Terms of Use and Privacy Policy

Terms of Use

Who We Are

Our website address is https://ecigaretteweb.co.uk. We are Vivid Position Ltd, a company registered in England and Wales under company number 07211902. Our registered office address is Units Scf 1 & 2, Western International Market, Hayes Road, Southall, Middlesex, UB2 5XJ. Our VAT number is 104681630 and Telephone number is 0844 543 0991.

Use of Website

Your use of our site is governed by these Terms of Use. Please take the time to read these, as they include important terms which apply to you.

Contacting Us

To cancel a Contract in accordance with your legal right to do so as set out below, you just need to let us know that you have decided to cancel. You can do this by filling out our “Contact Us - Form" at https://ecigaretteweb.co.uk/contact-us/ or by emailing us at info@ecigaretteweb.co.uk. Please include details of your order and order number to help us to identify it.

If you wish to contact us for any other reason, please contact us by filling out our “Contact Us - Form” at https://ecigaretteweb.co.uk/contact-us/ or by emailing us at info@ecigaretteweb.co.uk

Products

You may only purchase products from our site if you are over the age of 18 years old and you must be aware of the following:

Cartomisers and E-liquid

(a) Our cartridges and e-liquid products must only be used in accordance with the instructions provided and if you have any questions or concerns about their use, you should contact us.

(b) The majority of our cartridges and e-liquid contain nicotine. Nicotine can be a toxic and addictive substance. Nicotine-containing liquids are only intended for use by committed smokers of legal smoking age (18 years), and they are not intended for use by non-smokers, children, women who are pregnant or may have become pregnant or by any person with an elevated risk, or pre-existing condition of any medical condition, which includes but is not limited to, heart disease, diabetes, high blood pressure, emphysema or asthma, unless such use has been recommended or approved by your GP. Should you feel unwell, you should stop using the product and consult a doctor.

(c) Our e-liquids, cartomisers and inhalation devices are NOT provided as smoking cessation aids, and they have not been approved by the MHRA, EMA or FDA for this purpose. Our e-liquids, cartomisers and inhalation devices are not intended to treat, prevent or cure any disease, conditions or addiction.

(d) Any e-liquid containing nicotine may be harmful if ingested in sufficient quantities, with a risk of fatality should it be consumed by a child. Other ingredients may be harmful to animals (even if the e-liquid does not contain nicotine). In the case of accidental ingestion, medical advice should be sought if you feel unwell (or immediately in the case of ingestion by a child) and the doctor shown the bottle and packaging from which the product was consumed. All of our e-liquid and cartomiser (whether nicotine-containing or otherwise) products must be safely stored when not in use, and they must be kept out of the reach of children and animals at all times.

(e) Skin contact with e-liquid may be harmful and should be avoided wherever possible. If the product comes into direct contact with the skin, the affected area should be washed with plenty of soap and water. If the product comes into contact with the eyes, the affected area must be rinsed thoroughly and medical advice sought. If e-liquid is spilled onto clothing, this should be washed before reuse.

(f) Do not eat, drink or smoke when handling e-liquids and wash your hands thoroughly after handling any e-liquid product.

(g) Whilst every measure has been taken to make our packaging child-proof and all appropriate explicit warnings and cautions explicitly provided on packaging and labelling, we cannot be held responsible for any personal injury arising from or attributable to a failure to comply with the warnings and instructions as listed in this clause or from failure to use any product as intended or in accordance with the instructions provided with that product.

Batteries

(h) Our battery and charger products must only be used in accordance with the instructions provided and if you have any questions or concerns about their use, you should contact us.

(i) Ecigarette systems and other batteries must only be charged with the charging equipment supplied by us and specifically intended for charging that product specific to that battery type. In particular adaptors provided for charging other devices (in particular mobile phones) must NOT be used to charge our or any other electronic cigarette batteries.

(j) Batteries should never be left on charge unattended or for an extended period of time.

(k) Batteries should only be charged on a non-combustible surface.

(l) Batteries should not be exposed to any extremes of temperature or to moisture.

(m) Batteries should not be carried loose in pockets or bags where they may come into contact with other metal items. Batteries should be stored and transported in non-conductive containers.

(n) Batteries should be checked for damage prior to charging. A battery showing any signs of damage or which may have been exposed to extreme temperatures or moisture should not be charged but should be safely disposed of.

(o) Whilst every measure has been taken to ensure the safety of our batteries, we cannot be held responsible for any personal injury caused by or attributable to a failure to comply with the warnings and instructions contained in this clause or the instructions provided with the product.

The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

The packaging of the Products may vary from that shown on images on our site.

The Purchase Contract Between You and Us

Our website pages will guide you through the steps to place an order with us. Our order process allows you to check and amend before submitting your order to us. Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.

We will confirm our acceptance to you by sending you an e-mail (Web Order is now Complete) and/or by dispatching your order. The Contract between us will only be formed when we send you the Confirmation or, if sooner, the items you have ordered. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site (see below), we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

Our Right To Amend These Terms

We may amend these Terms from time to time.

Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

(a) changes in relevant laws and regulatory requirements; and

(b) changes in our business practices.

If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

Right Of Refund and Return

You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

However, this cancellation right does not apply in the case of:

(a) Sealed bottles of eliquid or packets of cartomisers once these Products are unsealed after you receive them;

(b) Sealed kits once these Products are unsealed after you receive them; or

Your legal right to cancel a Contract starts from the date of the Completion Email (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:

Your deadline for cancelling the Contract is the end of 14 days after the day on which you receive the Product.

Example: if we provide you with a Completion Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

To cancel a Contract, you just need to let us know that you have decided to cancel.

To cancel a Contract you can do this by filling out our “Contact Us - Form" at https://ecigaretteweb.co.uk/contact-us/ or by emailing us at info@ecigaretteweb.co.uk. Please include details of your order and order number to help us to identify it.

If you cancel your Contract we will:

(a) Refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (this may include opening sealed packaging where we will be unable to re-sell the goods due to hygiene reasons). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) Refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(i) If you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. Please contact us for information on how to return a Product to us.

(ii) If you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

If a Product has been delivered to you before you decide to cancel your Contract:

(a) Then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.

(b) Unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.

If you are returning any products, please contact us for a return number and to confirm the address details for the returns, as we have a marketing office and a dispatch/returns office.

Faulty Products

We have a legal duty to supply Products that are in conformity with this Contract. You have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.

If you have returned the Products to us under this clause because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges.

Delivery

We will deliver to you as soon as possible and normally within a few days. Occasionally our delivery to you may be affected by an Event Outside Our Control.

If Products are sent by a signed for service (whether Royal Mail or other courier) and no one is available at your address to take delivery, you will be left a card advising of the attempted delivery and how to rearrange delivery or collect your Products. If more than one delivery attempt is made or you do not collect the Products as instructed, the Products may be returned to our premises, in which case, please contact us to rearrange delivery at your cost.

Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

You own the Products once we have received payment in full, including all applicable delivery charges.

If any Products are not delivered within 30 days of your Order then you may cancel your Order 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

If you do not wish to cancel your order straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

If you do choose to cancel your Order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us. After you cancel your Order we will refund the monies paid to us for the cancelled Products and their delivery.

Product Price And Delivery Charges

The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.

Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

The price of a Product includes VAT at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

Our site contains a number of Products. It is always possible, that despite our best efforts some of the Products on our site may be incorrectly priced. We regularly check prices so that:

(a) Where the Products correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you or if payment has already been taken we will refund the difference paid by you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and

(b) If the Products correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

How To Pay

You can only pay for Products using a debit card or credit card as specified at the order checkout process.

Payment for the Products and all applicable delivery charges is in advance.

Our Liability

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:

(a) Death or personal injury caused by our negligence;

(b) Fraud or fraudulent misrepresentation;

(d) Any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) Defective products under the Consumer Protection Act 1987.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs 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 disaster, 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.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery with you after the Event Outside Our Control is over.

You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received and upon receipt of the products we will provide a refund.

Additional Terms

With communications, when we refer in these Terms, to "in writing", this includes e-mail.

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.

PRIVACY POLICY

What personal data we collect and why we collect it

The personal information we collect might include your name, address, telephone number, email address, your IP address, which pages you may have visited on our website and when you accessed them.

We will only use your personal information to deliver the products/services you have requested from us, and to meet our legal responsibilities.

We obtain information about you when you engage with us to deliver our products/services and/or when you contact us to enquire about our products/services, through our website or by email, telephone or post. We may also obtain information about you from third parties and/or publicly available resources.

Cookies

We use some cookies on our website. If you do not know what cookies are, or how to control or delete them, then we recommend you visit http://www.aboutcookies.org for detailed guidance.

If you leave a comment on our site you may opt in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select "Remember Me", your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service Privacy Policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

Google Analytics – We use this to understand how the site is being used in order to improve the user experience. User data is all anonymous.

Social Buttons – On some of the pages of the site you will see ‘social buttons’. These enable users to share or bookmark the web pages. There are buttons like: Facebook, Google, Twitter, YouTube etc.

In order to implement these buttons, and connect them to the relevant social networks and external sites, there are scripts from domains outside of ecigaretteweb.co.uk.

You should check the respective policies of each of these sites to see how exactly they use your information and to find out how to opt out, or delete, such information.

Who we share your data with

We will not sell or rent your information to third parties.

We will not share your information with third parties for marketing purposes.

Visitor comments may be checked through an automated spam detection service.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website, we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Changes to or Privacy Policy

We keep this privacy policy under review and will place any updates on our website.