TERMS AND CONDITIONS
Effective Date: May 22nd 2014
1.1 This website is owned and operated by Triple Crown E-Cig. Our company information is at the end of this document.
1.2 These terms and conditions apply when you buy any goods via this site or otherwise use this site. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future.
1.3 You are not eligible to buy any goods via this site if you are under 18 years of age. If you are under 18 please do not attempt to order or purchase. It may be against the law to do so. By ordering and/or purchasing goods you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you are under 18.
1.4 You are not eligible to buy any goods via this site if you are a resident outside of the UK.
1.5 Where we refer to “Consumer” below we mean a natural person acting outside his or her trade, business or profession.
1.6 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases or use of our site occurring after the effective date shown.
2. Your order
2.1 If you enrolled in our Trial Offer or our Home Delivery Program your order is an offer to buy from us on the “subscription” basis explained on our website. A binding legal contract is formed when we accept your offer by sending you a confirmation email.
2.2 You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
3. Payment and price
3.1 In respect of the trial starter pack, we charge a shipping handling / fee payable in advance. The purchase price for the starter pack is payable immediately after the initial trial period (i.e. 14 days from the date you order) unless you cancel your subscription during the initial trial period as explained below. Payment is required in advance by monthly subscription for all goods other than the trial starter pack.
3.2 You authorise us and our third party payment provider to charge your payment card for the relevant amounts and at the relevant times as specified on our website when you order. Despatch of the goods is subject to our being able to charge your payment card. It is your responsibility to update your payment card details as necessary.
3.3 The price for the goods as stated on our site at the time you order. VAT or sales tax is included unless we say otherwise. We may change our prices by giving you a notice by email at least one month before any price change takes effect. If you do not accept the new price, you should cancel your subscription as explained below. Otherwise, the next subscription payment after the one month’s notice will be at the new price
3.4 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you do not, we will provide a full refund of any payment already made.
3.5 You must contact us immediately with full details if you dispute any payment.
3.6 If any amount due to us is unpaid, or unjustifiably charged back, we may charge you:
a) a reasonable additional administration fee;
b) the amount of any third party charges imposed on us; and/or
c) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
4.1 We are not obliged to supply any goods which are unavailable (notwithstanding that we have accepted your offer). If goods are unavailable, we will notify you of this as soon as possible and will arrange for a full refund if you have been charged.
5.1 During the initial trial period (i.e. 14 days from the date of your order), you may cancel your subscription by giving us notice of cancellation by the methods specified on our website and also returning the trial starter pack to us subject to the following:
a) We must receive the item [in its original condition] before the end of the initial trial period.
b) The returned item must be in a condition allowing it to be resold as new including being unused, in its original packaging, with all components and with any seals, labels and documentation intact.
c) You must send the item to the return address shown on our website using any returns form which we may make available on our website or including a note explaining the reason for your return as well as the order number and your name, address, email address and a contact phone number.
d) You must pay the cost of returning the item to us.
e) The item is your responsibility until it reaches us. Therefore for your own protection we recommend that you send the item using a delivery service that insures you for the value of the goods and that you retain proof of posting.
f) If you comply with the above requirements, then your subscription will be cancelled and no payment will be taken from your card after the initial trial period. However, there will be no refund of the shipping / handling charge.
g) If you return an item but don’t comply with this policy, then we reserve the right to take payment from your card for the trial starter pack.
5.2 After the initial trial period, you may at any time cancel this agreement (including your subscription) immediately at any time for any reason by following the instructions on our site.
5.3 We may cancel this agreement immediately by email notice at any time for any reason.
5.4 The following apply if either party cancels this agreement: We will not take any further payments from your card (except as stated above). Cancellation does not of itself give rise to a right of refund. Subject to the other terms of this agreement, we will supply any goods for which payment was taken before the date of cancellation. Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply.
5.5 This section of our terms and conditions does not affect your rights under the Distance Selling Regulations set out below or if the item is defective.
6. Right to cancel under “Distance Selling Regulations”
6.1 Note that this section of our terms and conditions (right to cancel) does not apply to goods to which the right of cancellation under the Distance Selling Regulations does not apply including goods which by their nature cannot be returned (including where they are not in the same physical state as they were when supplied).
6.2 If you are a Consumer, you have the right (ending 7 working days following the day after delivery of the goods) to cancel the contract by email to [email protected] or any of the other methods specified in the Distance Selling Regulations in which case we will refund the price paid for the goods (i.e. less the amount of any discount code) plus delivery charges attributable to the cancelled item. You are required to take reasonable care of items.
6.3 Important: This is a single contract for the supply of goods on a continuous basis. Therefore the right of cancellation under the Distance Selling Regulations applies only to the initial supply of goods (i.e. the trial starter pack and any other goods which form part of the initial order).
6.4 If you cancel, you must return the goods (including all component parts) at your expense to the return address shown on our website. We will charge you the direct costs of recovery if you do not comply or if you return them at our expense. We request that when returning goods:
a) you use recorded delivery and retain proof of posting;
b) you use any returns form which we may make available on our website or alternatively you include a note explaining the reason for your return as well as the order number and your name, address, email address and a contact phone number; and
c) you carefully package the goods – in the original packaging if still available.
7. Discount codes
7.1 We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable. Unless otherwise stated codes are only available for future new orders placed online, and can only be redeemed once per customer. Also you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms.
7.2 Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
8. Display of goods on our website
8.1 We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made every effort to display as accurately as possible the appearance. However, what you see will depend on your monitor and computer equipment and so you acknowledge and accept that there may be minor differences between the actual goods and the way that they appear on the screen.
9.1 Delivery will be to the address which you specify when ordering. We may deliver different parts of your order on different dates.
9.2 Unless otherwise stated, delivery costs are charged extra at the rate shown on our site when you place your order. These will depend on the delivery method chosen.
9.3 We will use our reasonable endeavours to arrange delivery within the time specified on our website or, if none, a reasonable period. We have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control.
9.4 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If you do not, or if you are not available to receive the attempted re-delivery, then we are entitled to impose a reasonable administration charge. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available and are not responsible for any consequent loss or damage.
9.1 You must ensure that a person who is 18 years or over is available to accept delivery. We reserve the right to refuse delivery if we think that the recipient may be under 18.
10. Risk and ownership
10.1 Risk of damage or loss to the goods passes to you on delivery or if you wrongfully refuse delivery when delivery is attempted.
10.2 You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf.
11.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
11.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
11.3 We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
b) such loss or damage was not reasonably foreseeable by both parties;
c) such loss or damage is caused by you, for example by not complying with this agreement; or
d) such loss or damage relates to a business.
11.4 You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
12. Intellectual property rights
12.1 All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our partners or suppliers. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
13.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy.
14. Your content on our site
14.1 If we allow you to upload any content to this website, you must ensure that such information is accurate, not misleading, that it complies with all applicable laws, regulations and codes of conduct and that it does not infringe any third party intellectual property or other rights. Also, your content must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.
14.2 If you post a review, rating or comment (“Review”) you promise that you have no personal or business relationship with the entity, product or service being reviewed, that you have not been offered any incentive on behalf of the entity being reviewed to write the Review, that you are not a competitor of the entity concerned and that the Review is your independent, honest, genuine opinion.
14.3 We reserve the right without notice or refund to suspend, alter, remove or delete any content or to disclose to the relevant authorities any such content if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant content.
15. Your account
15.1 If we enable you to create an account on our site, you acknowledge that this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should also immediately amend your password via our site. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
15.2 We are entitled at any time for any reason and with or without notice to terminate your account on our site including deletion of all data contained therein. If so, you must not attempt to create another account on, or otherwise use, our site without our prior agreement in writing.
16. Availability of our site
16.1 We cannot guarantee that our site will be uninterrupted or error-free. We are entitled without notice and without liability to suspend the site for repair, maintenance, improvement or other technical reason.
17. Guidance on our site
17.1 Any guidance or similar information which we ourselves make available on our site is intended as very general information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
18. Third party websites
18.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
19. “Act of God”
19.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
20. English law
20.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
21.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
22.1 If you have any complaints, please contact us via the contact details shown on our website or write to us at our trading address below.
23. Company information
23.1 Company name: Triple Crown E-Cig
23.2 Country of incorporation: England and Wales.
23.3 Registered number: 8515201
23.4 Registered office address: The East Stable, Thrales End Farm, Thrales End Lane, Harpenden, Hertfordshire, AL5 3NS, England.
23.5 Returns address: Coenecoop 595, 2741 PT Waddinxveen, Netherlands
23.6 Customer Support E-mail: [email protected]
23.7 Customer Support Telephone: 0808 238 0072. Hours of Operations: Monday – Friday, 9PM – 6PM BST