Terms & Conditions – The Vape Alchemist

The Vape Alchemist

Terms & Conditions

TERMS & CONDITIONS

The following terms and conditions apply to the use of The Vape Alchemist Ltd and govern your use of the Website. By using The Vape Alchemist Ltd you confirm that you are 18 years of age or older, and you agree to and accept all the Terms and Conditions, Privacy Policy and Delivery & Returns Policy in full. Please read all terms and conditions before further use. If you continue to use the website you accept all terms and conditions.

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OVERVIEW

This website is operated by The Vape Alchemist Ltd. Throughout the site, the terms “we”, “us” and “our” refer to The Vape Alchemist Ltd. The Vape Alchemist Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

The price payable for goods is set out on the website. Although we endeavor to make sure all prices are accurate, products can be mispriced on occasion. We are free to make changes due to supplier price increases, the imposition of taxes and duties, or errors when the price is published to you. We will send you send you the correct information and give you a grace period for you to cancel.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Klarna

In cooperation with Klarna Financial Services UK Limited, we offer you the following payment options. Payment is to be made to Klarna:

  • Pay in 3

  • Pay Later

 Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

SECTION 6 – ACCURACY OF BILLING, SHIPPING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You agree that if there is any errors in your delivery address and/or addresses provided at the time the order was made, you will be liable to pay a re-delivery fee if the product/s are returns to us and/or full payment of the items if the items are lost / delivered to the incorrect address.

It is your responsibility to ensure the shipping address details are correct, if you notice the shipping address details are incorrect after placing an order, please ensure you contact us immediately and before your item is dispatched. Incorrect details after dispatch will incure further shipping costs

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click HERE.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These terms are governed by the laws of the United Kingdom. The district courts within the United Kingdom have the exclusive jurisdiction regarding any and all disputes relating to these terms.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – Warranty Information

The Vape Alchemist Ltd wants customers to feel confident about purchases from our site.  We provide a thirty (30) day warranty from the date of delivery on all products that we sell unless otherwise noted in the product listing or in the exclusions below.  A lot of products that we sell come with a manufacturer warranty.  In this case, the manufacturer warranty will supersede the warranty offered by us.  When a manufacturer warranty applies, at the customer’s request, we will work with the manufacturer to fulfill warranty service.  Customers may also work with the manufacturer directly to obtain warranty service in these situations.  The 30 day warranty provided by us will only cover manufacturer defects and will not cover any damage from customer misuse.  We will repair or replace defective parts for the duration of the thirty (30) day warranty. 

In order to initiate a warranty claim, please send an email to Sales@fabvape.co.uk.  Please include the Order Number in the subject line and a thorough description of the issue in the body of the email. We may require video documentation of all defects.  Please attach a video documenting the defect to the email.  We may request additional information or documentation if necessary.  We always do our best to respond to emails the same day when possible, but in some cases it may take 1-2 business days for a Service Technician to review your submission and respond.           

Warranty Limitations and Exclusions

The following items have limited  or no coverage:

  • Glass Parts or Products – Glass parts or products are guaranteed to arrive unbroken. If a broken item is received, We must be notified within twenty four (24) hours of receipt.  Do not remove broken products from their packaging.  In order to initiate a warranty claim, send an email to Sales@fabvape.co.uk.  Please put the Order Number in the subject line and attach a video documenting the damage.
  • Coils and Cartridges – Coils and Cartridges are considered a consumable item and will need to be replaced from time to time. The lifespan varies greatly depending on the manufacturer and model that you choose and how you use and maintain it.  Coils and Cartridges are guaranteed to arrive in working condition, but this guarantee expires forty eight (48) hours after delivery or at the time that they are loaded with any substance, whichever comes first.  We recommend that all of our customers test coils immediately upon receipt by dry firing them in their atomizer without loading anything into the coil.  In order to initiate a warranty claim on faulty coils, send an email to Sales@fabvape.co.uk.  Please put the Order Number in the subject line and attach a video documenting the damage. 
  • Single use and disposable items are not covered by the warranty.

SECTION 21 – Product Returns & Exchanges

We understand that from time to time a customer may purchase something and change their mind about it.  We will accept a product return on unopened and unused items that are sent back to us (postmarked) within twenty (20) days of receipt, or a product exchange that is sent back to us (postmarked) within thirty (30) days of receipt.  Any product that is sent to us for a return or exchange must be unopened, unused, and contain everything that was included with the product.  The customer is responsible for the shipping cost to return or exchange an item where they have changed their mind.

E-liquid can be returned under our standard returns policy providing these extra terms are met:

The bottle must not have been opened and in a re saleable condition. Nicotine shots must not have been added to the E-liquid. flavour is a individual preference and we will not accept returns for flavour that is not to the customers “Taste”.

Under no circumstances we will accept a product return or exchange on an item that has been used.  Any item that is returned to us that appears to have been used will be destroyed upon receipt and no credit will be issued.

For returned items, we will generally process returned items within two (2) business days of receipt.  As long as the item is complete, unopened, and unused, we will issue a refund for the cost of the item.  Any associated shipping charges will not be refunded.  Credits will be issued to the account used to make the purchase and generally take three (3) business days to appear on your account. 

For exchanges, we will generally process the exchange within two (2) business days of receipt.  The customer will receive new tracking information via email for the exchanged item.  Shipping charges may apply. 

To initiate a return or exchange, please send an email to Sales@fabvape.co.uk.  Please make the subject of the email your order number.  The order number can be found on the confirmation email or the tracking emails that you are sent.  In the email, please indicate your desire for a return or exchange and include any applicable information.  Packages should be sent to:

The Vape Alchemist Ltd,

204 West Street,

Crewe,

Cheshire,

CW13HN

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at Sales@fabvape.co.uk

Section 22 – Safety

For your complete safety and security we must advise you of the following:

Nicotine in its pure form, when taken in high enough doses can kill. It is classed as a poison. For your own safety and others around you, please read the following carefully and take all necessary precautions.

WARNING: KEEP PRODUCTS OUT OF SIGHT AND REACH OF CHILDREN

Please treat this product with the utmost care and ensure that you adhere to the following advice:

  • Keep e-liquids locked up, out of reach of children and animals at all times.
  • Seek medical advice immediately if this product is swallowed.

General guidance and advice:

  • Nicotine is highly toxic.
  • Nicotine is very addictive.
  • It causes a danger of serious damage to health.
  • May cause harm to the unborn child – do not use if you are pregnant and/or breastfeeding.
  • Vapour may cause irritation to eyes and skin.
  • Vapour my cause drowsiness or dizziness.
  • If contact is made with skin, wash immediately and thoroughly with soap and water.
  • In case of contact with eyes, rinse immediately and thoroughly with water and seek full medical advice without delay.
  • Cartridges or unused e-liquid material and their containers must be disposed of in a safe way with due care to both man and the environment.

Warning:

  • To avoid risk to man and the environment, comply with the following instructions for use:
  • Not to be used by anyone under the age of 18.
  • Not to be used by people who demonstrate sensitivity to nicotine.
  • Not to be used by people with heart conditions/unstable heart conditions.
  • Not to be used by people with blood pressure problems.
  • Not to be used while pregnant or breastfeeding.
  • Keep your electronic vaporizing device locked away at all times.
  • The amount of nicotine in one cartridge if ingested by a small child could cause serious harm. In this case, medical assistance must be sought immediately without delay.
  • E-liquids may contain traces of nuts.

NOTE: Battery Safety

  • Use special caution when working with Lithium-ion cells, they are very sensitive to charging characteristics and may explode or burn if mishandled.
  • Make sure the user has enough knowledge of Lithium-ion rechargeable batteries in charging, discharging and assembly before use.
  • Always charge in/on a fire-proof surface.
  • Never leave charging batteries unattended.
  • Never continue to use an e-cigarette type device if you can feel the battery getting hot. If your battery becomes hot to the touch, or if it begins smelling: TURN THE DEVICE OFF IMMEDIATELY. Let it cool down (outside preferably) on a heat proof surface, and then dispose of safely, or contact customer services, if still under warranty.
  • Ensure you always use the charger that is specified for your device ONLY.

We are not responsible for damage if there is any modification of the batteries/chargers in any form or shape (including pack making). We are not responsible for any damage caused by misuse or mishandling of Lithium-Ion batteries and chargers. We will not be held responsible or liable for any injury, damage, or defect, permanent or temporary that may be caused by the use of any batteries.

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