Terms and Conditions for Sale of Products and Services
Terms and Conditions - NEXVAP™
This sales terms and conditions (the “T&C”) define the contractual relationship between NEXVAP LIMITED, whose registered office is 1st Floor 239 High Street, Kensington, London, W8 6SN United Kingdom (“NEXVAP”, “We” or “Us”) and any person (the “Customer”, “Buyer” or “You”) buying any of the products listed on the website www.nexvap.com (the “Website”).
Please read these T&C carefully before ordering any products from the site. You should print a copy of T&C for future reference.
NEXVAP reserves the right to modify at any time these T&C.
IMPORTANT LEGAL NOTICE
This device is an alternative to smoking a traditional tobacco-based cigarette. Nevertheless, it is not to be used as a form of nicotine replacement therapy and is not intended for use as a smoking cessation device.
You must be 18 + to be able to purchase any product from Us. We have the right to cancel an order at any time if we feel the Buyer is a minor or if someone is buying on behalf of a minor.
Electronic cigarettes and e-liquids are not suitable for anyone under the age of 18 or pregnant. Nicotine is a highly addictive substance. It is not recommended for use by non-smokers.
1. SCOPE OF PRODUCTS AND SERVICES
1.1 The products (the “Products”) are those exhaustively specified in the Website.
1.2 Whilst we try to ensure that all descriptions, details, including prices, displayed on this Website are correct and up to date, we cannot guarantee that they are. Details may be updated from time to time and are subject to change. You must ensure that prior to placing an order you have checked all relevant details about the Products and/or services you have selected. We cannot confirm the price of a Product until your order is accepted.
2. ORDERS AND FORMATION OF CONTRACT
2.1 The information displayed on this Website, including prices, does not constitute an offer to contract or enter into an agreement. When You place an order via this Website for Products your order shall constitute an offer to purchase the Products selected pursuant to these T&C.
2.2 All orders are subject to availability and acceptance by NEXVAP and therefore the contract will only be formed when NEXVAP has sent or given You a written confirmation stating its acceptance of the order. Once your order has been placed and it has been accepted by NEXVAP, the Website will send You a confirmation of your order via e-mail.
2.3 These T&C represent the entire agreement between NEXVAP and the Customer in relation to the subject matter of the contract and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
3.1 The price payable for the Products shall be as shown on the Website. Prices advertised include UK VAT but exclude delivery charges.
3.2 Delivery may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You are responsible for payment of any such import duties and taxes. NEXVAP has no control over these charges and cannot predict their amount. It is Customer´ responsibility to contact the local customs office for further information and to comply with all applicable laws and regulations of the country for which the products are destined. NEXVAP will not be liable for any breach by the Customer of any such laws.
3.3 Delivery charges are shown separately when ordering. The costs will be calculated automatically at the checkout once you have completed your shipping address and selected your method. Charges are dependent upon package size and weight, destination and the chosen shipping method.
3.4 We reserve the right to amend our stated prices during the course of the year for reasons such as raw materials cost and exchange rate fluctuations. Please note that such changes will not affect orders which have already been accepted and are being processed.
4. TERMS OF PAYMENT
4.1 We will not process an order until payment has been received in full for the Products and delivery charges, and we have received cleared funds in respect of the full amount stated in the order.
4.3 Payment for all Products can be made by credit or debit card, Paypal and bank transfer.
4.4 Payments are made through the Website via a secure payment system using Secure Socket Layer Encryption (SSL), so that the transmitted information is encrypted by software and no third party can become acquainted during transport over the network.
5. RESERVATION OF TITLE AND PASSING OF BENEFIT AND RISKS
5.1 NEXVAP remain the owner of the Products until such time as these and all other sums owed by the Customer are paid in their entirety.
5.2 The benefit and the risks of the Products shall pass to the Customer by the date of their leaving NEXVAP’s warehouses.
5.3 If dispatch is delayed at the request of the Customer or due to reasons beyond NEXVAP's control, the risks of the products shall pass to the Customer at the time originally foreseen for their leaving NEXVAP’s warehouses. From this moment on, the Products shall be stored and insured on the account and at the risk of the Customer.
6.1 NEXVAP undertakes to use its reasonable endeavours to dispatch the Products ordered within 2 to 5 days of receiving payment in full for the items. The Products will be delivered directly to the address specified by the Customer in the order.
6.2 All orders are shipped by a transport company, courier or standard mail depending on the weight and destination of the Products. The Products ordered will be delivered to You without undue delay and in any event no later than 30 days from when the order was placed.
6.3 Time of delivery shall not be of the essence.
6.4 NEXVAP shall not be liable to the Customer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Products. If short delivery does take place, the Customer undertakes not to reject the Products but to accept these delivered as part performance of the contract.
6.5 No damages at all shall be due to the Customer for any delivery delays under any circumstances.
7. COMPLAINTS PROCEDURE
7.1 Any complaint regarding the quality of goods should be sent in writing either by e-mail to firstname.lastname@example.org or addressed to NEXVAP LTD, 1st Floor 239 High Street, Kensington, London, W8 6SN United Kingdom.
8. RIGHT TO CANCEL AND RETURN POLICY
8.1 If You are a consumer Customer, you have the right to cancel your order no later than 14 calendar days after the day you receive the Products, without giving a reason and without incurring penalties.
8.2 To cancel the order within this 14-day´ period and to arrange the return of Products, please contact us at email@example.com. In any event, the Products must be returned no later than 28 calendar days after the day you receive these.
8.3 If You decide to cancel your order, please note the following:
You will be responsible for the cost of returning the Products to Us unless (a) We have delivered them to you in error and/or (b) the Product was damaged or defective at the date of delivery to You.
You will need to return the Products to Us unused, in its original condition and including all parts, accessories, instructions and packaging. Unfortunately, e-liquids cannot be returned.
You will need to take reasonable care of the Products until they are returned to Us. We recommend You pack the Products securely.
We have the right to charge You for any direct costs incurred in collecting the Products and missing items, and We may deduct these from any sums owed to You.
We will refund the purchase price paid for the Products You are cancelling, together with the delivery charges paid (unless the delivery charge was a priority or express delivery cost) as soon as reasonably possible, and in any case within 30 days of receiving your cancellation request.
8.4 If a Product develops a fault within 30 days of purchase, We will simply exchange it for a brand new one under our returns policy (this does not include damage You have inflicted). Or You can return the Product and get a full refund.
8.5 From day 31 after purchase, We will need to check the Product for You. If We confirm a fault, We will repair the Product and, if it’s covered by the manufacturer’s warranty, there won’t be a charge. Please note that damage to a Product is not covered by the manufacturer’s warranty. If it is damaged rather than faulty, We will let you know how much the repair will cost.
8.6 We cannot accept responsibility for Products lost or damaged in transit.
8.7 Where the returned Products are faulty, NEXVAP will cover the delivery charges of returning the item.
9.1 The guarantee period is 24 months for the hardware, 12 months for batteries and for the duration mentioned on the Product or the packaging for consumables. The guarantee does not extend to e-liquids due to the nature of the products.
9.2 The guarantee period starts from the date of purchase of the Products. An activation of the guarantee shall be required through the Website. A copy of the original receipt must be provided.
9.3 For replaced or repaired parts the guarantee period starts anew and lasts 6 months after replacement or completion of the repair, but not longer than the expiry of a period being double to the guarantee period stipulated in the preceding paragraph.
9.4 The guarantee expires prematurely if You or a third party undertakes inappropriate modifications or repairs or if You, in case of a defect, do not immediately take all appropriate steps to mitigate the damage and give Us the possibility of remedying such defect.
9.5 Upon written request of the Customer, We undertake at our choice to repair or replace as quickly as possible any parts of the Products which, before the expiry of the guarantee period, are proved to be defective due to bad material, faulty design or poor workmanship. Replaced parts shall become Our property if You do not renounce explicitly.
9.6 Excluded from NEXVAP's guarantee and liability for defects are all deficiencies which cannot be proved to have their origin in bad material, faulty design or poor workmanship, e.g. those resulting from normal wear, improper maintenance, failure to observe the operating instructions, excessive loading, use of any unsuitable material, influence of chemical or electrolytic action, building or erection work not undertaken by NEXVAP, or resulting from other reasons beyond NEXVAP's control.
10.1 Nicotine is highly addictive substance. It is not recommended for use by non-smokers.
10.2 NEXVAP Products are not intended to diagnose, treat, cure or prevent any disease. By purchasing our Products, You agree to use Products at your own risk. Under no circumstances will NEXVAP be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with the use of, or reliance on any NEXVAP Product.
11. EXCLUSION OF FURTHER LIABILITY ON NEXVAP'S PART
11.1 All cases of breach of contract and the relevant consequences as well as all rights and claims on the part of the Customer, irrespective on what ground they are based, are exhaustively covered by these T&C.
12. JURISDICTION AND APPLICABLE LAW
12.1 These T&C are governed by the laws of England and Wales.
12.2 The courts of England will have exclusive jurisdiction to settle any dispute arising out of or in connection with this T&C.