Terms & Conditions
You must be older than eighteen to make an in-person or online purchase. We reserve the right to require proof of age before fulfilling your order.
Terms
You must be older than eighteen to make an in-person or online purchase. We reserve the right to require proof of age before fulfilling your order.
1.1 – What are the contents of these terms? These policies govern how we provide you with e-cigarettes and related products.
1.2 – Please read these terms carefully before submitting your order to us. These terms define our company, describe how we will deliver our products to you, outline our rights and obligations under the contract, address disputes, and provide other important information. If you think there is a mistake in these terms, please contact us to discuss.
Here’s How to Contact Us:
2.1 – You can contact us through our email info@foggiesvape.co.uk to communicate with us.
2.2 – How can we contact you if necessary? We’ll call you at the number you provided in your order or send you a letter at the postal or email address you provided.
2.3 – When the terms “writing” or “written” are used in these contexts, emails are classified as “writing.”
Our Agreement With You
3.1 – How we will accept your order: When we contact you to accept your order, a contract will be created between you and us. We will have taken your order by then.
3.2 – If we cannot fulfil your request, we will notify you via email and waive any fees. There could be several reasons, such as the item being out of stock, a pricing or description error we have found, a safety concern, or a suspicion that you are not a UK resident or at least eighteen.
3.3 – Order number: We will assign an order number to your order and notify you of its meaning as soon as we accept it. Consequently, if you contact us about your order, include the order number.
3.4 – We are not allowed to sell specific items inside the EU. The Tobacco Products Directive (2014/40/EU) prohibits us from selling specific electronic cigarette products to consumers who live in EU countries. However, our products may be marketed to clients inside and outside the EU. If there is a product we cannot sell you, we will notify you during the checkout process.
3.5 – For citizens outside of the UK. If you don’t live in the UK, you must ensure the goods you order from us are acceptable for import into your nation and abide by applicable local laws. If goods are seized at customs or local laws in your country are broken, we won’t be held responsible.
3.6 – Adults only older than eighteen are allowed to buy our products. We cannot lawfully sell e-cigarettes or related products to anyone over eighteen. If we believe in good faith that you are 18, we reserve the right to request identification before granting your request.
Our Products
4.1 – The product may not match the picture. The product pictures that are displayed on our website are merely examples. Although we have made every effort to guarantee that the colours are displayed correctly, we are still determining if the colours on a device will precisely match the colours of the products. As a result, these images might not precisely depict your product.
4.2 – The product packaging may have changed and may look different from the pictures on the website. Therefore, you cannot return the item because the packaging does not match the image on our website.
4.3 – Safety of the product. We strongly recommend that you read the instructions on your product before using it because there could be safety risks associated with e-cigarette use.
Your Right To Make Changes
If you want to change the product you ordered, please contact us. Please let us know if a change is possible. We will notify you of any changes to the product’s price, the delivery date, or anything else necessary as a result of your requested modification and ask for your approval before moving forward. If we cannot make any adjustments or the effects become intolerable, you may attempt to terminate the contract (see clause 8—Your rights to end the contract).
Our Right to Make Changes
6.1 – Minor adjustments to the products. We might make changes to the product:
Consider modifications to applicable laws and regulations, such as when new rules require packaging or product design changes.
We might also implement minor technological adjustments to address safety issues. These modifications won’t, however, significantly affect how you use the product.
Providing Products
7.1 – Cost of delivery. The delivery costs you see on our website are what you will pay.
7.2 – The day on which we will deliver the merchandise. We will notify you when the products are available as you proceed through the order process. We accept orders within 30 days of the day they are placed, and we will deliver the items to you as soon as possible.
7.3 – We are not accountable for delays out of our control. If something outside of our control prevents us from providing the products on time, we will notify you as soon as we can and take steps to minimise the impact of the delay. We will not be liable for any delays caused by the event if we follow these procedures; however, if there is a possibility of a significant delay, you may contact us to terminate the contract and receive a refund for any products you have already paid for but have not received.
7.4 – After the goods are delivered, you depart. If someone is available at your address to accept delivery and the packages are too big to fit through your letterbox, the delivery person will leave you a note with instructions on rescheduling delivery or picking up the items at their nearby depot.
7.5 – If a new delivery is not scheduled. If you do not schedule a new delivery date or pick up the products from a delivery station within 14 days of a failed delivery attempt, they will be returned to us. After we receive the products back, we will contact you to get further instructions. We also reserve the right to bill you for international delivery or storage cost. If we cannot contact you or reschedule delivery or collection, we may terminate the contract and apply clause ten.
7.6 – As soon as we deliver the item to the address you provide, you become the owner of the products.
7.7 – At what point do you take ownership of the products? You acquire ownership of the goods when shipped to you from our location.
Consider modifications to applicable laws and regulations, such as when new rules require packaging or product design changes.
We might also implement minor technological adjustments to address safety issues. These modifications won’t, however, significantly affect how you use the product.
Your Rights to End the Contract
8.1 – You can always end your contract with us at any time. Your rights will be impacted by several factors, including whether there is an issue with the products you bought, how we are doing, and the date you choose to end the contract:
You may be able to end the contract (or have the item repaired or replaced, have a service done again, or receive a partial or complete refund) if the item you bought is flawed or misrepresented; clause 11 provides further details.
Clause 8.2 provides further details if you want to end the contract because of something we have done or promised to do.
If you have recently changed your mind about the product, please refer to clause 8.3. For instance, you might qualify for a refund if you’re still within the cooling-off period. Still, there might be limitations, and you’ll be responsible for paying the cost of returning any merchandise.
8.2 – Ending the contract because of something we have done or intend to do. Suppose you terminate the contract for any of the reasons indicated in (a) through (c) below. In that case, the contract will end immediately, and we will fully reimburse you for any products that have not yet been delivered. These are the reasons why: We’ve notified you that the product you ordered has a pricing or description error, so you should not proceed. Events outside of our control could cause a significant delay in the products’ supply. You have the legal right to terminate the agreement if we did something wrong.
8.3 – Use your right to modify your mind (Consumer Contracts Regulations, 2013). For most items, you have the legal right to return an online purchase within 14 days if you live in the UK. Specific phrases give more detailed explanations of these rights about the 2013 Consumer Contracts Regulations.
8.4 – Our good faith guarantee: These terms represent Foggies Vape goodwill assurance to its UK clients. This guarantee, which applies to all customers and permits you to return the items within 30 days of delivery, is more lenient than your legal rights under the Consumer Contracts Regulations. The products cannot be used and must be fully sealed in their original packaging. This goodwill guarantee does not affect your legal rights concerning defective or misrepresented items; see clause 11.2 for further details.
8.5 – How long do I have to change my mind about what I want to do? You have thirty days starting from the day you (or a designated representative) receive the goods unless they are delivered multiple times on different days. In this case, you may return the items within 30 days of the day you (or a designated representative) accept the last delivery.
How to Terminate Our Contract (Including if You’ve Had a Change of Mind)
9.1 – Please notify us if you decide to end the agreement. If you want to end your contract, email us at info@foggiesvape.co.uk. Kindly provide your name, order number, or residential address along with your name.
9.2 – Product returns are made after the contract has ended. If you wish to terminate the contract, you must return the products to us after they have been shipped or received. Before sending the items back to us, please contact info@foggiesvape.co.uk. If you need help finding your order number, please include a note explaining why you’re returning the items, along with your name and order number. You have 14 days from when you notify us of your intention to cancel the contract to ship the goods back to us. We strongly advise using a traceable method of package dispatch to avoid the goods getting lost in the mail. We can only reimburse you for the item’s purchase price once you can provide proof that it was shipped to us and until we have received it.
9.3 – When are we going to pay the shipping costs? We’ll cover the cost of return shipping: If a product is unusable due to a defect or an inaccurate description. Let’s say you are ending the agreement because we told you about a planned modification to the product, an error in the price or description, a delay in delivery due to events outside of our control, or because you are legally entitled to do so because of something we did incorrectly. If so, we will also cover the cost of return shipping. You are responsible for paying the return shipping charges for everything else, including exercising your right to withdraw.
9.4 – The refund method: We will return your entire purchase price, including shipping costs, to your original payment method. However, as discussed below, we may deduct some of the costs.
9.5 – Refunds if you use your right of withdrawal. Should you assert the right to have a change of heart: Your refund of the purchase (less delivery fees) may be reduced if you handled the items in a way that would not be permitted in a store to reflect the reduced value. If we refund the money you spent before we could inspect the items and later discover that you mismanaged them, you will still be required to pay us the appropriate amount. Your maximum return for delivery expenses will be our least expensive delivery option. For example, if you choose to pay a higher price for 24-hour delivery even though we offer 1-3-day delivery at a fixed price, we would only reimburse the amount you would have paid for the more economical delivery option. Kindly note that we only reimburse shipping expenses in cases where we are at fault.
9.6—Refund timing: We will process any refunds that are due to you as soon as possible. If you choose to use your right to cancel, your refund will be handled within 14 days of the day we receive the returned item. For further information on how to send us a product for return, see clause 9.2.
Our Rights to End the Contract
We may release you if you don’t follow the terms of the agreement. However, we may terminate the contract for that product by contacting you at any time if you don’t give us a reasonable amount of time to deliver the goods or arrange for collection.
IF THERE IS A PROBLEM WITH THE PRODUCT
11.1—How to report problems to us: If you have any product questions or complaints, please email us at info@foggiesvape.co.uk.
11.2—Overview of Your Legal Rights: This contract requires us to supply the products, but these agreements do not affect other agreements.
11.3—Any items you choose not to use must be returned. Additionally, if you wish to use your legal right to reject the products, you must post them back to us. Please see clause 9.2 for instructions on returning the products to us.
What Constitutes a Faulty Product?
Products delivered to customers in perfect condition but exhibit defects such as burnt tastes, non-puffing, uncharging batteries, sparking, etc., are considered defective. You must send us a picture and video of the defective products so we can confirm the issue.
What Constitutes a Damaged Product?
We will submit a claim for any products that customers receive that leak or are damaged during transit or that were delivered in a damaged package, resulting in some of their vapes being missing.
You must email us a photo of the damaged products and package for confirmation.
Price and Mode of Payment
12.1 – Where to find the product’s price: When you place your order, the item’s price—including VAT—will be listed on the order page. We try to confirm that the product cost we’ve suggested is correct. However, for details on what happens if we discover a pricing problem with the item you ordered, please see clause 12.3.
12.2 – We will notify you of any changes to the VAT rate: Unless you have already paid for the product in full before the rate of VAT changes, we will adjust the rate of VAT you pay if the rate of VAT changes between the time we receive your order and the time we deliver the product.
12.3 – What would occur if the pricing needed to be corrected? It’s possible that some of the sold products have updated prices despite our best efforts. We frequently check pricing before accepting orders and charge a lower amount when a product’s correct price is less than our stated price at the time of your order. If the product’s accurate price at the time of your order is higher than the price we told you initially, we will contact you to get your instructions before processing your order. We reserve the right to end the agreement, reimburse any money you may have paid, and request the return of any gifts you may have received.
12.4 – The deadline and mode of payment: We accept PayPal payments, but you must pay for the products before we ship them.
12.5 – What to do if you think a bill needs to be corrected: If you think an invoice needs to be updated, please contact us immediately. Interest will only be assessed after the issue has been resolved.
Our Liability for Any Loss or Damage You Suffer
13.1 – We are Liable to You for Any Reasonably Predicted Loss or Harm: If we breach these terms and fail to use reasonable care and skill, we shall be liable for any reasonably foreseeable loss or harm. Nevertheless, any harm that is not reasonably foreseeable is not our responsibility. If both parties knew, at the time of the contract’s creation, that loss or damage would occur—for example, if you had discussed it with us during the sales process—it was foreseeable.
13.2 – We do not, in any manner, limit or exclude our liability to you where it would be unlawful to do so. This includes the legal rights you have about the products described in clause 11.2 and liability for death or bodily injury caused by our negligence or the negligence of our agents, subcontractors, or employees.
13.3 – We are not accountable for business losses. We only sell the products for use in homes and private environments. Therefore, if you use the products for commercial, business, or resale purposes, we won’t be liable to you for any loss of profit, interruption of business, or loss of business opportunity
How Your Personal Information Might Be Used
14.1 – How we intend to use your personal information: If you consent during the order process, we will use the details you provide us with to:
Give you the products.
Process the money you paid for the merchandise.
We will provide you with details about similar products we have available. You can choose not to receive this information at any time by contacting us.
14.2 – We will only share your personal information with outside parties per legal requirements or authorisation.
Other Essential Terms
15.1 – This Agreement may be Transferred to Another Person by us. These agreements give us transferable rights and obligations to another organisation. In the event that this happens, we will ensure it doesn’t affect your contractual rights and will always notify you in writing.
15.2 – You cannot transfer your rights to another person without our consent. Without our written consent, you may not assign your rights or obligations under these terms to any other party.
15.3 – The parties only benefit from this agreement. We and you have made this agreement. No other party shall be able to enforce any of its provisions.
15.4 – This agreement will still be in force even if a court decides that some parts are illegal. These phrases function separately from one another. Even if a court or other appropriate authority rules that any remaining clauses are unlawful, the remaining clauses shall remain in full force and effect.
15.5 – We may enforce this Agreement even if it takes some time. Even if we delay pursuing legal action against you for violating this agreement or don’t insist that you fulfil any of your obligations under these terms immediately, that doesn’t mean you won’t have to do those things. It won’t prevent us from filing a lawsuit down the road.
15.6 – Under what laws will this Agreement be governed, and where will any legal action be brought? Since English law governs these terms, you may bring a lawsuit involving the items in English courts. If you live in Scotland, you can bring a lawsuit against the products in English or Scottish courts. If you reside there, you may bring legal action against the products in Northern Irish or English courts.
Using our website, Foggies Vape, you accept our terms and conditions, privacy policy, and return and refund policies.