Terms and Conditions

If you would like to communicate directly with Smokers Exit or if you would like to place an order over the phone, please dial +44 01204 227175; lines are open 9am-5pm Mon-Fri.

The Terms and Conditions herein are applicable any time you access our website or purchase goods directly from it and from our shop

Please read these terms and conditions carefully before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.  You should print a copy of these terms and conditions for future reference.

Please tick the box marked “I agree to the Smokers Exit Terms and Conditions” at the end of ordering process if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

 

Terms and Conditions. Agreement

Between

The Company Smokers Exit Online Ltd
Unit 4XB The Market Place
Bolton
Greater Manchester
BL1 2AR
UK

VAT 150837317

and

The Customer

Hereafter called "the Customer" and "Smokers Exit" or "the Company".

Note: Smokers Exit makes a distinction between the following two entities: the Customer and the Consumer. In this case, the Customer buys for his own use, for the use of a company or is the company itself. The Consumer, in this case, buys for his own individual use.

WARNING: eLiquid and prefilled cartridges and tips contain nicotine which is known to be an addictive toxin. By purchasing and using these products, you agree that you do so at your own risk. Please read the FAQ before you purchase eLiquid or Cartridges. Handle all eLiquid products and cartridges with care and caution. Do not ingest the the eLiquid or expose directly to skin for prolonged periods of time. Use only in an e-smoking device as directed and store in a cool, dry place. Exposure to eLiquid by children or pets may cause serious health effects and/or death. Consequently, all eLiquid and Cartridges come with Child Resistant Caps. Please ensure that you use the Child Resistant Caps and keep all eLiquid products and cartridges out of reach and out of sight of children and pets at all times. Smokers Exit Online or Smokersexit.com shall not be liable for any misuse and abuse of eLiquid by you .

 

1 INFORMATION ABOUT US AND THE WEBSITE

1.1 Smokersexit.com is a site operated by Smokers Exit Online Limited (we).  We are registered in England and Wales under company number 08277147 and with our registered office at Unit 4XB, The Market Place, Knowsley Street, Bolton, Greater Manchester, BL1 2AR. Our VAT number is 150837317

1.2 Smokersexit com shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website..        

1.3 Smokersexit.com reserve the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Products or features of the Website therefor without notice.

2 Preamble

2.1 Smokers Exit is a retailer specialized in electronics cigarettes, ecigs, elqiuids, ejuice, accessories, electronics, electronics gadgets, wireless technology and all related goods set out in the order and to be supplied by the Company to the customers.

Smokers Exit sells its goods through its Internet Network (websites or e-mails), by phone, fax or posted mail and retail shops.

2.2 By placing an order with smokersexit.com for the purchase of the Products, you warrant that:

      2.2.1 you are legally capable of entering into any binding contracts;

      2.2.2 you are at least 18 years old and above; and

      2.2.3 you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these                 Terms and Conditions for the purchase of the Products.

3 Registration

3.1 in order to purchase the Products, you shall be required to create a customer profile on the Website (“Customer Profile”) with         smokersexit.com by completing the online registration form made available to you using the Website.

3.2 by completing the online registration form to create a Customer Profile, you consent to Smokersexit.com conducting verification and security procedures in respect of the information provided in such online registration form.

3.3 you hereby warrant that the information provided to smokersexit.com is true, accurate and correct. You further warrant that you shall promptly notify smokersexit.com in the event of any changes to such information.

3.4 upon the completion and submission of the online registration form by you to smokersexit.com shall send you a confirmation email to your email address provided in the online registration form smokersexit.com may also provide you with details of your Customer Profile login and password. You shall keep the login and password confidential and secure. Without prejudice to the other rights and remedies of smokersexit.com reserves the right to promptly disable your Customer Profile and suspend your access to the Website or your ability to place an order for the Products using the Website if smokersexit.com has reason to believe that you have breached any of the provisions set out herein.

3.5 Subject to the provisions herein and upon the creation of a Customer Profile, you may proceed with placing your order (“Order”) with smokersexit.com for the Products using the Website.

4  How the contract is formed between you and us

4.1  After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order (the Acceptance Confirmation) The contract between us (Contract) will only be formed when we send you the Acceptance Confirmation.

4.2 The Contract will relate only to those Products we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed in a separate Acceptance Confirmation.

4.3 Any drawings, photographs, descriptions or advertising we issue, and any photographs, descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the Products they describe. They do not form part of the Contract between you and us or any other contract between you and use for the sale of the Products

5  Consumer rights

5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).

5.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

5.3 You will not have any right to cancel a Contract for the supply of any of the following Products:

5.3.1 eLiquids, Cartomizers, and Clearomizers

5.3.2 Computer software which has been unsealed; and

5.3.3 Consumable goods except where a fault has been discovered that could not have been identified without unsealing the               Products.

5.3.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Acceptance Confirmation. This           provision does not affect your statutory rights.

5.3.5 If you would like further information about your legal rights, please contact your local Trading Standards Department or               Citizen Advice Bureau.

6 Products Specifications

6.1 Smokersexit.com endeavours to give clear and thorough information in regard to the presentation of the goods' essential technical specifications via each product's specification sheet.

6.2 Smokersexit.com also tries to include, on each of the specification sheets, links to articles that refer to the goods in question or to the manufacturer's website directly.

6.3 Our Product Managers endeavour to provide all the items on the website with the corresponding image. However, should an           esthetical difference appear, this would have no consequences on the main technical specifications of the product.

6.4 The available goods comply with the European law currently in effect, as well as with the standards applied in Europe.

6.5 Smokers Exit tries to ensure that the Customer is provided with a user's manual in his/her mother tongue. However, it may occur   that such a manual may only be available via an electronic medium (Compact Disk) or downloadable from the Internet.

7 Product Use

7.1 The electronic cigarette does not cure a smoker's addiction to nicotine, it merely serves the same purpose as a tobacco cigarette - it delivers nicotine to the user. If you suffer from the disease of Tobacco/Nicotine Dependence Syndrome we recommend you visit         your health care provider to discuss NRT (Nicotine Replacement Therapy) or a nicotine harm reduction programme. 

7.2 We are not a pharmaceutical company and we do not manufacture or sell medicinal products. We recommend that you seek           independent advice or information from your own medical health practitioner prior to your use of any of our products.

7.3 It should be noted that nicotine, in high doses, can be harmful. In its pure form, nicotine is classed as a poison therefore we are   required to publish warnings and safety information which you can read here. 

7.4 You agree that these products are to be used at your own risk. Under no circumstances will Smokers Exit be held responsible or     liable, directly or indirectly for any loss or damage that is caused or alleged to have been caused in connection with use of, or             reliance on any product we supply.

7.5 All our flavourings, whether contained in pre-mixed e-liquid, or sold separately as flavour concentrates are certified as safe for       general food use under European and/or USA food safety regulations. To further clarify, these regulations are based on their use         as food flavours, to be consumed via the digestive system and not vaporised into the lungs. Consumption of food flavourings via         personal vaporisers and electronic smoking devices has not yet been specifically evaluated for human safety. Smokers Exit cannot       be held responsible for any claim or damage arising from the use of food flavourings in electronic cigarettes, e-cigs, personal             vaporisers, Clearomzier, Cartomizer or any other form of inhalation device. As with smoking cigarettes, the use of personal                 vaporisers and the use of food-safe flavourings is undertaken by the user wholly at their own risk.

Goods are NOT supplied on a trial basis or on a 'use or return' basis.

8 Discounts and gifts

8.1 Gifts are offered in relationship to the main item purchased. Gifts are listed on the description sheet of the items in question. Should the Customer refuse the gifts the Company offers him/her, he or she cannot claim any discount or compensation, as Smokers Exit will consequently incur the cost of the fees related to the gifts.

8.2 Gifts are not subject to warranty, return or refund.

9 Price

9. Prices are shown in UK Pounds (£), VAT included, shipping fees excluded.

9.1Smokersexit prices being in constant evolution, the prices shown are subject to modification at any time. Prices may also vary due to a launching price, a promotional offer or sales. Prices of items that are not in stock or that are available for a pre-order are valid during 7 days after the order was placed. Should the price of those items change with respect to the pre-order price, Customer will be informed and will have the possibility to cancel the order.

9.2 All prices are clearly disclosed provided there are no obvious typographical errors.

10 Payment

10.1 Should the Customer pay by credit card, his/her card will not be charged until the goods are shipped. Should the order be partly shipped, only the amount of the goods shipped will be charged. 

Governed by its own discretion Smokers Exit reserves the right to decline an order.

10.2 Placing items in your cart does not "reserve" them or guarantee that you will be able to order them. Your order is not complete and in the system until you have returned to our site from the PayPal payment site, having fully completed payment. Therefore, if you have limited stock or fast selling items in your cart, they could sell out if someone else is purchasing the same item at the same time and completes checkout before you. 

10.3 If you forget to order something and place another order later on, please do not ask us to combine your order or refund shipping costs. Multiple orders may automatically be combined by our batch processing system or they may not, depending on where the two orders are in the batch, and it's not something we can alter or accommodate.

10.4 Defaulting On Payments

10.4.1 Smokersexit reserves the right to refuse a delivery or honour an order from a Customer who has not paid part or the totality of a previous order or with whom a litigious dispute is in progress.

10.5 Antifraud Controls

10.5.1 Information related to a Customer's order is subject to anti-fraud controls (on credit card, Paypal accounts and any other method of payment).

Smokers Exit receives the data related to the Customer's order. Should a Customer decide not to transmit the required data, it would hinder the processing of his/her order. 

10.5.2 Should non-payment occur due to the fraudulent use of a credit card, a PayPal account or any other method of payment, the data related to the order and the fraudulent payment will be registered on file. Any suspicious or abnormal declaration is also subject to specific anti-fraud treatment. 

All information is collected lawfully and in accordance with the Data Protection Act 1998, thus Customers have a right, upon request and proof of identity, of access to the information held about them and have the right to have factually incorrect information corrected.

10.5.3 Furthermore, Smokers Exit can be led to ask the Customer for additional necessary documents to process the order, i.e. proof of address, ID card,..

11 Delivery and Delivery fees

11.1 Delivery address

Items are sent to the address given on the order form by the customer 
Should the delivery address differ from the invoice address, the Customer is to give both addresses on the order form and the parcel will be shipped to the delivery address specifically indicated on the form.

11.2 Customer absence on the delivery day

Depending on the circumstances and the carrier's policy, the Customer may find a note of passage i.e., "leftcard" in his/her mailbox. If indeed the courier has left a note, the Customer will need to call the carrier in order to arrange a new delivery date. It also might occur that the Customer does not find a note. In this case, it is the Customer's responsibility to track his/her orders online, on the carrier's website, in order to receive information on it as soon as possible.

11.3 Late delivery

A parcel may not be delivered in the expected time allotment given by the carrier. If the delay extends too long, the Customer can contact Smokers Exit in order to open an inquiry to establish the whereabouts of the parcel: the parcel may be lost.

11.4 Loss of the parcel

Should such a situation arise, Smokers Exit is compelled to respect the time-frames set by the carriers in regard to declaring the loss and the refunding of the shipment. Hence, the Customer is also bound to the same time-frames:

11.4.1 In order for Smokers Exit to officially declare a parcel lost, the Customer has ten (10) business days to declare the loss of a parcel starting from the date he or she received the shipment confirmation e-mail. Beyond this time period, no claim will be accepted.

11.4.2 If the parcel was declared as lost within the above mentioned time, Smokers Exit will attend to filing a claim with the carrier. Smokers Exit may eventually ask the Customer for additional documents to complete the composition of the file's content. The Customer will then need to send the information as soon as possible.

11.4.3 The final response related to claims is given by the carrier within a one to three-week period. The nature of the response can be one of two types: either the parcel is found and then sent back to the Customer by standard procedure, or the parcel is declared as lost by the carrier and Smokers Exit informs the Customer. In this case, and in accordance with the customer's wishes, Smokers Exit can make a second shipment of the order or proceed by fully refunding the Customer for the total amount paid.

11.5 Reception of the parcel

11.5.1 Goods are sent in cardboard box or padded envelopes and protected with other packaging materials.

11.5.2 When the items are delivered to the Customer, the latter will be asked to sign for the goods as acknowledgment of receipt.

11.5.3 Should no reservation be mentioned, the parcel is considered as delivered in good condition and no subsequent claims or complaints will be accepted by Smokers Exit. Should the customer want to preserve recourse against the courier, he/she must put in a claim in writing to the courier within 3 days (public holidays excluded) following the day of delivery. This claim must be sent by registered letter with a form for acknowledgment of receipt. 

11.5.4 Any unclaimed parcel that is returned to Smokers Exit can be sent back to the Customer provided that he/she repays the delivery fees.

11.6 Delivery Fees

11.6.1 Delivery fees are charged according to the estimated weight (carrier rule of weight-volume ratio) of the parcel (packaging and gifts included), the delivery country.

11.6.2 Delivery fees could be free of charge on specific marketing campaigns.
Should the Cash-on-Delivery shipping method be available for your country, be aware that the cost of this service is included in the delivery fee. This cost cannot be contested if the service is completed.

12 Value Added Tax (VAT)

12.1 Application

12.1.1 VAT is applied to sales concluded with residents of the European Union. VAT is not applied to non-UK-based companies in the European Union owning an intra-community VAT registration number.

12.1.2 VAT does not apply to sales directed to non-EU countries and territories.

According to the local legislation in effect, items are subject to taxes (local VAT, dock dues, custom duties …) when they arrive. Such taxes are to be paid by the Customer unless otherwise agreed upon by both parties.

12.2.3 Documentation is enclosed with the goods to confirm whether or not VAT was charged and the rate at which it was applied.

12.2.4 Upon placing the order, the Customer is to give his VAT registration number, after which our sales department attends to validating this number. The Customer is aware and accepts that VAT will be applied to any order for which a VAT registration number was not given or validated by our sales department.

13 Rate

13.1 The VAT rate applied depends on the country from which the item is delivered. The VAT rate applied is 20% in the UK and 21% in Ireland.

14 Customs

14.1 Providing that the legislation currently in effect does not evolve, there are no customs duties within the boundaries of the European Union. 

14.2 Customs duties may be applied on goods sold from the European Union to non-EU customers. In this case, the Customer is responsible for paying such customs duties as well as for taking care of possibly related administrative paperwork. Such fees cannot be determined beforehand which means Smokers Exit cannot provide the Customer with further information on the amount of such taxes and fees. The seller's responsibility ends when the item is sent to the delivery address stated by the Customer.

15 Error on Invoice

15.1Should any mistakes appear on the Customer's invoice, he/she must inform Smokers Exit by telephone or e-mail that the received items do not comply in nature, quality or quantity to what was ordered and invoiced. 

15.2 Any claim of non-conformity must be submitted before 10:00am on the business day that follows the delivery of the parcel. Any claim that doesn't satisfy the above mentioned conditions within the time allowed will not be taken into account and Smokers Exit will refuse any responsibility in the matter.

16 Strikes and "Force Majeure" Events

16.1 Smokers Exit 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 events outside our reasonable control (Force Majeure Event).

16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

16.2.1 strikes, lock-outs or other industrial action;

16.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

16.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

16.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

16.2.5 impossibility of the use of public or private telecommunications networks;

16.2.6 the acts, decrees, legislation, regulations or restrictions of any government.

16.3 Smokers Exit performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17 Exportation control and local legislation

17.1 The Customer should check with the local authorities of his/her geographical residence about the entry conditions for the ordered items. It is the Customer's responsibility to make the necessary declaration(s) and/or payment(s) to the appropriate authorities and or officials in his or her respective country. 

17.2 The Customer should inquire at local authorities on the legalities of importing or using the services and items ordered. 

17.3 The Customer should make sure that the technical specifications detailed by the manufacturer respect the legislation of their respective country. 

17.4 Smokers Exit cannot be held liable if the Customer does not respect the legislation of the country in which the items will be introduced.

18 Returns Procedure and Conditions

Important information: if the customer decides to return goods for repair to Smokers Exit or directly to the manufacturer or to an authorized technical center, whether the unit is in its warranty period or not, if the fault does not fall within the manufacturer's warranty, the authorized technical center will issue a quote which, if refused by the customer, will lead to the compulsory settlement of administrative costs. 

Smokers Exit is not involved in this procedure as the fees are fully repaid to the issuing technical center. The average cost is about £45

18.1 Conditions - An item is understood as a whole unit. Accordingly, if the Customer ordered a pack and he/she is unsatisfied with one element of the package, he/she must send back the whole package. Smokers Exit reserves the right to return incomplete items to the Customer.

Note: Any parcel that does not comply to this procedure will not be treated as a priority.

18.2 Procedure - Prior to returning an order, the Customer must inform Smokers Exit of his/her desire to do so. This is possible by phone, e-mail, fax or posted mail. The time allowed for the Customer to contact the Customer Care department depends on the nature of the return.

18.3 Smokers Exit recommends that the Customer return the goods in such a manner that it may be traced to ensure its arrival at the given address. Contrarily, should the parcel not arrive at its final destination, the Customer would not be able to open an inquiry with the carrier to locate it.

 

18.4 The Customer understands that a parcel that is not sent by Smokers Exit cannot be taken under the responsibility of the latter. The addresser is the only one in a position to ask the carrier to open an inquiry.

18.5 Packaging

18.5.1 Choose a box commensurate with the items returned.

18.5.2 Wrap the elements up with shockproof material. There must be a sufficient amount of protection around the elements so that they do not touch the inner surfaces or move inside the box. 

18.5.3 Important note: Do not write anything on the item's original packaging.

18.5.4 Clearly write the RMA number(s) on the cardboard box, written in capital letters. Should the Customer have several RMA numbers, he/she must write each of them on the parcel. Should the Customer need to use several parcels to send his or her items, he or she must write the RMA numbers on each box which correspond to the boxes' content.

18.5.5 Write the given delivery address

18.5.6 The Customer's data should also appear on the parcel. It is very important to write the RMA number(s) on the parcel.

18.5.7 If the return is made for an illegitimate reason, the item may be rejected and sent back to the Customer at the Customer's expense. Contrarily, the reason for the return may be amended. Should this be the case, the Customer will be informed by e-mail and his/her return will be treated according to the newly amended reason.

18.5.8 The Quality Service department of Smokers Exit is not an appraiser. A device with flaws or defect problems may be sent to the appropriate manufacturer after-sales department. In this case, the applied procedures will be the ones expressly recommended by the manufacturer.

18.5.9 If the Customer decides to return the goods to Smokers Exit, the Customer Care department will issue an RMA file number. The Customer will have to send back the item complete with all original accessories (user's manual, cables, remote control, warranty card…) preferably in its original packaging even if it was opened.

18.6 No refund will be authorised for returns after 30 days of purchase.

18.6.1 If the goods develop a fault after the first 30 days following receipt, the Customer has a right to return the goods to us so that we can send them off to be repaired under warranty on his/her behalf. 

18.6.2 However the Customer should note that this will result in a significant delay in the goods being returned to him/her.

If the Customer returns the goods to Smokers Exit, he/she should consider:
- the time for the goods to reach us, 
- the time for us to process the return, 
- the time to send the goods to the manufacturer, 
- the time the manufacturer needs to process the return, 
- the time for Smokers Exit to receive back the goods from the manufacturer, and 
- the time to return the goods to the Customer.

So we recommend in most cases that the Customer sends the goods that are covered under a manufacturer's warranty directly to the manufacturer for repair. This will save at least 15 to 20 days in the return process.

Please contact us for main manufacturer's contact details

18.6.3 The Customer must systematically state his/her order reference, his/her name and complete address if he/she wants his/her request to be processed efficiently.

19 Dead-on-Arrival Returns

19.1 DOA Application - The Customer must communicate that he/she has received a faulty item before 10a.m. the next business day following the day of delivery. When the Customer files his return he/she must specify the motive of the return.

19.2 Some manufacturers attend to and manage DOAs with the Consumer directly. Smokers Exit Customer Care department will provide the Consumer with the name, address and procedures for the manufacturers. Afterwards, the Consumer will have to contact the manufacturer who will proceed with a standard replacement after having acknowledged the defect.

19.3 In regard to other her manufacturers, Smokers Exit Customer Care department will issue the Customer an RMA file number. The Customer will have to send back the item in its original packaging even if it was opened. All the original accessories will also have to be included (user's manual, cables, remote control, warranty card…).

19.4 The Consumer must systematically state his/her order reference, his/her name and complete address if he or she wants his or her request to be processed efficiently.

IMPORTANT NOTE: Only the items with a proven DOA defect stemming from the manufacturer will be accepted. Otherwise, the item may be returned to the Customer, at his/her own expense, or the reason of return amended by an appropriate one.

20 Disqualifications

20.1.1 Items with an unproven DOA by our Quality Service department or an expert from the technical centre.

20.1.2 Flaw due to misuse of the item.

20.1.3 Items opened or dismantled.

20.1.4 Damages, flaws, failures or defects due to external origins.

20.1.5 Settings accessible to the user without dismantling the item, such as image, sound, contrast settings.

20.1.6 Repairs and damage of the device due to a repair executed by parties other than the ones agreed upon by the manufacturer.

20.1.7 Damages due to corrosion, oxidization, poor connection or a power supply problem.

20.1.8 Damages due to a power supply problem should not be understood as a power supply problem internally related to the device, but as an external power supply problem, such as a connection to a defective plug.

20.1.9 If the charger rate is not properly set and polarity is incorrect

20.2 Processing of a DOA Return - In regard to DOA returns processed by the brand manufacturer, the Customer must make his request of return directly to the manufacturer who, depending on the circumstances and after pinpointing the flaw, will provide the Customer with a repair or a standard replacement of the item. 

20.3 In regard to other brands, once the parcel is received and accepted by Smokers Exit, and depending on the nature of the item, the available stock and the Customer's wishes, Smokers Exit will provide the Consumer the opportunity to exchange the original item for another one of equal value. Otherwise, Smokers Exit will issue a store credit. It will correspond to the total amount of the order (item(s) + shipping fees if the order is only composed of the DOA item).

20.4 If the Customer chooses to be refunded, and subject to the above mentioned conditions, a refund equal to the value of the items as shown on the invoice (item(s) + shipping fees if the order consist solely of the DOA item) will be made within 30 days after Smokers Exit has received the item.

20.5 Return Fees - Once the parcel is received and accepted, should the shipping fees be known to Smokers Exit, Smokers Exit will issue a store credit equal to the amount of such fees. Should the shipping fees be unknown to Smokers Exit, the Customer will be asked for proof of the expenses incurred so that a related store credit can be issued.

21 Returns due to a referencing error

21.1 Processing of a Poorly Referenced Return - The Consumer is entitled to a thirty (30) day period starting from the date he/she received the product(s) to inform Smokers Exit that the received item(s) does(do) not correspond to what was ordered (compatibility, reference mistake; size, colour, technical specification problem, item completely different …) so that Smokers Exit Customer Care department can issue the Customer an RMA number.

21.2 The item must be returned in good condition, in its original packaging, even if opened, with all the included accessories (cables, user's manual, CD, etc.).

The Consumer must systematically state his/her order reference, his/her name and complete address if he or she wants his or her request to be processed efficiently.

21.3 Process - Once the parcel is received and accepted by Smokers Exit, and depending on the nature of the item, the available stock and the Consumer's wishes, Smokers Exit will provide the Customer with an opportunity to return the originally ordered item or to replace it with another one of equal value.

Otherwise, Smokers Exit will issue a store credit. It will correspond to the total amount of the order (item(s) + shipping fees if the order consists solely of a single item).

21.4 Smokers Exit will deduct the price of consumed items (video tapes, ink cartridges, batteries, Cartomizers, Clearomizers, eliquids paper provided with a printer, video projector lamp,... open list), damaged items (damaged lens cap, written off manual...open list) or missing items (UK-EU plug adapter, styli, memory cards… open list) at its own discretion.

21.5 If the Customer chooses to be refunded, and subject to the above mentioned conditions, a refund equal to the value of the store credit will be made within 30 days after Smokers Exit has received the item.

21.6 Return Fees - If the Customer decides to return the devices by his own means and once the parcel is received and accepted, should the shipping fees be known to Smokers Exit , Smokers Exit will issue a store credit equal to the amount of such fees. Should the shipping fees be unknown to Smokers Exit , the Customer will be asked for proof of the expenses incurred so that a related store credit can be issued. If a store credit is issued, the Customer is allowed to ask our Customer Service department that the credit be voided and a refund be issued in its place.

Note: If the Customer decides to return his parcel by his own means, the refund of the expenses will not exceed £20.

22 Warranty

22.1 The Smokers Exit warrants that for the relevant period for the relevant Goods (please see our website, Call us or email us for the details for each type of Goods) (the Warrant Period), the Goods will;

22.1.1 be free from material defects in design, material and workmanship;

22.1.2 be of satisfactory quality within the meaning of the Sale of Goods Act 1979, as amended.

22.1.3 E-cigarette batteries and atomisers, Clearomizer are consumable items are expected to degrade and fail over a period of time (depending on usage) and this is reflected in our keen pricing. We check all products when we receive them from the factory and again before we ship them to you but in the unlikely event that you receive a product that is non-operational from the start, it is considered Dead On Arrival (DOA) and will be replaced (at our own cost) provided you notify us 3 days of receipt and provided we have sufficient stock of the item on hand and that you adhere our returns policy.

22.1.4 Due to the high probability of accidental misuse in today's multi-voltage vaping environment, atomisers, cartomisers, clearomizers, cartridges, coils, and heads are non-returnable /non-refundable for any reason with the exception of the DOA terms. Longevity, performance and taste are not covered under warranty. Cartomisers, Clearomizers and Coils/Heads are sold as single use items and are warranted under the DOA terms if they fail to "fire-up" on first use only or if they do not show a resistance measurement when checked with a multi-meter, and if you notify us within 3 days of receipt.

22.1.5 Replaceable battery cells and their associated chargers are covered by a 30-day warranty if used in accordance with the instructions and only with the recommended accessories supplied by Smokers Exit.

22.1.6 E-liquids, cartridges and drip tips may not be returned under any circumstances for safety and hygiene reasons.  

22.1.7 Further warranty information where it differs from the above may be detailed with specific products.

22.1.8 Cooling-off period by law, customers located in the EU have the right to withdraw from the purchase of an item within seven working days of the day after the date the item is delivered.

Note Where you are withdrawing from your purchase within the seven working day cooling-off period, and there has been no error on our part, we will refund the cost of the item. The original postage and packing costs will not be reimbursed, and you must pay the return shipping costs. Some items are non-returnable for hygiene reasons. All returns must be sent back in full accordance with our Returns Policy.

Note that replacement products or parts assume the remaining warranty of the original purchase (not an entirely new warranty period).

22.2 The Smokers Exit will, subject to compliance by the Customer with the Return Merchandise Authorisation at its option, repair, replace, if such product is unavailable, then an alternative which is of the same or similar quality and value  or refund the price of defective Goods,

22.2.1 informs the Smokers Exit in writing during the Warranty Period and within 3 Business days of discovery that some or all the Goods do not comply with clause 23.1;

22.2.2 If the Customer decides to return the goods to Smokers Exit, the Customer Care department will issue an RMA file number. The Customer will have to send back the item complete with all original accessories (user's manual, cables, remote control, warranty card…) preferably in its original packaging even if it was opened.

22.2.3 Any item received in poor conditions may be considered as out of warranty by the Smoker Exit technical department.

22.2.4 The Customer must systematically state his/her order reference, his/her name and complete address, and Authorised RMA no if he/she wants his/her request to be processed efficiently.

22.2.5 Any parcel that does not comply to this procedure will not be treated as a priority.

22.2.6 Return Fees - If the Customer decides to return the devices by his own means and once the parcel is received and accepted, should the shipping fees be known to Smokers Exit, Smokers Exit will issue a store credit equal to the amount of such fees. Should the shipping fees be unknown to Smokers Exit, the Customer will be asked for proof of the expenses incurred so that a related store credit can be issued.

22.2.7 If the Customer decides to return his parcel by his own means, the refund of the expenses will not exceed £20

22.2.8 Gives the Smokers Exit a reasonable opportunity to examine the defective Goods; and

22.2.9 Returns the defective Goods to the Smokers Exit at the Customer’s expense.

22.3 The Conditions will apply to any Goods repaired or replaced under clause 22.2;

22.4 Smokers Exit will not be liable for any failure of the Goods to comply with clause 22.1:

22.4.1 Where such failure arises by reason of wilful damage or negligence;

22.4.2 To the extent caused by the Customer’s failure to comply with Smokers Exit instructions and/or Goods practice in relation to storage of the Goods;

22.4.3 To the extent caused by the Smokers Exit following any design or specification or requirement of the in relation to Goods;

22.4.4 Where the Customers repairs or alters any Goods without the Smokers exit’s prior written agreement; or

22.4.5 Where the uses any of the Goods after notifying the Smokers Exit that it does not comply with clause 22.1.

22.4.6 Flaw due to misuse of the item

22.4.7 Damages, flaws, failures or defects due to external origins.

22.4.8 Damages due to corrosion, oxidization, poor connection or a power supply problem

22.4.9 Damages due to a power supply problem should not be understood as a power supply problem internally related to the device, but as an external power supply problem, such as a connection to a defective plug, using associates Goods which is not supplied by Seller

22.4.10 If the charger rate is not properly set and polarity is incorrect

22.4.11 Continue using Goods that are damaged or faulty

23 Our liability

23.1 The following provisions set out the entire financial liability of the Smokers Exit (including any liability for the acts or omissions of its employees, agents, resellers, distributors, franchise and sub-contractors to the Customer in respect of:

23.1.1 Any breach of this Contract; and

23.1.2 Any representation, statement  or tortuous act or omission including negligence arising under or in connection with the contract.

23.1.3 All warranties, conditions and other terms implied by statue or common law are to the fullest extent permitted by law, excluded from this Contract.

23.1.4 Nothing in this Contract excludes or limits the liability of the Seller for death or personal injury caused by the Seller’s negligence or fraudulent misrepresentation

23.2 Subject to Clauses 23.1.2  and 23.1.3

23.2.1 Smokers Exit shall not be liable to the Customer/Consumer for any indirect or consequential loss or damage (whether for loss of profit or contracts,  loss of income or revenue, loss of business, depletion of goodwill, loss of anticipated savings, loss of data, or), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with this Contract; and

23.2.2 The Smokers Exit’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with this Contract shall be limited to the amount actually received by the Smokers Exit pursuant to the terms of this Contract.

23.3 Customer shall be liable for and will indemnify and keep indemnified the Smokers Exit in full against any and all liability loss damages costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by the Smokers Exit arising out of any dispute or contractual tortuous or other claims or proceedings brought against the Smokers Exit arising out of this Contract,

23.4 Smokers Exit is released from its delivery obligations in the event of circumstances which are entirely out of our control, i.e. carrier strikes or natural disasters.

23.5 The websites directly or indirectly linked to Smokers Exit websites (www.smokersexit.com or smokersexit.co.uk) are not administered or controlled by Smokers Exit. Consequently, Smokers exit (Seller) cannot be held liable for the information stated on those sites. Links to third party websites are provided for convenience only and therefore, Smokers Exit cannot be held to guarantee the veracity or the reliability of their content.

24 Customer’s Obligations

24.1 Customer agree that Customer is solely responsible and liable for all activities on the Website carried out under your Customer Profile and Buyer shall only  shall only sell to c Customer and not to other retailers or wholesales.

24.2 Customer shall promptly notify Smokers Exit in the event that there is a breach of security or any unauthorised use of your Customer Profile.

24.3 Customer shall not tamper with or alter the Goods but may for the avoidance of doubt sell the Goods at any price that the Customer determines and may amend or alter the “RRP” figure stated on the Goods.

24.3 By registering a Customer Profile and using the Website, you agree that you shall not submit to appear on the Website, any review, comment, link or other material whatsoever (“User Submissions”) that may reasonably be deemed to be offensive, illegal or inappropriate or in any way:

24.4 The Customer warrants and represents that it has all necessary authorisation to sell the Goods.

24.5 Customer Should be 18+

24.6 By registering a Customer profile and using the website or shop, you agree that you shall not submit to appear on the Website, any review, comment, link or other material whatsoever (“User Submissions”) that may reasonably be deemed to be offensive, illegal or inappropriate or in any way:

24.6.1 Promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

24.6.2 Harass or advocate harassment of another person

24.6.3 Display pornographic or sexually explicit material; 

24.6.4 Promote any conduct that is abusive, threatening, obscene, defamatory or libellous;

24.6.5 Promote any illegal activities;

24.6.6 Provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;

24.6.7 Promote or contain information that you know or believe to be inaccurate, false or misleading;

24.6.8 Engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Seller;

24.6.9 Infringe any rights of any third party.

24.7 Customer further agree that at all times, you shall not:

24.7.1 Use a Customer Profile with the intent of impersonating another person;

24.7.2 Allow any other person to use a Customer Profile that you have registered;
create multiple Customer Profiles; or

24.7.3 Use the information presented on the Website for any commercial purposes.

24.8 You may terminate your Customer Profile by ceasing all use of the Website. If you wish to have your Customer Profile removed from Seller database, you must give us reasonable notice to do so. Upon termination of your Customer Profile, you shall cease to have access to certain features and elements of functionalities of the Website granted to an individual with a Customer Profile.

25 Confidentiality

25.1 Customer and Smokers Exit shall keep confidential all Confidential Information of   each other party and will only use the each other’s Confidential Information as required to perform the Contract. The provisions of this clause will not apply to:

25.1.1 Any information which was in the public domain at the date of this contract;

25.1.2 Any information which comes into the public domain subsequently other than as a consequence of any breach of this Contract or any related agreement;

25.1.3 If it is independently developed by the other party without using information supplied by the first party ; or

25.1.4 Any disclosure required by law or a regulatory authority or otherwise by the provisions of this Contract.

25.2 This clause 26 will remain in force for a period of 6 years from the date of the Contract.

26  Intellectual Property Rights

26.1  means copyright, patents, know-how, trade secrets, Logos, trade names, trademarks, design rights, right in get-up, rights in goodwill, rights in confidential information, rights to sue for passing off, chip topography rights, mask works, utility models, domain names,  website contents, Logo, and all similar rights and each case;

i) Whether registered or not,

ii) Including any applications to protect or register such rights

iii) Including all renewals and extensions of such rights or applications,

iv) Whether vested, contingent or future,

v) To which the seller is or may be entitled and

vi) In whichever part of the world existing;

27 Risk and title

27.1 The Products will be at your risk from the time of delivery

27.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges

28 Exportation control and local legislation

28.1 The Customer’s should check with the local authorities of his/her geographical residence about the entry conditions for the ordered items. It is the Customer's responsibility to make the necessary declaration(s) and/or payment(s) to the appropriate authorities and or officials in his or her respective country.

28.2 The Customer’s should inquire at local authorities on the legalities of importing or using the services and items ordered.  The Customer’s should make sure that the technical specifications detailed by the manufacturer respect the legislation of their respective country. Smokers Exit cannot be held liable if the Customer’s does not respect the legislation of the country in which the items will be introduced.

29 General

29.1 Data Protection and Security

Except as expressly set out in these terms and conditions, all use of your personal information will be made in accordance with our privacy policy. By registering any of your personal details with us, you are agreeing to allow us to contact you regarding any of our own products or services. We may pass your details to a third party unless otherwise indicated to by you.

We will take all reasonable precautions to ensure the security of any payment details included in your order nevertheless, barring direct negligence on our part, we cannot be held liable for any losses incurred as a result of unauthorised access to information you may provide.

If you have any queries or issues regarding security at Smokers Exit please contact admin@smokersexit.com

29.2  Net set-off

All Payments by the Buyer will be made without set-off or counterclaim, free and clear of and without deduction for any tax, levy, duty, charge, or withholdings of any kind now or in the future, imposed in any jurisdiction unless a party is compelled by law to deduct or withhold any such amounts, in which case it will pay to the other such additional amount as will ensure that the other is paid the full amount it would have received but for such deduction or withholding.

29.3 Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

29.4 Relationship

The parties are independent business and not principal and agent, partners or employer and employee.

29.5 Notices

All notices given by you to us must be given to Smokers Exit Online Ltd at Unit 4XB,The Market Place, Knowsley Street, Bolton Bl1 2AR. We may give notice to you at either the e-mail or postal address you provide to us when placing an order or by hand on delivery. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

29.6 Waiver

we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

29.6.1 A waiver by us of any default shall not constitute a waiver of any subsequent default.

29.6.2 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 30.7 below

29.7 Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

29.8 Rights of Third Parties

This Contract is not enforceable by any third party under the Contracts (Right of Third Parties) Act 1999 or otherwise.

29.9 Our right to vary these terms and conditions

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

30 Forums

The forums are available for everyone - you do not have to be an Smokers Exit customer to use the forums. The content of the forums represents the forum users, it expressly does not represent the views of Smokers Exit Online Ltd or its staff and of Smokers Exit Online Ltd cannot be held responsible for the views and the comments expressed in the forums.

30.1 Processing time

Orders placed through the Internet are processed Monday to Friday according to the principal of "first in, first out." The processing time is subject to the payment method (customers must take into account the lead-time required for bank transfers to arrive), stock availability, and internal company procedures. Processing times may therefore vary from a few minutes to several days.

30.2 Acceptable Behaviour

Smokers Exit reserve the right to conduct business with only those parties that they deem fit and to refuse service to anyone for rude and obnoxious behaviour, misrepresentations of any kind, violations of general internet policies such as spam and/or continual customer complaints for products and/or services offered.

30.3 Cession

Smokers Exit Shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

30.4 Priority

 The terms of the Conditions prevail over those of the Order.

 30.5 Entire Agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

30.6 E&OE

Errors and omissions must be excepted.

30.7 No effect to statutory rights

The above policies are part of our commitment to high quality service. They do not affect your statutory rights as a consumer.

30.8 Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Smokers Exit Online Ltd

Unit 4X The Market Place

Bolton

BL1 2AR