TERMS AND CONDITIONS FOR HOG VAPING
By clicking to agree to our Terms and Conditions Policy, you are confirming that you are 18 years of age or above and understand that is illegal to purchase any of the products contained on this website for use by anyone under the age of 18 years.
WEB SITE ACCESS
It is not necessary to register with us in order to use most parts of this Website. [However, particular areas of this Website will only be accessible only if you have registered.]
USE OF WEBSITE
You may not print or download or modify or reproduce any content from this Website without our prior written consent.
All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.
VISITOR PROVIDED MATERIAL
Any material that a visitor to this Website sends or posts to this Website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information.
When using this website you shall not post or send to or from this Website any material:
for which you have not obtained all necessary consents;
that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
LINKS TO AND FROM OTHER WEBSITES
Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
Any party wishing to link to this website must have prior written consent from us and is entitled to do so provided that the conditions below are observed:
you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
you do not misrepresent your relationship with this website; and
the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
By linking to this Website in breach of clause 1.9 you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and or up to date.
All material contained on this Website is provided without any or warranty of any kind. You use the material on this Website at your own discretion.
EXCLUSION OF LIABILITY
We do not accept liability for any loss or damage that you suffer as a result of using this Website.
LAW and JURISDICTION
RIGHTS AND OBLIGATIONS
2. Payment and Personal Information
2.1 You undertake to pay any amounts due prior to goods being despatched.
2.2 The Personal Information you provide is true, accurate, current and complete in all respects.
2.3 You must notify us immediately of any changes to the Personal Information using the contact details at the end of this document.
2.4 You must not attempt to impersonate any other person or entity or to use a false name.
3.1 We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods or Services available. We also reserve the right to change or add to these Conditions from time to time.
3.2 Unless you have placed an order for any Goods or Services by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
3.3 From time to time we may also have to make changes in the specification of any Good or Service:
3.3.1 to make it conform with any applicable safety or other statutory requirements or
3.3.2. to make it reflect changes in the manufacturer’s specification,
but we will endeavour to ensure that such changes do not reduce the quality or performance of such a Good and/or Service. Where you have placed an order for the affected Good and/or Service and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.
Goods and Non-subscription Services:
4.1 You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods or Non-subscription Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
4.2 We shall not withdraw or modify to your substantial detriment any of the Goods or Non-subscription Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.
4.3 The purchase of software products is subject to your acceptance of the terms of any end user and/or licensing agreement(s) relating to such software.
4.4 Estimated time frames for delivery of Goods or completion of Services are estimates only and delays may arise due to matters outside of our reasonable control.
4.5 Goods are supplied to EU countries only at this time and may be subject to EU export control laws and laws of the country where they are delivered or used. Under these laws, such Goods may not be sold, leased or transferred to restricted end-users or countries or for restricted end-uses. If Goods are supplied to you subject to any such Export Laws, such supply is subject to you not falling into any such restricted categories.
5.1 Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us and those who are residents in the EU.
5.2 Goods and Services are only available to individuals who are 18 years old or over and by ordering or otherwise purchasing such Services, you confirm that you are 18 years old or above.
5.3 When requested by us, you must provide your name, phone number, address, payment details and other requested information.
5.4 Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable) or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.
5.5 You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
5.6 We may, at our own discretion, limit, restrict or reject any order you place at any time prior to despatch. Where this happens, we will attempt to contact you. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.
PRICE AND PAYMENT
6.1 The price of the Goods or Services (if any) shall be the price of which we inform you prior to accepting your order. Prices include VAT at current rates unless stated otherwise.
6.2 If you fail to make any payment when due then, without prejudice to any other right or remedy we may have, we may:
6.2.1 where you have ordered Goods or Non-subscription Services, cancel this agreement; and/or
6.2.2 in any event, charge you interest (before and after any judgment) on the amount unpaid, at the rate of 2% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
6.3 You confirm that any payment method you use is yours.
6.4 Payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.
6.5 Once your Goods have been collected and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.
6.6 Irrespective of your receipt of the Goods, the passing of risk or any other provision of these conditions, ownership shall not pass to you until we have payment in full for the Goods.
6.7. Until such time as the ownership passes to you, you shall hold the Goods on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Goods to us.
CANCELLATION, RETURNS AND EXCHANGES
7.1 Without prejudice if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 7 days written notice.
7.2. In certain situations, we may be prepared to give you a refund or exchange for Goods if you change your mind. In this situation Goods must be returned to us within 14 days of purchase, in an unused condition and in the original, undamaged or undefaced packaging.
7.3 Faulty items must be reported to us immediately through our ‘Contact Us’ page on our website at www.hogvaping.co.uk or via email at [email protected]. Goods will be tested by us on receipt. If no fault is found, the return postage costs will be the responsibility of the buyer.
7.4 Goods that are damaged or develop a fault through misuse, accident or wear and tear are not covered by our returns policy.
GOODS AND/OR SERVICES ORDERED ONLINE
8.1 Consumers ordering Goods or Services at a distance (such as via telephone or online) have certain cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000.
8.2 You may cancel any order for Services any time within 14 days from the day after placing your order, however, you may not cancel once Goods have been despatched or we have started providing any part of Services to you with your agreement.
8.3 You may cancel any order for Goods within 14 days from the day after receiving your Goods without liability to us.
8.4 A working day is any day except Saturday, Sunday and UK public holidays.
8.5 You may cancel your order by calling us on 01543 274460 or email to: [email protected]
8.6 If you cancel an order for Goods after despatch, they must be returned to us within a reasonable period, complete (with any accessories, leads or other items provided with the Goods) unused and undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge the costs to you for those we incur in recovering the Goods from you (which may be substantial) or the stand alone retail value of any missing or damaged items.
8.7 You must return the Goods by sending them to Hog Vaping, Unit 4 Chasewood Business Park, Heath Hayes, Cannock, Staffs, WS12 3XR, UK initially at your cost. It is your responsibility to ensure that the Goods are received by us. Proof of Posting is not proof of receipt and we therefore recommend that you use ‘Signed For’ services for the return of Goods.
8.8 You shall be under a duty to take reasonable care of the Goods until received by us and it is your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.
8.9 You are entitled to examine any Goods ordered as you would in a shop. However, if you use the Goods, you may lose your right to cancel your purchase. We reserve the right to charge you for the value of any Goods returned which have been used or damaged whilst in your possession, up to the full cost price of the Goods.
YOUR PERSONAL INFORMATION
9.1 We need to collect certain Personal Information to provide you with the Goods and/or Services.
9.2 We do not pass your personal information on to a third party without first obtaining your permission.
LIMITATION OF LIABILITY
10.1 We will not be liable for any loss or damage caused by us in circumstances where:
10.1.1 there is no breach of a legal duty of care owed to you by us; and/or
10.1.2 such loss or damage is not reasonably foreseeable.
10.1.3 we will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
10.2 Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
10.3 Nothing in these Conditions shall:
10.3.1 exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
10.3.2 limit your rights as a consumer under applicable UK law.
10.4 All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
10.5 The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard.
10.6 Each provision of this Clause 10 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
11.1 Events Beyond the Parties Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
11.2 Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
11.3 Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions. Any attempt by you to do so shall be void.
11.4 Governing Law: These Conditions will be governed by English Law and if you are not happy with how we deal with any disagreement and want to take bring court proceedings, you must do so within the UK.
11.5 Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
HANDLING COMPLAINTS AND SENDING NOTICES
12.1 If you wish to make a complaint you may do so in the following way:
12.1.1. In writing addressed to: Hog Vaping, Unit 4 Chasewood Business Park, Heath Hayes, Cannock, Staffs, WS12 3XR, UK or email to [email protected].
12.1.2 If you need to send us a notice in relation to these Conditions you can do so by post to: Hog Vaping, Unit 4 Chasewood Business Park, Heath Hayes, Cannock, Staffs, WS12 3XR, UK.
12.1.3 Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.
Our business’s name is: Hog Vaping
Our business address is: Unit 4 Chasewood Business Park, Heath Hayes, Cannock, Staffordshire, WS12 3XR, UK
Our VAT registration is: 173 2121 42
Our contact details are: Email: [email protected]
Unit 4 Chasewood Business Park