TERMS AND CONDITIONS
It is implied by definition that by visiting our website and/or buying any of our products and/or services that you completely agree with our terms and conditions as set out below. If you disagree with any part of our terms and conditions you should immediately leave our website. If you wish for us to block you from accessing our website please contact us as soon as possible with your IP address.
“We” “Us” “Seller” “Provider” “Mister Smoke” “mistersmoke.co.uk” "Erics Wholesale Ltd” all refer to the parent company Erics Wholesale Ltd. “You” “Client” “Your” “Customer” “User” “Buyer” all refer to our customer and/or users of our website. This includes anyone placing an order or query via the telephone or e-mail.
DATA, INFORMATION AND GENERAL CONDITIONS
You should be fully aware that any data (including but not limited to product descriptions) on this website may not be fully up to date or currently accurate. We do attempt to maintain all information at an up to date reasonable level but you should not use any of the information as matter of fact or as reliable information. Any information or knowledge gathered from our website should not be used in anyway for medical purposes. If you have any doubts about the medical suitability of any of our products please seek advice immediately from a qualified person such as your local GP. Mister Smoke cannot be held responsible at all for any medical issues that may arise from use of our products. Mister Smoke have not carried out any medical research at this stage and therefore are not qualified to recommend a product's medical suitability for an individual person[s] to use. Mister Smoke is the re-seller of some products created outside our control and you take full responsibility for the use of our products regardless of the outcome. This does not impact your statutory rights. Product pictures may vary from the product description.
PRODUCT SAFETY AND USE
Mister Smoke in no way advertise any of our products as a cure to smoking or a cure to addiction of nicotine. The Electronic cigarette delivers nicotine to a person via the e-liquid substance. Nicotine is classed as a poison and is addictive/harmful to your health. If you suffer from any sort of nicotine addiction or dependency you should consult your GP as an electronic cigarette or any of our other products are not cures or aids for your medical issues. As per previously mentioned in our terms and conditions you should consult a health professional before using any of our products. If you fail to do this you cannot hold Mister Smoke responsible in any way for the outcome of using our products. All product use and consumption is done at the customers own risk as per the liability section of the terms and conditions.
BATTERIES AND CHARGERS
Please note: While charging any battery purchased from us we strongly advise using our USB wall plug. DO NOT under any circumstances use our USB charger on batteries from different manufacturers. DO NOT under any circumstances use any other manufacturers USB charger to charge one of our batteries. DO NOT under any circumstances use any other USB wall charger other than one purchased from Mister Smoke to charge one of our batteries.
We provide several links to outside third party organisations from vendors to community forums and manufacturers. Please note that these links are completely out of our control and therefore any risk associated with those sites is not our responsibility. We suggest your computer carries full virus and firewall software. You should refer to the terms and conditions of said websites to gather more information on their policies which we have no control over. If you feel a website we link to is hosting or serving illegal/virus material please inform us and we will review linking to said third party.
LIMITATION OF LIABILITY AND INDEMNITY
Mister Smoke accepts no liability and will not be responsible for any loss, claims, damage, injuries, expense or suffering incurred as a result of any product or services provided by Mister Smoke. Any compensation or refunds shall be at the discretion of Mister Smoke and shall not exceed the value of the product provided. This disclaimer also applies to use of information supplied on our website and any information held in our back office systems.
The customer agrees that it shall defend, indemnify, save and hold Mister Smoke harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fee's asserted against Mister Smoke, it's agents, third parties, manufacturers, customers, directors and employees, that may arise or result from any product or service provided or performed or agreed to be performed or any product sold by customers, its agents, employees or assignees. The customer agrees to defend, indemnify and hold harmless Mister Smoke against liabilities arising out of [but not limited to; any injury or medical condition to person or persons/property caused by any products/services sold or otherwise distributed in connection with/directly by Mister Smoke, any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
Due to trademark and copyright restrictions any information on our website (including but not limited to product descriptions, photos and private videos) may not be re-used without our express written permission. This excludes any videos linked to on sharing sites such as Youtube. The complete website including but not limited to: website coding, pages, etc. are all protected by copyright and trademarks relatively. You agree that you will not re-transmit or share any items downloaded/obtained from our website without our express written permission. The Mister Smoke logo is trademark of Erics Wholesale Ltd in England and Wales and/or other countries. All rights reserved. All other trademarks are the property of their respective owners. Mister Smoke (tm) is an Erics Wholesale brand.
In order to purchase any of our products/services you must be aged 18 or over. Mister Smoke reserve the right to request proof of age from any of our customers at any stage of an order. If we suspect you are not of the correct age we reserve the right to cancel your order with a full refund minus any administrative costs incurred preparing your order. Please note if you are under 18 years old you are breaking our terms of service and legal terms in placing an order.
By agreeing to these terms and conditions you are acknowledging and agreeing to the items and information provided on our “Delivery Information” sub-page. This Delivery page contains all the information you will need to know regarding the delivery services we offer. Please note that we can take no liability for any items lost or damaged in the post unless you have chosen a protected service such as Recorded or Special delivery via royal mail/courier. We also take no responsibility for the safety and safe arrival of any items/returns sent by you to ourselves. You will be responsible for obtaining proof of postage and making any claims against your postal provider. If you have any further queries please call or email us. The customer is always responsible for any customs or import charges when ordering from outside the UK. If an item is returned to us by your local customs we will provide a refund minus any costs incurred by ourselves. If an item is seized by your local customs this will be your responsibility to take up with them.
Warranties on items such as atomisers and clearomizers are “dead on arrival”. Due to the nature of these items and the semi-disposable association we cannot offer a long warranty on these items. You must inform us within 3 working days if you have received a dead on arrival item so we can provide a replacement. Please note if a refund is required the product must be returned in an unused state and any sealed items must not have the seal broken. We offer a 28 day replacement warranty on other items such as [but not limited to]: batteries, cases, chargers, etc. Please contact us via email only if you wish to submit a return request. Please provide as much information as possible so that we can deal with your query as quickly as possible. Refunds not covered above are covered by your standard statutory rights as a consumer of goods. In accordance with The Distance Selling Regulations 2000 you have the right to return any unwanted goods within 7 days of receiving them if you decide you no longer want them, they must be returned unused and unopened due to hygiene issues relating to some products and you are responsible for paying the return postage on such items. Any refund will be processed within 30 days.
** Please note we process returns once per week when received/approved. Please be patient as we endeavour to deal with all returned goods within 7 days.
We reserve the right to change the terms and conditions at any time. It is your responsibility to visit our terms and conditions page on a regular basis as a customer in order to agree with them. You are also required to agree with our terms and conditions on checkout and this will form a formal legal contract with us. Our terms and conditions will be reviewed on a regular basis in accordance with local laws. If you feel these terms and conditions to be in any way unfair or bias you should NOT agree to them when making a purchase or using our website.
As a company selling goods and/or services we reserve the right to cancel an order or ban a customer at any point in time without reason. This is our right as a seller and should be honoured by our customers. From time to time we may make pricing errors on our website. Please note that we have no obligation to honour these prices in the same way a high-street store would have to. This applies regardless of your order and/or payment status. If payment has been taken and we decide not to honour the order a full refund will be provided.