By purchasing goods on the websites e-cigsmart.com, you agree to be bound by the terms and conditions set out below.
1 Involved parties and definitions
“Ecigsmart” means the e-commerce site hosted at e-cigsmart.com and the company operating it: Free Vaping LTD
“Conditions” means these terms and conditions;
”Goods” means any goods you purchase under these Conditions;
”Personal Information” means the details provided by you to us;
“Services” means any services you order or otherwise purchase under these Conditions;
“Us/our/we” means Free Vaping LTD, a company registered in England and Wales under the number 11449608 with registered office located at Unit 22 Merchant, Evegate Business Park, Ashford, Kent, TN25 6SX, United Kingdom
“Website” refers to any part of e-cigsmart.com
“You/Your” means the person ordering or otherwise purchasing the Goods
- Rights and Obligations
2.1. You undertake:
2.1.1. to pay any amounts due to us in a timely manner;
2.1.2. that the Personal Information you provide is true, accurate, current and complete in all respects;
2.1.3. to notify us immediately of any changes to the Personal Information using the contact details in Clause 9;
2.1.4. not to impersonate any other person or entity or to use a false name;
2.1.5. to ensure the goods purchased are being used by persons over the age of 18.
2.2. We reserve the right to modify the price or withdraw, temporarily or permanently, some or all of the Goods available. We also reserve the right to change or add to these Conditions from time to time.
2.3. Unless you have placed an order for any Goods, by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
2.4. From time to time we may also have to make changes in the specification of any Goods:
2.4.1. to make it conform with any applicable safety or other statutory requirements; or
2.4.2. 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. Where you have placed an order for the affected Goods 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.
2.5.1. You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods, 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.
2.5.2. We shall not withdraw or modify to your substantial detriment any of the Goods 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.
2.6 Estimated time frames for delivery of Goods are estimates only and delays may arise due to matters outside of our reasonable control.
2.7. Goods may be subject to EU and US export control laws and laws of the country where they are delivered or used. Under these laws, such Goods may not be sold, leased or transferred to restricted end-users (including to nationals of Bosnia, Iceland and Serbia) or countries or for restricted end-uses (including uses related to the development, production, use, or maintenance of ”Weapons of Mass Destruction”, including without limitation, uses related to nuclear, missile, and/or chemical/biological development). If Goods are supplied to you subject to any such Export Laws, such supply is subject to you not falling into any such restricted categories.
3.1. 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 failure the order will be cancelled with immediate effect.
3.2. When requested by us, you must provide your name, phone number, address, payment details and other requested information.
3.3. Each order placed by you will be treated as an offer to purchase the Goods to which your order relates. The contract will only be completed when we dispatch the Goods or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.
3.4. You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
3.5. 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 dispatched 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 for profit.
- Price and Payment
4.1. The price of the Goods shall be the price of which we inform you prior to accepting your order. Prices include VAT at current rates.
4.2. You confirm that any payment method you use is yours.
4.3. Payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.
4.4. Once your Goods have been delivered to you, all risk of damage to, or loss of, the Goods shall pass to you.
4.5. 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. Orders may be subject to cross-border checks and additional charges which you will be liable for entirely.
4.6. 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.
- Cancellation, Returns and Exchanges
5.1. 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.
5.2. In certain situations, we may be prepared to give you a refund or exchange for Goods if you change your mind. For details on our Returns and Exchange Policy please click the tab at the top of the page titled “Returns & Refunds”. Consumers should be aware that if they wish to exercise their right to cancel an order that has already been dispatched, within 7 working days, that they will not receive a refund on the postage following any return of items.
5.3. Goods ordered online or over the phone only
5.3.1. Consumers ordering Goods at a distance (such as via telephone or online) have certain cancellation rights under the 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.
5.3.2. You may cancel any order for Goods other than time-critical or perishable items or anything that is without its original packaging within 14 days from the day after receiving your Goods without liability to us.
5.3.3. You may cancel your order by contacting us and following the instructions provided.
5.3.4. 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.
5.3.5. Unless collection of the Goods has been arranged, you must return the Goods by sending them to the address you will be provided with. 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.
5.3.6. Where we have agreed to collect the Goods from you, you must ensure that they are available for collection at the time arranged.
5.3.7. 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.
5.3.8. 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. Use would include, but not be limited to breaking the seal on a bottle of E-Liquid, putting E-Liquid into a tank or clearomizer 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.
5.3.9. If you cancel your order in accordance with the provisions of this Clause 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) within 30 days.
- Your Personal Information
6.1. 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 email, phone or SMS about products and services which Free Vaping LTD believe may be of interest to you. You can make changes to your marketing preferences at any time by unsubscribing using the link available in any email we send to you or your account dashboard under “Subscriptions”. Please note that it may take up to 24 hours for such changes to take effect.
6.4. You will have the option in your account dashboard to delete your account with Ecigsmart or Free Vaping LTD as per the Right to be Forgotten act. This will not delete any orders you have placed but disassociate them from your account.
6.5. You are entitled to request a physical copy of any records we hold for yourself. To have this arranged contact us via Email / Phone
- Limitation of Liability
7.1. We will not be liable for any loss or damage caused by us in circumstances where:
7.1.1. there is no breach of a legal duty of care owed to you by us; and/or
7.1.2. such loss or damage is not reasonably foreseeable.
7.2. We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
7.3. 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.
7.4. Nothing in these Conditions shall:
7.4.1. 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
7.4.2. limit your rights as a consumer under applicable UK law.
7.5. 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.
7.6. 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.
7.7. 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.
8.1. Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
8.2. 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.
8.3. 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.
8.4. 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.
8.5. 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.
- Handling Complaints and Sending Notices
9.1. If you wish to make a complaint you may do so in the following way:
9.1.1. by calling +441904211190
9.1.2 by emailing us at [email protected]
9.1.3 by opening up a Live Chat instance on any page of our website.
- Age of Consent
You may only purchase Products from our site if you are at least 18 years old. You will be asked to declare that you are of the appropriate legal age to purchase the Products when placing an order and we may carry out 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 Experian (or any other 3rd party age verification service) for the purposes of verifying your identity. To do so a 3rd party age verification service may check the details you supply against any particulars on any database (public or otherwise to which they have access. They may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained.
- Returns and Refunds
11.1 An unwanted product can be returned for a full refund within 14 days of delivery as long as it’s still in its original, unopened packaging. This returns policy for unopened goods is in addition to your statutory rights and applies to purchases made online. These regulations don’t apply to anything that has been personalised or to intimate, perishable or time-critical goods.
11.2 Please note that we are unable to accept any returned e-liquids that have no seal or have been used in any way, as this would constitute a health and safety risk due to hygiene purposes.
11.3 Returns and exchanges can only be processed with proof of purchase. This can be the sales receipt, a bank statement or an online sales invoice. Please provide your order numbers when you return a product.
11.4 If your product develops a fault within 90 days of purchase (or Delivery) we will offer you either a repair, exchange or refund. In all cases we reserve the right to inspect the product and verify the fault. Faults caused by accident, neglect, misuse or normal wear and tear are not covered by this service.
11.5 Please note that most manufacturers need the serial number that is usually found on the packaging, please keep all original packaging for the life span of your product.
11.6 Refunds are contingent upon inspection of item(s) once we receive it. You must contact us within 14 days of purchase date to request refund. Items returned after 14 days will not be refunded. You will be responsible for shipping the item(s) back to us along with the Order Number. Shipping with tracking is highly advise as we are not responsible for undelivered packages.
11.7 If you find a product missing from your delivery, a fault or damaged item in your delivery please contact us at [email protected] Missing, damaged or not required items must be reported within 48 hours of receipt of delivery. Claims outside of the above timescale will not be considered. Your statutory rights are not affected
11.8 In order for us to process a return, please contact us via Email, Live Chat or Phone during business hours, all of our contact information can be found on the homepage of our website
- Product Warnings, Regulations & Seizures
12.1 Some of the products sold on our websites contain nicotine or can be filled with e-liquid containing nicotine. Nicotine is a highly addictive substance.
12.2. All products sold on our website wherever necessary will be provided with UK or EU plugs unless otherwise stated, depending on the shipping address you selected
12.3. 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)
12.4. Should you order from outside of the UK you are accepting any customs and clearance fees that may be applied to your package, Free Vaping LTD will not be responsible for these charges unless they are paid at the time of ordering. Free Vaping LTD will not be held responsible for any orders seized at customs outside of our control. We will endeavour to provided properly packaged and marked parcels to ensure the minimum likelihood of this happening.