Terms and Conditions
This section tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our eBay Store to you. These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from us. Please note that before placing an order you must agree to these Terms. If you refuse to accept these Terms, you should not be able to order any Products from us.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the eBay Store totallywickedeliquid. We are Pillbox38 (UK) Limited trading as Totally Wicked, a company registered in England and Wales under company number 08140744 and with our registered office at Pillbox38 (UK) Limited, Stancliffe Street, Blackburn, Lancashire, BB2 2QR. Our VAT number is GB 922 7544 21.
1.2 Contacting us:
(a) You can e-mail us at info@totallywicked-eliquid.co.uk or contact our Customer Service Team by telephone on 01254 692244 or by post to Pillbox38 (UK) Limited, Stancliffe Street, Blackburn, Lancashire, BB2 2QR. If you are emailing us or writing to us please include details of your order to help us to identify it.
(b) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. OUR PRODUCTS
2.1 The descriptions and images of the Products on our site are for illustrative purposes only, we attempt to make them as accurate as possible but are not responsible for minor differences. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 We reserve the right to withdraw any Products from the website at any time and we shall not be liable to anyone for withdrawing any Products from the website or for refusing to process an order.
3. AGE OF CONSENT
You may only purchase Products from us if you are at least 18 years old. You will be asked to declare that you are of the appropriate legal age to purchase the Products when placing an order and we may carry out independent verification to check your age and 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 other penalties that we may suffer or incur as a consequence of your false statement. By ordering Products from this eBay Store, you hereby consent to us undertaking a search with Veritad (or any other 3rd party age verification service) for the purposes of verifying your identity. To do so a 3rd 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.
4. How to end the contract with us (including if you have changed your mind)
4.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call our Customer Service Team on 01254 692244 or email us at info@totallywicked-eliquid.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Print off the form and post it to us at the address on the form. Or simply write to us as that address, including the information required in the form.
4.2 Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must either return the Products in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call Customer Service Team on 01254 692244 or email us at info@totallywicked-eliquid.co.uk for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Products within 14 days of telling us you wish to end the contract.
4.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the Products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the Product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
4.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the Product from you, we will charge you the direct cost to us of collection.
4.5 How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
4.6 Deductions from refunds. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
4.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If we have not offered to collect the Product, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
5. If there is a problem with the Product
5.1 How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can telephone our Customer Service Team on 01254 692244 or write to us at info@totallywicked-eliquid.co.uk or Pillbox 38(UK) Limited Stancliffe Street, Blackburn, Lancashire BB2 2QR.
5.2 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following:
up to 30 days: if your item is faulty, then you can get a refund.
up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
5.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call Customer Service Team on 01254 692244 or email us at info@totallywicked-eliquid.co.uk for a return label or to arrange collection.
6. DELIVERY
6.1 We will contact you with an estimated delivery date, which will be within 7 business days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order) if you are based in the UK and within 10 business days after the date of the Dispatch Confirmation if you are based outside the UK. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.
6.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
6.3 You own the Products once we have received payment in full, including all applicable delivery charges.
6.4 If we miss the delivery deadline as detailed in clause 12.1 for any Products then you may:
(a) agree a new delivery date; or
(b) cancel your Order and receive a full refund.
6.5 If you do choose to cancel your Order for late delivery under clause 9.3(b), you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
7. PRICE OF PRODUCTS AND DELIVERY CHARGES
7.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 14.5 for what happens if we discover an error in the price of Product(s) you ordered.
7.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
7.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
7.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page
7.5 Our shop contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the 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. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.
8. HOW TO PAY
8.1 You can only pay for Products using either a PayPal account or a debit card or credit card via PayPal.
9. OUR WARRANTY FOR THE PRODUCTS
9.1 All hardware comes with a 28 day parts warranty, unless stated otherwise in the individual product listings or manual, this does not cover any atomizer heads, wire or wicking material. We are not responsible for any damage through improper use or coil builds. It is the user’s responsibility to ensure they have significant knowledge of coil resistances. Mains chargers and USB leads have a 12-month warranty, which covers the component parts; this does not cover damaged wiring or improper use.
9.2 You should be aware that our electronic cigarette atomizers and batteries, although made to the highest quality, may fail or degrade over a period of time. An electronic cigarette atomizer's expected lifespan is around 7-14 days depending on usage and an electronic cigarette battery's expected lifespan is 2-3 months. This is not a guarantee that you will ‘like’ the Electronic Cigarette, simply that it will function as described within the specified timeframe.
9.3 All replacement atomizer heads are sold as a single use disposable items and are covered by our DOA (dead on arrival) warranty. This means, that from date of receipt the buyer has 48 hours to ensure the goods are in good working order and report any faults.
9.4 Any replacement parts are warranted from the date of delivery of the original order.
9.5 The warranty in clause 16.1 to 16.4 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) failure by you to operate or use the Products in accordance with the user instructions;
(d) failure by you to carry normal maintenance of the Products including regular cleaning of components and connectors;
(e) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(f) any specification provided by you.
9.6 This warranty is in addition to, and does not affect, your legal rights in relation to 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.
10. GUIDELINE FOR USE OF THE PRODUCTS
10.1 You agree that you will read and comply with any instructions and product warnings on the Products. You shall also read and follow the guidance contained in the Battery Safety Guide section of the website.
10.2 You acknowledge that the 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. If a user of the Products suffers from the disease of Tobacco or Nicotine Dependence Syndrome and wants to take steps to give up smoking or cut down the quantity of cigarettes they currently smoke, we recommend visiting a health care provider to discuss Nicotine Replacement Therapy (NRT) or a nicotine harm reduction programme.
10.3 You acknowledge that we are not a pharmaceutical company and do not produce medical products.
10.4 You also acknowledge that:
(a) the Products may be hazardous to health and are intended for use by adult smokers;
(b) the Products must be kept out of reach of children;
(c) the Products are not suitable for use by persons who are under the age of 18; pregnant or breastfeeding women; persons who are sensitive or allergic to nicotine; and should be used with caution by persons with or at a risk of an unstable heart condition or high blood pressure.
11. OUR LIABILITY
11.1 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.
11.2 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.
11.3 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;
(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.
12. EVENTS OUTSIDE OUR CONTROL
12.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
12.2 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.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
13. COMMUNICATIONS BETWEEN US
13.1 When we refer, in these Terms, to "in writing", this will include e-mail.
13.2 You may contact us as described in clause 1.2.
14. OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
14.2 You may only transfer your rights or your obligations under these Terms to ano
14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 16, but we and you will not need their consent to cancel or make any changes to these Terms.
14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 If any term or provision of these Terms 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 had been agreed with the invalid illegal or unenforceable provision eliminated.
14.7 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
