Terms and Conditions Of Site Use & Product Sale
Please read these terms and conditions (“the Terms”) carefully. By entering our Website, you are deemed to have accepted our conditions of use as set out in the Terms.
Buyer means the individual, company or organisation that purchases, buys or agrees to buy the Goods from the Seller.
Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
Goods means the products and supplies that the Buyer agrees to buy from the Seller.
merlinsmagicvapes.co.uk, Southampton, England.
The Customer who places an order, Via the Website, Telephone or by Letter.
Terms and Conditions means
The terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller (merlinsmagicvapes.co.uk) to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller’s address at merlinsmagicvapes.co.uk, 145 Obelisk Road, Southampton, SO19 9DN, England.
READ FIRST BEFORE USING ANY OF OUR PRODUCTS
Our electronic cigarettes use lithium ion batteries which can be volatile if improperly used. If you purchase a battery through merlinsmagicvapes.co.uk it is your responsibility to take the following safety precautions:
- Ensure you have purchased the correct chargers from merlinsmagicvapes.co.uk and do not use any other e-cigarette charger units purchased from other outltes and vendors or use any other method of charging such as computers, iPhone plugs, car chargers.
- Maintain a visual watch over your battery whilst charging. Never leave the battery charging unsupervised.
- Regularly check your battery when charging for signs of overheating. If your battery shows signs of overheating unplug from the mains and place the battery outside safe from other people.
- Do not leave your battery on charge for long periods or overnight.
- If you think you have a faulty battery contact merlinsmagicvapes.co.uk and do not use the battery in the meantime.
- By using one of our batteries you accept and take full responsibility for the general and known risks associated with using lithium ion batteries such as overheating and exploding which can cause fire, personal injury and property damage. Please search online for ‘lithium ion battery hazards’ and read the information about these hazards before you use one of the merlinsmagicvapes.co.uk batteries.
PRODUCT HANDLING & USAGE
- Do not keep / store or place an electronic cigarette in a pocket or in a handbag. Only store your e-cigarette in the carry case provided or safely secure in one of our lanyards, if you do not have one of these please ensure you purchase one from merlinsmagicvapes.co.uk. E-cigarettes are fragile and may get damaged easily.
- Do not leave your e-cigarettes or e-liquid in direct sunlight. Always store in a cool place.
Electronic cigarettes are mainly used with e-liquid that may contain nicotine. Please follow these instructions:
- Speak to your doctor before you use an electronic cigarette.
- Do not use if you suffer from allergies, if you are pregnant, if you have heart or lung problems, if you suffer from high or low blood pressure, or before you have consulted your doctor.
- Nicotine is addictive use only after seeking medical advice.
- KEEP AWAY FROM CHILDREN
All our e-liquid is made in the UK by merlinsmagicvapes.co.uk. We DO NOT import e-liquid. We use only pharmaceutical grade nicotine, the finest grade propylene glycerol, vegetable glycerol and natural flavourings. We use 70PG-30VG, 50PG-50VG or 30PG-70VG mixes to produce a high quality vape experience on different types of device. This is provididng the correct selection has been made by the Buyer.
We offer a warranty on all of our products from date of purchase subject to these terms. Please see below for specific product warranties.
- a) Batteries = 1 month warranty
- b) Clearomizers/Atomisers = 2 weeks warranty
- c) Chargers = 1 month warranty
- d) E-Liquid = No Refund/No Return
The warranty/guarantee offered by merlinsmagicvapes.co.uk covers FAULTY products only – WE DO NOT GUARANTEE YOU WILL LIKE THE PRODUCTS OR E-LIQUID. We only guarantee that they will work according to specification. If a product is returned in a damaged condition which it was not sold in then the warranty will be invalid (we do NOT cover items of any starter kit or single purchased items that have become damaged or broken after delivery).
The warranty for faulty items covers replacement – repairing and in extreme cases a refund may be granted.
To Claim Under the Warranty/Guarantee
- a) First return all faulty products by post.
- b) Provide receipt of purchase
- c) Provide return address
Once We Have Received Your Items We Will Then:
- Test the items – if items are found to work as specified sale description no refund will be given and items returned to you.
- If items are found to not work as specified in the sales description then a full refund or like-for-like swap will be offered within 1 week of merlinsmagicvapes.co.uk receiving the items.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days or purchase other goods to the value of the original order.
When making an order through the merlinsmagicvapes.co.uk website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process Section.
Age of Consent
Goods may only be purchased by persons 18 years old and over.
If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
Price and Payment
The price of the Goods shall be that which is stipulated on the merlinsmagicvapes.co.uk Website. The price is inclusive or exclusive of VAT. The price does not include delivery charges.
The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel
Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
Delivery of e-Cig Products and Supplies
Goods supplied within the UK will normally be delivered within 7 (Seven) working days of acceptance of order, this timescale may be longer depending on third party delivery companies used. By accepting our terms and condistions you agree that you understand this.
Goods supplied outside the UK will normally be delivered within 15 (Fifteen) working days of acceptance of order.
The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
By accepting these terms you agree that merlinsmagicvapes.co.uk will send out your order using ‘Royal Mail Signed For’ for orders totalling over £15 (Fifteen pounds) and that it is your responsibility to check the tracking number supplied by Royal mail for your delivery.
Order Tracking / Delivery
If Royal Mail tracking states that they are in ‘process of delivering your item’ you accept that merlinsmagicvapes.co.uk has sent out your order. You also accept that merlinsmagicvapes.co.uk does not guarantee delivery timescales and that merlinsmagicvapes.co.uk has no control over the operations of Royal Mail and any time scale notifications for product delivery on our website are GUIDES to delivery only.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
Loyalty Points Terms
All registered customers will be automatically entered into the scheme with no sign up process.
- The merlinsmagicvapes.co.uk Loyalty Points program is only valid on the merlinsmagicvapes.co.uk website, it is not valid on any other website.
- The points allocated through the scheme are personal to the account holder of the merlinsmagicvapes.co.uk website account. Points cannot be transferred to any other person, account or transferred in any way.
- The merlinsmagicvapes.co.uk Loyalty Points program is only intended for personal use. Points cannot be collected for use by a business. Loyalty points will be removed from Business accounts.
- merlinsmagicvapes.co.uk DO NOT accept any liability for loyalty scheme accounts that have been misused by the account holder.
- merlinsmagicvapes.co.uk reserve the right, at any time without notice, to end the scheme or decline any issue of membership.
- merlinsmagicvapes.co.uk reserve the right to take any action we believe to be appropriate if we feel you are abusing the scheme, including withholding points previously credited to your account.
- merlinsmagicvapes.co.uk reserve the right to modify our terms in any way we choose at any time. Any changes to these terms will not affect points that have already been collected.
- Loyalty Points cannot be credited to guest checkout orders.
- You will be rewarded points for every whole £1.00 that you spend in any single transaction on applicable products excluding the cost of postage.
- merlinsmagicvapes.co.uk reserve the right to amend the value of points and number of points allocated at our discretion.
- Loyalty points will be cancelled or deducted should any items be returned to us or where a refund is requested.
- Loyalty Points will not be awarded on any purchases made through our resellers or store outlets.
- The current redemption value of points is 1 point per 1 pence. Points can only be redeemed against future orders.
- Loyalty Points cannot be exchanged or redeemed for cash.
- All points are valid for 90 days as long as you remain a registered customer of merlinsmagicvapes.co.uk
Rights of Seller
The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Seller reserves the right to withdraw any goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
Cancellation and Return
The Consumer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Consumer fails to do so the Consumer shall be deemed to have accepted the Goods. As the product is an oral product once used it cannot be returned unless it is faulty. Orders can be cancelled any time prior to shipping. Once shipped the buyer can retrun them as long as it falls within 14 days of purchase and returned unopened, the Consumer will be responsible for both the outbound and return shipping costs plus any restocking fee deemed necessary, up to a maximum of 10% of the purchase price.
If you order e-liquid and apply a custom PG/VG ratio using the online PG/VG adjustment tool NO REFUNDS OR RETURNS WILL BE GIVEN.
Limitation of liability
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Changes To Terms
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.