1. Before we can accept your Order and thus make a legally enforceable agreement without further reference to you, it is important to you to read our Terms and Conditions carefully and to make sure that they contain everything you want and nothing that you are not willing to agree to. If you are unsure about any of this, please, phone our customer services on on 0203 751 8228.
The following words have these meanings throughout the Conditions:
'Conditions' means the terms and conditions set out in this document;
'Consumer' means an individual acting for purposes that are wholly or mainly outside his or her trade, business, craft or profession;
'Contract' means the legally-binding agreement between you and us for the sale and purchase of Goods which incorporates these Conditions;
'Delivery Location' means the location where the Goods are to be delivered, as set out in the Order;
'Goods' any goods that we supply to you, of the number and description and any relating documentation as set out in your Order;
'Order' means your order for the Goods from us, as set out in your order form;
'Specification' means the description or specification of the Goods set out on our Website;
'we, us or our' means Vaperama Ltd Registered in England and Wales with number 9335909. Registered office address 41-44 Great Queen Street, Covent Garden, London, WC2B 5AD. Trading address: 41-44 Great Queen Street, Covent Garden, London, WC2B 5AD.
3. Application of these conditions and contract formation
3.1 Any estimate provided by us for the provision of Goods prior to your submitting an Order is not a binding offer by us to supply Goods.
3.2 When you place an Order to purchase Goods from us, you are just making a binding offer to purchase those Goods in accordance with these Conditions.
3.3 After you have placed an Order, we can email you an acknowledgement of receipt of your Order, but this does not mean that your Order has been accepted by us.
3.4 We can reject any Order if we wish for any reason, although we will try to tell you promptly the reason for our decision, which must be due to running out of stock or resources, a price or description mistake, inability to obtain your payment, verify your age or other genuine fair reason.
3.5 A Contract will be formed for the Goods you have ordered, only on our sending an email to you saying that your Order has been accepted or, if earlier, our delivery of the Goods to you.
3.6 We must give you a copy of the signed Contract or confirmation of it with all information contained in it which is legible, within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
3.7 No variation of the Contract, whether about description of the Goods, price or otherwise, can be made afterwards unless the variation is agreed by you and us.
3.8 We intend that these Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case for you, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. giving you rights as a business.
3.9 In making the Contract, we are acting only on our own behalf whose place for any of your complaints is 41-44 Great Queen Street, Covent Garden, London, WC2B 5AD.
4.1 The charges, and any additional delivery or other charges and any other costs for each of type of Goods, and the total price of them, will be as set out in our published price lists in force at the time.
4.2 The charges:
4.2.1 include the price of the Goods as set out on our website at the time of your Order; and
4.2.2 include VAT at the rate applicable at the time of your Order so that, if the rate of VAT increases before we accept your Order, we must only increase the price by the amount of that increase if we have your agreement, otherwise we must reject your Order and tell you that.
5.1 You must pay us in full for all the Goods before delivery of any of the Goods
5.2 You must pay for the Goods submitting your credit or debit card details with your Order and we can take payment as soon as payment is due.
5.3 We use Paypal to collect/process transaction information. Please view Paypal's security policy at https://www.paypal.com/uk/webapps/mpp/paypal-safety-and-security
5.4 We do not store any credit or debit card details on any of our systems internally.
6.1 We must deliver the Goods, to the Delivery Location by the time or within the period which you and we have agreed or, failing any agreement:
6.1.1 within a reasonable time; and
6.1.2 without undue delay and, in any event, not more than 30 days after the day on which the Contract is made.
6.2 In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you have the right to require us to reduce the price or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the price or charges.
6.3 In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other of your remedies) treat the Contract at an end if:
6.3.1 we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you told us before the Contract was made that delivery on time was essential; or
6.3.2 after we have failed to deliver on time, you have specified a later period, which is appropriate to the circumstances, and we have not delivered within that period.
6.4 If you treat the Contract at an end under condition 6.3, we must (in addition to any other of your remedies) promptly return all your payments made under the Contract.
6.5 If you were entitled to treat the Contract at an end under condition 6.3, but you do not do so, you are not prevented from cancelling your Order for any Goods or rejecting Goods that have been delivered and, if you do this, we must then without delay reimburse to you all your payments made under the Contract in respect of any such cancelled or rejected Goods. This is in addition to any other of your remedies.
6.6 These are examples of events which can be outside our reasonable control:
6.6.1 weather conditions make it impossible or unsafe for us to deliver the Goods;
6.6.2 the Goods are not delivered at the time agreed with the supplier of the Goods (and it is not possible to obtain a replacement within a reasonable time, or the price charged by a supplier is much higher than the original charge);
6.6.3 you change your order (and this results in e.g. our having to do further work or wait for different Goods); or
6.6.4 we or our delivery agents are unable to gain access to the Delivery Location to deliver the Goods at the times we have agreed with you;
7. Risk and ownership
7.1 Risk of damage to, or loss of, the Goods will pass from us to you only on delivery of the Goods.
7.2 Ownership of the Goods will pass from us to you on delivery or payment in full for the Goods.
8.1 We have a legal duty to supply the Goods in conformity with the Contract.
8.2 Upon delivery the Goods will be:
8.2.1 of satisfactory quality;
8.2.2 reasonably fit for any particular purpose for which you are buying the Goods which, before the Contract is made, you made known to us (expressly or by implication) whether or not that is a purpose for which goods of that kind are usually supplied (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for their purpose set out in the Order; and
8.2.3 conform to their description and the Specification.
9. Limitation of liability
9.1 We do not exclude our liability for death or personal injury caused by our negligence or breach of our duties under the law, fraud or fraudulent misrepresentation. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both you and us at the time when the Contract was made, or (ii) loss which relates to your business, trade, craft or profession to the extent that it would not be suffered by a buyer who is a Consumer. This is because we believe that you are not buying the Goods wholly or mainly for the purposes of your business, trade, craft or profession).
9.2 It is important that our Products are charged only with charging devices approved by us. Using unapproved charging units can be dangerous as they may overheat and create a fire hazard. All charging units sold by us are approved for use. We accept no liability or responsibility for loss or damage arising out of the use of an unapproved charging unit used in connection with our Products. This includes but is not limited to the mains plug adaptor and USB charging cable/plug.
10.1 On termination of the Contract for any reason, any statutory rights and liabilities of you and us will not be affected.
11. Data protection and privacy
We can use your identity and other information about you which you give to us only to help us to comply with our duties under the law, to provide the Goods and handle your payment for them and, if you give us your prior consent, to tell you about our products and Goods, on condition that we stop as soon as you tell us in writing to stop. We promise to use reasonable care to keep that information confidential. You promise that the information that you give to us is true and, if it changes, you will tell us promptly.
12. Governing law and, jurisdiction
12.1 This Contract will be governed by the law of England and Wales.
12.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales.
13. Withdrawal and cancellation
13.1 You can withdraw your Order by telling us of your decision to withdraw before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability to us.
13.2 You can cancel your Contract by telling us of your decision to cancel no later than 14 days after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability to us, except that you must at our request return to any of our business premises the Goods in undamaged and unopened condition at your expense, and we must then without delay refund to you the price you paid for those Goods, but we can keep the delivery charge, if any. This right is available to you regardless of whether this is an on-premises, off-premises or distance contract.
13.3 An off-premises contract and a distance contract (but not an on-premises contract) have the cancellation rights set out below.
13.4 The cancellation rights referred to in condition 13.4, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
13.4.1 goods or services supplied under off-premises contracts (but not distance contracts) under which the payment to be made by you is not more than £42;
13.4.2 foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied by us on frequent and regular rounds to your residence or workplace;
13.4.3 goods that are made to your specifications or are clearly personalised;
13.4.4 goods which are liable to deteriorate or expire rapidly;
13.4.5 a newspaper, periodical or magazine except subscription contracts for the supply of them;
13.4.6 accommodation, transport of goods, vehicle rental Goods, catering or Goods related to leisure activities, if the contract provides for a specific date or period of performance.
13.5 Also, the cancellation rights for a Contract referred to in condition 13.3 cease to be available in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed or have been opened after delivery.
14. Right to cancel
Pursuant to condition 13.3, you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you acquires physical possession of the last of the Goods.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email). You need not give us your cancellation notice in writing. You may use the attached model cancellation form, but it is not obligatory. In any event you must be able to show clear evidence of when the cancellation was made, so it might be better for you to use the model cancellation form.
To meet the cancellation deadline, it is sufficient for you to send us your communication concerning your exercise of the right to cancel before the cancellation period has expired.
15. Effects of cancellation
If you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) up to the amount of the least expensive delivery.
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
1. 14 days after the day we receive back from you any Goods supplied, or
2. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you have received Goods in connection with the Contract which you have cancelled pursuant to condition 13.3:
you must send back the Goods or hand them over to us at 41-44 Great Queen Street, Covent Garden, London, WC2B 5AD without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired
For the purposes of these cancellation rights, these words have the following meanings:
‘distance contract’ means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
‘off-premises contract’ means a contract between a trader and a consumer which is any of these:
1. a contract concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;
2. a contract for which an offer was made by the consumer in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;
3. a contract concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer;
4. a contract concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or Goods to the consumer;
'on-premises contract' means a contract between a trader and a consumer which is neither a distance contract nor an off-premises contract;
'sales contract' means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and Goods as its object.
Model cancellation form to Vaperama Ltd, 41-44 Great Queen Street, Covent Garden, London, WC2B 5AD
I/We [insert details] hereby give notice that I/We [insert details] cancel my/our [insert details] contract of sale of the following goods [*] [for the supply of the following Goods [*]],
Ordered on [insert details OR received on [insert details]],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date [insert date]