Terms and Conditions

Terms Of Sale

BACKGROUND

Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods are sold by Us to consumers through this website, https://www.vapepals.com (“Our Site”).

These Terms of Sale explain who We are, how Our Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.

These Terms of Sale were last updated on 4 August 2023.

You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.

The following documents may also apply to your use of Our Site:

  1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means a contract for the purchase and sale of Goods, as explained in Part 10;

“Contact Tools” means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat.

“Goods” means the goods sold by Us through Our Site;

“Order” means your order for Goods;

“Order Confirmation” means Our acceptance and confirmation of your Order;

“Order Number” means the reference number for your Order; and

“We/Us/Our” means Twistedflip Limited trading as VAPEPALS.

1.2 Unless the context otherwise requires, each reference in these Terms of Sale to:

1.2.1 “writing”, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.

  1. Information About Us

2.1 Our Site is operated by Twistedflip Limited. We are a limited company registered in England and Wales under company number 11750032. Our registered address is 71-75 SHELTON STREET, LONDON, GREATER LONDON, WC2H 9JQ

2.2 We only sell products to those aged 18 or over and we use Age Verification Methods to determine a customer’s age. You can read more from https://vapepals.com/age-verification/

3. How to Contact Us

3.1 To contact Us with general questions or complaints by email, please email Us at hello@vapepals.com to contact Us by telephone, please call Us on 020 8133 2434 and to contact Us by post, please write to Us at Unit 71-75 SHELTON STREET, LONDON, GREATER LONDON, WC2H 9JQ.

3.2 To contact Us about the Goods or your Order by email, please email Us at hello@vapepals.com, to contact Us by telephone, please call Us on 020 8133 2334 and to contact Us by post, please write to Us at 71-75 SHELTON STREET, LONDON, GREATER LONDON, WC2H 9JQ.

3.3 To contact Us about cancellations by email, please email Us at hello@vapepals.com, to contact Us by telephone, please call Us on 020 8133 2334 and to contact Us by post, please write to Us at 71-75 SHELTON STREET, LONDON, GREATER LONDON, WC2H 9JQ.

3.4 We provide the following Contact Tools for you to contact Us:

  • Contact Us Form

3.5 Use of Our Contact Tools is subject to Part 3 of Our Terms of Use, available at https://vapepals.com/terms-of-service/

  1. Access to Our Site and Use of Our Site

4.1 Access to Our Site is free of charge and intended for persons aged 18 or over.

4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.

4.3 Use of Our Site is subject to Our Website Terms of Use, available https://www.vapepals.com/terms-of-service/. Please ensure that you have read them carefully, that you understand them, and that you agree to them.

5. Changes to these Terms of Sale

5.1 We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.

5.2 If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

6. Business Customers

These Terms of Sale do not apply to customers purchasing Goods in the course of business. 

7. International Customers

Please note that We do deliver internationally. However, you should consult the customs laws and national laws regarding the importation of electronic cigarette goods and E-Liquids containing nicotine before placing an order.

8. Goods, Descriptions, and Changes

8.1 We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note:

  1. a) Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;
    b) Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary.
    c) Due to the nature of certain Goods, there may be a variance of up to 10% in volume, dimensions and size between the actual Goods and the description.

8.2 Please note that Part 8.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Part 14.

8.3 Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched.
Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues.
Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.

8.4 As explained in the descriptions of certain Goods, more significant changes may also be made to certain Goods from time to time. If We make such changes, We will inform you and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received.

9. Pricing

9.1 We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. All pricing information is reviewed and updated regularly. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 9.2.

9.2 All prices on Our Site exclude VAT.

9.3 All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.
If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.

If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within seven days, We will treat your Order as cancelled and inform you of the cancellation in writing.

9.4 If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.

9.5 Delivery charges are not included in the price of Goods shown on Our Site. For more information on delivery charges, please refer to https://vapepals.com/delivery. Delivery options and related charges will be presented to you as part of the order process.

10. Orders and How Contracts Are Formed

10.1 Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.

10.2 If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.

If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods to you.

If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.

We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.

10.3 No part of Our Site constitutes a contractual offer capable of acceptance.
Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.

Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods.

10.4 Order Confirmations contain the following information:

  1. a) Your Order Number;
    b) Confirmation of the Goods ordered including full details of their main characteristics;
    c) Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery, and other additional charges;
    d) Estimated delivery dates and times.

10.5 We will also include a paper copy of your Order Confirmation with your Goods.

10.6 Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.

10.7 In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.

We may not accept your Order because the Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods, or because We are not able to meet a delivery deadline that you have set.
In addition, we will not accept your order if we suspect that you may be aged under 18.

11. Payment

11.1 Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.

11.2 We will not charge your chosen payment method until We process the Goods.

11.3 We accept the following methods of payment:

  • Major credit and debit cards including Visa and Mastercard.
  • PayPal

11.4 On applicable transactions, reward points are issued and these can be redeemed against future purchases. However, these reward points, once issued must be used within 12 months of issue otherwise they are no longer valid. Should you wish to view your points balance you must login to your customer account.

11.5 If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know. 

12. When You Own the Goods

Ownership of the Goods passes to you once We have received payment in full of all sums due.

13. Delivery

13.1 All Goods purchased through Our Site will normally be delivered within seven working days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.

13.2 We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.

13.3 If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.

13.4 If you (or someone on your behalf) are not available at your address to take delivery of the Goods and they cannot be posted through your letterbox, We will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods.

13.5 If you do not arrange to have the Goods re-delivered or do not collect them, We will contact you to ask for further instructions.
We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.

13.6 In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:

  1. a) We have refused to deliver the Goods;
    b) In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or
    c) You told Us when ordering the Goods that delivery within the specified or agreed time period was essential.

13.7 If you do not wish to cancel under Part 13.7, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.

13.8 You may cancel all or part of your Order under Parts 13.7 or 13.8 provided that separating the Goods in your Order would not significantly reduce their value.
Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.

If any cancelled Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.

13.9 Responsibility for the Goods passes to you once We have delivered the Goods to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Goods from Us.

13.10 As explained in Part 10.2, We will not be responsible for delivering Goods late or for not delivering Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.

14. Faulty, Damaged, or Incorrect Goods

14.1 This Part 14 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.

14.2 The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:

  1. a) Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.
    b) If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement. We will cover any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.
    c) If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
    d) If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
    e) Within a period of six years after you have received the Goods (and ownership of them), if the Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods, you must prove that the defect or non-conformity existed at the time of delivery.

14.3 Please note that you will not be eligible to claim under this Part 14 if:

  1. a) We informed you of the problem(s) with the Goods before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or
    b) You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or
    c) You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods for that purpose; or
    d) The problem(s) is/are the result of normal wear and tear; or
    e) You have changed your mind (please refer to Part 16).

14.4 If there is a problem with the Goods, please contact Us using the details provided above in Part 3.

14.5 If you exercise your legal right to reject the Goods, you must return them to Us.

14.6 To return Goods to Us for any reason under this Part 14, please post them to Us, arrange for their collection, or return them in person. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.

15. Your Rights to Cancel and End the Contract

15.1 If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Please refer to Part 14, above, for more information.

15.2 If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part 16, below, for more information.

15.3 If you wish to end the Contract because of something We have done or are going to do, please refer to Part 17, below, for more information.

16. Cancelling and Ending the Contract if You Change Your Mind

16.1 If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14 calendar day “cooling-off period” begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.

  1. a) If the Goods are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
    b) If the Goods are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.

16.2 If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience, our contact details are provided above in Part 3.

16.3 Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.

16.4 Please note that this right to cancel may not apply in the following circumstances:

  1. a) If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;
    b) If the Goods consist of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them;
    c) If the Goods are likely to deteriorate quickly, for example, flowers or food;
    d) If the Goods have been personalised or custom-made for you;
    e) If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
  2. Cancelling and Ending the Contract Because of Something We Have Done or Will Do

17.1 You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:

  1. a) We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5.1);
    b) We have informed you about an upcoming change to the Goods that you do not agree to (see Part 8.4);
    c) We have informed you about an error in the price or description of the Goods and you do not wish to proceed;
    d) There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control (see Part 13.3);
    e) You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 13.7 or 13.8 apply).

17.2 If you cancel and end the Contract for any of the reasons set out in this Part 17, the Contract will end immediately and you will receive a full refund for any Goods which have not yet been provided. You may also be entitled to compensation.

17.3 If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience, our contact details are provided above in Part 3.

18. Returning Goods After Cancelling and Ending the Contract

18.1 Subject to your right to partially cancel your Order under Part 13.9, if you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to Us or arrange for their collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.

18.2 If you are exercising your right to change your mind under the cooling-off period as set out in Part 16, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.

18.3 We will cover the costs of returning the Goods to Us in the following circumstances:

  1. a) The Goods are faulty or misdescribed;
    b) You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;
    c) You are cancelling and ending the Contract because of upcoming changes to the Goods that you do not agree to;
    d) You are cancelling and ending the Contract because We have made an error in the price or description;
    e) You are cancelling and ending the Contract because there is a risk that delivery of the Goods will be substantially delayed due to events outside of Our Control;
    f) You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong (including where We have not delivered the Goods on time and the circumstances in Part 13.7 or 13.8 apply) OR 
    g) You are exercising your right to change your mind under the cooling-off period.

18.4 In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to Us.

18.5 If you are responsible for the costs of returning the Goods to Us and We are collecting them, the cost charged to you will only be the direct cost to Us of collecting the Goods.

19. Refunds

19.1 All refunds due to you will be made using the same method used by you when paying for the Goods. You will be refunded the price paid for the Goods and for delivery, subject to the following limitations and deductions:

  1. a) If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.
    b) Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges. If, for example, Our cheapest delivery option is Royal Mail 48 but you select DPD Courier Service your refund for delivery charges will only be equivalent to the cost of the cheaper option.

19.2 All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:

  1. a) The day on which We receive the returned Goods;
    b) The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);
    c) If We are collecting the Goods, the day on which you inform Us that you wish to cancel and end the Contract; or
    d) If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.
  2. Our Liability to Consumers

20.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

20.2 We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

20.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

20.4 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Part 14.

21. Complaints and Feedback

21.1 We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

21.2 If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above in Part 3.

22. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy, available from https://vapepals.com/privacy-statement/ .

23. What Happens if We Transfer this Agreement to Another Party

We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

24. Other Important Terms

24.1 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

24.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

24.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

24.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

25. Law and Jurisdiction

25.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

25.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 26.1 takes away from or reduces your legal rights as a consumer.

25.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

25.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

26. Shipping Items to Europe from the United Kingdom

26.1 Agreement to Pay Customs Duties, By placing an order for items to be shipped from the UK to Europe, you acknowledge and agree that you are solely responsible for any and all customs duties, taxes, tariffs, or any other charges imposed by customs authorities or governmental agencies in the destination country (“Customs Duties”). The Seller shall not be held liable for any Customs Duties incurred as a result of your order.

26.2 Customs Declarations, The Seller will accurately declare the contents and value of the items being shipped in accordance with applicable customs regulations. However, the final determination of Customs Duties rests with the customs authorities of the destination country, and the Seller shall not be held responsible for any discrepancies or disputes arising from such declarations.

26.3 Payment of Customs Duties, You agree to promptly pay any Customs Duties imposed on your order upon receipt of notification from the relevant customs authorities or courier service. Failure to pay such Customs Duties may result in delays, penalties, or the return of the shipment to the Seller at your expense.

26.4 Compliance with Customs Regulations, You agree to comply with all applicable customs regulations and import laws of the destination country. The Seller shall not be responsible for any delays, seizures, or other consequences resulting from your failure to comply with such regulations.

26.5 Shipping and Delivery, The Seller will make reasonable efforts to ship your order in a timely manner, but delivery times may vary depending on factors beyond our control, including customs clearance processes. The Seller shall not be liable for any delays in shipping or delivery caused by customs procedures or other unforeseen circumstances.

26.6 Returns and Refunds, In the event that your order is returned to the Seller due to refusal or failure to pay Customs Duties, you may be eligible for a refund of the purchase price, less any shipping and handling fees incurred by the Seller. However, the Seller reserves the right to deduct any additional expenses, including return shipping costs and Customs Duties, from the refund amount.

26.7 Modification of Terms, The Seller reserves the right to modify or amend these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on the Seller’s website or other communication channels. It is your responsibility to review these Terms periodically for updates.

26.8 Governing Law and Jurisdiction, These Terms shall be governed by and construed in accordance with the laws of the UK. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the UK.

By proceeding with your order, you acknowledge that you have read, understood, and agreed to these Terms and Conditions in their entirety. If you do not agree to these Terms, please do not place an order for shipping items to Europe from the UK.

TERMS OF USE

BACKGROUND

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, https://vapepals.com (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site.

If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.

1. Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“User” means a user of Our Site;

“User Content” means any content submitted to Our Site by Users including, but not limited to, product reviews, blog comments; and

“We/Us/Our” means Twistedflip Limited trading as VAPEPALS.

2. Information About Us

2.1 Our Site is operated by Twistedflip Limited. We are a limited company registered in England and Wales under company number 11750032. Our registered address is 71-75 SHELTON STREET, LONDON, GREATER LONDON, WC2H 9JQ.

2.2 Our VAT number is N/A

2.3 We are regulated by the Medicines and Healthcare products Regulatory Agency

2.4 We only sell products to those aged 18 or over and we use Age Verification Methods to determine a customers age. You can read more from https://vapepals.com/age-verification/

3. Access to Our Site and Age Restrictions

3.1 You must be aged 18 or over to use Our Site. If We have any reason to suspect that you are under this age, We reserve the right to suspend or terminate your access to Our Site.

3.2 Access to Our Site is free of charge.

3.3 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.4 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts

4.1 Certain parts of Our Site (including the ability to purchase Paid Content from Us) may require an Account in order to access them.

4.2 You may not create an Account if you are under 18 years of age.

4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at hello@vapepals.com. We will not be liable for any unauthorised use of your Account.

4.5 You must not use anyone else’s Account.

4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 15.

4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

5. Intellectual Property Rights

5.1 With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

5.3 You may:

5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download any Content where We have provided a link enabling you to do so;
5.3.3 Download Our Site (or any part of it) for caching;
5.3.4 Print one copy of any page(s) from Our Site;
5.3.5 Download extracts from pages on Our Site; and
5.3.6 Save pages from Our Site for later and/or offline viewing.

5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5 You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

5.6 Subject to sub-Clauses 5.3  and Clause 6 (governing User Content) you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site unless clearly given express permission to do so. For further information, please contact Us at hello@vapepals.com.

6. User Content

6.1 User Content on Our Site includes (but is not necessarily limited to product review and blog comments.

6.2 An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.

6.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 13.

6.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.

6.6 If you wish to remove User Content from Our Site, the User Content in question will be anonymised by removing your username. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

6.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

7. Links to Our Site

7.1 You may link to Our Site provided that:

7.1.1 you do so in a fair and legal manner;
7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
7.1.3 you do not use any logos or trademarks displayed on Our Site without Our express written permission; and
7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

7.2 You may link to any page of Our Site

7.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at hello@vapepals.com for further information.

7.4 You may not link to Our Site from any other site the main content of which contains material that:

7.4.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.4.2 promotes violence;
7.4.3 promotes or assists in any form of unlawful activity;
7.4.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
7.4.5 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.6 is calculated or is otherwise likely to deceive another person;
7.4.7 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.8 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
7.4.9 implies any form of affiliation with Us where none exists;
7.4.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
7.4.11 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

  1. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Disclaimers and Legal Rights

9.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

9.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

9.4 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

9.5 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

10. Our Liability

10.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

10.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content on Our Site.

10.3 Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

10.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 9.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

10.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

10.6 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Viruses, Malware and Security

11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

11.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

11.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

11.6 By breaching the provisions of sub-Clauses 12.3 to 12.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

12. Acceptable Usage Policy

12.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 13. Specifically:

12.1.1 you must be aged 18 or over to use Our Site;
12.1.2 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
12.1.3 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
12.1.4 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
12.1.5 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

12.2 When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

12.2.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
12.2.2 promotes violence;
12.2.3 promotes or assists in any form of unlawful activity;
12.2.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
12.2.5 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.6 is calculated or is otherwise likely to deceive;
12.2.7 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
12.2.8 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 13.2);
12.2.9 implies any form of affiliation with Us where none exists;
12.2.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or
12.2.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

12.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 13 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:

12.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
12.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy; 
12.3.3 issue you with a written warning;
12.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.3.5 take further legal action against you as appropriate;
12.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
12.3.7 any other actions which We deem reasonably appropriate (and lawful).

12.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

13. Privacy and Cookies
Use of Our Site is also governed by Privacy Policies, available from  https://vapepals.com/privacy-statement/. These policies are incorporated into these Terms of Use by this reference.

14. Data Protection

14.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of UK data protection law.

14.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://vapepals.com/privacy-statement/ 
15. Communications from Us

15.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

15.2 We will never send you marketing communications of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link.

15.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at hello@vapepals.com.

16. Changes to these Terms of Use

16.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

16.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

17. Contacting Us

To contact Us, please email Us at hello@vapepals.com or using any of the methods provided on Our contact page at https://vapepals.com/contact/.

18. Law and Jurisdiction

18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.

18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.