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Terms & Conditions of Sale

1. Introduction

1.1 These Terms and Conditions of Sale ("Terms"), together with all information and documents referred to in them, govern all sales of products ("Products") by us through this website (the "Website") to you.
1.2 Please make sure you have read these Terms carefully, especially the limitations of our liability, before placing an order.
1.3 By placing an order for a Product through our Website, you agree to and accept these Terms. You should print a copy of these Terms or save them for future reference.
1.4 To register with and purchase Products via the Website, you must be aged 18 years or over and have a registered postal address in the UK.
1.5 We may amend these Terms from time to time. Every time you order a Product, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 13 May 2016.
1.6 Your use of our Website is governed by our Website Terms of Use. Please read these as they include important terms that apply whenever you visit this Website.

2. Information About Us

2.1 This Website is operated by CountThread Vapes with its registered office at Litton House, Saville Road, Peterborough, PE3 7PR. ("CTV", "we", "our" or "us").
2.2 To contact us, please see our Contact Us page or email us at contact@countthreadvape.co.uk or write to us via post at Customer Services, CountThread Vapes Litton House, Saville Road, Peterborough, PE3 7PR.

3. Our Products

3.1 The Products are as described on this Website from time to time. Please note that slight variations may occur between the delivered Product and the image of the Product given on the Website. You should ensure that you have checked the Product description on the Website before placing your order.

4. How To Order

4.1 We only accept orders from people aged 18 years or over with a registered postal address in the UK.
4.2 You may place an order either by opening an account on the Website. In order to place an order, you must be the holder, and provide details, of a valid debit/credit card (please see clause 10 "Opening Your Account" below).
4.3 You may place an order for a Product via our on-line order process on the Website. The Website contains instructions on how to complete the order process and check and amend any errors before submitting your order to us. At the end of the order process you will be asked to provide payment through the on-line payment facility. Your order will be submitted to us when you click on the "Submit" button at the end of the order process. Your order represents an offer to us to purchase a Product.
4.4 After you place your order, you will receive an email from us acknowledging receipt of your order. Please note that this does not mean your order has been accepted.
4.5 By placing an order, you authorise us to immediately charge your payment card for the purchase price and we are entitled to rely on your placing of an order as an instruction to us to take your payment.
4.6 We reserve the right to reject any order for any reasons at any time prior to our confirmation of the acceptance of your order. If we accept your order, we will confirm our acceptance by sending you an email to the email address you have provided to us. Once we send you this confirmation email, a legally binding contract will form between you and us.
4.7 All Products shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and will not process your order.
4.8 By submitting an order, you warrant that you are legally capable of entering into a contract when you place your order.
4.9 If you breach these Terms prior to our dispatch of the Product, including following our acceptance of your order, we will not deliver the Product to you. We reserve the right to charge you for the Product, but may, at our sole discretion, refund all or a portion of the payment made by you for the Product in question.

5. Prices

5.1 All prices stated are in pounds sterling and do no include VAT. Delivery charges will be indicated to you at the time of ordering and will be added to the purchase price before you confirm your order.
5.2 The price of a Product is as published on the Website at the date we accept your order. Prices are subject to change without notice at any time, but changes will not affect any order that we have previously accepted.
5.3 It is possible that, despite our reasonable efforts, a Product on our Website may be incorrectly priced. If we discover an error in the price of a Product that you have ordered we will inform you of this error and give you the option to continue with your order at the correct price or to cancel your order. If you do not respond to us within 7 days, we will treat the order as cancelled and notify you in writing.

6. How To Pay

6.1 You may pay for the Product with a debit or credit card, or any other payment method that we indicate to you that we will accept from time to time, using the on-line payment facility. The payment facility is operated by a third party provider. Your use of the payment facility will be subject to the terms and conditions of the third party provider. You should ensure that you have read and agree with those terms and conditions before using the payment facility.
6.2 We will request authority for payment from your card at the time you place your order. If we fail to receive authority for your payment, or if we reasonably believe that payment will be refused, we reserve the right to reject your order.
6.3 In the event of a failed payment for whatever reason, you agree to compensate us in full against all reasonable costs, expenses and outgoings we incur in attempting to obtain payment made by you.
6.4 Please note that we do not issue VAT receipts for Products ordered from the Website.

7. Delivery & Postage

7.1 Delivery of a Product will only be made to a UK (including Northern Ireland) postal address.
7.2 Unless you request otherwise, all Products that you order will be dispatched via the unrecorded Royal Mail First Class service at the cost indicated to you on the Website prior to you confirming your order.
7.3 We will indicate our estimated dispatch timings on the Website. Please note that the dispatch timings indicated on the Website are estimates only; they are not guaranteed times and should not be relied on as such. We will send you an email confirming when your Product has been dispatched. We do not guarantee that delivery will be on the given date and you should not rely on it as such.
7.4 We accept no responsibility for any delay in delivery, including but not limited to delay caused by a Force Majeure event (see clause 14 below). However, if you have not received your Product within 10 working days of the delivery date given to you in our acceptance email, please notify us and we will resend your order to you at no additional cost. We may, at our reasonable discretion, require proof of non-delivery, such proof to be obtained at your cost.
7.5 The Products will be your responsibility once they have been delivered to the address indicated in your order.
7.6 You will own the Products once we have received payment from you in full.

8. Your Cancellation Rights

8.1 You have a legal right to cancel your order during the period set out below in clause 8.2. This means that during this period if you change your mind or for any other reason you decide you do not want to keep the Product, you can notify us that you wish to cancel the contract with us and receive a refund (see clause 8.3 below). Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2 Your legal right to cancel the contract starts on the date you receive the email from us confirming that we have accepted your order, which is when the contract between us is formed. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day you acquire physical possession of the goods.
8.3 To cancel the contract, you need to notify us in writing. You can do this by email, by sending us a letter by post (address details in clause 2.3 above) or by electronically filling out and submitting our cancellation form. If you choose to fill out and submit our online cancellation form, we will send you an email acknowledging receipt of such cancellation without delay. To meet the cancellation deadline, you must send your notification concerning your exercise of the right to cancel before the cancellation period has expired. Please keep a copy of your cancellation notification for your own records.
8.4 If you cancel the contract, you will receive a full refund of the price you paid for the Products and any applicable delivery charges to the credit or debit card that you used to pay. If the Products have already been delivered to you, you must return them to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. You will have to bear the direct cost of returning the Products. We will process the refund without undue delay and in any event not later than (a) 14 days after the day we receive back from you any Products supplied; or (b) if there were no Products supplied, 14 days after the day on which we receive your cancellation notification. We may withhold the refund until we have received the Products back or you have supplied evidence of having returned the Products to us (whichever is the earliest).

9. Complaints & Returning Faulty Products

9.1 Please contact us via email or the address provided in these Terms if you have any complaints about the Product. We aim to resolve any complaints as far as possible within 14 days.
9.2 In the event that the Product delivered to you is damaged or defective, please contact us as soon as possible using the contact details contained in clause 2.3 above. We will provide you with an address to return the Product with its original packaging back to us free of charge.
9.3 Upon our receipt of the returned Product, we reserve the right to inspect the Product to determine whether, in our sole opinion, it is defective or not.
9.4 If we agree that the Product is defective, we will offer you a full refund of the price of the Product (including any additional delivery charges paid). Alternatively, you may, where possible, choose to have the Product repaired and resent to your nominated delivery address free of charge. Given the nature of the Products, it may not always be possible to repair the Product. In this situation we will provide a full refund or a replacement Product to you.
9.5 Once we confirm that you are entitled to a refund, we will aim to process your refund as soon as possible and, at the latest within 14 days of confirming that you are entitled to a refund. You will receive your refund to the credit or debit card that you used to pay.

10. Opening Your Account

10.1 You may place an order to purchase the Product either by opening an account on the Website or as a guest. In order to apply to create an account, please follow the instructions on the Website. It will be at our sole discretion as to whether we accept your application to create an account.
10.2 You must be aged 18 years or over with a UK registered postal address to create an account on the Website.
10.3 Only one account may be opened per individual user.
10.4 You will be asked to provide information including your name, email address and postal address when creating your account. Your email address will be used to identify you when you use the Website. We reserve the right to terminate your account in the event that you provide an invalid email address. Your order will be sent to the postal address you provide. We accept no responsibility for orders that are not received as a result of an incomplete or incorrect address being provided. You warrant that such information is true, accurate and complete and that you will notify us immediately if any part of this information changes.
10.5 You will also need to provide a password in order to access your account. You are entirely responsible for maintaining the confidentiality of your password and you will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure. We encourage you to use a "strong" password (including a combination of numbers and letters). You agree to notify us immediately in the event of any unauthorised use, or suspected unauthorised use of your password or account.

11. Cancelling Your Account

11.1 We may temporarily suspend or cancel your account at any time and for any reason without notice.
11.2 You may cancel your account at any time and for any reason by contacting us by email or by post at the address set out in clause 2.3 above. It will be your responsibility to provide any required proof that you are the account holder.

12. Data Protection

12.1 Any personal data that you provide to us through our Website will only be used in accordance with these Terms and our Privacy Policy. Please ensure that you have read our Privacy Policy before proceeding.
12.2 By providing your personal data to us you are consenting to its use in accordance with these Terms and our Privacy Policy.

13. Liability

13.1 You understand and you agree that we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable to you in contract, tort (including negligence) or otherwise for: (i) loss of profits or goodwill; (ii) loss of data; (iii) intangible losses; or (iv) any indirect, incidental, special and consequential damages, arising out of or in connection with these Terms, your use of or inability to use the Website or your account, or your sale or purchase of any Product via the Website, even if you have advised us of the possibility of such losses.
13.2 To the extent permitted by applicable law, and save as expressly set out in these Terms, all warranties and conditions relating to our Products made available on this Website, whether express or implied by statute or otherwise are excluded.
13.3 Nothing in these Terms limits or excludes our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

14. Force Majeure

14.1 We will not be liable in any way for loss, damage or expense that you incur arising directly or indirectly from any failure or delay in performing any of our obligations under these Terms caused by any circumstances beyond our control, which include but are not limited to vandalism, accident, break down or damage to machinery or equipment, fire, flood, acts of God, strike, lock-out or other industrial disputes (whether or not involving our employees) or shortage of materials or fuel at the market rates existing when the order is accepted, legislative or administrative interference.
14.2 If such circumstances occur that affects our performance of our obligations to you, we will contact you as soon as reasonably possible to notify you and our obligations will be suspended and the time for performance of our obligations will be extended for the duration of those circumstances. Where the delivery of Products to you is affected, we will arrange a new delivery date with you.

15. Miscellaneous

15.1 You may not resell any Product to any third party. If we become aware that you have, or have attempted to, sell the Product to a third party, we may, at our sole discretion, refuse to accept further orders from you and/or cancel your account.
15.2 These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous statements and any previous terms and conditions relating to the supply of the Product.
15.3 If any of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
15.4 If we fail to insist that you perform any of your obligations under these Terms, or if we delay or do not enforce our rights against you, this does not mean that we have waived our rights against you and does not mean that you do not have to perform your obligations.
15.5 We may assign or transfer our rights and obligations under these Terms to any company within our group, without any further consent from you. You may not assign or transfer any rights or obligations you have under these Terms to any other party without our prior written consent.
15.6 These Terms are between you and us. Except in relation to any company within our group, no other person may enforce any of these terms by virtue of the Contract (Rights of Third Parties) Act 1999.
15.7 We will send notices and other communications to you at the e-mail address you have provided to us. You must send all notices and other communications to us using one of the communication methods referred to in clause 2.3. Any notices sent by e-mail or via the Contact Us form will be deemed to have been received 24 hours after the time sent by the sender. Any notices sent by first class post will be deemed to have been received on the next working day. Any notices issued by us that appear on our Website will be deemed to have been received when you next use the Website, unless expressly stated otherwise.
15.8 We may change, modify or revise these Terms at any time. Any changes made to the Terms will apply to all orders placed on or after the date on which the changes to the Terms are uploaded on our Website. It is your responsibility to check that you have read and agree with the latest Terms on the Website.
15.9 These Terms (and the provision of all Products and services by us) are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.10 These Terms do not affect your statutory rights.

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