Terms of Service
OVERVIEW
This website is operated by Mohammed Anwar T/A Ye Olde Vape Shoppe, hereby and throughout this website referred to as solely Ye Olde Vape Shoppe. Throughout the site, the terms “we”, “us” and “our” refer to Ye Olde Vape Shoppe. Ye Olde Vape Shoppe 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 – DEFINITIONS
- “Conditions” means these terms and conditions together with any terms and conditions in the Product Description.
- “Product” means any of our products displayed for sale on the Website.
- “Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided.
- “Users” means the users of the Website collectively.
- “Personal Information” means the details provided by you on placing an order.
- “We”, “us” and “our” means Mohammed Anwar T/A Ye Olde Vape Shoppe. Registered Address: 47 Regent Road, Great Yarmouth, NR30 2AL. VAT Number: 700021422.
- “Websites” means the websites located at www.yeoldevapeshoppe.com and any one of them, and any subsequent URL which may replace them.
- “Cookies” means small text files which our websites place on your computer’s hard drive to store information about your shopping session and to identify your computer.
- “United Kingdom” means England, Wales, Scotland, and Northern Ireland.
- “You” means a user of this website.
SECTION 2 – 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.
SECTION 3 – 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 4 – 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 5 – 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 6 – 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 colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
Product Images are for illustrational purposes only, actual products may vary. Please read ‘Additional Information’ on product pages for product attributes.
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 any time 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 reserve to right not to accept any orders received by us. Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock
- Our inability to obtain authorisation for your payment and/or suspected fraud
- The identification of a pricing or product description error
- Our inability to deliver to your specified delivery address
- You not meeting the eligibility criteria set out in these Conditions, including us suspecting that you are not over the age of 18
- We may decline orders of over £10,000 over the Website (including multiple orders adding up to that amount over a short period). If you would like to place a large order, please get in touch with us in the first instance using the contact details provided at the bottom of this page.
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.
SECTION 7 – ACCURACY OF BILLING 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.
For more detail, please review our Returns Policy.
SECTION 8 – 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 9 – 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 10 – 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 to:
- (1) maintain any comments in confidence;
- (2) pay compensation for any comments; or
- (3) 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, libellous, 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 libellous 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 11 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 12 – 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 13 – 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 14 – 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 Ye Olde Vape Shoppe, 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 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ye Olde Vape Shoppe 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 16 – 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 17 – 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 18 – 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 19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 47 Regent Road, Great Yarmouth, NR30 2AL, UK.
SECTION 20 – 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 21 – SURVIVAL
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
SECTION 22 – ELIGIBILITY CRITERIA
This website is not for use by anyone under the age of 18. If you are aged under 18, you may not access any part of the website. The products offered for sale on these websites are intended only for those aged 18 or over. Products may not be purchased by or for anyone under the age of 18.
We are committed to upholding both its legal and social obligations as a retailer of nicotine containing products. To achieve this, we have a number of control checks throughout the purchase and physical distribution process. For example, we may request your date of birth when entering the website, and/or validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. In accepting these Conditions, you agree to provide us with truthful and accurate information.
SECTION 23 – USE OF NICOTINE PRODUCTS
Our products are designed for adult smokers and adult e-cigarette users only. Many of our products contain nicotine which is a highly addictive substance. Nicotine-containing products should not be used by pregnant or breastfeeding women or persons in ill health. Our products are not for sale or use by those under 18 years old, and generally, all e-cigarettes and nicotine-containing products should be kept out of reach of children. Whilst we ensure our products are made to high standards, you acknowledge that you use our products at your own risk.
SECTION 24 – AGE VERIFICATION
You must be over 18 to purchase certain products from this website. We have an effective and monitored age verification process provided by VerifyMyAge. We will not sell to persons that do not meet the age restrictions for these products and by continuing with a purchase you hereby consent to the processing of your personal data for age verification purposes.
Where you have asked us to provide an age restricted product or service, you consent to allow us to share your information with, and collect information from, VerifyMyAge (KYC AVC UK LTD) and third-party providers of identity data to VerifyMyAge (KYC AVC UK LTD). This consent is necessary for VerifyMyAge (KYC AVC UK LTD) to verify that you meet the minimum age and identity verification requirements as determined by relevant UK age restriction legislation. You consent to allow VerifyMyAge (KYC AVC UK LTD) to retain relevant data for the purpose of future verification. All data processed by VerifyMyAge (KYC AVC UK LTD) is subject to appropriate security measures. Data retained by VerifyMyAge (KYC AVC UK LTD) is subject to periodic review to ensure it is not held for longer than necessary. You can find information about how VerifyMyAge (KYC AVC UK LTD) manage your personal data and view their privacy policy by visiting their website: https://www.verifymyage.co.uk/
We will record that your age has been successfully verified so that you don’t need to go through the process again.
SECTION 25 – DELIVERY
We use third party couriers when posting our items and cannot be held accountable for lost or stolen items in the post. This is the sole responsibility of the courier. We can provide proof that your order has been sent out via invoices and processing data. Refunds or replacement products will not be provided unless otherwise advised by us.
We can only deliver to the United Kingdom and the Republic of Ireland. Certain products may be unavailable to customers based on country, due to regulatory restrictions.
SECTION 26 – RETURNS
Refunds are only issued on unused items in its unopened/undamaged packaging. If your item is faulty, we retain the right to issue a refund, or a credit note as a replacement. Items that have been returned as faulty will be sent back to you if we find nothing is wrong with the purchase or if the problem is due to you. It’s your responsibility to return the items to us and needs to be done promptly at your cost. Please see our Returns Policy for more information.
SECTION 27 – RECOMMENDATIONS
As part of your website experience, we may use Cookies to offer recommendations to you of products you may like based on your past purchases, top sellers, ratings and products you have recently viewed. We may also compare your interests and buying habits with the interests and habits of other customers, to show you relevant products.
We take reasonable care to ensure our recommendations are in line with your behaviour as a customer on our websites. Details of the products we recommend – such as price – are correct at the time recommendations are originally made to you but can be subject to change without notice.
SECTION 28 – MYSTERY BOX
The purchase of any Mystery Box with a qualifying order is final and not eligible for returns or any other exchanges. We are also unable to offer refunds on any shipping costs at this time.
Our Mystery Box offers cannot be combined with any other discounts and promotions. If applicable, shipping and tax will be applied to the order.
If a customer orders multiple Mystery Boxes across different orders, they may receive duplicate items.
We do not review customer purchase histories and therefore cannot guarantee that a Mystery Box will not contain similar style products that they have previously ordered from this website.
The products inside each Mystery Box are selected randomly pertaining to the included brands that are advertised (if applicable).
SECTION 29 – CANCELLATIONS
By law, you have the following cancellation rights when you place an order with us online or by telephone:
- You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the products.
- Your right to return products does not apply to any products which have been opened after delivery and/or appear to have been used. This is necessary for hygiene reasons.
- If you wish to exercise your right of cancellation, you must retain possession of the products and take reasonable care of them. Do not use the products if you have decided to cancel the order.
- To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, address, details of the order you wish to cancel and, where available, your phone number and email address.
- You can cancel by sending us an email using the contact details at the bottom of this page.
- If you decide to cancel, you should return the products to us at your cost within 14 days of such cancellation. You should keep proof of postage. Once we receive the products, we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to products to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
- We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of you failing to take reasonable care of them. We will make the reimbursement no later than 14 days after the day we receive back from you any products supplied.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us via email to info@yeoldevapeshoppe.com or in writing to Mohammed Anwar T/A Ye Olde Vape Shoppe, 47 Regent Road, Great Yarmouth, NR30 2AL.