Terms & Conditions
Terms & Conditions
By using our website to order products or services or to contact us for any reason, you are agreeing to these Terms and Conditions and our Privacy Statement which can be read here.
Vapebay and our subsidiaries and affiliates ("we" or "us" or "our") provide the information contained on our website to visitors ("visitors" or "you" or "your") subject to the Terms and Conditions set out on this page as well as those contained in our Privacy Statement and any other relevant terms and conditions, policies and notices which may be applicable to a specific section of the website.
2 Product Specific Terms & Conditions
2.1 Age Restriction
You must be eighteen (18) years of age to purchase our products. Vapebay will not sell products to minors and we reserve the right to cancel any transaction based on our sole discretion where we believe the purchaser intends to purchase products on behalf of a minor.
2.2 Product Use
The electronic cigarette does not cure a smoker's addiction to nicotine, it merely serves the same purpose as a tobacco cigarette - it delivers nicotine to the user. If you suffer from the disease of Tobacco/Nicotine Dependence Syndrome we recommend you visit your health care provider to discuss NRT (Nicotine Replacement Therapy) or a nicotine harm reduction program. We are not a pharmaceutical company and we do not manufacture or sell medicinal products. We recommend that you seek independent advice or information from your own medical health practitioner prior to your use of any of our products. It should be noted that nicotine, in high doses, can be harmful. In concentrations above 2.5% (25mg/ml) nicotine is classed as a poison. Therefore, on some products we are required to publish warnings and safety information, which you can read on the respective product pages. You agree that these products are to be used at your own risk. Under no circumstances will Vapebay be held responsible or liable, directly or indirectly for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on any product we supply. All our flavourings, whether contained in pre-mixed e-liquid, or sold separately as flavour concentrates are certified as safe for general food use under European and/or USA food safety regulations. There is currently no regulation for production of flavourings for inhalation. That said, lipid containing oils, colourings, diacetyl, acetoin and acetyl propionyl have all been shown to be harmful through inhalation. None of our concentrates or pre-made liquids contain these components. Even so, Vapebay cannot be held responsible for any claim or damage arising from the use of food flavourings in electronic cigarettes, e-cigs, personal vaporisers or any other form of inhalation device. As with smoking cigarettes, the use of personal vaporisers and the use of food-safe flavourings is undertaken by the user wholly at their own risk. Goods are NOT supplied on a trial basis or on a 'use or return' basis.
2.3 Product Pricing and ordering
The total price of the goods ordered will be the price shown at the time of the order. The full purchase price as well as the cost of packaging and shipment will be clearly displayed on the checkout page before you commit to the order. Placing items in your cart does not "reserve" them or guarantee that you will be able to order them. Your order is not complete and, in the system, until you have fully completed payment. Therefore, if you have limited stock or fast selling items in your cart, they could sell out if someone else is purchasing the same item at the same time and completes checkout before you. If you forget to order something and place another order later on, please do not ask us to combine your order or refund shipping costs. Multiple orders may automatically be combined by our batch processing system or they may not, depending on where the two orders are in the batch, and it's not something we can alter or accommodate.
2.4 Sales Taxes (VAT)
All our products are duty paid in the United Kingdom and the purchase price includes VAT (sales tax) at the current rate (20%) where appropriate. Any additional duties or taxes payable by customers outside the UK are the sole responsibility of the customer.
Free Delivery for orders over £40* only. Shipping costs are based on the weight of the items in your cart and will be calculated when you check out. Standard UK orders are sent Second Class via Royal Mail's Recorded Signed For™ service. We aim to process, and ship orders the same working day if payment is made before 2pm GMT; otherwise, the next working day. We are not responsible for packages delayed. If you wish to contact us about non-delivery, we ask that you please wait until the usual delivery time period has elapsed, as we won't be able to assist until this time period has passed. If you are located in the UK and the value of your cart exceeds £50, you should elect to upgrade to the Royal Mail Special Delivery™ Next Day which provides a much more reliable service as well as insurance up to £500. By selecting this option, you are not purchasing a warranty that your package will arrive the day after you place your order, you are upgrading the shipping method to the Royal Mail UK Special Delivery™ Next Day Service which will be delivered by 1pm the working day after dispatch. Further information about this and other services can be found on our Delivery Information Page. You will receive email confirmation once your order has been dispatched and the Royal Mail reference will be located near the bottom of this email, underneath your order details. Please ensure you check your spam filtered emails before contacting us to ask for the tracking reference.
3.1 Entire Agreement
These website Terms and Conditions constitute the sole record of the agreement between you and Vapebay in relation to your use of the website and products. Neither you nor Vapebay shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website, Terms and Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Vapebay.
3.2 Data Protection
Vapebay warrants that it has made all relevant notifications in accordance with its obligations under the Data Protection Act 1998 to the extent required for the processing of personal data (as defined under the Act) in the performance of its obligations and exercise of its rights under this Agreement. We agree to comply with the relevant provisions of the Data Protection Act 1998 and any directions issued by the Information Commissioner in its processing of such personal data.
Vapebay may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant Terms and Conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website Terms and Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
3.5 Acceptable Behavior
Vapebay reserve the right to conduct business with only those parties that they deem fit and to refuse service to anyone for rude and obnoxious behavior, misrepresentations of any kind, violations of general internet policies such as spam and/or continual customer complaints for products and/or services offered.
Vapebay shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
3.8 Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
3.9 Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Agreement to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable.
3.10 Comments or Questions