These are the terms and conditions on which we supply goods to you.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
These terms assume you are buying products from us wholly or mainly for your personal use and not in connection with your business.
By using our website you accept these terms
Where you have asked us to provide an age restricted product or service, you consent to allow us to share your information with, and collect information from, One Account Mobile Limited (1account) and third-party providers of identity data to 1account. This consent is necessary for 1account to verify that you meet the minimum age and identity verification requirements as determined by relevant UK age restriction legislation. You consent to allow 1account to retain relevant data for the purpose of future verification.
Information about us and how to contact us
We are Berkshire Vaper Ltd., a company registered in England and Wales. Our company registration number is 08540021. Our registered VAT number is GB179415576.
How to contact us. You can contact us by telephoning our store at 0118 979 0340, or by writing to us at email firstname.lastname@example.org
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Our contract with you
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
We may change the product:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
If we cannot supply certain products we may need to substitute them with alternative goods of equal or better standard and value. In this case:
We will let you know if we intend to do this but this may not always be possible; and
You can refuse to accept such substitutes in which case we will offer you a refund or replacement and let you know how long such an offer remains open for.
Providing the products
Delivery costs. The costs of delivery will be as displayed to you on our website.
When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
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.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local delivery depot.
If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and 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.
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
You own a product which is goods once we have received payment in full.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the product as requested by you or notified by us to you
we believe you are under the age of 18 years old or the age verification checks fail or refer.
Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
If what you have bought is faulty or mis-described you may have a legal right to end the contract.
If you have just changed your mind about the product. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the product or these terms which you do not agree to.
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought on-line you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
any products which become mixed inseparably with other items after their delivery.
You have 14 days after the day you or someone you nominate receives the goods, unless:
Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you or someone you nominate receives the last delivery.
How to end the contract with us:
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Call our store at 0118 979 0340 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Berkshire Vapers, 437 Reading Road, Winnersh, Wokungham, RG40 5HU. The cost is estimated as being approximately the same as the delivery costs set out in your order. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
if the products are faulty or mis-described;
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or in all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) 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. 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.
When your refund will be made. We will make any refunds due to you as soon as possible and within 14 days from the day on which we receive the products back from you or if earlier the day on which provide us with evidence that you have sent the products back to us (please see clause 9.2).
Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due;
you do not, within a reasonable time, allow us to deliver the products to you;
We believe that you are under the age of 18 years old.
If we end the contract we will refund any money you have paid in advance for products that we have not provided.
We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least one month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our store at 0118 979 0340 or write to us at firstname.lastname@example.org
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk.
The Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases,
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Your rights in respect of defective products if you are a consumer
If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage.
Price and payment
Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mis pricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. We accept payments through the PayPal gateway. You must pay for the products before we dispatch them.
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you as a consumer
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987
We will use the personal information you provide to us:
to supply the products to you;
to process your payment for the products; and
if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
To carry out age verification checks.
We will only give your personal information to other third parties where the law either requires or allows us to do so.
Other important terms
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Age of consent. You may only purchase Products from our site if you are at least 18 years old. You will be asked to declare that you are of the appropriate legal age to purchase the Products when placing an order and we may carry out independent verification to check your age and if we discover that you are not legally entitled to order the Products, we shall be entitled to cancel the order immediately, without notice. If you falsely declare your age to us 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 this website, you hereby consent to us undertaking a search with a 3rd party age verification service for the purposes of verifying your identity. To do so a 3rd party age 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.
Our warranty for the products
All hardware comes with a 28 day parts warranty, unless stated otherwise in the individual product listings or manual, this does not cover any atomizer heads, wire or wicking material. We are not responsible for any damage through improper use or coil builds. It is the user’s responsibility to ensure they have significant knowledge of coil resistances. You should be aware that our electronic cigarette atomizers and batteries, although made to the highest quality, may fail or degrade over a period of time. An electronic cigarette atomizer’s expected lifespan is around 7-14 days depending on usage and an electronic cigarette battery’s expected lifespan is 2-3 months. This is not a guarantee that you will ‘like’ the Electronic Cigarette, simply that it will function as described within the specified time frame.
All replacement atomizer heads are sold as a single use disposable items and are covered by our DOA (dead on arrival) warranty. This means, that from date of receipt the buyer has 48 hours to ensure the goods are in good working order and report any faults.
Any replacement parts are warranted from the date of delivery of the original order.
The warranty does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) willful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) failure by you to operate or use the Products in accordance with the user instructions;
(d) failure by you to carry normal maintenance of the Products including regular cleaning of components and connectors;
(e) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(f) any specification provided by you.
This warranty is 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.
0118 979 0340
©2020 Berkshire Vapers.
Company No: 08540021: Vat number: GB 179415576