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  • Rated 4.8/5 from 25000+ reviews
  • Vaping experts since 2008
  • Free delivery on orders over £20
  • Order by 5pm for next day delivery
  • Rated 4.8/5 from 25000+ reviews
  • Order by 5pm for next day delivery
  • Rated 4.8/5 from 25000+ reviews
  • Vaping experts since 2008
  • Free delivery on orders over £20
  • Order by 5pm for next day delivery
  • Rated 4.8/5 from 25000+ reviews

Terms & Conditions

  1. Terms & Conditions Of Supply
  2. Terms of Website Use
  3. Acceptable Use Policy

 

Terms & Conditions Of Supply

  1. Information about us
  2. Our Products
  3. Use of our site
  4. How we use your personal information
  5. Legal age of consent
  6. If you are a consumer
  7. If you are a business Customer
  8. How the contract is formed
  9. Rights to vary these terms
  10. Your consumer right of refund and return
  11. Delivery
  12. International Delivery
  13. Price of products and delivery charges
  14. How to pay
  15. Warranty
  16. Our liabilities if you are a business
  17. Our liabilities if you are a consumer
  18. Events outside our control
  19. Communications between us
  20. Other important terms

This page (together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 30th November 2020.

These Terms, and any Contract between us, are only in the English language.

1. Information About Us

1.1. We operate the website www.ECigaretteDirect.co.uk. We are E Cigarette Direct Limited, a company registered in England and Wales under company number 367 3209 87. You can find our registered office address on our Contact Us page. Our VAT number is 973352993.

1.2 Contacting us if you are a consumer:

(a.) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. You can do this by e-mailing us at [email protected] or by contacting our Customer Services team by telephone on 01792 852843. PIease include details of your order to help us to identify it. You can also complete a cancellation form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 01792 852843 or by e-mailing us [email protected].

(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

1.3. Contacting us if you are a business. You may contact us by telephoning our customer service team at 01792 852843 or by e-mailing us at [email protected]. If you wish to make a wholesale purchase enquiry, please email [email protected] or call our Wholesale Team on 01792 851919. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 18.3.

2. Our Products

2.1. Notwithstanding clauses 15, 16 and/or 17 (as applicable), you must be aware of the following:

E-liquid and Cartomisers

(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 get in touch with us at [email protected] or on 01792 852843.

(b) The vast 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, 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, 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 get in touch with us at [email protected] or on 01792 852843.

(i) E-cigarette, tank system, variable voltage and other batteries must only be charged with the charging equipment supplied by us and specifically intended for charging that product as our chargers carry overcharge protection 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.

2.2. 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 your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

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

3. Use of Our Site

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

4. How We Use Your Personal Information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

5. Legal Age of Consent

You may only purchase our Products if you are over the age of 18. It is a legal requirement for us to take certain steps to verify your age. On your first purchase of Products, we will carry out checks to verify your age. If our checks appear to show that you are not legally entitled to order the Products, you will be referred to our Customer Services team who will endeavour to assist you. If we are still unable to verify that you are over the age of 18, we shall be entitled to cancel your order immediately, without notice. If you create an account with us, we will record if you have successfully verified your age previously and you will not have to undergo age verification on further purchases. For more information on age verification processes and providers, please see our Privacy Policy.

If you falsely declare your age to us and/or deliberately enter false information, 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 us, you hereby consent to us undertaking a search with AgeChecked Ltd and/or One Account Mobile Limited (or such other third party age verification services as we may use from time to time) for the purposes of verifying your identity. In order to verify your identity and age, a third party professional 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, and if successful, you should not have to undergo verification again unless your personal details change.

6. If You Are a Consumer

This clause 6 only applies if you are a consumer.

6.1. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

7. If You Are a Business Customer

This clause 7 only applies if you are a business.

7.1 We only supply Products for internal use by your business, and you agree not to use the Product for any resale purposes.

7.2 If you wish to purchase Products for resale purposes please contact our Wholesale Team on 01792 852843. Purchases made by you for resale purposes shall be subject to our Wholesale Terms and Conditions of Supply.

7.3. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

7.4. These Terms and our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

7.5. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them or our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy.

7.6. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

8. How the Contract is Formed Between You and Us

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

8.2. 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 in clause 8.3.

8.3. We will confirm our acceptance to you by sending you an e-mail (Dispatch Confirmation) and/or by dispatching your order. The Contract between us will only be formed when we send you the Dispatch 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 we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 14.5, 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.

9. Our Right to Vary These Terms

9.1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.

9.2. 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.

9.3. 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.

9.4. 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 (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

10. Your Consumer Right of Refund and Return

This clause 10 only applies if you are a consumer.

10.1. If you are a consumer, 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 in clause 10.3. 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.

10.2. 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 or clearomisers once these Products are unsealed after you receive them; or (c) any Products which become mixed inseparably with other items after their delivery.

10.3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (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 in the table below:

AB
Your Contract is for a single Product (which is not delivered in instalments on separate days).The end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with a Dispatch 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.

Your Contract is for either of the following:

  • one Product which is delivered in instalments on separate days.
  • multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period.The end date is 14 days after the day on which you receive the first delivery of the Products. Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.

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

To cancel your contract, please e-mail us at [email protected] or contact our Customer Services team by telephone on 01792 852843. If you are e-mailing us or writing to us please include details of your order to help us to identify it.

If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you e-mail us before midnight on that day.

10.5 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.

(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(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. For information about how to return a Product to us, see clause 10.8;

(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.

10.6. 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.

10.7. 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. You can either send it back or return it to us in-store. Please see our Returns page for our returns address and how to arrange a return.

(b) unless the Product is faulty or not as described (in this case, see clause 10.6), 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.

Faulty Products

10.8. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, 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 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Please refer to our warranties in Clause 15 below.

10.9. If you have returned the Products to us under this clause 10 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

Non-Faulty Products

10.10. In addition to your statutory rights above, we offer a 90 day period for you to return non-faulty products for an exchange or refund. You can either send it back or return it to us in-store. Please see our Returns page for our returns address and how to arrange a return. If you have returned the Products to us under this clause 9 because you have changed your mind, we will:

(a) refund you the price you paid for the Products. However, the Products must be returned in an unopened, unused and re-saleable condition. In particular any sealed packaging or tamper-proof seals must be unbroken and undamaged otherwise we will not be able to refund you any of the price paid.

(b) refund any delivery costs you have paid, although, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. 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.

10.11. You will be responsible for the costs of returning the Products to us.

10.12. 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.

11. Delivery

11.1. We will advise you of the estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.

11.2. 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.

11.3. 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.

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

This clause 11.6 only applies if you are a consumer.

11.5. 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 (c) you told us before we accepted your order that delivery within the delivery deadline was essential.

11.6. If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11.5, 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.

11.7. If you do choose to cancel your Order for late delivery under clause 11.6 or clause 11.7, 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 or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

12. International Delivery

12.1. If you wish to place an order for delivery to a destination outside the United Kingdom (an “International Delivery Destination”), please contact us at [email protected] or on (0044) 1792 852843 before placing your order.

12.2. If you order Products from our site for delivery to an International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

12.3. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

12.4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

13. Price of Products and Delivery Charges

13.1. 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. However please see clause 13.5 for what happens if we discover an error in the price of Product(s) you ordered.

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

13.3 The price of a Product includes VAT (where applicable) 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.

13.4. 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. To check relevant delivery charges, please refer to our Delivery Charges page.

13.5. Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(a) where the Product's 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 Product's 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.

14. How to Pay

14.1. You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Mastercard and Maestro.

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

15. Our Warranty for Our Products

15.1. We provide the following warranties:

(a) for charging equipment, that on delivery and for a period of 12 months from delivery, the charging equipment shall be free from material defects;

(b) for clearomisers (or “tanks”), but not including Aspire CE5 branded clearomisers, that on delivery and for a period of six months from delivery, the clearomiser shall be free from material defects. For Aspire CE5 branded clearormisers, that on delivery and for a period of one month from delivery, the Aspire CE5 clearomiser shall be free from material defects.

(c) for batteries (including “mods”), that on delivery and for a period of 3 months from delivery, the batteries shall be free from material defects; and

(d) for cartomisers and coils, that on delivery only, these Products shall be free from material defects; however, these warranties do not apply in the circumstances described in clause 15.3 or 15.4.

15.2. These warranties do not apply in the circumstances described in clause 15.4 or 15.6.

15.3. Warranty claims for clearomisers, cartomisers or coils will only be accepted within 5 days of your receipt of these Products.

You must notify Customer Services of the problem by email to [email protected], by phone on 01792 852843 or by by post to the address set out on our Contact Us page.

15.4. We are unable to accept claims for atomisers or coils that have been purchased or used for the purpose of ‘sub-ohming’ as this causes a high rate of burn out of atomisers. We recommend that you purchase spare atomisers or coils if you intend to use our products for this purpose.

15.5 Warranty claims for all other Products must be made as soon as possible after becoming aware of the defect by notifying Customer Services by returning the faulty product to one of our stores or email to [email protected], by phone on 01792 852843 or by post to the address set out on our Contact Us page.

15.6. The warranty in clause 15.1 does not apply to any defect in the Products arising from:

(a) fair wear and tear; (b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; (c) if you fail to operate or use the Products in accordance with the user instructions; (d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or (e) any specification provided by you.

15.7. Following receipt of your notification of a problem with a Product, you may be contacted by a member of our Customer Services team who will endeavour to resolve the issue if possible. If the problem cannot be resolved by Customer Services, you will be asked to return the Product in question at your cost for inspection and testing. If we agree that the Product is faulty, we will refund or replace the Product and we refund you the cost of returning the Product, although the maximum refund will be the costs of return by the least expensive return method available.

15.8. If you are a consumer, these warranties are in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

16. Our Liability if You Are a Business

This clause 16 only applies if you are a business customer.

We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

If you wish to purchase Products for resale purposes please contact our Wholesale Team on 01792 852843. Purchases made by you for resale purposes shall be subject to our Wholesale Terms and Conditions of Supply.

Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or (d) defective products under the Consumer Protection Act 1987.

16.4. Subject to clause 18.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information or software; (c) loss of business opportunity; (d) loss of anticipated savings; (e) loss of goodwill; or (f) any indirect or consequential loss.

16.5. Subject to clause 18.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 110% of the price of the Products.

16.6. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

17. Our Liability if You Are a Consumer

This clause 17 only applies if you are a consumer.

17.1. 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.

17.2. 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.

17.3. 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; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (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.

18. Events Outside Our Control

18.1. 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 in clause 19.2.

18.2. 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. 18.3. 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 date with you after the Event Outside Our Control is over. 18.4. 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 (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

19. Communications Between Us

19.1. When we refer, in these Terms, to "in writing", this will include e-mail.

19.2. If you are a consumer you may contact us as described in clause 1.2.

19.3. If you are a business:

(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.

(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

20. Other Important Terms

20.1. 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.

20.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 16 to the recipient of the gift without needing to ask our consent.

20.3. 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. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 17, but we and you will not need their consent to cancel or make any changes to these Terms.

20.4. 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.

20.5. 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.

20.6. If you are a consumer, 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. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

20.7. If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

20.8. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

 

Terms of Website Use

Please Read These Terms and Conditions Carefully Before Using This Site

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.EcigaretteDirect.co.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

Other Applicable Terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

Our Cookie Policy, which sets out information about the cookies on our site.

If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.

Information About Us

www.EcigaretteDirect.co.uk is a site operated by E-Cigarette Direct ("We"). We are registered in England and Wales under company number 367 3209 87 and have our registered office at Unit 4-5 Bell Court, Felinfach, Swansea West Business Park, Swansea SA5 4HP. Our main trading address is Unit 4-5 Bell Court, Felinfach, Swansea West Business Park, Swansea SA5 4HP.

We are a limited company.

Changes To These Terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes To Our Site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it .

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing Our Site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.  
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your Account And Password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.  
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensor's.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No Reliance On Information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.  
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation On Our Liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

If you are a business user, please note that in particular, we will not be liable for:

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply.

Uploading Content To Our Site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking To Our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page without our prior written agreement.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy

If you wish to make any use of content on our site other than that set out above, please contact [email protected]

Third Party Links And Resources In Our Site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable Law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact Us

To contact us, please email [email protected].

Thank you for visiting our site.

 

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website www.ECigaretteDirect.co.uk (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

www.ECigaretteDirect.co.uk is a site operated by E Cigarette Direct Limited (we or us). We are registered in England and Wales under company number 06682359 and we have our registered office at Unit 4-5 Bell Court, Felinfach, Swansea West Business Park, Swansea SA5 4HP. Our main trading address is Unit 4-5 Bell Court, Felinfach, Swansea West Business Park, Swansea SA5 4HP. Our VAT number is 367 3209 87.

Prohibited Uses

You may use our site only for lawful purposes. You may not use our site:

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.

Not to access without authority, interfere with, damage or disrupt:

Interactive Services

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

Contributions must not:

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the Acceptable Use Policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

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