FRESH MIST TERMS AND CONDITIONS OF WEBSITE USE AND SALE OF GOODS
By accessing and using the FRESHMIST.CO.UK website you accept these terms and conditions in full. Upon placing an order, you signify that you have read these terms and conditions and agree to be bound by them and comply with them in full. If for any reason you do not agree to be bound by these terms and conditions you must not use our website and can contact us for more information. FRESHMIST.CO.UK reserves the right to amend these terms and conditions at any time without prior notification to customers.
The website FRESHMIST.CO.UK and associated market identifiers are owned and operated fully by VapourLectric Ltd.
You represent that you are an adult of the age of 18 years or older and are agreeing to and accepting these terms and conditions. Otherwise, you are prohibited from accessing and using this website and any of its functions, products or services. Any person under the age of 18 years old may not purchase FRESHMIST.CO.UK products.
(4) LICENSE TO USE WEBSITE
Unless it is otherwise noted or stated, we and/or our licensors: (i) own and operate the Website: and (ii) the intellectual property rights in the Website and all the material contained on the Website. All rights are reserved.
Pages from the Website can be viewed and printed for personal use only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not:
- re-publish the content or material from this Website in any form;
- sell, rent or sub-license material from this Website;
- copy, duplicate, reproduce or exploit material from our Website for any commercial purposes;
- edit or modify any material from this Website; or
- re-distribute any material from this Website.
Our status (and that of any identified contributors) as the authors of content and materials on our Website must always be acknowledged.
(5) ACCEPTABLE USE
When using and accessing our Website you may not cause damage, or deny or prohibit accessibility to the Website in any way that is unlawful, illegal. Any instance of fraudulent or harmful behaviour is strictly prohibited. Using and accessing our Website in order to copy, store, host, transmit, send, use, publish or distribute material that could be considered damaging to computer software is prohibited in all forms. You may not conduct or perform any systematic or automated data collections in relation to our Website. Unsolicited transmission of commercial communications by you is prohibited.
(6) YOUR FRESHMIST.CO.UK ACCOUNT
It is your sole responsibility to ensure that your User ID and password for your FRESHMIST.CO.UK account are kept confidential. You must not disclose these details to any third parties. You agree to and are bound by these terms and conditions which cover any activity that is performed under your FRESHMIST.CO.UK account.
If we suspect or have any evidence of misuse of your account, it is within FRESHMIST.CO.UK’s discretion to reserve the right to refuse to service your account. Also, we may terminate your account, use of our Website and cancel your order(s) at any time without notice or explanation. In the event of an order cancellation initiated by FRESHMIST.CO.UK, any sums already paid by you will be promptly refunded to the payment card used to place said order.
(7) USER GENERATED CONTENT
Should you submit any written material, images, videos, communications or any other content to our Website (“Content”) for any purpose you shall do so in accordance with our terms of acceptable use (as set out above) and as otherwise set out in these terms and conditions. You warrant that any such Content complies with those standards. You will indemnify us and will otherwise be responsible for any loss or damage we suffer as a result of your breach of warranty.
By uploading Content to our Website, you are granting us a worldwide, non-exclusive, royalty-free license to use, reproduce, translate, distribute and publish said material for existing or future commercial purposes. You also grant us the right to sub-license this Content. Examples of the kind of Content that will be covered by this licence include (but are not limited to) customer testimonials, reviews and photographs. Please be advised that this licence is not applicable to any personal information you submit, such as your home address, email address or payment details.
The Content you submit to our Website, excluding the aforementioned personal information, will be considered by us to be non-confidential and non-proprietary, unless previously stated and we may pass or share such Content to third parties. You must not submit any illegal or unlawful Content. You warrant that any Content submitted, posted or uploaded by you does not infringe any third party intellectual property rights.
We will not be responsible, or liable to any third party, for the content or accuracy of any Content submitted, posted or uploaded by you or any other user of our Website.
We have the right to remove any Content from our Website if, in our sole opinion, the Content does not comply with our acceptable use terms or any other terms set out in these terms and conditions.
(8) OUR CONTRACT WITH YOU
When you submit an order to us, this does not mean we have accepted your order for the Product. Our acceptance of the order will take place as described below. If we are unable to supply you with the Goods, we will inform you of this and we will not process your order.
The terms and conditions for sale of our Products will become binding on you and us when you are issued with a dispatch confirmation email (from one of our third party service providers) (“the Dispatch Confirmation”) which is your confirmation that we are able to provide you with the Products, at which point a contract will come into existence between you and us.
We shall assign an order number to your order and inform you of it when we confirm the order. Please quote the order number in all subsequent correspondence with us relating to the order.
(9) RETURNING FOR REFUND
All items sold on the FRESHMIST.CO.UK website (including Kits) (“the Products”) are subject to a seven working day cooling off period.
You have a legal right to cancel an order during the seven working day period set out below. This means that, during the relevant period, if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the order and you are entitled to a full refund of the purchase price of any unopened and unused Products purchased within this time period. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described below.
This seven working day period begins from the date of the Dispatch Confirmation, or if the Products have already been delivered to you, starting from the day after the day you receive* the Products. We define “working days” as Monday to Friday, excluding Saturday and Sunday.
To be eligible for a refund you MUST report your request to us by email or phone within the seven working day period. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
Upon submitting an eligible request to return items, our Customer Services Team will provide you with instructions on how to proceed.
Subject to section (10) below, if you have returned the Products to us because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges. We shall provide you with a free-post returns label. With the exception of faulty or mis-described goods, requests for a refund made after the seven day cooling off period (for the purchase price and delivery costs of any Products) will be denied, unless the item is a Kit and the request is made under the “30 Day Promise” (the terms of which can be found below in section (10)).
*For tracked items, this will be the day that the tracking states “delivered” on the relevant postal carrier’s website.
(10) ONE YEAR (12 MONTHS) AND 30 DAY LIMITED WARRANTIES & RETURNING FOR REPLACEMENT
In the event of demonstrable defects in the workmanship or materials, FRESHMIST.CO.UK Products are warranted as follows:
- FRESHMIST.CO.UK products including USB stick charger, USB charging cable, UK Mains Adaptor, EU Mains Adaptor and Freedom Charging Case are warranted for a period of twelve calendar months from the date of receipt* and may be repaired or replaced, at our discretion once only.
- FRESHMIST.CO.UK Batteries are consumable items and are warranted for thirty calendar days from the date of receipt* by you. Thereafter extra batteries may be purchased online as needed or desired. Regular replacement of batteries is recommended for best usage of our Products.
- FRESHMIST.CO.UK cartridges are consumable items and not sold under any warranty.
- A warranty is voided if a FRESHMIST.CO.UK Product is used with any product from a different electronic cigarette supplier, or if it has been modified or tampered with. Warranties will also be void if Products have not be used by you within their given usage instructions, and without due care by you.
Should you wish to return an item carrying a warranty (as outlined above) (“Warranty Items”) due to fault or defect, you must contact our Customer Services Team as soon as the fault is found. Failure to do so or continuing use of an item that is known to be faulty will void your right to a replacement.
All exchanges and replacements require a complete Returned Merchandise Authorisation form (“RMA”) unless stated. Returned Warranty Items must be received within fourteen calendar days of the submission of your RMA form. Failure to return Warranty Items within this period will void your right to exchanges and returns in any future instances.
FRESHMIST.CO.UK reserves the right to refuse any exchange request that does not substantially meet our requirements or terms and conditions. To see specific rules regarding our replacement guidelines, please see our Contact Us page.
The warranties set out above are only applicable to products purchased on our Website or from authorised FRESHMIST.CO.UK retailers. Any product purchased at other locations or websites are not covered by any warranty.
* For tracked items, this will be the date that the tracking information shows as “delivered” on the relevant postal carrier’s website.
(11) LIMITATION OF LIABILITY
FRESHMIST.CO.UK does not warrant or guarantee the accuracy or completeness of all or any information published on the Website, We also do not warrant or guarantee that the Website will remain available at all times or that content is kept up to date. To the absolute maximum permitted under applicable law, FRESHMIST.CO.UK excludes all representations, warranties, conditions or other terms (express or implied) that relate to or may apply to the Website and the use of our Website.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions..
(13) BREACHES OF TERMS AND CONDITIONS
If you breach our terms and conditions in any way, we have the right to undergo or take action as deemed appropriate and at any time may deny you access to our Website by necessary means and/or bring court proceedings and legal action against you. Our terms and conditions are for the benefit of you and us but are not intended to benefit third party associations or be enforceable by any third party. FRESHMIST.CO.UK may suspend or terminate this agreement or a member’s account at any time and immediately if we believe there has been fraudulent activity has been used on our Website.
(14) TERMS AND CONDITIONS MODIFICATIONS AND REVISIONS
FRESHMIST.CO.UK has the right to change, modify or revise our Website at any time without prior notification. By using our Website, you agree to be bound by any changes, modifications and revisions. We suggest that you review this page regularly in order to be fully aware of our up-to-date terms and conditions
(15) NO RELIANCE ON INFORMATION
The content on our Website is provided for general information only. It is not intended to amount to advice (including by not limited to, medical advice) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
(17)RESPONSIBILITY FOR YOUR OWN PRODUCT USE
You hereby take full responsibility for the use of your FRESHMIST.CO.UK product. The FRESHMIST.CO.UK cartridges contain nicotine, propylene glycol, water, edible flavouring, and other edible flavouring ingredients. Propylene glycol is a water-based natural compound found in many health products, foods and medicines.
You should consult a doctor before using FRESHMIST.CO.UK. FRESHMIST.CO.UK is not to be used by persons under the age of 18, pregnant or breast-feeding women or persons in ill health. Electronic Cigarettes contain nicotine, which is an addictive drug. If you are unsure of the effects of nicotine, please consult your doctor.
Each cartridge refill contains nicotine, with the exception of FRESHMIST.CO.UK Cartridge refills and disposable models. Nicotine can be toxic if swallowed or if it comes in to contact with skin (in certain doses). The FRESHMIST.CO.UK battery, vapourisor, and e-liquid are small pieces and can be choking hazards. All FRESHMIST.CO.UK products should be kept well out with the reach of children or pets. Subject to our liability provisions outlined above, FRESHMIST.CO.UK is not responsible for any harm, loss, or allergic reaction that maybe be caused by your use of the product.
Any FRESHMIST.CO.UK product purchased from the Website or via an authorised re-seller of FRESHMIST.CO.UK products are for individual use only. FRESHMIST.CO.UK does not authorise re-selling of FRESHMIST.CO.UK products in any other store or website without prior express consent under contract. Individuals who are found to be re-selling SKYCIG products without the aforementioned written consent may have legal proceedings brought against them.
(18) SHIPPING POLICY
IMPORTANT: Safe delivery of your package is your responsibility. We ship all orders placed for UK delivery addresses or international orders over the value of £100 GBP through Royal Mail or DHL with tracking on the delivery: we strongly encourage you to track your delivery with the relevant postal carrier using your tracking information to ensure the Product is en route to you. You should also use this tracking information to investigate any suspected loss of Products during the shipping process.
If the postal carrier cannot deliver the package to you at the address you provided, it is your responsibility to pick up the package at the local post office or depot, or to call/contact them and have it re-routed. Once a package is shown in tracking as being successfully delivered, we cannot process or reship replacements unless you can provide us with written evidence of non-receipt of your Products.
Orders with a value of £0 to £250 that are to be delivered to a United Kingdom delivery address are delivered via Royal Mail Tracked 48. Orders with a value of £250 or more that are being shipped to a United Kingdom address will be delivered via DHL Express. Orders being shipped to an address outside of the United Kingdom with an order value under £100 are delivered via 2nd class Royal Mail (untracked). Orders with a value of £100 or over being shipped to an address outside of the United Kingdom are delivered via DHL Express.
For international orders Royal Mail 2nd class, it can take up to 10 business days (from date of dispatch) to receive your order. Should you not receive your items in this time frame, you have a right to cancel your order or arrange for a replacement.
Cancellations and Address Changes: If you place an order on the Website and decide you want to cancel the order or change the address, you must notify our Customer Services Team immediately, where we will endeavour to resolve the issue. However, due to the nature of our shipping processes cancellations and address changes cannot always be guaranteed.
In the event that it is not possible to alter the address or cancel the order before it has been processed, we will endeavour to recover the order and find a suitable resolution.
All packages shipped outside of the United Kingdom may incur extra duty charges. FRESHMIST.CO.UK is not responsible for any sales taxes, customs duties or other taxes charged by any customs department. To avoid any unexpected charges, please contact the customs organisation in your home country, regarding these policies.
Our delivery charges are set out on our Ordering Information page.
(19) PRICES AND HOW TO PAY
The prices of the Products will be as quoted on our Website from time to time. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. All Products shown on our Website are subject to availability.
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Website from time to time. To check relevant delivery charges, please refer to our Ordering Information page.
You can only pay for Products using a debit card or credit card. We accept the following cards:
- Visa Electron
Payment for the Products and all applicable delivery charges are payable in advance. We will not charge your debit card or credit card until we dispatch your order.
(20) PROMOTIONS, SPECIAL OFFERS & COUPON CODES
All promotions, special offers and coupon codes (hereafter referred to as offers) are subject to the above terms and conditions of the Website. Unless specified otherwise, all offers are subject to the following terms and conditions:
- Offers are valid for one use per customer and may not be used in conjunction with any other offers and promotions.
- Where there are multiple customers/users within one household; offers may be redeemed a maximum of two times per household and must be ordered via the users individual account.
- Offers are subject to availability.
- Offers are valid for 28 days from the date of publishing.
- Customers who become aware of an offer after having placed an order will not be able to redeem the offer retroactively.
- FRESHMIST.CO.UK reserves the right to withdraw offers at any time with no prior warning or notification.
(21) EGIFT CARDS
eGift cards are subject to the following terms:
- They can only be redeemed on the FRESHMIST.CO.UK website.
- They cannot be exchanged for their cash value.
- eGift cards carry a minimum value of £5 and a maximum value of £250.
- If an expiry is specified any attempt to use the e-Gift card thereafter will be unsuccessful.
- eGift Cards may not be used in conjunction with Coupon Codes or any other promotions.
- Crown points can be earned on redemption but not on the purchase of an eGift card.
(22) FRESHMISTUK.CO.UK REWARDS LOYALTY SCHEME
Use and availability of FRESHMIST.CO.UK Rewards page loyalty scheme is limited to and only permitted on the Website. FRESHMIST.CO.UK reserves the right to alter any aspect of the scheme without any prior notification to customers or participants.
You are entitled to earn Crown Points when making a purchase of a FRESHMIST.CO.UK product that has an allocated value of Crown Points on the FRESHMIST.CO.UK Website. You may also earn Crown Points when you refer friends or family to FRESHMIST.CO.UK. Crown Points cannot be exchanged for cash or vouchers of any kind and can only be redeemed as a discount on the total value of a customer’s shopping basket at the creation of an order. Crown Points can only be spent when placing an online order on the Website. Crown Points may not be redeemed against any VAT that is applicable to your order. Crown Points may also not be redeemed against postage & shipping costs.
Crown Points earned are attributed to an individual account, therefore users with multiple accounts may not transfer points between multiple accounts or transfer or gift points to other users. Discounts received when spending Crown Points may not be applied retrospectively.
Crown Points cannot be earned retrospectively for any orders placed prior to the commencement of the FRESHMIST.CO.UK Rewards scheme (on 29.05.13). Crown Points also cannot be earned for friends and family referrals made prior to the date of commencement of the scheme or for such referrals made out with the FRESHMIST.CO.UK Rewards system. Crown Points will only be awarded for valid referrals that follow the instructions found on the FRESHMIST.CO.UK Rewards page and which are carried out in accordance with these terms and conditions.
FRESHMISTUK.CO.UK reserves the right to withdraw FRESHMIST.CO.UK Rewards services at anytime from an individual user or from our Website as a whole, for any reason, and without prior notification to you. FRESHMIST.CO.UK also reserves the right to deduct Crown Points from user accounts in certain circumstances, such as returned Products or cancelled orders or when making administrative adjustments. In instances where a Product is returned, yet the individual’s account does not contain the corresponding number of Crown Points earned when placing said order, (e.g. the Crown Points may have been redeemed by the individual in a separate order), FRESHMIST.CO.UK reserves the right to deduct the corresponding number of the missing points from an individual’s account (including but not limited to, where this would create a negative Crown Point’s balance in that individual’s account).
For the avoidance of doubt, the FRESHMIST.CO.UK loyalty card is a separate loyalty scheme which cannot be used on our Website and is only available from participating retailers (subject to separate terms and conditions which are available from participating retailers).
(23) EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an Event Outside Our Control (as defined below in the following section).
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under these terms and conditions:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under these terms and conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
(24) EVENTS OUTSIDE OUR CONTROL
These terms and conditions are to be displayed in store and given to the customer when receiving the loyalty card.
These terms and conditions (the “Terms”) govern your participation in the FRESHMIST.CO.UK Loyalty Card Scheme (the “Scheme”) and your relationship with Cygnet UK Trading Limited trading as FRESHMIST.CO.UK. Registered in England and Wales, Company No. 08696089. Registered office at 90 Fetter Lane, London EC4A 1EQ. Use of your FRESHMIST.CO.UK Loyalty Card constitutes your acceptance of these Terms. If you wish to do so, please retain a copy of these Terms for your reference.
1. The Scheme is operated on behalf of FRESHMIST.CO.UK by RMUGURU Limited, a company incorporated under the Companies Acts (Registered Number SC409435), having their registered office at 3rd floor, Playfair House, 6 Broughton St Lane, Edinburgh, EH1 3LY.
2. Your FRESHMIST.CO.UK Loyalty Card is issued by and remains the property of FRESHMIST.CO.UK.
3. To partake in the Scheme and take advantage of the FRESHMIST.CO.UK Loyalty Card, you must be aged 18 or over and be a resident of the United Kingdom or Republic of Ireland.
4. You will be entitled to receive a stamp on your FRESHMIST.CO.UK Loyalty Card on every purchase of a FRESHMIST.CO.UK product in participating stores. A list of participating stores can be found in the schedule annexed to these Terms.
5. You must present your FRESHMIST.CO.UK Loyalty Card at the time of purchase in order for a purchase to qualify for a stamp. Stamps cannot be applied to your FRESHMIST.CO.UK Loyalty Card retrospectively after the point of sale of a FRESHMIST.CO.UK product.
6. Your FRESHMIST.CO.UK Loyalty Card is non-transferable and can only be used by you on FRESHMIST.CO.UK purchases. The stamps you receive are personal to you; you cannot pool your stamps with the stamps received on another FRESHMIST.CO.UK Loyalty Card to claim a FRESHMISTUK.CO.UK gift.
7. To claim a FRESHMISTUK.CO.UK gift, you must present your FRESHMIST.CO.UK Loyalty Card with six stamps at a participating FRESHMIST.CO.UK store. The FRESHMIST.CO.UK gift must be claimed at the same time the sixth stamp is marked on the Loyalty Card. Only one FRESHMISTUK.CO.UK gift can be claimed per transaction.
8. The stamps and the FRESHMIST.CO.UK Loyalty Card have no cash redemption value. The stamps and the FRESHMIST.CO.UK Loyalty Card cannot be exchanged, sold or transferred.
9. The stamps are valid for a period of 3 months from the date they are received by you.
10. If you breach these Terms or abuse the Scheme, or if FRESHMIST.CO.UK at its sole discretion reasonably believes that you have done so, your FRESHMIST.CO.UK Loyalty Card will be cancelled and your inclusion in the Scheme will be withdrawn and you will not be entitled to a FRESHMIST.CO.UK gift.
11. FRESHMIST.CO.UK reserves the right to:-
11.1. stop issuing the FRESHMIST.CO.UK Loyalty Cards at any time;
11.2. amend or alter these Terms from time to time; and
11.3. withdraw or cancel the Scheme.
12. FRESHMIST.CO.UK will not pass on your personal information to third parties without your prior written consent.
13. The Scheme cannot be used in conjunction with any other FRESHMIST.CO.UK promotion or offer.
14. These Terms will be governed by and construed in accordance with Scots law and the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms.
(25) APPLICABLE LAW
Please note that these terms and conditions (and any document referred to in these terms and conditions), their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.