Please read this agreement carefully. It contains crucial clauses which impose obligations on you and which limit or exclude VapeApe’s liability to you. These Terms and Conditions are applicable every time you access our website and/or order goods from our website www.vapeape.ie. Please note that these Terms and Conditions also incorporate the following sections, which we advise that you read:
- The Agreement
- Information about us
- Serviced Countries
- Acceptance of Agreement
- Customer status
- Placing an order
- Description of Products
- Consumer right of cancellation
- Delivery to Businesses
- Title to and risk in Goods
- Price and Quotes
- Return’s policy
- Data protection
- Variation of Prices
- Cancellation form
- Accessing the Website
- Intellectual Property Rights
- Final Claims
Before proceeding with an order, you will be required to show that you have read and understood the following terms and conditions. We recommend that you print a copy of these Terms and Conditions for your future reference.
In this Agreement, the following capitalized terms and expressions have the following meanings:
- “Agreement” has the meaning given to it in clause 2.
- “Consumer” means a person who is acting for purposes which are outside that person’s trade, business or profession.
- “you” and “your” means both you and/or the person, organization or entity on whose behalf you are acting.
- “Product” means any good and/or product listed on this website.
- “Contract” has the meaning given to it by clause 7.3.
- “Customer Help Line ” means a customer sales centre operated by VapeApe through which you may submit orders by telephone or email for products.
- “Delivery Point” has the meaning given to it in clause 10.1.
- “Purchase Confirmation” has the meaning given to it in clause 7.3.
- “VapeApe” has the meaning given to it in clause 3.
- “Cancellation Form” means the form set out Part B of Schedule 3 of the European Union (Consumer Information, Cancellation, and Other Rights) Regulations 2013 and which is attached in clause 19 of these terms
- “Returns Policy” has the meaning given to it in clause 15.1.
- “Website” has the meaning given to it in clause 2.1.
- “Intellectual Property” means any intellectual property including, without limitation, any copyright works and related rights (including copyright in computer software and databases), database rights, discoveries, concepts, domain names, patents, trade secrets or other processes, technologies, know-how, inventions, ideas, improvements, information, trade secrets, logos, designs, trademarks, service marks, topography and semi-conductor chip rights, confidential information, business names and all similar rights anywhere in the world existing now or in the future (whether any of the foregoing is registered or unregistered and including any application or right of application or right of renewal in relation to any of them).
- The Agreement
2.1 These Terms and Conditions of Sale (together with all documents referred to on it) (together, called the “Agreement”) tells you the terms and conditions on which Vapeape.ie supplies any services and/or Products listed on VapeApe’s website from which you can access this page including, in particular, www.VapeApe.ie (called the “Website”) and/or purchased via the Customer Help Line.
2.2 You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of VapeApe which is not set out in this Agreement. Nothing in this clause 2.2 excludes or limits VapeApe’s liability for fraudulent misrepresentation.
2.3 The Agreement (including any documents referred to in it) may be revised from time to time by VapeApe. Therefore, the Agreement (including any documents referred to in it) should be read carefully before ordering Products from VapeApe each time you intend to make a purchase.
2.4 In this Agreement, “you” and “your” means both you and/or the person, organization or entity on whose behalf you are acting. The meaning of other capitalized terms and expressions used in the Agreement are set out in clause 1.
- Information about us
3.1 This Website and the Customer Help Line is operated by MND Food Limited T/A VapeApe (called “VapeApe”).
3.2 MND Food Limited is a company with limited liability registered under the laws of Ireland with registered number 550483 and registered office at:
2 Cois Na hAbhainn,
This is also VapeApe’s main trading address. MND Food Ltd VAT number is IE3292569WH. Our contact details are:
Tel: +353 85 8328626
3.3 We have tried to make this Agreement clear and easy to understand. Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
3.4 All rights in this website are owned by VapeApe. Any unauthorized use, copying or modification is prohibited.
- Serviced Countries
4.1 This website and the Customer Help Line is intended for use only by persons legally resident in Ireland and VapeApe only accepts orders from persons who are legally resident in Ireland.
- Acceptance of Agreement
5.1 Please read the Agreement (including any documents referred to in it) carefully before ordering any Products from Vapeape. You acknowledge and agree that by clicking “I Accept” and/or ordering any Products from VapeApe, you (including any person, organization or entity on whose behalf you are acting) agree to be legally bound by the Agreement (including any documents referred to in it) and confirm your understanding of it.
5.2 If you refuse to accept the Agreement (or any part of it), you will not be able to order any products from VapeApe.
5.3 If you are making an order via the Customer Help Line, a copy of this Agreement will be sent to you by e-mail and you (including any person, organisation or entity on whose behalf you are acting) will be deemed, with effect from the time the order was submitted, to have agreed to be legally bound by and confirmed your understanding of this Agreement (including any documents referred to in it), except if you cancel the Contract. Any cancellation of the Contract must be undertaken in accordance with clause 5.4 or clause 9
5.4 Without limiting your rights under clause 9 (Consumer right of cancellation), if you make an order via the Customer Help Line, you may cancel the Contract or order within one (1) day of your receipt of the Agreement through your e-mail account.
5.5 VapeApe recommends that you print or save a copy of the Agreement (including any documents referred to in it) for future reference.
- Customer status
6.1 By placing an order through the Website or the Customer Help Line, you agree and warrant that:
(a) you are legally capable of entering into this Agreement and on behalf of any person,
organization or entity on whose behalf you are acting;
(b) you are legally resident in Ireland and, if a natural person, are at least eighteen (18) years old;
(c) the information you provide to VapeApe for the purpose of ordering products or services is complete and accurate;
(d) you are legally and fully entitled to use any credit card or debit card furnished for the purpose of making a purchase and sufficient funds are available on the relevant card to cover the cost of purchases by you; and
(e) if you are acting on behalf of a business, company or organization, such business, company or organization is sufficiently creditworthy and able to cover the cost of purchases by you.
6.2 Any breach by you of clause 6.1 will entitle VapeApe to immediately terminate the Agreement and any Contract by notice to you and without any liability to you whatever.
- Placing an order
7.1 Orders can be placed via the Website. Orders can also be placed (and, if applicable, any order input errors can be corrected) by calling, emailing the Customer Help Line or via social media.
7.2 After placing an order, you will receive an e-mail from VapeApe acknowledging that VapeApe has received your order and confirming the price, delivery charge and specification of the product order. Please note that this does not mean that your order has been accepted by VapeApe. Your order constitutes an offer from you to VapeApe to buy a product subject to this Agreement.
7.3 All orders are subject to acceptance by VapeApe and availability. VapeApe will confirm its acceptance of your order by sending you an e-mail that confirms that your order has been accepted (which e-mail is called the “Purchase Confirmation”) and not otherwise. A legally binding contract between VapeApe and you (called the “Contract”) will only be formed when VapeApe sends you the Purchase Confirmation. If you place your order via the Website the Purchase Confirmation will contain a link to a copy of this Agreement.
7.4 The Contract will relate only to those products identified in the Purchase Confirmation. VapeApe is not obliged to supply any other products which may have been part of your order until the acceptance of your order in this respect has been confirmed in a separate Purchase Confirmation.
7.5 VapeApe accepts no responsibility and will not be liable in any way to you if the products ordered are unavailable or if an order is rejected, not accepted or not rejected.
7.6 Accordingly, an order or Contract for Products may not be cancelled, revoked or terminated by you except as expressly provided in this Agreement or, in specific cases, with VapeApe’s prior written consent. An attempted revocation of an order will only be effective if VapeApe confirms its receipt of, and agreement to, the revocation within one (1) business day of the notification first being sent.
7.7 Please note that no terms or conditions endorsed on, delivered with or contained in your order, confirmation of the order, specification or other document or communication supplied by you form part of this Agreement or any Contract as a result of such document or communication being referred to in the Contract or otherwise.
7.8 This Agreement prevails over any terms and conditions put forward by you and no conduct of VapeApe constitutes acceptance of any terms or conditions put forward by you (unless VapeApe expressly agrees to them in writing by express reference to this clause).
- Description of Products
8.1 You are solely responsible for using your skill and judgment to choose the Products (and their specification) which are suitable for your purposes and needs and ensuring that they are compatible with any other products or systems you have.
8.2 The Products supplied are generally manufactured by a third party manufacturer and resold by VapeApe in accordance with the manufacturer’s standard specifications, as these are revised by the manufacturer from time to time. VapeApe accordingly reserves the right to supply Products with a different specification to that ordered where the ordered Product is unavailable to VapeApe provided that the supplied Product has equivalent functionality, performance and price to that ordered. If you exercise your right of cancellation in accordance with clause 9 in respect of any equivalent Product so supplied, VapeApe will bear the cost of returning the Product.
8.3 VapeApe will supply Products to you subject to, and in accordance with, this Agreement and the relevant Contract. The quantity, specifications, and description of the Products is as set out in the Purchase Confirmation.
8.4 All samples, drawings, descriptive matter, specifications and advertising issued or made available by VapeApe and any descriptions or illustrations contained in VapeApe’s catalogues, brochures or on the Website are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They do not form part of the Contract and this is not a sale by sample.
- Consumer right of cancellation
9.1 If you are ordering Products as a Consumer, you have a right to cancel your order in accordance with this clause 9.
9.2 Subject to clauses 9.3, 9.4 and 9.5, if you are a Consumer you may cancel the relevant Contract at any time within fourteen (14) days beginning on the day after you received the Products (the “cooling-off period”) without giving us any reason for the cancellation. If you intend to cancel a Contract in accordance with this clause 9.2 you must inform VapeApe of your decision to cancel that Contract by an unequivocal statement. You may do so by sending an e-mail attaching your completed Cancellation Form to email@example.com, by posting a letter of your completed Cancellation Form to the VapeApe address provided at clause 3.2 above, within the cooling-off period. When contacting VapeApe to cancel you may use the Cancelation Form at the bottom of this page, at clause 19, but it is not obligatory.
9.3 It is sufficient for you to send your communication concerning your exercise of the right to cancel before the cooling-off period has expired, however, VapeApe will require proof of this date to verify that any cancellation is within the given cooling off period.
9.4 You must, in any case, return the Product to VapeApe, at your own risk and cost (except where provided in clause 8.2 ) in the same condition in which you received it, together with all relevant packaging, without undue delay and no later than 14 days from the day on which you informed VapeApe of your cancellation of the Contract in order that VapeApe can resell it. You shall return the Product to the VapeApe address provided at clause 3.2 above. Also, if you return the product any time within fourteen (14) days you will be refunded without the cost of postage, which is set to 5euro.
9.5 You must take reasonable care of the Products prior to returning them and are liable for any diminished value of the Products resulting from the handling of the Products beyond that necessary to establish their nature, characteristics, and functioning.
9.6 If you cancel a Contract in compliance with clause 9.2, VapeApe will reimburse you in respect of any sums paid by you to VapeApe in accordance with VapeApe’s Returns Policy detailed in clause 15. VapeApe may withhold reimbursement until VapeApe has received the Products from you or you have supplied evidence of having sent back the Products, whichever VapeApe receives first.
9.7 You do not have a right of cancellation pursuant to this clause 9 if:
(a) by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly;
(b) you are contracting or making an order for or on behalf of a business, company or other commercial entity.
9.8 VapeApe reserves the right to take action against you if the Product returned has, whilst in your possession or control, become unfit for resale or damaged or you have not returned the Product and all relevant packaging included in or with the Product when it was delivered to you.
10.1 VapeApe will deliver the Products during normal business hours to the address (Ireland only) designated by you (which may be VapeApe’s premises where you propose to collect the Product) and during the period designated by VapeApe, as confirmed in the Purchase Confirmation (“Delivery Point”). While VapeApe will endeavour to meet any request by you in relation to the period during which the Product is to be delivered, the period during which, and the exact time of delivery is at the discretion of VapeApe.
10.2 You must take delivery, and make all arrangements necessary to take delivery, of the Products when they are made available by VapeApe (or its courier) at the Delivery Point during the period for delivery confirmed in the Purchase Confirmation.
10.3 Delivery is deemed to take place on and from when the Products are made available by VapeApe (or its nominee) at the Delivery Point. VapeApe may deliver the Products at any reasonable time before or after the quoted delivery date and time, subject to prior notification.
10.4 VapeApe may, for practical reasons, deliver the Products to you by separate instalments and will notify you accordingly if this is the case.
10.5 Each instalment is a separate Contract and no cancellation or termination of any one Contract relating to an instalment entitles you to repudiate or cancel any other Contract or instalment.
10.6 You must examine the Products immediately upon receipt of them and notify VapeApe promptly of any miss-delivery.
10.7 VapeApe is not liable for non-delivery of, or damage to, the Products where the Products, by prior agreement between you and VapeApe, are carried by you or by a carrier on your behalf.
10.8 VapeApe is not liable for:
(a) any non-delivery of Products unless you give written notice to VapeApe of the non-delivery within forty-eight (48) hours of the date of delivery;
(b) delivery of the wrong Product or Product with an incorrect specification unless you give written notice to VapeApe of the mistake within seven (7) days of the date of delivery; and
(c) any damaged Products unless you give written notice to VapeApe of the damage within forty-eight (48) hours of the date and time of delivery or, if the damage was not apparent to the naked eye, the date and time at which the damage became first to become apparent.
10.9 Any liability of VapeApe for non-delivery of, or delivery of damaged or incorrect, Products is limited, at VapeApe’s discretion, to:
(a) delivering or replacing the relevant Products within a reasonable time;
(b) issuing a refund or reduction in price, as appropriate; or
(c) where the relevant Products were purchased on credit, issuing a credit note at the pro rata Contract rate against any invoice raised for such Products.
10.10 If you refuse or fail to take delivery of Products delivered in accordance with the Agreement and a Contract or fail to take any action necessary by you for delivery or receipt of the Products, the Products are deemed to have been delivered by VapeApe and VapeApe is entitled to:
(a) dispose of the Products as VapeApe may determine at its sole discretion and recover from you (in addition to the price) any loss and additional costs incurred as a result of such refusal or failure (including, without limitation, disposal costs); or
(b) store the Products until final delivery at your sole risk and expense (including for loss or damage caused by VapeApe’s, your or the carrier’s negligence), whereupon you are liable for all related costs and expenses (including, without limitation, storage, transit, re-delivery and/or insurance) from the date and time of initial delivery.
- Delivery to Businesses
11.1 This clause 11 also applies in relation to the delivery of Products to all businesses (i.e. all non-Consumers) but not in respect of deliveries to Consumers.
11.2 The Products are at your sole risk (including for loss or damage arising out of your or the carrier’s negligence) on and from when the Products are made available by VapeApe for collection by its nominated carrier.
11.3 You are responsible for ensuring the Products during delivery (and VapeApe is not required to ensure the Products at any time).
11.4 The description, quantity, and quality of any consignment of Products as recorded by VapeApe on despatch from its premises is conclusive evidence of the description, quantity and quality of Products received by you on delivery unless you can provide conclusive evidence proving the contrary.
- Title to and risk in Goods
12.1 Products are at your own risk from the time of delivery.
12.2 Ownership of, and title to, Products only pass to you when VapeApe receives full payment of all sums due in respect of the Products, including delivery charges. You are not entitled to sell the said Products, or use them as components in any system manufactured and subsequently sold, during the time that they remain the property of VapeApe.
12.3 Until ownership of, and title to, the Products has passed to you, you will:
(a) hold the Products on a fiduciary basis as VapeApe;
(b) store the Products (at no cost to VapeApe) separately from all your or any third party’s other goods and products in such a way that they remain readily identifiable as VapeApe’s property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and
(d) maintain the Products in satisfactory condition and, if you are not a Consumer, keep them insured on VapeApe’s behalf for their full price against all risks to the reasonable satisfaction of VapeApe.
12.4 VapeApe may immediately recover any Products delivered to you which are still owned by VapeApe if you breach any terms of this Agreement or if a Termination Event occurs.
12.5 If you fail to pay in full for Products delivered to you, VapeApe will be entitled to claim against you for the price despite the fact that ownership and/or title in the Products has not passed to you.
12.6 This clause 12 does not entitle you to return the Products and refuse or delay payment on the grounds that property and/or title have not passed.
12.7 You hereby grants VapeApe, its agents and employees an irrevocable license at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where your right to possession has terminated, to recover them.
12.8 Each provision in this clause 12 is separate and independent of the other provisions and is severable.
- Price and Quotes
13.1 All amounts quoted on this Website and in any communication issued in response to an order submitted by you (including the Purchase Confirmation) are, and are to be paid, in euro (€).
13.2 The price of any Products, unless a specific quote is given by VapeApe or an error is identified in the order acknowledgement or Purchase Confirmation, is as quoted in this Website from time to time, except in cases of obvious error.
13.3 Any quotation is valid on its date of issue only and can be revoked by VapeApe at any time. Any quotation is given by VapeApe on the basis that no Contract comes into existence except in accordance with clause 7.
13.4 The prices for the Products include VAT but exclude delivery costs, which will be added to the total amount due and payable by you as set out in VapeApe’s Delivery Information. You will be provided with the total cost before you finalize your purchase.
13.5 Catalogues, price lists, and other advertising literature or material used by VapeApe are intended only as an indication as to the price and range of the Products offered and no prices, descriptions or other particulars contained in them are binding on VapeApe.
13.6 Prices and delivery charges are liable to change or variation at any time, but changes will not affect orders in respect of which VapeApe has already sent you a Purchase Confirmation.
13.7 This Website contains a large number of Products and it is always possible that, despite VapeApe’s efforts, some of the Products listed on the Website may be incorrectly priced. If a Product’s correct price is higher than the price stated on VapeApe’s Website or quoted to you, VapeApe normally, at its discretion, either contact you for instructions before dispatching the Product or rejects your order and notifies you of such rejection.
13.8 VapeApe is under no obligation to provide the Product to you at the incorrect (lower) price, even after it has sent you a Purchase Confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a mispricing.
14.1 You will pay VapeApe in euro (€) and in full the price (including delivery charges and VAT, if applicable) in consideration of the supply of the Products pursuant to this Agreement and a Contract (without any abatement, deduction, withholding, counterclaim or set-off). No payment is deemed to have been received until VapeApe has received cleared funds.
14.2 Payment for all Products must, subject to clause 14.3, be made by credit or debit card in advance via the Website or the Customer Help Line. VapeApe accepts payment with different third-party providers which they are listed here. VapeApe will not charge your credit or debit card until VapeApe accepts your order, although VapeApe may confirm with your card provider that you have sufficient funds set aside for the purchase before accepting your order.
14.3 Businesses and public bodies only are entitled to apply for a credit account.
14.4 VapeApe may, at its absolute discretion, approve or reject an application for a credit account and may, at its absolute discretion, terminate or suspend an approved credit account from time to time. VapeApe reserves the right to require any applicant for a credit account to provide whatever information VapeApe requires in connection with the approval process including credit history and referees who may be contacted by VapeApe.
14.5 Payment for all Products under an approved credit account must be made within the period stated in the invoice (which, in all cases, will be no more than thirty (30) days from the date of issue of the invoice) and by whatever method, if any, required by VapeApe.
14.6 Time for payment is of the essence. If you do not pay the full price (including delivery charges) by the due date in cleared funds, VapeApe is entitled to stop delivery of the Products and charge you daily interest (both before and after judgment) on the outstanding balance at a rate of four per cent (4%) above the European Central Banks main refinancing operations rate from time to time from the date the payment was first due and owing.
14.7 If any payment from you is overdue, VapeApe is entitled, without prejudice to any other right or remedy, to suspend all further deliveries or supplies of Products under any Contract without notice.
14.8 VapeApe reserves the right at its absolute discretion to require payment prior to delivery or to alter the terms of payment from time to time.
14.9 All payments payable under any Contract become immediately due upon its termination despite any other provision.
- Return’s policy
15.1 VapeApe will comply with its returns policy, the warranty and its legal statutory obligations in relation to repairs, replacements, and refunds (including those under the Sale of Goods Act and the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations. The warranty period starts from the date of purchase, and the warranty is set to 30 days. Warranty does not cover heating coils/pods, atomizers and tanks, e-liquids and shortfills and casings which wear out quickly during regular use of the product.
15.2 When returning Products, you must comply with VapeApe’s Returns Policy.
15.3 You are responsible for the cost of returning the Products to VapeApe unless:
(a) VapeApe arranges to collect the Products from you;
(b) VapeApe delivers the Products to you in error, or
(c) the Products were damaged or defective at the date of delivery to you.
15.4 VapeApe is not responsible for the Products while they are in transit to us. We recommend that you pack the Products securely and that you use registered delivery service to return any Products to us.
15.5 If you return Products to VapeApe:
(a) because you have sought to cancel a Contract in accordance with clause 9 within the cooling-off period, VapeApe will (i) provide you with an acknowledgement of receipt (by email or post) of your intention to cancel the Contract without delay and VapeApe will refund the amount within a reasonable period of time in accordance with its legal obligations without delay; or
(b) for any other reason, VapeApe will consider the circumstances and will notify you of its decision in relation to your rights within a reasonable period having regard to your statutory rights and VapeApe’s Returns Policy.
15.6 VapeApe will usually provide a repair or replacement where required to do so in accordance with this clause 15 as soon as reasonably practicable unless VapeApe, acting reasonably, considers this is impossible or disproportionate. VapeApe will return repaired or replaced Products which fall within the ambit of the warranties and your rights in clause 15.1 at VapeApe’s expense.
15.7 If you are entitled to a refund or reduction in the price, VapeApe will usually return any money to you using the same method originally used by you to pay for the purchase. VapeApe will usually process a refund or reduction due to you without undue delay and, in cases where you exercise your right of cancellation under clause 9, VapeApe will reimburse you with all payments received from you without undue delay and in any event not later than 14 days from the day on which VapeApe is informed about your decision to cancel the Contract. VapeApe will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
15.8 If you return a Product to VapeApe which falls outside the ambit of the warranties and your rights in clause 15.1, VapeApe will notify you of this and will return the Product to you at your own cost and risk and you will be liable to pay VapeApe for the time incurred by VapeApe in inspecting the Product in accordance with VapeApe’s Returns Policy, and any charges incurred by VapeApe as a result of your failure to initially deal directly with the manufacturer in accordance with its instructions.
15.9 VapeApe offers, at its sole discretion in each case, a repair service where it uses reasonable commercial endeavours to repair Products returned to it which are not covered by the warranties and your rights referred to in clause 15.1. VapeApe will agree with you in advance a charge for any such services if you wish to avail of them.
15.10 Customers buying on this website should be aware that our electronic cigarettes, atomizers, coils, and batteries, although made to the highest quality, may fail or degrade over a period of time.
- This clause 15 does not affect your statutory rights.
16.1 VapeApe’s liability:
(a) in respect of death or personal injury caused by VapeApe’s negligence or breach of duty;
(b) in respect of fraud or fraudulent misrepresentation;
(c) arising by virtue of the Liability for Defective Products Act 1991; and/or
(d) which cannot be limited or excluded pursuant to applicable law, is not in any way excluded or limited by this Agreement despite any other provision of this Agreement.
16.2 If you are dealing as a Consumer, nothing in this Agreement excludes any conditions implied pursuant to sections 12, 13, 14 and 15 of the Sale of Goods Act 1893 and/or your rights under the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003.
16.3 The Products which VapeApe sells are generally Products manufactured by third parties. Subject to clause 16.1 and 16.2, any Products (or part of them, as the case may be, including without limitation, any Intellectual Property comprised in the Products) supplied to you by VapeApe pursuant to this Agreement which was manufactured by a third party carry only the warranty (if any) of the relevant third party manufacturer and you are only entitled to the benefit of that warranty to the extent that VapeApe has the power to pass through the benefit of such third party’s warranty to you.
16.4 VapeApe, subject to clause 16.1 and 16.2, excludes all terms, conditions, warranties and representations, whether expressed or implied by statute or common law, to the fullest extent permitted by applicable law including, without limitation, all terms, conditions, warranties and representations implied by section 39 of the Sale of Goods and Supply of Services Act 1980 and sections 13, 14 and 15 of the Sale of Goods Act 1893 (but not in any case that implied pursuant to section 12 of the Sale of Goods Act 1893).
16.5 VapeApe, subject to clause 16.6, is responsible for any direct losses you suffer which were reasonably foreseeable to both you and VapeApe when a Contract for the sale of Products by VapeApe to you was formed in accordance with this Agreement subject to a maximum amount which shall be no greater than the amount paid by you for the relevant Product.
16.6 VapeApe, subject to clauses 16.1 and 16.2, is not liable or responsible for any of the following, whether arising directly or indirectly and irrespective of whether it was advised of the possibility of them in advance:
(a) loss of actual or anticipated profits or loss of sales;
(b) loss of business, business opportunity, investment or customers;
(c) loss of actual or anticipated revenue or savings;
(d) loss of, damage to, or reduction in the value of, goodwill or reputation;
(e) loss of, or loss of use of, or damage to, any software or data or equipment (including computer equipment);
(f) loss and/or liabilities arising under or in relation to any other contract; and/or
(g) economic, consequential, exemplary, punitive, special, or incidental damages or losses.
16.7 Each of the sub-clauses contained in this clause 16 is capable of surviving separately and independent of each other. You acknowledge and agree that the price payable by you to VapeApe in respect of Products are based upon the assumption that VapeApe’s liability is limited and/or excluded in the manner set out in this clause 16 and this Agreement and that such limitation or exclusion is fair and reasonable taking into account the value and price of the Products and your ability and right to source the Products elsewhere or not to purchase them.
- Data protection
- Variation of Prices
18.1 The Agreement may be amended by VapeApe from time to time. VapeApe envisages that it will normally post any proposed variations to this Agreement on this Website thirty (30) days prior to the variation of this Agreement taking effect. Variations to the Agreement will not take effect during this notice period. If you do not accept the varied Agreement, you should not purchase any Products from VapeApe to which the varied Agreement applies.
18.2 The prices and delivery charges for Products may be increased or decreased without any notice whatever. However, the prices variation will not apply to any Products for which VapeApe has already issued a Purchase Confirmation.
- Cancellation Form
[Complete and return this form only if you wish to cancel the contract.]
To : [here the trader’s name, geographical address and, where available and e-mail address are to be inserted by the trader]:
I/We [* ] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods[*]/for the provision of the following service [*],
Ordered on[*]/received on [*],
Name of the consumer(s),
Address of consumer(s)
Signature of consumer(s) [only if this form is notified on paper]
- Accessing the Website
20.1 Access to this Website is permitted on a temporary basis, and VapeApe reserves the right to withdraw or amend the service we provide on this Website without notice. VapeApe is not liable if for any reason the Website is unavailable at any time or for any period.
20.2 From time to time, VapeApe may restrict access to some parts of this Website, or the entire Website, to users who have registered with.
20.3 If you choose, or you are provided with, a username, password or any other piece of information as part of VapeApe’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. VapeApe has the right to disable any user identification code or password, whether chosen by you or allocated by VapeApe, at any time, if in VapeApe’s opinion you have failed to comply with any of the provisions of this Agreement.
20.4 When using this Website, you must comply with the rules of VapeApe’s acceptable use policy.
20.5 You are responsible for making all arrangements necessary for you to have access to this Website. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of this Agreement and that they comply with it.
20.6 You may link to our home page, provided you do so in a way that is fair and legal and does not damage VapeApe’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on VapeApe’s part where none exists.
20.7 You must not establish a link from any website that is not owned by you.
20.8 This Agreement represents the entire understanding between you and VapeApe concerning the use of this Website and all prior promises, representations, agreements, and understanding are hereby revoked. You confirm by using this Website in accordance with this Agreement that you have not relied on any representations or warranties that are not set out in this Agreement.
- Intellectual Property Rights
21.1 VapeApe is the owner or the licensee of all intellectual property rights in this Website, and in the material published on it. All such rights are reserved.
21.2 You may print off one copy and may download extracts, of any page(s) from this Website for your personal reference, and you may draw the attention of others within your organization to material posted on this Website.
21.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
21.4 VapeApe’s status (and that of any identified contributors) as the authors of material on this Website must always be acknowledged.
21.5 You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from VapeApe or its licensors.
22.1 You are not required to register if you simply want to browse through the content on this Website.
22.2 Registration is not required to purchase goods or products through the Website. Registration is at the sole discretion of VapeApe. Only entities or persons legally resident in Ireland may register.
22.3 You will be asked to provide information such as your name, address, consumer/business status, telephone number, company name, position in the company, a department in the company and email address in order to register. All information supplied must be complete and accurate and up-to-date. In addition, you must choose a user ID and password. VapeApe may restrict the user ID or password you can want.
22.4 If VapeApe accepts your application for registration, you will be provided with an individual account.
22.5 VapeApe may at any time, without notice or reason, suspend or terminate your access to this Website, any service forming part of this Website or your account with VapeApe. VapeApe is not liable to you or any third party for any suspension or termination in this way.
22.6 As a registered user, you might post reviews and information, commentary and other materials and information displayed on this Website are not intended to amount to advice on which reliance should be placed. VapeApe, therefore, disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to this Website, or by anyone who may be informed of any of its contents.
23.1 Most of our product contains nicotine which is highly addictive. If unsure please consult with your doctor. Do not use it if you are allergic to any ingredients.VapeApe is not intended for use as nicotine replacement therapy.VapeApe makes no claim that our products help to quit smoking. Products on this website are strictly intended for use by existing smokers aged 18 years or over as an alternative to tobacco cigarettes. Not to be used by children and during pregnancy. Keep locked up and out of reach of pets.