E-commerce Terms and Conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply vaping products to you through our online store at www.avapien.co.uk (our site).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are? We are Avapien Limited, a limited company registered in England and Wales. Our company registration number is 12198067 and our registered office is at 5 The Mall, London W5 2PJ. Our main trading address is Kemp House, 152-160 City Road, London EC1V 2NX.
2.2 How to contact us. You can contact us by emailing us at email@example.com, or by writing to us at Kemp House, 152-160 City Road, London EC1V 2NX.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Age restriction. Please note that all of our products are suitable only for persons aged 18 years and over. We reserve the right to request evidence of age before you complete your order. This will be verified through AgeCheck. Deliveries with an order value of £30 or more must be signed for (optionally, this is also available for orders with a value of less than £30, on request). Regardless of whether deliveries are to be signed for, it is your responsibility to ensure that they are received by you or a person aged 18 years or over.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because you are not aged 18 years or over, because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from, or deliver to, addresses outside the UK.
4. Our products
4.1 Our products may vary slightly from their pictures. The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our site.
4.3 Important safety information about our products. Before purchasing or using any product shown on our site, you must read our product and safety guidance page, which includes important information about safe use of the products. By purchasing a product from our site, you warrant that you have read and understood this information. If you have any questions about this information, please contact us.
5. Our rights to make changes
Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements (for example if applicable health and safety requirements change); and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6. Providing the products
6.1 Delivery cost. We do not charge for delivery for individual orders of £20 or more where the delivery address is in the UK. The cost of delivery for orders not qualifying for free delivery will be as displayed to you on our site.
6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver them to you as soon as reasonably possible, and in any event within 30 days after the day on which we accept your order. Deliveries with an order value of £30 or more must be signed for (optionally, this is also available for orders with a value of less than £30, on request). Regardless of whether deliveries are to be signed for, it is your responsibility to ensure that they are received by you or a person aged 18 years or over.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery of the products or collect them from a delivery depot, we will contact you for further instructions, and we may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the contract.
6.6 Your legal rights if we deliver the products late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products, then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
6.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straightaway, or you do not have the right to do so under clause 6.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 6.6 or clause 6.7, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to us. We will pay the costs of postage. Please email us at firstname.lastname@example.org for a return label.
6.9 When you become responsible for the products. The products will be your responsibility from the time we deliver them to the address you gave us or you or a carrier organised by you collect it from us.
6.10 When you own the products. You own the products once we have received payment in full.
6.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements (for example, any applicable updates to health and safety rules);
(c) make changes to the product as requested by you or notified by us to you (see clause 5).
6.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the products, unless the problem is urgent or an emergency. If we have to suspend supply of the products for longer than 14 days, you may contact us to end the contract, and we will refund any sums you have paid in advance for the products affected.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with the products you have bought, and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the products repaired or replace, or to get some or all of your money back), see clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) If you have just changed your mind about the products, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately, we will refund you in full for any products which have not been provided, and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the products you have ordered, and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.6).
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a 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.
7.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(b) any products which become mixed inseparably with other items after their delivery.
7.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. You have 14 days after the day you (or someone you nominate) receives the products, unless:
(a) your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products;
(b) your products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the products.
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form on our site.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Kemp House, 152-160 City Road, London EC1V 2NX. Please email us at firstname.lastname@example.org for a return label. If you are exercising your right to change your mind, you must send off the products within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind), you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
We may reduce your refund of the price to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then:
(a) If we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. For information about how to return products to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9. If there is a problem with the product
9.1 How to tell us about problems. If you have any questions or complaints about the products, please contact us. You can email us at email@example.com, or write to us at Kemp House, 152-160 City Road, London EC1V 2NX.
9.2 Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
9.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must post them back to us. We will pay the costs of postage. Please email us at firstname.lastname@example.org for a return label.
10. Price and payment
10.1 Where to find the price for the products. The price of the products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the products advised to you is correct. However please see clause 10.2 for what happens if we discover an error in the price of the products you order.
10.2 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
10.3 When you must pay and how you must pay. We accept payment with Visa Debit, Visa Credit, Discovery or via PayPal. You must pay for the products when you place your order, and before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
11. Our responsibility for loss or damage suffered by you
(a) No warranties. We make no representations, warranties or guarantees, whether express or implied, in relation to the purported health benefits of any of the products. Any references on our site to the potential health benefits of the use of any product are opinions expressed by third parties, which we do not verify or endorse in any way. You must seek your own medical advice from your doctor or other healthcare professional before purchasing or using any product shown on our site; and
(b) No liability. Subject always to clause 11.3 below, we do not accept any liability whatsoever for damage, accident, illness or injury resulting from the use or misuse of e-liquids or of any of the other products sold on our site. All products purchased are used at your own risk.
11.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 9.2.
11.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. Your personal information
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
13.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Schedule 1 Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Avapien Limited, Kemp House, 152-160 City Road, London EC1V 2NX, email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.