Terms & Conditions
TERMS AND CONDITIONS
These
terms and conditions relate to PHOENIX VAPING LTD trading as Phoenix Vaping.
Every effort is made to update
the information contained on this website. Neither the Website Owner nor any
third party, data or content provider make any representations or warranties,
whether express, implied in law or residual, as to the sequence, accuracy,
completeness or reliability of information, opinions, research information,
data and/or content contained on the website (including but not limited to any
information which may be provided by any third party or data or content
providers) (“information”) and shall not be bound in any manner by any
information contained on the website.
The Website Owner reserves the
right at any time to change or discontinue without notice any aspect or feature
of this website. No information shall be construed as advice and information,
any description is offered for information purposes only, and is not intended
for trading purposes. You rely on the information contained on this website at
your own risk. This website should not be used as a replacement for advice from
a medical professional. If you find an error or omission on this site, please
let us know.
By placing an order with us or by
using our website, you agree to these terms and conditions.
Goods
Goods and Services are available
only to individuals who we, in our absolute discretion, consider eligible. The
eligibility criteria include, without limitation to, those whose applications
are acceptable to us.
Services that come with minimum
term contracts are only available to individuals who are 18 years old or over
and, by ordering or otherwise purchasing such Services, you confirm that you
are 18 years old or over.
Delivery
We do not store credit card
details nor do we sell customer details to any third parties. Once you have
placed an order, if we are unable to ship any part of it, we may at our sole
discretion, either send you part of the order that is in stock or remove
item(s) from the order.
It is your obligation to enter
the correct delivery address at the time of ordering. If you enter the wrong
address, we are not obliged to resend the order to the correct address at our
expense. The delivery address cannot be changed once the order has been
shipped. All deliveries are estimated dates only and not guaranteed unless
otherwise stated. We use various delivery methods and delivery times may vary.
We will strive to have all orders delivered within 3 working days. A full list
of Royal Mail services is available on their website.
Please note that delivery does
NOT include Saturday or Sunday deliveries and orders placed after 3pm on Friday
and throughout the weekend will not be despatched until Monday for a Tuesday
delivery.
We reserve the right to charge
extra fees to deliveries falling outside the standard Royal Mail prices. We
offer no guarantees on delivery times unless otherwise stated in writing.
In order to confirm that an order
shipped via post has indeed been lost, we must wait 15 working days (3 weeks)
before claiming against Royal Mail. Most lost items are located within the
postal system within this period of time. If your item is lost or undelivered,
you should contact your local Delivery Office to see if they are holding the
order, having already tried unsuccessfully to deliver it to you. We will not be
held responsible for lost parcels caused due to an incorrect delivery address
entered by the customer.
At peak times, especially around
Christmas and Public Holidays, and during bad weather, deliveries may take
longer than anticipated to arrive. Although we will assist you in any way we
can, we cannot be held responsible for any delays experienced.
Returns
and Exchanges
Return of Unwanted items –
Cooling off Period
It is your responsibility to
contact PHOENIX VAPING by email to advise us of your intention to return or
exchange any item(s) within 7 days of receipt. After this date, it falls solely
within the discretion of PHOENIX VAPING if a return or exchange will be
accepted.
Once notified, all unused items
should be received at PHOENIX VAPING within 14 days from the date of
notification for this condition to apply. We highly recommend that items are
returned via a Recorded Delivery service as we do not accept responsibility for
items lost in the post. It is your responsibility to ensure the goods are
adequately packaged to ensure that they are not damaged during return transit.
You must return items to PHOENIX
VAPING by using the returns and exchanges procedure.
We cannot accept any e-liquid for
return unless it is unused with the tamper-evident cap in place.
Return of
Faulty or Damaged Items
Faulty items will be accepted up
to the manufacturer’s warranty terms. This does not affect your statutory
rights.
It is your responsibility to
ensure the goods are adequately packaged to ensure that they are not damaged
during return transit. We will not issue a return or exchange unless the
item(s) are in a reasonable condition upon return.
Once we receive the returned
items at our warehouse, you should allow a further 14 days for a replacement to
be resent.
DOA stands for ‘Dead on Arrival’.
If you have a product that carries such a warranty, you have 48 hours to
inspect the goods and contact us should there be any problems. If you do not
contact us during this time and come across a DOA item, the warranty will be
invalid.
Failed
Deliveries
If you are not available to receive your items and they are returned to us, we will charge £10 restocking fee if you decide not to have the items re-delivered.
Refunds
Any refunds due back to you will
be refunded via the same means as when the order was placed and by no other
methods.
If you used a debit or credit card to pay via Paypal, any refund will also be processed by Paypal. Please allow 14 days.
External Links
External links may be provided
for your convenience, but they are beyond the control of the Website Owner and
no representation is made as to their content. Use or reliance on any external
links and the content therein provided is at your own risk.
When visiting external links, you
must refer to that external website’s terms and conditions of use. No hypertext
links shall be created from any website controlled by you or otherwise to this
website without the express prior written permission of the Website Owner.
Please contact us if you would like to link to this website or would like to
request a link to your website.
Warranties
The Website Owner makes no
warranties, representations, statements or guarantees (whether express, implied
in law or residual) regarding the website, the information contained on the
website, your or your company’s personal information or material and
information transmitted over our system.
Disclaimer
of Liability
The Website Owner and its
directors, shareholders and associated persons shall not be responsible for and
disclaim all liability for any loss, damage (whether direct, indirect or
consequential), personal injury or expense of any nature whatsoever which may
be suffered by you or any third party (including your company), as a result of
or which may be attributable, directly or indirectly, to your access and use of
the website, any information contained on the website, your or your company’s
personal information or material and information transmitted over our
system.
In particular, neither the
Website Owner nor any third party or data or content provider shall be liable
in any way to you or to any other person, firm or corporation whatsoever for
any loss, liability, damage (whether direct or consequential), personal injury
or expense of any nature whatsoever arising from any delays, inaccuracies,
errors in, or omission of any share price information or the transmission
thereof, or for any actions taken in reliance thereon or occasioned thereby or
by reason of non-performance or interruption, or termination thereof.
Use of
the Website
The Website Owner does not make
any warranty or representation that information on the website is appropriate
for use in any jurisdiction (other than Great Britain). By accessing the
website, you warrant and represent to the Website Owner that you are legally
entitled to do so and to make use of information made available via the website.
Agreement
These website terms and
conditions constitute the sole record of the agreement between you and the
Website Owner in relation to your use of the website. Neither you nor the
Website Owner shall be bound by any express tacit or implied representation,
warranty, promise or the like not recorded herein. Unless otherwise
specifically stated, these website terms and conditions supersede and replace
all prior commitments, undertakings or representations, whether written or
oral, between you and the Website Owner in respect of your use of the
website.
In the unlikely event that an
incorrect price is shown on our website, we reserve the right to abstain from
fulfilling the order at that price. You will of course be notified, and at
which point you will be informed of the correct price and given the choice to
proceed with the order. You agree that your order is an offer to buy the
Products under these Sales Terms.
All orders must then be accepted
by us. We may choose not to accept abnormal orders and orders which are not
placed in good faith. Voucher code offers are open to the public only and
PHOENIX VAPING reserve the right to cancel any order to anyone believed to be
representing a trade buyer or retail establishment. Our concentrates are for
personal use only and not for commercial re-sale without our express written
permission. After having received your order, we will send you an order
confirmation email with your order number and details of the items you have
ordered. Please note that the Order confirmation email is not an acceptance of
your order.
Acceptance of your order and the
formation of the contract of sale between PHOENIX VAPING and you and will not take
place unless and until you have received an email confirmation of your order
being despatched. Please note that PHOENIX VAPING reserves the right to cancel
your order at any time before you receive your ordered items.
Alteration
The Website Owner may at any time
modify any relevant terms and conditions, policies or notices. You acknowledge
that by visiting the website from time to time, you shall become bound to the
current version of the relevant terms and conditions (the “current version”)
and, unless stated in the current version, all previous versions shall be
superseded by the current version. You shall be responsible for reviewing the
then current version each time you visit the website.
Conflict
Where any conflict or
contradiction appears between the provisions of these website terms and
conditions and any other relevant terms and conditions, policies or notices,
the other relevant terms and conditions, policies or notices which relate
specifically to a particular section or module of the website shall prevail in
respect of your use of the relevant section or module of the website.
Waiver
No indulgence or extension of
time which either you or the Website Owner may grant to the other will
constitute a waiver of or, whether by estoppel or otherwise, limit any of the
existing or future rights of the grantor in terms hereof, save in the event or
to the extent that the grantor has signed a written document expressly waiving
or limiting such rights.
All provisions of any relevant
terms and conditions, policies and notices are, notwithstanding the manner in
which they have been grouped together or linked grammatically, severable from
each other. Any provision of any relevant terms and conditions, policies and
notices, which is or becomes unenforceable in any jurisdiction, whether due to
voidness, invalidity, illegality, unlawfulness or for any reason whatever,
shall, in such jurisdiction only and only to the extent that it is so
unenforceable, be treated as pro non scripto and the remaining provisions of any
relevant terms and conditions, policies and notices shall remain in full force
and effect. Please contact us if you require clarification on any of the terms
in this statement.
Applicable
Laws
Any relevant terms and
conditions, policies and notices shall be governed by and construed in
accordance with the laws of Great Britain without giving effect to any
principles of conflict of law. You hereby consent to the exclusive jurisdiction
of the High Court of Great Britain in respect of any disputes arising in
connection with the website, or any relevant terms and conditions, policies and
notices or any matter related to or in connection therewith.
Accessing
the Site
We cannot guarantee that the Site
will operate continuously or without interruptions or be error-free. You must
not attempt to interfere with the proper working of the Site and, in
particular, you must not attempt to circumvent security, tamper with, hack
into, or otherwise disrupt the Site or any computer system, server, router or
any other internet-connected device. We cannot and do not guarantee or warrant
that any content of the Site will be free from infection, viruses and/or other
code that has contaminating or destructive properties.
You are responsible for
implementing sufficient procedures and virus checks (including anti-virus and
other security checks) to satisfy your particular requirements for the safety
and reliability of data input and output. We do not accept liability for any
losses or claims arising from any inability to access the Site or any failure
to complete a transaction.
Promotions
and Discount Codes
Promotions and discount codes
cannot be used in conjunction with each other and cannot be redeemed against
sale/clearance products.
Data
Protection
Our policy is that we will not pass or sell on any customer details we collect to any third party without your permission. Credit card details are entered on a secured page and they are transferred using SSL technology.
Descriptions
The descriptions and pictures on
the website are a guide to the style and look of our products. We try to make
them as accurate as possible but cannot be held responsible for minor
differences.