Terms & Conditions
These Terms and Conditions consist of the following sections: 1. Introduction; 2. The Purchase Terms; 3. Use of the Website and 4. Miscellaneous, as well as policy, set of terms or document to which a link has been provided herein (collectively “Terms & Conditions”).
www.royalflushvape.co.uk (the “Website”) is operated by RF Vapes Limited (trading as ROYAL FLUSH VAPE). Our address is 37 Hough Lane, Leyland, Preston, PR25 2SB. You can contact us by post at the above address, by email at firstname.lastname@example.org or by telephone on +44 (0) 1772 422 330. If you place an order through this Website, upon confirmation that such order is accepted a contract of sale will be executed between you and RF Vapes Limited, which will be governed by these Terms and Conditions and specifically by the Purchase Terms mentioned below. (hereinafter together referred to as “royal flush vape/we/us”).
2. PURCHASE TERMS
Please read these Purchase Terms carefully before ordering Products online from the Website.
2.1 WHEN DO THESE PURCHASE TERMS APPLY?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website, (ii) order anything at any web page directly connected to the Website or (iii) when you accept an offer from us. It is only possible to deviate from these Purchase Terms if agreed in writing by us.
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
All Products shown on the Website are subject to availability. This means that, although we strive to ensure our Website reflects the availability of stock, a Product shown on the Website may no longer be available for purchase.
2.3 REQUIREMENTS TO CONCLUDE A CONTRACT WITH ROYAL FLUSH VAPE
You have to be 18 years of age or older to buy Products via the Website. By placing your order for our products, you are confirming that you are over the age of 18 years old. We may carry out random verification to check your age, for example by asking for identification, and in the event that we determine that you are not legally permitted to order the products, or you refuse to provide such verification, we shall be entitled to end the contract without notice. We may also use an age verified delivery service in which a challenge 25 policy is in effect.
You can only order on the Website if you are a consumer, not a reseller.
You guarantee that the information you provide to us in the request or order is accurate and complete.
2.4 HOW IS A CONTRACT CONCLUDED WITH YOU?
2.4.1 General Aspects of Contract Formation
The following applies to all types of products. All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.
We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
- If Product(s) are shown on the Website but are not or no longer available;
- If we are unable to obtain authorisation of your payment;
- If we are unable to verify that you are over 18 years of age;
- If shipping restrictions apply to a Product;
- If Product(s) shown on the Website contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described.
- In the event that we do not accept (part of) your order we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale, for the reasons stipulated in this section 2.4.1. under headings a through d above. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
2.4.2 Special Aspects of Contract Formation for Standard Products
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Standard Products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale of the Standard Products between you and us will not take place unless and until either:
you receive a confirmation from us that the Standard Products have been shipped to you from our warehouse; or
you receive a confirmation from the carrier that the Standard Products are ready for you to pick up if you have chosen to pick up the Standard Product(s) at a carrier office or the carrier has stored the Standard Products at the pickup location; or
you receive a confirmation from us that the Standard Products are ready for you to pick them up at the selected Royal Flush Vape store, in the event you have chosen to collect the Standard Products you ordered and paid for on the Website at a Royal Flush Vape store (Click & Collect).
2.5 RETENTION OF TITLE
All Products will remain the property of Royal Flush Vape until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.6 ORDER CANCELLATION
Notwithstanding your right of withdrawal, it is possible, under limited circumstances, to cancel your order for Standard Products. Please contact us for more information.
The stated prices include VAT. Prices are quoted in British Pound Sterling (GBP). Royal Flush Vape reserves the right to make price changes prior to an order placed by you.
We reserve the right to change, limit or terminate any special offers or discounts at any time.
We may charge delivery costs. The delivery costs vary for each Product and type of delivery. For further details, please see section 2.10 or go to the Delivery Information section of the Website. Any delivery costs will be charged separately, itemised and added to the total amount of the order.
2.8 METHODS OF PAYMENT
Please check the Website for information on available payment methods.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
We will deliver to the address indicated by you within the UK mainland. We can only deliver to a home or office address or a carrier pickup location or if you have chosen to collect the Products from an Royal Flush Vape store, to the address of the relevant Royal Flush Vape store. We will confirm this to you by an email when informing you that the Products are ready for you to pick up. If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for the delivery may also deliver the Products to a neighbouring/nearby address or pick-up point, after which Royal Flush Vape is deemed to have met its obligation to deliver the Products. The carrier will notify you of the delivery to the neighbouring/nearby address or pick-up point.
Shipment of orders will take place on business days, not being a public holiday in the area in which our warehouse is located. Deliveries will be made on business days, not being a public holiday in your country. Note that public holidays may vary per country and per year.
For detailed information about delivery periods, please check the specifications for the different types of delivery on the Delivery Information section of our Website. Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. Notwithstanding this, in case of the unlikely event of delay in an Express delivery, we may, at our discretion, refund to you the full cost of Express delivery.
Royal Flush Vape is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that we deliver in parts, we may charge you for extra delivery costs. Each split order shall constitute a separate contract of sale. If we are late delivering a part or one split order is faulty, that will not entitle you to cancel any other part of split order.
In the unlikely event that after entering into the contract of sale, we cannot, could not or can no longer deliver (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale. We will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
2.11 Returns and Withdrawal Policy
For practical information and the instructions for returning Standard Products please see the Returns Policy section of the Website.
In the event that you have a right to withdraw from a contract of sale with us (and thus return your Standard Product(s)) in accordance with Sections 2.14 or 2.15, the following conditions apply.
Notification of Withdrawal and Return of Products
To exercise your right of withdrawal you must inform us (RF Vapes Limited (trading as ROYAL FLUSH VAPE) 37 Hough Lane, Leyland, Preston, PR25 2SB) submitting a clear declaration (e.g. a letter sent by post, a fax or an email) stating your decision to withdraw from the contract of sale.
To meet the withdrawal period deadlines specified in Sections 2.12 and 2.13 you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the relevant withdrawal period.
The Standard Product must be returned to:
Royal Flush Vape
37 Hough Lane
Returns shall be at your own risk and at your expense.
We shall notify you via email once we have received and processed the returned Product(s).
2.12 Statutory Right of Withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period shall be fourteen (14) days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the Products, or, where your order contained multiple Products which will be delivered separately, delivery of the final Product(s) making up your order (“Withdrawal Period”).
To meet the withdrawal period deadline you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the withdrawal period.
You must send back or submit the Products immediately after, but in any event no later than fourteen (14) days from the date on which you inform us about the withdrawal from the contract of sale, in accordance with the Returns and Withdrawal Policy in section 2.11 and in suitable packaging. This deadline shall be deemed met if you send the Products before this deadline expires.
If you withdraw from a contract of sale during the Withdrawal Period in accordance with our Returns Policy (Section 2.11) and this Section 2.12, we shall reimburse all payments we received from you, excluding delivery charges.
For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances. We may withhold reimbursement until we have received the returned Products, or until you have submitted proof that you have returned the Products, whichever comes earlier.
You only have to pay for any diminished value of Products if this diminished value is due to improper handling on your behalf while ascertaining the nature, characteristics and functioning of the Products.
Exceptions to your right of withdrawal
You do not have a right of withdrawal, pursuant to Section 2.12, for contracts regarding the:
delivery of products that are made to your own specifications or which are clearly tailored to your personal needs (Customised Products); and/or
delivery of Products which are not suitable to be returned for health or hygiene reasons and where a seal was removed after delivery.
2.13 EXCHANGE POLICY
It may be possible to exchange your Product (“Original Product”) for another Product (“New Product”) under certain conditions fully at our discretion. Exchange is always subject to stock availability. The Original Product must be returned in accordance with our return policy set out in section 2.11. If you do not return the Original Product in accordance with our return policy, we may not refund you (fully) or charge you for the New Product. The price of the New Product will be equal to the price of the Original Product, even if the price and/or applicable taxes have changed. The order of your New Product is subject to the same terms regarding returns (see section 2.11) and contract formation as the order of your Original Product, understanding that the order of the New Product will – mutatis mutandis – be treated as an order made on our Website.
2.18 DAMAGED OR DEFECTIVE PRODUCTS
For Royal Flush Vape, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. Royal Flush Vape has a legal obligation to make sure that our Products are conform to the contract of sale.
Returned Products are inspected by the Royal Flush Vape Quality Assurance Team and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.
If the problem was caused by reasons other than materials quality or assembly process, the original Product is returned to you. We do not refund Products:
- obtained from a source other than the Website;
- that have been damaged by abuse or negligence; and/or
- that have been damaged by misuse or activities other than the intended purpose.
- Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.
Our Customer Service team is available to assist you. Please don’t hesitate to contact us with your questions and comments.
3. USE OF THE WEBSITE
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any Royal Flush Vape content on social media websites, including without limit Facebook, Instagram and Twitter (together: the “Website”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.
3.1 CONTENT ON THE WEBSITE
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Royal Flush Vape, its affiliated companies, its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Royal Flush Vape, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of Royal Flush Vape, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
3.2 COPYRIGHT AND TRADEMARKS
The copyright in all Content is and remains owned by Royal Flush Vape, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorised to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Royal Flush Vape. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Royal Flush Vape. Royal Flush Vape does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Royal Flush Vape retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on products of Royal Flush Vape, product packaging and/or on the Website, whether registered or not (the “Trade Marks”) remain the exclusive property of Royal Flush Vape, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Royal Flush Vape’s prior written consent. The use of any of the Trade Marks on any other Website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet websites, is prohibited without the express written consent of Royal Flush Vape.
3.3 DISCLAIMER OF WARRANTIES
The Website and the Content are free of charge and provided ‘as is’ and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice.
Royal Flush Vape does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, Royal Flush Vape will not provide for specific IT infrastructure or connectivity. Thus Royal Flush Vape cannot represent or warrant the Website will be uninterrupted or error free. Royal Flush Vape does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.4 LIMITATION OF LIABILITY
Your use of the Website is at your own risk. Neither Royal Flush Vape, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if Royal Flush Vape has been advised of the possibility of any such damages.
3.5 LINKS TO THIRD PARTIES
3.6 MISUSE OF THE WEBSITE
You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Royal Flush Vape may deny you access to the Website at any time in its sole discretion, and which shall include situations where Royal Flush Vape believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.
You are also prohibited from using the Website to advertise or perform any commercial solicitation.
You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Website or its content or circumvent the structure or presentation of the Website or any of its content or (b) to interfere with the operation of the Website or any transaction being made on the Website or interfere or affect any person’s use of the Website or to help facilitate any third party to purchase any product on the Website.
You may not attempt to gain unauthorised access to any part or feature of the Website or any system connected to the Website by hacking, password mining or other illegitimate or unauthorised means.
3.7 USER GENERATED CONTENT
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, Royal Flush Vape shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Royal Flush Vape only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Royal Flush Vape shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Royal Flush Vape be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Royal Flush Vape. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Royal Flush Vape and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Royal Flush Vape or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.
Royal Flush Vape reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which Royal Flush Vape believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Royal Flush Vape.
You agree to promptly notify Royal Flush Vape in writing of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to Royal Flush Vape sufficient information to enable Royal Flush Vape to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. Royal Flush Vape agrees to make good faith efforts to investigate such complaint and shall take such action as Royal Flush Vape in its sole discretion decides. However, Royal Flush Vape does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
4.1 PROMOTIONS AND DISCOUNTS
Discounts and Offers. All products that are discounted are subject to availability and we have the right to withdraw or amend offers and discounts at the promoter’s discretion. Percentage discounts are rounded to the nearest decimal place for design purposes, the unrounded values will be applied to your order upon check-out.
4.2 BUNDLE DEAL OFFERS AND REWARDS
Bundle Deal Offers. From the purchase of the bundle deal, you have 90 days to return your faulty device. Faulty devices can only be exchanged, no refunds will be given as it is a free item. If your device becomes faulty after 90 days you would need to contact the manufacturer. Rewards claimed using our loyalty scheme are redeemable on your next purchase in store, rewards cannot be redeemed if no purchase is made. For Reward items, no refunds will be given as it is a free item.
4.3 SOCIAL MEDIA COMPETITIONS
Social Media Competition(s). All entrants must be 18+ and have followed the competition requirements, including liking or following the page. Winners will be picked at random. Colour variants for products are subject to availability. If the winner does not respond within 24 hours they are no longer eligible for the prize and a new winner will be chosen at random. All competition winners must have a Royal Flush Vape account set up on the website to receive their prize. All competitions can be amended or withdrawn at the discretion of the promoter.
4.4 AMENDMENTS TO THE ROYAL FLUSH VAPE TERMS AND CONDITIONS
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this Website as well as any purchase agreement executed between you and us, will be subject to the version of the Royal Flush Vape Terms and Conditions in force at the time you place the order through this Website or the day you browse this Website (as applicable).
4.5 DATA PROTECTION
By placing a purchase order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement.
Each provision of the Royal Flush Vape Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Royal Flush Vape Terms and Conditions.
4.7 SUB-CONTRACTING AND ASSIGNMENT
Royal Flush Vape reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under Royal Flush Vape terms and conditions provided that your rights under Royal Flush Vape terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the Royal Flush Vape terms and conditions without our consent in writing.
4.8 Events beyond reasonable control
Royal Flush Vape will be not held responsible for any delay or failure to perform or comply with our obligations under the Royal Flush Vape terms and conditions when the delay or failure arises from any cause which is beyond Royal Flush Vape’s reasonable control.
4.9 APPLICABLE LAW AND JURISDICTION
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
4.10 INFORMATION REGARDING BATTERIES
Some of the Products sold by Royal Flush Vape contain batteries and rechargeable batteries that contain hazardous substances are clearly identified bearing the symbol of a crossed-out dustbin. The chemical designations of the corresponding hazardous substances may be indicated under the symbol of the crossed-out dustbin. Examples include (Pb) lead, (Cd) cadmium and (Hg) mercury.
Old batteries and rechargeable batteries must not be disposed of with normal household waste. These can be handed over free of charge to a community point of collection or a shop. You may also return purchased batteries and rechargeable batteries (without devices) to our offices in person. Please do not send in any batteries by post.
4.11 INFORMATION REGARDING NICOTINE CONTAINING PRODUCTS
Some of the Products sold by Royal Flush Vape contain Nicotine which is a highly addictive substance. Not for sale to anyone under the age of 18. Danger: Contains Nicotine (EC 828-493-5). Toxic in contact with skin. Toxic if swallowed. Wash hands thoroughly after handling. If swallowed: Call a poison centre or doctor/physician if you feel unwell. If on skin: Wash with plenty of soapy water. If in eyes: Wash out with plenty of clean water. Keep out of reach of children. Dispose of contents/container in accordance with regional regulations.