Please read all these terms and conditions.
Before we can accept your order and make a legally enforceable agreement without further reference to you, you must read these ters and conditions for your satisfaction and peace of mind.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Every Cloud Vape Shop limited whose trading name is Every Cloud Vape Shop, a company registered in England and Wales under number 10223458 whose registered office is at 7A Fitzherbert Spur, Farlington, Hampshire, PO6 1TT with email address firstname.lastname@example.org; (the Supplier or us or we or Every Cloud).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by ticking the box marked ‘I have read and agree to the website terms and conditions’. If you do not tick the box, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. We will provide you with Goods (and any other services as set out in this Agreement) only on Working Days (unless we agree otherwise).
4. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
5. Contract means the legally-binding agreement between you and us for the supply of the Goods;
6. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
7. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
8. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
9. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
11. Website means our website https://everycloudvapeshop.co.uk/ on which the Goods are advertised;
12. Cut-Off Time means the time in which you must place your order by, to qualify for Same Day Delivery or Deliver to Store Delivery for the area of the Delivery Location on the Order.
13. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the packaging, size and colour of the Goods supplied.
14. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
15. All Goods which appear on the Website are subject to availability.
16. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement.
17. Where applicable, All Goods which appear on the Website comply with the laws set out in the Tobacco Products Directive (TPD).
19 We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
20. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
21. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
22. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
23. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
24. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg; by giving you rights as a business.
Price and Payment
25. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
26. Prices and charges include VAT at the rate applicable at the time of the Order.
27. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
28. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
29. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
30. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
31. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you.
32. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
33. If we accept an Order for delivery outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands, you may need to pay import duties or other taxes, as we will not pay them.
34. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
35. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
36. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Same Day/Deliver to Store Delivery
37. We will provide you with our Delivery Services only on Working Days (unless we agree otherwise).
38. Our duty is to deliver Goods to the Delivery Location given to us on the Order. We are not responsible for delivering the Goods to the person(s) whose name is displayed on the Order details.
39. We may not, process or deliver any Goods if we consider it to be impractical or unreasonable to do so, including if:
a. The Order details are missing information pertaining to the Delivery Location;
b. The Delivery Location cannot be found and contact cannot be made with you; or
c. the address is not safe or our staff’s health and safety would be at risk in any way.
40. If we are unable to deliver the Goods because they do not fit through the letter box, no-one is available to receive them and there are no other delivery instruction attached, we will return the Goods to our premises, and attempt delivery again no later than on on the next working day.
41. If Two (2) attempts have been made to deliver the Goods, then we will use an alternative delivery method to deliver the Goods.
42. We will deliver the Goods no later than: (i) 23:59 on the date the order is placed for Same Day delivery Orders, or (ii) 17:59 on the date the order is placed for Deliver to Store Orders. This only applies when all of the following conditions are met:
a. You have placed your Order before the Cut-Off time for the area of the Delivery Location (displayed at https://everycloudvapeshop.co.uk/delivery-information/);
b. Full payment is received before the Cut-Off time for the area of the Delivery Location; and
c. The availability of all Goods in the order are confirmed before the Cut-Off time for the area of the Delivery Location.
43. Any orders placed after the Cut-Off time for the area of the Delivery Location, will be delivered no later than: (i) 23:59 on the next working day for Same Day delivery Orders, or (ii) 17:59 on the next working day for Deliver to Store Orders.
44. We will deliver any Goods to the Delivery Location given on the Order. It is your responsibility to ensure the correct Delivery Location is given on the Order. We will attempt at our earliest convenience to retrieve back any Goods delivered an incorrect Delivery Location. Providing we can successfully retrieve the original Goods we will re-deliver them to an alternative Delivery Location.
45. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
46. When attempting to Collect Goods from a Delivery Location for a Deliver to Store Order, you are required to provide either your Order Confirmation email, or proof of identity as set out on the Order, in addition to proof of your age. We will not release the Goods to you if you cannot provide all of these documents. The following constitutes acceptable forms of proof of identification:
a. Valid Driving License;
b. Valid Provisional Driving License;
c. Valid Passport;
d. Valid Citizens Card with a Pass Holographic Logo;
e. Bank Card displaying the name on the Order; or
f. Valid Student Card.
The following are acceptable forms of proof of your age:
a. Valid Driving License;
b. Valid Provisional Driving License;
c. Valid Passport; or
d. Valid Citizens Card with a Pass Holographic Logo.
Risk and Title
47. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you by us, or any alternative postal service.
48. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and Cancellation
49. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
50. You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.
51. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. E-liquids, atomizers, coils or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised; or
c. goods which are liable to deteriorate or expire rapidly.
52. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery; or
b. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to Cancel
53. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
54. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
55. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg; a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made.
56. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of Cancellation in the Cancellation Period
57. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
58. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie; handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg; it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of Reimbursement
59. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied; or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
60. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
61. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
62. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at any of our premises without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
63. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
64. If you have received the Goods with a mistake that was not listed on the Order then the following will apply:
a. If you have received your Goods that were not listed in the order, you must inform us and allow us to collect them, or you must send back the Goods or hand them over to us at any of our premises without delay. We will reimburse you for the cost of postage.
b. If you are missing Goods that were listed on your Order, then you must inform us within 14 days of receiving them. We will send you the missing Goods without delay. You will not incur any additional charges for the postage.
Conformity and Guarantee
65. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
66. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
67. It is not a failure to conform if the failure has its origin in your materials.
68. We will immediately, or within a reasonable time, give you the benefit of the free 30 day guarantee given by us of the Goods. This is separate and does not affect the guarantee that is set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are received, and will not reduce your legal rights.
69. We will provide the following after-sales service: The seller will support the customer in setting up their new device, and troubleshoot any issues that the customer may experience in using their new device.
70. Goods that have a suspected fault must be examined by us. We require at least 48 hours or as much as 14 days from the date we receive the goods back to determine the nature of the fault.
71. Goods will not be considered faulty If: (i) a fault has occurred as a result of misuse or damaged, or (ii) you have attempted repair yourself, or (iii) you have attempted to have the Goods repaired by anyone other than ourselves.
72. For Goods that are deemed faulty and non- repairable, we will (in addition to other remedies) promptly offer a replacement or an exchange of equal value of the Goods, or reimburse to you all payments received from you, including the costs of delivery.
Successors and our sub-contractors
73. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
74. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
75. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
77. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR;
b. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679;
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
78. We are a Data Controller of the Personal Data we Process in providing Goods to you.
79. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
80. For any enquiries or complaints regarding data privacy, you can email: email@example.com.
81. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
82. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
83. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
84. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.
Health and Safety
85. All Goods which appear on the Website are not provided as smoking cessation aids and they have not been approved by the Medicines and Healthcare products Regulatory Agency (MHRA), Food and Drug Administration (FDA) or European Medicines Agency (EMA) for this purpose.
86. Goods, where specified, contain nicotine which can be an extremely addictive substance and is potentially harmful in large doses. They are not recommended to be used by pregnant women, anyone under the age of 18 or by anyone with an elevated risk or, a pre-existing medical condition, which includes but is not limited to heart disease, diabetes, high blood pressure, asthma and emphysema, unless recommended by a relevant health professional.
87. We will follow any and all government precautions and procedures regarding the Coronavirus (COVID-19). As such we cannot guarantee the avoidance of any health issues that arise involving COVID-19. Subject to these precautions, in the event you are returning Goods to us for any reason, you must wait 2 weeks and fully sanitise all Goods before sending them to us if any of the following statements apply to you:
a. You are confirmed to have tested positive with COVID-19 or have been in contact with any person(s) who have tested positive with COVID-19;
b. You are suspected to test positive with COVID-19 or have been in contact with any person(s) who are suspected to test positive with COVID-19; or
c. You show any of the known symptoms of COVID-19 or have been in contact with any person(s) who show any of the symptoms of COVID-19.