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E-CIGS KENYA TERMS AND CONDITIONS OF WEBSITE USE AND SALE OF E-CIGS KENYA PRODUCTS
You should print a copy of these terms and conditions for future reference. They, and any contract between us, are only available in the English language. We will not file a copy of any contract between us.
You represent that you are an adult of the age of 18 years or older and are agreeing to and accepting these terms and conditions. Otherwise, you are prohibited from accessing and using this Website and any of its functions, products or services, including the purchase of E-Cigs Kenya Products.
LICENSE TO USE WEBSITE
Unless it is otherwise noted or stated, we and/or our licensors: (i) own and operate the Website; and (ii) own the intellectual property rights in and to the Website and all the material contained on the Website (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same). The rights in the Website and the content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All rights are reserved.
Pages from the Website can be viewed and printed for personal use only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not:
Our status (and that of any identified contributors) as the authors of content and materials on our Website must always be acknowledged.
When using and accessing our Website you shall not cause damage, or deny or prohibit accessibility to the Website in any way that is unlawful or illegal. Any instance of fraudulent or harmful behaviour is strictly prohibited. Using and accessing our Website in order to copy, store, host, transmit, send, use, publish or distribute material that could be considered damaging to computer software is prohibited in all forms. You may not conduct or perform any systematic or automated data collections in relation to our Website. Unsolicited transmission of commercial communications by you is prohibited.
YOUR E-CIGS KENYA ACCOUNT
It is your sole responsibility to ensure that your User ID and password for your E-CIGS KENYA account are kept confidential. You must not disclose these details to any third parties. You agree to and are bound by these terms and conditions which cover any activity that is performed under your E-CIGS KENYA account.
If we suspect or have any evidence of misuse of your account, it is within E-CIGS KENYA’S discretion to reserve the right to refuse to service your account and we may terminate your account, your use of our Website and cancel your order(s) at any time without notice or explanation. In the event of an order cancellation initiated by E-CIGS KENYA, any sums already paid by you will be promptly refunded to the payment method used to place your order.
USER GENERATED CONTENT
Should you submit any written material, images, videos, communications or any other content to our Website (“Content”) for any purpose you shall do so in accordance with these terms and conditions. You will ensure that any such Content complies with these standards. You will be responsible for any loss or damage we suffer as a result of your breach of this section.
We will not be responsible or liable to any third party for the content or accuracy of any Content submitted, posted or uploaded by you or any other user of our Website.
We have the right to remove any Content from our Website if, in our sole opinion, the Content does not comply with our acceptable use terms or any other terms set out in these terms and conditions.
OUR CONTRACT WITH YOU
When you submit an order to us by clicking the “CHECKOUT” button on the checkout page, this does not mean we have accepted your order for the E-CIGS KENYA Product. Our acceptance of the order will take place as described below. If we are unable to supply you with the E-CIGS KENYA Product, we will inform you of this and we will not process your order, and will not take payment.
The terms and conditions for sale of our E-CIGS KENYA Products will become binding on you and us when you are issued with a dispatch confirmation email which is your confirmation that we are able to provide you with the E-CIGS KENYA Products, at which point a contract will come into existence between you and us.
We shall assign an order number to your order and inform you of it when we confirm the order. Please quote the order number in all subsequent correspondence with us relating to the order.
RETURNING FOR REFUND
You have a legal right to cancel an order for items sold on the E-CIGS KENYA Website during the Cooling Off Period set out below. This means that, during the Cooling Off Period, if you change your mind or for any other reason you decide you do not want to keep a E-CIGS KENYA Product, you can notify us of your decision to cancel the order and you are entitled to a full refund of the purchase price of any unopened, saleable, in brand new condition, and unused E-CIGS KENYA Products purchased within this time period. We will process the refund due to you within fourteen days of receiving the E-CIGS KENYA Products back, but in any case, in accordance with your consumer rights. Your legal right to cancel will end fourteen (14) calendar days from the date that the E-CIGS KENYA Products are delivered* to you (the "Cooling Off Period").
To be eligible for a refund you MUST report your request to our team within the Cooling Off Period. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
As a consumer, you have legal rights in relation to E-CIGS KENYA Products that are faulty or not as described. If you have returned the E-CIGS KENYA Products to us because they are faulty or mis-described, we will refund the price of a defective E-CIGS KENYA Product in full, along with any applicable delivery charges and any reasonable costs you incur in returning the E-CIGS KENYA Product to us, as long as the issue has been reported as soon as it is noticed and the faulty E-CIGS KENYA Products are within their warranties.
DEAD ON ARRIVAL PROMISE
At E-CIGS KENYA, we offer a “Dead on Arrival Promise” on all our products. This means that should you receive a faulty product, you may return it within 30 calendar days for a full replacement or refund.
Nothing in this section will affect your legal rights in relation to E-CIGS KENYA Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
30 day Warranty
Except as expressly stated below, we do not give any representation, warranty or undertaking in relation to the E-CIGS KENYA Products. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that E-CIGS KENYA Products are suitable for your purposes.
In the event of demonstrable defects in the workmanship or materials, E-CIGS KENYA Products are warranted as follows:
A warranty is void if a E-CIGS KENYA Product is used with any product from any different electronic cigarette supplier. Warranties will also be void if E-CIGS KENYA Products have not been used by you within their given usage instructions, and without due care by you.
Should you wish to return a E-CIGS KENYA Product carrying a warranty (as outlined above) due to fault or defect, you must contact our team as soon as the fault is found. Failure to do so or continued use of an item that is known to be faulty will void your right to a replacement.
Returned Warranty Items must be received within fourteen (14) calendar days of the submission of your reported claim. Failure to return Warranty Items within this period will void your right to exchanges and returns in any future instances.
E-CIGS KENYA reserves the right to refuse any exchange request that does not substantially meet our requirements or terms and conditions.
The warranties set out above are only applicable to E-CIGS KENYA Products purchased on our Website. Any E-CIGS KENYA Products purchased at other locations or websites are not covered by any warranty.
LIMITATION OF LIABILITY FOR E-CIGS KENYA PRODUCTS
If, in providing the E-CIGS KENYA Products to you, we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Website.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Kenyan law.
BREACHES OF TERMS AND CONDITIONS
If you breach our terms and conditions in any way, we have the right to undergo or take action as deemed appropriate and at any time may deny you access to our Website by necessary means and/or bring court proceedings and legal action against you. Our terms and conditions are for the benefit of you and us but are not intended to benefit third party associations or be enforceable by any third party. E-CIGS KENYA may suspend or terminate a member's account at any time and immediately if we believe there has been fraudulent activity on our Website.
NO RELIANCE ON INFORMATION
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
The images of the E-CIGS KENYA Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the E-CIGS KENYA Products. Your E-CIGS KENYA Products may vary slightly from those images.
The packaging of the E-CIGS KENYA Products may vary from that shown on images on our Website.
LIABILITY FOR THE WEBSITE
E-CIGS KENYA does not warrant or guarantee the accuracy or completeness of all or any information published on the Website. We also do not warrant or guarantee that the Website will remain available at all times or that content is kept up to date or that it will be secure or free from bugs or viruses. To the absolute maximum permitted under applicable law, E-CIGS KENYA excludes all representations, warranties, conditions or other terms (express or implied) that relate to or may apply to the Website and the use of our Website.
We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be responsible for any loss or damage that may arise from your use of them.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it. We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with your: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability which cannot be limited by law.
Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the E-CIGS KENYA Products to you.
Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
RESPONSIBILITY FOR YOUR OWN PRODUCT USE
You hereby take full responsibility for the use of your E-CIGS KENYA Product. The E-CIGS KENYA cartridges contain nicotine and propylene glycol. Propylene glycol is a water-based natural compound found in many health products, foods and medicines.
You should consult a doctor before using E-CIGS KENYA Products. E-CIGS KENYA is not to be used by persons under the age of 18, pregnant or breast-feeding women or persons in ill health. E-CIGS KENYA electronic cigarettes contain nicotine, which is an addictive drug. If you are unsure of the effects of nicotine, please consult your doctor.
Each cartridge refill contains nicotine, with the exception of E-CIGS KENYA NRG 0mg Cartridge refills and disposable models. Nicotine can be toxic if swallowed or if it comes into contact with skin (in certain doses). The E-CIGS KENYA battery, vapourisor, and e-liquid are small pieces and can be choking hazards. All E-CIGS KENYA Products should be kept well out of the reach of children and pets. Subject to our liability provisions outlined above, E-CIGS KENYA is not responsible for any harm, loss, or allergic reaction that maybe be caused by your use of the E-CIGS KENYA Product.
Any E-CIGS KENYA Product purchased from the Website or via an authorised re-seller of E-CIGS KENYA Products are for individual use only. E-CIGS KENYA does not authorise re-selling of E-CIGS KENYA Products in any other store or website without our prior express consent under contract. Individuals who are found to be re-selling E-CIGS KENYA Products without such consent may have legal proceedings brought against them.
We ship all orders placed for Kenya delivery addresses through a courier service. Provided we reasonably accept that the E-CIGS KENYA Products were damaged during delivery you will be entitled to a full refund should this occur.
Cancellations and Address Changes: If you place an order on the Website and decide you want to cancel the order or change the address, you must notify us immediately, where we will endeavour to resolve the issue. However, due to the nature of our shipping processes, cancellations outside the Cooling Off Period and address changes cannot always be guaranteed.
If it is not possible to alter the address or cancel the order before it has been processed, we will endeavour to recover the order and find a suitable resolution.
The prices of the E-CIGS KENYA Products will be as quoted on our Website from time to time. We use our best efforts to ensure that the prices of E-CIGS KENYA Products are correct at the time when the relevant information was entered onto the system. All E-CIGS KENYA Products shown on our Website are subject to availability.
Prices for our E-CIGS KENYA Products may change from time to time but changes will not affect any order which we have confirmed with a Dispatch Confirmation email.
Payment for the E-CIGS KENYA Products and all applicable delivery charges are payable in advance and before your order is dispatched.
Our Website contains a large number of E-CIGS KENYA Products. It is always possible that, despite our best efforts, some of the E-CIGS KENYA Products on our Website may be incorrectly priced. If we discover an error in the price of the E-CIGS KENYA Products you have ordered we will inform you in writing (including by email) of this error and we will give you the option of continuing to purchase the E-CIGS KENYA Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing (including by email). Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the E-CIGS KENYA Products to you at the incorrect (lower) price.
PROMOTIONS, SPECIAL OFFERS & PROMOTIONAL CODES
All promotions, special offers and promotional codes (hereafter referred to as "offers") are subject to these terms and conditions. Unless specified otherwise, all offers are subject to the following terms and conditions:
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an 'Event Outside Our Control' (as defined below).
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under these terms and conditions:
Please note that these terms and conditions (and any document referred to in these terms and conditions), their subject matter and formation, are governed by Kenya law. This means a contract for the purchase of E-CIGS KENYA Products through our Website and any dispute or claim arising out of or in connection with it will be governed by Kenyan law.