Terms & Conditions

YOU MUST BE OVER 18 TO PURCHASE GOODS FROM OUR SITE. YOU WILL BE AGE CHECKED AT CHECKOUT.

 

 

1.      Introduction

1.1    These terms and conditions shall govern your use of our website www.eternalvape.co.uk

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. We will use an industry-recognised third-party system to verify your age

1.5    We reserve the right to use any personal information provided by you to carry out & conduct relevant age verification checks. As part of checks made, we may utilise data from various credit reference agencies, the electoral roll and other databases or agencies. The name used as part of your delivery address and billing address must be the same.

2.      Copyright notice

2.1    Copyright (c) 2021 Eternal vape

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3.     We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4.      Our details

4.1.   We are Runway27 Ltd trading as Eternal Vape

4.2    We are registered in England and Wales under registration number: 8363612, and our registered office is at Unit 1-2, 52a Western road, Tring, HP234BB.

4.3    VAT registered number:181157415

4.4    You can contact us:

(a)     using our website contact form or

(b)    emailing us on help@eternalvape.co.uk

 

5.      Products

5.1    Although we have made every effort to display the colours and shape accurately, we cannot guarantee that a device's display of the colours and shape accurately reflects the colour and shape of the products. Your product may vary slightly from those images.

5.2    We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.3    Prices stated on our website may be stated incorrectly. If this happens, we reserve the right to cancel orders with any affected product.

5.4    The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.

5.5    Any product reviews that you submit for publication on our website shall be subject to fair review and we reserve the right to delete offensive or inaccurate posts.

5.6    Product safety: There are some safety risks associated with using e-cigarettes and we strongly recommend that you read the instructions for your product before you start using it. Devices should only be used in accordance with the manufacture’s instructions.

 5.7   The vast majority of our e-liquids 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 poor health 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.

5.8    Our Products are not medical devices and make no claim to aid anyone in the discontinuance of smoking real tobacco.

5.9.   Any mention of equivalent cigarette guidelines is dictated by the manufacturers and are calculated on an average basis. Due to personal variations in smoking habits, we cannot offer any guarantees on how accurate these guidelines are and will not offer refunds based on complaints regarding equivalent cigarette comparisons.

6.0    Delivery of the Products

6.1    Delivery costs. The costs of delivery is displayed to you on our website.

6.2    When we will provide the products. During the order process we will let you     know when we will provide the products to you. We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

6.3.   Incorrect delivery details: It is the responsibility of the customer to enter the correct delivery address details at the time of ordering. If the customer enters the incorrect or incomplete address and the goods are delivered to the wrong address, we are under no obligation to issue a refund or send replacement goods. If the goods are returned to us because they have been sent to the wrong address, we are not obliged to re-send at our expense. However, a refund will be offered to you less the postal cost. If you notice that you have provided the incorrect or incomplete details please contact us as soon as you can on help@eternalvape.co.uk

6.4    We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.5    In the event of a failed delivery and if do not then re-arrange delivery with the courier or make arrangements to collect the delivery the products will be returned to us. Once we receive the products back we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract with you by writing to you to inform you of this.

6.6    When you become responsible for the goods. The product will be your responsibility from the time we deliver the product to the address you gave us.

6.7    When you own the products. You own the products when we dispatch it to you.

6.8.   We cannot be held responsible for delivery delays with our chosen couriers. We cannot accept responsibility for delivery delays due to an extra age verification check having to take place before dispatch.

7.      Prices

7.1    Our prices are quoted on our website.

7.2    We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

7.3    All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

7.4    It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

7.5    In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

 

8.      Distance contracts: cancellation right

8.1    This Section 6 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2    You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a)    beginning upon the submission of your offer; and

(b)    ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).

8.3    In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 6, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.4    If you cancel a contract on the basis described in this Section 6, you must send the products back to us at Unit 1-2, 52a Western road, Tring, Hp234BB. You must comply with your obligations referred to in this Section 6 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

8.5    If you cancel an order in accordance with this Section 6, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

(a)    if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b)    as otherwise provided in this Section 6.

8.6    If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

8.7    We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

8.8    We will process a refund due to you as a result of a cancellation on the basis described in this Section 6 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

8.9    You will not have any right to cancel a contract as described in this Section 6 insofar as the contract relates to:

(a)    The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you

 

9        Order cancellation

9.1    We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a)    you fail to pay, on time and in full, any amount due to us under that contract; or

(b)    you commit any material breach of that contract.

9.2    You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

9.3    We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

10     Consequences of order cancellation

10.1  If a contract under these terms and conditions is cancelled in accordance with Section 8:

(a)    we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)    you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)    all the other provisions of these terms and conditions will cease to have effect, except that [Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20] will survive termination and continue in effect indefinitely.

 

11.    Cancellation and suspension of account

11.1  We may:

(a)    suspend your account;

(b)    Cancel your account; and/or

(c)    edit your account details,

        at any time in our sole discretion with or without notice to you.

11.2  We will usually cancel an account if it remains unused for a continuous period of 18 months.

11.3  You may cancel your account on our website using your account control panel on the website.

12     Limited warranties

12.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date;

(c)    that the website will operate without fault; or

(d)    that the website or any service on the website will remain available.

13     Limitations and exclusions of liability

13.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

13.2  The limitations and exclusions of liability set out in this Section 8 and elsewhere in these terms and conditions:

(a)    are subject to Section 8.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

13.3  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.4  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

14     Breaches of these terms and conditions

14.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(f)    commence legal action against you, whether for breach of contract or otherwise.

14.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

15     Trade Marks

15.1  ETERNALVAPE our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

15.2  The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

16.    Variation

16.1  We may revise these terms and conditions from time to time by publishing a new version on our website.

16.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

17     Third party rights

17.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

18.    Entire agreement

18.1  Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, delivery and returns policy shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19     Severability

19.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect

 

20     Law and jurisdiction

20.1  These terms and conditions shall be governed by and construed in accordance with English law.

20.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

 

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