Buyer means the individual or organization that buys or agrees to buy the Goods from the Seller.
Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
Goods means the articles that the Buyer agrees to buy from the Seller.
Seller, we, us and our means Western Vape Ltd, Sorrel Way, Gillingham, Dorset, SP8 4TP.
Other Services means other products which are advertised and offered for sale by Western Vape on westervape.co.uk
Buyer, you and your means the Buyer who places an order, Via the Website, Telephone or by Letter.
Website means www.westernvape.co.uk
Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Sellers address: Western Vape Ltd, Sorrel Way, Gillingham, Dorset, SP8 4TP.
Pricing and Availability
All relevant charges and Other Services stated on the Website or other Seller advertising material may be varied from time to time.
The Seller reserves the right to change pricing and availability at its sole discretion.
Discontinuation of Service
The Seller reserves the right at any time to modify, suspend, discontinue or permanently cancel any product advertised on the Website, or portions thereof, with or without notice to you.
If our products, or any part thereof, for which you purchased is permanently discontinued or cancelled by the Seller, the Seller will reimburse any fees you have paid in respect of products, which you have not received.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process Section.
Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
The Buyer is aware that this is not a quit smoking device.
The Buyer agrees to be bound by the terms and conditions of this agreement.
Price and Payment
The price of the Goods shall be that which is stipulated by Pro Forma invoice following receipt of an order.
The total purchase price, including delivery charges, if any, will be as detailed on the Pro Forma invoice.
After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel
Payment of the price plus delivery charges must be made in full before dispatch of the Goods.
All orders are delivered using the Royal Mail 1st Class delivery or equivalent services.
Royal Mail 1st Class delivery service has a target of delivering 93% of packages ‘Next Business Day’.
E-Liquid orders are shipped once a day at 2pm from Monday to Friday, any orders received after 2pm on the same day may or may not be processed for same day shipping. Hardware orders are shipped between 1-3 working days.
Should any processing delays occur, the Buyer will be notified via email with the option to continue to wait, or receive a full refund for the item(s) unable to meet the delivery deadline.
Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
If packages are lost or delayed in transit, no orders will be refunded or re-shipped free of charge until a Royal Mail or equivalent investigation has been completed. Delivery services will not investigate missing items until 15 working days for UK orders, 20 working days for EU orders and 25 working days for international orders, have passed from the date of posting.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
Right of seller
The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Seller reserves the right to withdraw any goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
Cancellation and return
The Consumer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract.
If the Consumer fails to do so the Consumer shall be deemed to have accepted the Goods. As the product is an oral product once used it cannot be returned, unless faulty.
Orders can be cancelled any time prior to shipping. Once shipped if returned unopened, the Consumer will be responsible for both the outbound and return shipping costs plus any restocking fee deemed necessary, up to a maximum of 25% of the purchase price.
All E-Liquids supplied by Western Vape are marked with a ‘best before’ date and batch code. The batch code refers to our supplier reference codes as well as our own nicotine assay testing. Western Vape will not accept any returns if the seal on the product has been broken or tampered with in any way or if the product best before date has expired. Returns will only be accepted by agreement and refunds, whether partial or complete will not be offered until the liquid/s in question has been tested by whatever manner we feel necessary and non-compliance has been proven.
The Seller’s products and statements have not been evaluated by the Food and Drug Association or any international health organizations. Our products are not intended to diagnose treat, cure or prevents and condition, disorder or physical or mental condition.
The Sellers products are intended for use by person over the legal smoking age, not by non-smokers, or by children, or by women who are pregnant, or breast feeding, or persons with or at risk of heart disease, high blood pressure, diabetes or taking medicine for depression or asthma.
Seek medical advice immediately if you experience nicotine misuse symptoms such as nausea, vomiting, diarrhoea, dizziness, weakness or rapid heartbeat. Our product is not a smoking cessation method and has not been tested as such. Ingestion of the non-vaporized concentrated ingredients can be poisonous and ingestion of certain components can present a choking hazard.
Nicotine is addictive and habit forming, very toxic by inhalation. Vapor may cause drowsiness or dizziness. After contact with skin, wash immediately with plenty of water. In case of accident or if you feel unwell, seek medical advice. Materials and its contents must be disposed of in a safe way; use appropriate containment to avoid environmental contamination.
Disclaimer of Warranties and Limitation of liability
You understand and agree that your use of our Products, the Other Services and the Website is solely at your own risk.
You agree that the Products is provided on an “as is,” and “as available” basis, except as otherwise noted in this agreement.
The Seller shall have no liability to you, or to any third party, for any modification, suspension, discontinuance or termination of the Website or any part thereof.
In the event of any breach of this agreement by the Seller your remedies shall be limited to a claim for damages. Under no circumstances shall the liability of the Seller exceed the price of our products or the Other Services.
The Seller makes no warranties that the Website will meet your requirements, or that these will be uninterrupted, timely, secure, or error free.
No advice or information, whether oral or written, obtained by you from the Seller or through the Website shall create any warranty not expressly made herein. You may not rely on any such information or advice.
Nothing in this Agreement shall limit either party’s liability for death or personal injury caused by negligence, and/or the negligence of either party’s respective employees or agents.
Neither party shall be entitled to any consequential, indirect or special damages, loss of profits or loss of business arising out of any breach of this Agreement.
Any use or misuse of our products and or Service by you is completely outside the Seller’s control and the Seller shall not be liable for any loss (including loss of profits), damage, expense or breach of Intellectual Property Rights which may arise or which may be incurred by you or any third party as a result thereof.
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of the Seller.
The remedies of the Seller under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies.
The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Changes To Terms
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.