware that if they wish to exercise their right to cancel an order that has already been despatched, 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 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 Goods and or Services to you with your agreement.
4.3.3. A working day is any day except Saturday, Sunday and UK public holidays.
4.3.5. 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 Liverpool Vape Shack Ltd, 59 Kemble Street, Prescot, Liverpool, L34 5SE, 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. The use would include, but not be limited to breaking the seal on a bottle of E-Liquid, putting E-Liquid into a tank, or putting coils into an RDA or RTA. We reserve the right to charge you for the value of any Goods returned which have been used or damaged whilst in your possession, up to the full cost price of the Goods.
4.3.11. If you cancel your order in this accordance, 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 4.3.5) within 30 days.
5. Your Personal Information
5.1. We need to collect certain Personal Information to provide you with the Goods and/or Services.
5.3. You will have the opportunity to consent to us contacting you by post, email, phone, SMS, or MMS about products and services which Liverpool Vape Shack Ltd and carefully selected third parties we believe may be of interest to you. You can make changes to your marketing preferences at any time by calling us on 0151 426 1617 or emailing firstname.lastname@example.org. Please note that it may take up to 28 days for such changes to take effect.
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 for 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.
6.8. We are not liable for any other losses or damage (including indirect or consequential loss, financial loss, loss of profits, or loss of use) arising from the contract of the supply of goods or their use.
7.1. Force Majeure/Events Beyond the Parties Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
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
8.1. If you wish to make a complaint you may do so in the following way:
8.1.1. by calling 0151 426 1617
8.1.2 by emailing email@example.com
9. Age of Consent
You may only purchase Products or services from our site if you are at least 18 years old. We may carry out an independent verification to check your age and if we discover that you are not legally entitled to order the Products, we shall be entitled to cancel the order immediately, without notice. If you falsely declare your age to us you shall be held responsible for all costs, expenses, losses, damage fines, and other penalties that we may suffer or incur as a consequence of your false statement. By ordering Products from this website, you hereby consent to us undertaking a search with any other 3rd party age verification service for the purposes of verifying your identity.
10. Product Warnings, Regulations & Seizures
10.1. All products sold on our website wherever necessary will be provided with UK plugs unless otherwise stated.
10.2. All packaging and warnings are compliant within the UK, manufacturers may take measures in making these warnings compliant with other countries but the responsibility will fall on the buyer if the product is resold (wholesale customers only)
10.3. As a resident outside of the UK, you are accepting any customs and clearance fees that may be applied to your package, Evolution Vaping will not be responsible for these charges unless they are paid at the time of ordering. Evolution Vaping will not be held responsible for any orders seized at customs outside of our control. We will endeavour to provide properly packaged and marked parcels to ensure the minimum likelihood of this happening.
11. International Delivery
11.1. There are restrictions on some Products for certain International Delivery Destinations, if we are unable to deliver all or part of your order, we will inform you and either offer a full refund or ship the part of the order we can deliver and offer a partial refund for the difference.
11.2. Your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.3. You will be responsible for the payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11.5. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
12. Guideline for use of the products
12.1. You agree that you will read and comply with any instructions and product warnings on the Products.
12.2. You acknowledge that 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.
12.4. 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) nicotine-containing 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.