Creative Clerks Limited t/a Vapeng.com
Terms of Sale
1 INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 We are Creative Clerks Limited and we operate as VAPENG.COM. We are limited company registered in England and Wales under company number 08289149 and have our registered office at 84 High Street Slough SL1 1EL.
1.2 To contact us, please use the details on our “Contact Us” page.
1.3 If we have to contact you we will do so at our option by telephone using the telephone number you have provided to us, or by writing to you at the email address or postal address you have provided to us.
2 THESE TERMS
2.1 These are the terms and conditions on which we supply products to you.
2.2 Please read these terms carefully before you submit your order to us. These terms tell you how we will provide products to you, how you may change or end the contract or request a refund, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. We may amend these terms from time to time without notice to you.
3 OUR CONTRACT WITH YOU
3.1 All orders made through our website are subject to acceptance and availability and to our age verification process. 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 and you will be assigned with an order number.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you. This might be because we are unable to verify your age, the product or part of it is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product.
3.3 Mainland UK only. Our website is solely for the promotion of our products to Mainland UK (meaning England, Scotland and Wales, but excluding Northern Ireland, the Scottish Highlands and the Channel Islands). If you are based outside of the Mainland UK and would like to place an order with us, please contact us so that we can determine whether we will be able to assist you.
3.4 You must be 18 or over to place an order with us. By placing an order with us you confirm that you are at least 18 years old. You will be required to provide certain information with your order as part of our age verification process. If we (or our couriers) are in doubt as to your age or cannot verify your age using the information provided we may request that you (or the person taking delivery of the products) provide additional information to confirm your age. We may perform third party database checks in order to validate your name, address, age and other personal information supplied by you when you submit an order to us.
4 OUR PRODUCTS
4.1 The images of the products on our website are for illustrative purposes only and the products may vary slightly from those images. The packaging of our products may also vary from any which is shown on our website.
5 PRODUCT CHANGES
5.1 If you wish to make a change to the products 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 products, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you can end the contract in accordance with these terms and conditions.
5.2 We may make changes to the products, for example to reflect changes in relevant laws and/or regulatory requirements. If we need to make any changes we will notify you and you can then contact us to end the contract before the changes take effect and receive a refund for any products which you have paid for but not received.
6 PROVIDING THE PRODUCTS
6.1 Any delivery costs will be set out in the order process.
6.2 We will deliver products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order (unless we agree alternative arrangements with you).
6.3 If our supply of 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.
6.4 Delivery will be made to the address you give in your order. If no one who we reasonably believe to be over the age of 18 is available to accept delivery at this address, a delivery card will be left explaining where to collect the package or how to rearrange delivery. 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.
6.5 The product will be your responsibility from the time we deliver it to the address you gave us in your order or as otherwise specified in your delivery instructions.
6.6 If we have to suspend the supply of a product to you (for example, to deal with technical problems or changes in relevant laws and regulatory requirements), 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. You may contact us to cancel your order if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance after you cancel the order.
6.7 We may cancel your order if you break the terms of the contract. We may end the contract for a product at any time by writing to you if:
6.7.1 you do not make any payment to us when it is due;
6.7.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, such as information to verify your age; or
6.7.3 you do not, within a reasonable time, allow us to deliver the products to you.
7 CANCELLATION AND RETURNS
7.1 Yours rights to cancel. Under the Consumer Contracts Regulations 2013, you have a right to change your mind and cancel your order within 14 days of receiving it unless one of the legal exceptions applies.
7.2 Our products are packaged and sealed for health protection and hygiene purposes. Because of this, once the seal of an item has been broken after you receive it, you do not have a right to change your mind and cancel your order for it. Unless there is a fault with such items, we will only accept returns after that 14 days period.
7.3 Under our returns policy, you have 14 days after the day you receive the products to cancel your order (subject to the restrictions around security seals above). If you cancel your order for any reason after the products have been dispatched to you or you want to return a product after you have received it, you must return the products to us, following our returns policy. Please let us know so by doing one of the following:
7.3.1 Phone or email. In relation to any products, contact customer services. Please provide your name, home address, details of the order and, where available, your phone number and email address.
7.3.2 Using the model form provided at the end of these terms.
7.4 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. Please call contact customer services if you have any questions about how to return the products. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
7.5 Refunds. Any refunds are made using the method you used for payment.
7.6 If you are exercising your right to change your mind, we may reduce your refund of the price to reflect any reduction in the value of the products, if this has been caused by your handling of them. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
7.7 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within [3-5] days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.8 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind and are entitled to a refund then your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, 14 days from the day on which you provide us with evidence that you have sent the product back to us.
8 IF THERE IS A PROBLEM WITH THE PRODUCT
8.1 If you have any questions or complaints about the products, please contact us.
8.2 We are under a legal duty to supply products that comply with our contract with you. Nothing in these terms will affect your legal rights.
8.3 If the products (or any part of them) are faulty please contact customer services for a replacement or refund. You are entitled to a replacement or refund for 14 days from the date of purchase. This offer does not affect your legal rights.
8.4 We will arrange and pay for the return of the faulty item (either by collecting it from you or asking you to post it to us), allowing us to determine the cause of the fault.
9 PRICE AND PAYMENT
9.1 The price of the product will be the price indicated on the order page when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct.
9.2 We accept payment through the methods set out in our order process and only in UK Pounds Sterling (GBP). You must pay for the products before we dispatch them. We will not charge your credit or debit card until we accept your order.
10 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 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; for fraud or fraudulent misrepresentation; or any other matter for which it would be unlawful for us to exclude or restrict liability.
10.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any business related losses.
10.3 Please use our products responsibly. Usage instructions are included with our products and we are not liable for losses which result from your failure to follow those instructions, particularly with regard to lithium-ion battery safety and nicotine handling.
11 HOW WE MAY USE YOUR PERSONAL INFORMATION
Your personal information is used as set out in our Privacy Notice.
12 OTHER IMPORTANT TERMS
12.1 When we use the words “writing” or “written” in these terms, this includes emails.
12.2 The contract is between you and us and no other person shall have any rights to enforce any of its terms.
12.3 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.
12.4 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.
12.5 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. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.