Terms and Conditions
Terms and Conditions
Most recent update: 23/12/2019 (all paragraphs)
Please read these terms and conditions carefully before buying from us. We've tried to make them easy to read and as clear as we possibly can.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and ensure you understand them before ordering any Products from our site. Before you place an order you will be asked to agree to these Terms. If you decline to accept these Terms, you will not be able to order.
1. Our Rights to Vary These Terms
These Terms are updated from time to time for reasons including but not limited to changes in relevant laws and regulatory requirements. We will record at the top of this page when these Terms were last updated and which Terms were changed.
Each time you order Products, the current Terms at the time of ordering will be applicable.
These Terms, and any Contract between us, are only in the English language.
2. Information About Us
We operate our site at www.electronic-cigarettesco.co.uk. Our company is Healthy Start Ltd trading as Electronic Cigarette Co, a company registered in England and Wales under company number 8319167. Our registered office is at e-Innovation Centre, University of Wolverhampton, Priorslee, Telford, Shropshire TF2 9FT. This is not our correspondence address.
If you need to get in touch, you can email us via our contact form or call us on 01384 878545 or write to us at PO Box 7270, Stourbridge DY8 9GH. If you are contacting us about an order please include details to help us locate it.
If we have to contact you, we will do this by email to the address you provide us with, or we may telephone you on the number you have provided.
3. Use Of Our Site
4. Age Restriction
You must be at least 18 years of age to be able to buy anything from our site. You will be asked to declare that you are of the appropriate minimum legal age to purchase Products on our site during the checkout process.
We reserve the right to carry out independent verification to check your age. If we discover that you are not legally entitled to order the Products, we shall be entitled to cancel the order immediately, without notice. If you falsely declare your age to us you shall be held responsible for all costs, expenses, losses, damage, fines and any other penalties that we may suffer or incur as a consequence of your false statement. By ordering Products from our site, you hereby consent to us undertaking a search with any third party age verification service for the purposes of verifying your identity. The third party age verification service may check the details you supply against any particulars on any database (public or otherwise to which they have access). They may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained.
5. For Whom The Products Are Intended
The Products on our site are not sold as smoking cessation aids or nicotine replacement therapy, and they should not to be used by the following persons: pregnant, breast feeding, or persons with or at risk of heart disease, unstable heart condition, high blood pressure, diabetes or those on medication.
If you experience symptoms of nicotine misuse such as vomiting, dizziness, diarrhoea, nausea, weakness or rapid heartbeat, immediately discontinue use and consult your GP.
The Products on our site are not intended for those persons that have not previously been a smoker. You must be an existing or ex smoker to purchase Products on our site.
You acknowledge that we make no claims that an electronic cigarette will cure a smoker's addiction to nicotine; the electronic cigarettes we sell serve the same purpose as a tobacco cigarette in that they deliver nicotine to the user.
You acknowledge that we are not a pharmaceutical company and do not produce medical products.
When you buy from us you do so having considered that the Product you are purchasing is suitable for your or the intended recipient's level of experience as a user of electronic cigarettes. For safety reasons, inexperienced users should not purchase devices beyond their level of knowledge.
6. Safe Use Of Products
You agree that you will take note and comply with all relevant and appropriate guidance and Product warnings.
You shall read and adhere to the guidance contained in our site Battery Safety Guide.
You acknowledge that:
- the Products may be hazardous to health and are intended for use by adult smokers
- the Products must be kept out of reach of children, vulnerable adults and animals
- the Products are not suitable for use by persons who are sensitive or allergic to nicotine
We hold no responsibility and take no liability for the misuse of Products.
7. Product Information On Our Site
The descriptions and images of the Products on our site are for illustrative purposes only, however, we make every attempt to ensure they're as accurate as possible but things are constantly changing. We take great trouble to provide accurate images and updates in our product descriptions if necessary. The images should be viewed in conjunction with the Product description and the list of Product contents.
We are not responsible for minor differences in colour although we make every effort to display accurate images. We cannot guarantee that the colour of the images on your computer accurately reflects the colour of the Products you may receive.
Product packaging may vary from that shown in the images on our site but again we would usually update the Product description to reflect this.
We reserve the right to withdraw Products from our site at any time and we shall not be liable to anyone for withdrawing any Products from the site or for refusing to process an order.
8. Product Authenticity
All Products on our site are deemed to be genuine. In most instances the Products have been supplied either directly from the manufacturer to us, or directly from the manufacturer to one of our trusted UK distributors.
Manufacturers are likely to require their serial number and or batch number before providing a replacement item. This is due to the increasing amount of counterfeits in circulation. Please keep your packaging or take pictures of it for safekeeping before you discard it.
9. How to Pay
You can pay for Products on our site with a credit or debit card via Sagepay or PayPal, or you can pay with your Payal account.
Payment of your order should be made at the time of placing your order on our site.
10. Product Prices and Shipping Costs
Product prices will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that Product prices are correct, however, if we discover an error in the price of a Product you have ordered, we may contact you to inform you of this error and give you the option of purchasing the Product at the correct price, or cancelling your order.
If we are unable to contact you using the details provided, we may treat the order as cancelled and notify you via your account history.
The Product price includes VAT at the applicable current rate chargeable in the UK.
The Product price may not include delivery charges. These charges will be obvious and apparent during the check-out process before you confirm your order. To read about our shipping charges refer to our Delivery Charges FAQs.
Orders with payment issues will not be dispatched until the bank or card company approves the transaction.
We mainly use Royal Mail for our shipments.
Royal Mail's delivery targets are:
First Class mail/RM24 – a minimum of 93% delivered the next working day
Second Class mail/RM48 – a minimum of 98.5% delivered within three working days
Once we have dispatched your order its speed of delivery is controlled by Royal Mail, or other such delivery service. We do not refund postage upgrade fees for items delivered beyond Royal Mail's target timescales, ie if a package arrives in 3 working days instead of 2 working days.
Delivery of an order shall be completed when the Products are delivered to the address you gave us. The Products will be your responsibility from that time.
We cannot be held responsible for any losses caused by third party mail forwarding or handling services.
12. Product Warranties
The following warranty periods apply from the date of purchase:
Batteries/mods – 3 months
Tanks – 3 months
Coils, pods/pre-filled pods – consumable item, dead-on-arrival only
Accessories (chargers, leads) – 12 months
Kits – 3 months (there may be some included parts or accessories that differ)
The warranties do not provide cover for wear and tear, wilful or physical damage, misuse, lack of normal maintenance, abnormal storage or working conditions, alterations, negligence, or accidents and breakages.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality.
This warranty is in addition to your legal rights and does not affect Products that are faulty or not as described.
During the expected life of your Product your legal rights entitle you to the following:
up to 30 days - if your item is found to be faulty you are entitled to a replacement or refund (items usually need to be returned but this is done on a case by case basis)
- up to six months - if your item is found to be faulty, you are entitled to a replacement, if this can't be done, you are entitled to a refund.
Please note, the six months is not an extension to, say, a 3 month warranty. It applies where items are in brand new condition and have never been used and they're found to be faulty before 6 months from the purchase date has elapsed.
More information about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
13. Returns Information & Product Issues
If you have any queries or an issue with a Product, you can telephone our Customer Services on 01384 878545 or write to us via email at email@example.com or by post to Healthy Start Ltd, PO Box 7270, Stourbridge DY8 9GH.
If you think you need to return a Product, or you qualify for a replacement, please contact us before you do anything and tell us your name, purchase date, order number if you can, describe the item and give us sufficient detail so we can assist you.
We will do our best to resolve the issue with you via email or telephone, and if the item is faulty, and within its warranty period, and the fault has not been caused by user error, it can be returned for a refund (within 30 days of the purchase date) or a replacement can be arranged for the remainder of any applicable warranty period.
To eliminate user error and to protect your claim, thoroughly check and implement any instructions you already have such as a Product user manual, or any assistance we provide you with.
Please do not return a Product to us without contacting us and obtaining our agreement. If you return or send something to us without our consent and it isn’t faulty, or it isn't in new condition, or if we didn’t supply the Product, we cannot reimburse the Product or the shipping costs.
Please read our returns and refunds policy.
14. How The Contract Is Formed Between Us
Our site pages will guide you through the necessary steps to place Products in your cart and add personal details such as your name and address in order that we can fulfill your order. Our pages will ask you to verify your age and to double-check the information you provide to ensure we hold accurate information about your order.
After your order is placed, we will send you an order confirmation email which will tell you what you have ordered and the total price paid, and the delivery address.
The Contract between us will only be formed when we send you a dispatch confirmation email.
If we are unable to fulfill your order we will immediately attempt to inform you by telephone or email, provided you have given us accurate contact information. If the order is to be cancelled before it is shipped we will refund the order in full without significant delay during normal working hours.
15. Your Rights To Cancel Your Order
We allow for a 30 day right of cancellation provided the Products we have supplied to you have not been used.
The Products need to be returned in the same new condition as received including the original and undamaged packaging.
Please inform us of your intentions in writing and ensure the items are returned to us within 7 days thereafter.
If you want to cancel your purchase because it has been delayed, please note that the likes of Royal Mail regard the package as your property for the first 15/21 working days of its transit (depending on the shipping service used), thereafter, they consider it our property and Royal Mail should send it back to us. Other carriers may have different timescales.
For non-delivered items, if we haven't already agreed to resend the items, we will refund the original purchaser after 15 working days.
PLEASE DO NOT ACCEPT DELIVERY OF PACKAGES AFTER WE HAVE REFUNDED YOU.
If you are returning a Product because you have changed your mind about your purchase or you no longer require the Product, the refund may be subject to deductions such as our shipping costs to you, and you will have to pay the cost of returning the Product to us.
Our shipping costs are usually non-refundable although we may make exceptions or gestures of goodwill.
16. Damaged Goods
Upon receipt, please inspect your order and report any issues to us as soon as possible.
17. E-Liquid Returns
To guarantee Product integrity, e-liquid cannot be returned unless there is a manufacturing defect, quality issue, or its best before date has expired. We hope this gives our customers the peace of mind that our e-liquid always comes direct from a traceable commercial source.
E-liquid is a perishable item and not covered under the distance selling regulations (DSR).
18. Coils/Atomizer Returns
If you've ordered the wrong coils it's ok to return them, but they must still all be sealed in their pods or individual packets and the authenticity sticker needs to be intact. If the coils come in a strip of 5 say, the strip needs to be intact also.
In essence, the packaging and contents need to be the same goods as supplied by us (we can usually verify this by the weight of our dispatches) and they need to be in the same saleable condition as you received them.
If the packaging is torn or ripped apart or any of a pack of coils have been removed from their packaging, ie their pods with foil or plastic pouches or wrappers, they cannot be returned for a refund.
19. Goods missing In transit
Should the unfortunate happen and your order does not arrive, please note for UK orders that 28 days has to elapse from the date of placing your order for standard first class post, and 15 working days for first class Signed For, before the order can be reported as undelivered, delayed or lost with Royal Mail.
However, although Royal Mail does not allow the claims procedure to begin for quite some period of time, we will intervene, investigate and if appropriate, re-send the missing items to you at no additional cost.
When we re-send items to you that are missing in transit, you agree to remain in contact with us until sufficient time has passed that we can raise a claim with Royal Mail (or the courier) for the missing items. We need you to respond to our contact so we can confirm that you have not received the items we sent to you and this evidence from you will be submitted to Royal Mail Customer Services along with our claim for compensation.
If we are unable to fulfill your order, we will contact you to let you know and we will give you a revised delivery date. You will also be given the option to cancel or amend your order if this happens.
Your original order payment will be refunded to the same account debited during at the time of purchase. All refunds and partial refunds will be completed within 3 days (we normally do them straight away during the working week).
20. Incorrect Shipping Address
It is the responsibility of the customer to enter the correct delivery address at the time of ordering. If you supply us with an old, incorrect or undeliverable address, please contact us immediately to see if we can change it for you.
Ensure you provide us with the correct postcode to avoid your order being sent to the wrong area, where there is a risk it could be delivered to a similar road name.
If your order has already been shipped we cannot change the shipping address and we cannot stop it in transit. We cannot send more items and we cannot refund the ones that have already been sent to the wrong address.
At this point it is your responsibility to try and retrieve the items sent to the incorrect address that was supplied to us, this applies to addresses where you used to live for example.
If goods are returned to us we are not obliged to re-send at our expense, however a refund will usually be given less the cost of our shipping.
21. Items Awaiting Collection From Royal Mail/Courier
Delivery agents such as Royal Mail should leave a card if they have tried to deliver your order while you were out. However, these cards are no always left, or you may not receive it, if for example, it is left at your work address.
If your order seems to be taking its time in reaching you, it's important you check your tracking number for an update or get in touch with us. Royal Mail will only hold your item for 14 days and then they will send it back to us.
If goods are returned to us we are not obliged to re-send at our expense, however a refund will usually be given less the cost of our shipping.
22. Our Liability
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.