This page (together with the documents referred to on it) sets out the terms and conditions upon which we supply any of the products ("Products") listed on our website www.ultimatevape.co.za (our "site") to you, whether ordered via the site, our call centre or by mail or purchased from us at a retail outlet. Please read these terms and conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1.1 www.ultimatevape.co.za is a site operated by UltimateVape (Pty) Ltd ("UltimateVape", "we" or "us"). We are registered in South Africa under company number 2013/186400/07 and with our registered office at in Windlass Way, West Beach, Cape Town, South Africa 7441
2.2 No Credit Card numbers are held within this site or the associated back-office systems used to process your orders. For future reference to help us communicate with you, the first few and/or last digits only of the Credit Card number are kept by us.
2.3 For any repeat orders our Credit Card Agency securely holds your Credit Card details and provides us with a unique token that represents that particular card; this token is only valid for payment to UltimateVape and this data is therefore worthless to any potential web site hacker.
3. SERVICE AVAILABILITY
3.1 We do not accept orders from individuals resident in UK, USA and Canada and we reserve the right to refuse access to the site, to terminate accounts, to remove or edit content or to cancel orders at our discretion. If we cancel orders it will be without charge to you.
4. THE PRODUCT AND YOUR STATUS AS PURCHASER
4.1 Some Products contain nicotine and are addictive. They may not be sold to people under the age of 18 years and are not suitable for pregnant/breast feeding women or anyone who suffers from nicotine allergies or heart disease. Products should be kept out of reach of children. Electronic cigarettes are an alternative to tobacco smoking and are not intended to be a smoking cessation device.
4.2 By placing an order through our site, you warrant that:
4.2.1 You are legally capable of entering into binding contracts; and
4.2.2 You are at least 18 years old.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 After placing an order via our site you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will notify you if a Product may not be available or may be delayed.
5.2 The Contract will relate only to those Products not notified as out of stock or delayed and whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the Products are available and the dispatch of such Products can be confirmed.
6. AVAILABILITY AND DELIVERY
6.1 Your order will be fulfilled within 30 days of the date on which the Dispatch Confirmation is sent, unless there are exceptional circumstances or we have notified you that stock is unavailable or there is likely to be a delay.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you Dispatch Confirmation.
8.3 Our site contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9. OUR REFUNDS POLICY
9.1 You may cancel your Contract at any time prior to receipt of the Dispatch Confirmation.
9.2 If you have had a change of heart you must return the item to us unused and in its original condition within 7 days of receipt for a refund. Each returned Product must include all parts, accessories, instructions and packaging.
9.3 Please contact us and we will instruct you on how to return the items.
9.4 If the Product you have ordered is faulty you have 30 days in which to return it. Parcels or items damaged in transit must be verbally reported to us before 3.00pm the next working day following delivery, and also by email within 3 days.
9.5 Please contact us and we will instruct you on how to return the items to us. Failure to do this will delay your return being processed.
9.6 When returning faulty items we may still ask you to return goods yourself. On receipt we will reimburse to you the costs incurred by you provided that the Products are faulty and you provide appropriate evidence to support the sums claimed.
9.7 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will notify you of your refund via letter or e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via letter or e-mail that you were entitled to a refund for delivery of the defective Product.
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
10.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
10.3 This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or your statutory rights as a consumer.
11. IMPORT DUTY
11.1 If you order Products from our site for delivery outside South Africa, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. WRITTEN COMMUNICATIONS
12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by phone or by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13.1 All notices given by you to us must be given to UltimateVape at Windlass Way, West Beach, Cape Town, South Africa 7441 or email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 12. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 Strikes, lock-outs or other industrial action.
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.2.5 Impossibility of the use of public or private telecommunications networks.
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.
17.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Products (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
20.1 Contracts for the purchase of Products through our site will be governed by South African law. Subject to the remainder of this clause, any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of South Africa. Nothing in this clause limits UltimateVape's right to bring proceedings against you (a) in any other court of competent jurisdiction or (b) concurrently in more than one court of competent jurisdiction.
21.1 Our products are not intended to treat, cure or prevent any disease, nor is the information supplied on our site or in our magazine or catalogue intended to replace the individual advice available from your own doctor. If you have a recurring health problem that worries you, always tell your GP. If you are taking a prescription medicine, please consult your doctor or pharmacist before using the UltimateVape Product. If you experience an adverse reaction, stop using the Product immediately and seek medical advice. Further, some components can become very hot if used excessively or left in an open environment and if not used carefully and safely can burn skin and be dangerous to children.