TERMS AND CONDITIONS
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR FUTURE REFERENCE.
WARNING:eLiquid and prefilled tips contain nicotine which is known to be an addictive toxin. Please read the FAQ before you purchase eLiquid or tips. Handle all eLiquid products and tips with care and caution. Do not ingest the the eLiquid or expose directly to skin for prolonged periods of time. Use only in an e-smoking device as directed and store in a cool, dry place. Exposure to eLiquid by children or pets may cause serious health effects and/or death. Consequently, all eLiquid containers are fitted with Child Resistant Caps. Please ensure that you use the Child Resistant Caps and keep all eLiquid products and tips out of reach and out of sight of children and pets at all times. liberro.co.uk shall not be liable for any misuse and abuse of eLiquid by you.
1. INFORMATION ABOUT US AND THE WEBSITE
1.1 www.liberro.co.uk (“Website”) is owned and managed by Liberro (UK) Limited.
1.2 liberro.co.uk shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.
1.3 liberro.co.uk reserve the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Products or features of the Website therefor without notice.
1.4 liberro.co.uk may be contacted via their distribution centre at 5b Watermill Industrial Estate, Aspenden Road, Buntingford, Hertfordshire, SG9 9JS or by email at firstname.lastname@example.org or by phone on 01763 272774
2. PRELIMINARY INFORMATION
2.1 By placing an order with liberro.co.uk for the purchase of the Products, you warrant that:
2.1.1 you are legally capable of entering into any binding contracts;
2.1.2 you are at least 18 years old and above; and
2.1.3 you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms and Conditions for the purchase of the Products.
3.1 In order to purchase the Products, you shall be required to create a customer profile on the Website (“Customer Profile”) with liberro.co.uk by completing the online registration form made available to you using the Website.
3.2 By completing the online registration form to create a Customer Profile, you consent to liberro.co.uk conducting verification and security checks with our credit card processing company in respect of the information provided in such online registration form to aid in fraud prevention measures.
3.3 You hereby warrant that the information provided to liberro.co.uk is true, accurate and correct. Please ensure that you make any necessary changes to this information before placing an order to ensure that your order arrives correctly.
3.4 Upon the completion and submission of the online registration form by you to liberro.co.uk shall send you a confirmation email to your email address provided in the online registration form. liberro.co.uk may also provide you with details of your Customer Profile login and password. You shall keep the login and password confidential and secure. Without prejudice to the other rights and remedies of liberro.co.uk reserves the right to promptly disable your Customer Profile and suspend your access to the Website or your ability to place an order for the Products using the Website if liberro.co.uk has reason to believe that you have breached any of the provisions set out herein.
3.5 Subject to the provisions herein and upon the creation of a Customer Profile, you may proceed with placing your order (“Order”) with liberro.co.uk for the Products using the Website.
4. FORMATION OF CONTRACT
4.1 Subject to the provisions herein and in consideration for the payment of the Charges in accordance with clause 5 hereunder, your contract with liberro.co.uk for the purchase of the Products shall commence at the time of despatch of the goods to you.
4.2 Each contract between liberro.co.uk and you relates only to those Products which have been confirmed in the Order Confirmation Email. liberro.co.uk shall not be obliged to supply any other Products which have not been set out in the Order Confirmation Email.
4.3 Notwithstanding the provision of clause 4.1 and the Order Confirmation Email, all Orders are subject to stock availability and acceptance by liberro.co.uk. In the event there is a lack of available stocks in respect of the Order or as set out in the Order Confirmation Email, liberro.co.uk will contact you to inform you of the same and to:
4.3.1 offer you an alternative to the Product set out in the Order or in the Order Confirmation Email which is similar in quality and value as the Product ordered; or
4.3.2 cancel the Order Confirmation Email and provide you with a full refund.
4.4 You acknowledge and agree that liberro.co.uk rely on third party service providers to make the Website (including without limitation, the functionalities therein) available to you. In addition, you acknowledge that the public electronic communications network is not controlled by liberro.co.uk and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner or operator thereof. Such circumstances may result in the Website or any part thereof being made temporarily unavailable. Liberro.co.uk shall take reasonable action within its control to minimise any disruption caused by such circumstances but some such interruptions may not be avoidable.
5. PRICES AND PAYMENTS
5.1 Due to the nature of the business, you acknowledge and agree that the Prices may be subject to change and variation from time to time subject always that any changes in the Prices shall not be applicable to you once you have submitted your Order with liberro.co.uk.
5.2 liberro.co.uk shall use its reasonable endeavours to ensure that the Prices for the Products on the Website are accurate and correct at all times. However, you acknowledge that due to the large number of Products advertised on the Website, such Products may at times be incorrectly priced. Where there is a discrepancy between the actual Price and the advertised Price, liberro.co.uk shall inform you of the actual Price of the Product. Thereafter, you shall have the option of proceeding with your Order in consideration for the actual Price or to cancel your Order with liberro.co.uk
5.3 You may pay for your Order using the method of payment as specified on the Website. liberro.co.uk reserves the right not to process your Order if liberro.co.uk has not received payment of the Price and any other additional charges, including without limitation, any applicable taxes and delivery charges.
5.4 Unless otherwise expressly set out to the contrary, all Prices quoted on the Website shall be inclusive of applicable value added taxes.
5.5 In the event delivery of the Product is to an address outside the United Kingdom, liberro.co.uk shall not be responsible for any additional taxes due including but not limited to importation taxes, sales taxes and any other taxes and charges that may be levied at the delivery destination.
6.1 liberro.co.uk aims to deliver your Order to you, subject to the provisions set out herein, in accordance with the estimated delivery time for the type of delivery which you have opted in your Order. (“Estimated Delivery Time”).
6.2 You shall become the owner of the Products when they are delivered to you, provided always that liberro.co.uk have received payment of the Price and all other related charges in full. Once the Products have been delivered to you, they will be your responsibility and, except in relation to the Products that are damaged, defective or that which falls under clause 8, we shall not be liable for any damage, loss or destruction of such Products after they have been delivered to you.
6.3 All applicable delivery charges in accordance with the type of delivery as opted by you in your Order shall be added to your Order prior to your submission on the checkout webpage of the Website and shall be set out separately in the Order Confirmation Email.
6.4 All Products are delivered using the Royal Mail, either its registered or special delivery services, as specified by you in your Order.
6.5 In the event that you do not receive the Products within the Estimated Delivery Time please notify us via post or email or telephone. We will then investigate if the Products have correctly left our premises and if not we will immediately dispatch them.
6.6 Where packages are lost or delayed in transit, liberro.co.uk is not able to offer a refund or re-ship the products free of charge until a Royal Mail investigation has been completed. Royal Mail will not investigate missing items until 15 working days for UK orders, 20 working days for EU orders and 25 working days for international orders, have passed from the date of posting.
7. CANCELLATION RIGHTS AND RETURNS
7.1 You may cancel the contract at any time within fourteen (14) days (“Cooling Off Period”), beginning on the day after you have received your Order by contacting us.
7.4 If you cancel the Order before the goods are despatched liberro.co.uk will refund the total amount of your order within 14 days.
7.4.1 If you cancel after the goods have been despatched and within the cooling off period liberro.co.uk shall advise you in respect of the return of your product. You shall upon such advice, promptly at your own cost and risk, return the Product to the designated address advised to you by liberro.co.uk. Upon receipt of either (a) the goods, or (b) evidence that the goods have been sent back to Liberro, liberro.co.uk shall refund you the Price you have paid for your Order within fourteen (14) days of that date.
7.4.2 If the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, Liberro may recover that amount from the consumer, either by a reduction in the refund or by requiring the customer to pay.
7.5 Please ensure that you follow our cancellation procedure otherwise liberro.co.uk may be entitled to refuse your request to cancel during the Cooling Off Period or to refund you the monies paid to liberro.co.uk for the cancelled Order.
8. DEFECTIVE OR DAMAGED PRODUCTS
8.1 If within the stated warranty period and in the event the Products delivered to you are:
8.1.1 inherently defective, misdescribed, or
8.1.2 damaged in transit or in any other way in breach of the terms of the Agreement.
liberro.co.uk subject to investigation of the problem shall provide you with the option of replacement of your Order, or if such Product is unavailable, then an alternative which is of the same or similar quality and value or a refund of the Price including delivery costs of your Order. We request that when requesting a return of your Order you use the “Return Authorisation Request” page available on the Website. In the event that you elect to receive a refund liberro.co.uk will confirm the value and your entitlement to such refund in writing (“Refund Confirmation Email”) and refund any monies due as soon as possible and in any event within 30 days of the date of the Refund Confirmation Email. liberro.co.uk shall bear the delivery costs incurred by you in returning the defective or damaged Product to us, subject always that you provide us with documentary evidence supporting such delivery costs.
8.2 Notwithstanding clause 8.1, you understand that due to the delicate and sensitive nature of the components used in the manufacturer of our products that the life of the Product is dependent on your use of the same and is therefore subject to wear and tear. During the investigation we will consider the amount of use of the product has had and the stated expected lifetime as indicated in the product description.
9. ORDERS FOR DELIVERIES OUTSIDE THE UNITED KINGDOM
9.1 If you opt to access the Website and make purchases of the Products from a location outside the United Kingdom, you shall be responsible for complying with all applicable local laws.
9.2 Where packages are lost or delayed in transit, liberro.co.uk is not able to offer a refund or re-ship the products free of charge until a Royal Mail investigation has been completed. Royal Mail will not investigate missing items until 20 working days for EU orders and 25 working days for international orders, have passed from the date of posting.
9.3 although our products fully comply with all EC legislation liberro.co.uk does not represent or warrant that the Website or the Products made available for purchase on the Website is appropriate or lawful in locations outside the United Kingdom, or that the Products and/or the delivery thereof comply with any legal or regulatory requirements of any applicable local law.
9.4 If you order Products for delivery outside the United Kingdom, you may be subject to import duties and taxes which are levied upon the delivery of such Products to the specified address. You shall be solely responsible for payment of any such import duties and taxes. liberro.co.uk has no control whatsoever in respect of such additional import duties, taxes and charges and liberro.co.uk cannot advise you what these may be. Consequently, liberro.co.uk recommends that you contact your local customs office for further information prior to placing any Order with liberro.co.uk.
9.5 For all deliveries to locations outside the EC, you shall be deemed the importer of the Products and it shall be your sole responsibility to comply with all applicable local laws and regulations of the country to which the Products are delivered. liberro.co.uk shall, in no way, be liable to you or any third parties for any breach by you of any such laws arising from or in connection with the purchase of the Products and/or liberro.co.uk’s delivery of the Products to you.
10. ADDITIONAL OBLIGATIONS
10.1 You agree that you are solely responsible and liable for all your activities on the Website carried out under your Customer Profile.
10.2 You shall promptly notify liberro.co.uk in the event that there is a breach of security or any unauthorised use of your Customer Profile.
10.3 By registering a Customer Profile and using the Website, you agree that you shall not submit to appear on the Website, any review, comment, link or other material whatsoever (“User Submissions”) that may reasonably be deemed to be offensive, illegal or inappropriate or in any way:
10.3.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
10.3.2 harass or advocate harassment of another person
10.3.3 display pornographic or sexually explicit material;
10.3.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
10.3.5 promote any illegal activities;
10.3.6 provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
10.3.7 promote or contain information that you know or believe to be inaccurate, false or misleading;
10.3.8 engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of liberro.co.uk; or
10.3.9 infringe any rights of any third party.
10.4 You further agree that at all times, you shall not:
10.4.1 use a Customer Profile with the intent of impersonating another person;
10.4.2 allow any other person to use a Customer Profile that you have registered;
create multiple Customer Profiles; or
10.4.4 use the information presented on the Website for any commercial purposes.
10.5 You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website, but agree that liberro.co.uk may, at its sole discretion, choose to display any User Submission that you make on the Website and hereby grant to liberro.co.uk a non-exclusive, perpetual, irrevocable, worldwide licence to do so until such time, if any, as the User Submission is updated.
10.6 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any User Submissions that you make to the Website.
10.7 You hereby grant to liberro.co.uk a non-exclusive, irrevocable licence to make your User Submissions available to other users of the Website and to edit your User Submissions in the event that liberro.co.uk deems it necessary or desirable to do so for any reason subject to clauses 10.3 and 10.4.
10.8 If you feel that any User Submission made by other users is objectionable, you are encouraged to contact liberro.co.uk who shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.
10.9 In the event that liberro.co.uk, in its sole and absolute discretion, consider that you have breached any of the terms set out in this clause 10, liberro.co.uk shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website (whether you have logged in using your Customer Profile or otherwise); and in the case of illegal use, the instigation legal proceedings as appropriate.
10.10 You may terminate your Customer Profile by ceasing all use of the Website. If you wish to have your Customer Profile removed from liberro.co.uk’s database, you must give us reasonable notice to do so. Upon termination of your Customer Profile, you shall cease to have access to certain features and elements of functionalities of the Website granted to an individual with a Customer Profile.
11. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
11.1 Nothing in these Terms and Conditions, the Website or any brochure or literature provided by liberro.co.uk serves as a representation, warranty, recommendation, advice or suggestion that the Products available on the Website or provided as part of an Order by liberro.co.uk to you is of a medical nature; or is or is deemed to be a medical device; or may be used in combination with or to substitute any medication or nicotine replacement therapy (prescribed by a member of your local medical profession or otherwise) under any applicable laws.
11.2 liberro.co.uk recommends that you read the label on the Products and the information set out in the FAQ section carefully before you purchase and/or use the Products. If you are still unsure about your use of the Products, liberro.co.uk recommends that you seek independent information and/or advice from your local research and/or medical authorities prior to your purchase and/or use of the Products.
11.3 All information made available to or accessible by you using the Website or the Product including any User Submission or editorial materials provided by liberro.co.uk are provided “As Is” without any conditions, warranties or terms of any kind and are intended as information only. Such information shall not in any way and for any reason at any time constitute advice, medical advice, substitute for medical advice or advice given and/or sanctioned by the Medical and Healthcare products Regulatory Agency (MHRA), the British Medical Association (BMA), the National Healthcare Service (NHS) or any other medical or research body or authority. Consequently, any such information must not be relied on to assist in making or refraining from making a decision or to assist in deciding on a course of action.
11.4 Save for liability in respect of death and personal injury which are not limited, liberro.co.uk accepts no liability whatsoever for any indirect or consequential losses arising out of or in connection with expectations of a specific nature or anticipated outcome, loss of profit or contract, loss of data, loss of business, loss of goodwill and reputation or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise unless reasonably foreseeable.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 liberro.co.uk and its licensors own all rights in the intellectual property rights relating to the Website and the Products.
12.2 You are expressly prohibited from:
12.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, the User Submissions; and
12.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by us or our licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of liberro.co.uk or could be considered an infringement of any of the rights in the intellectual property rights owned and/or licensed to liberro.co.uk.
14.1 If liberro.co.uk fail at any time to insist upon strict performance of its obligations under these Terms and Conditions, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms and Conditions, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by liberro.co.uk of any default shall not constitute a waiver of any subsequent default.
14.3 We will not waive any terms and conditions except by writing to you.
14.4 All notification and communication to liberro.co.uk should be sent to the contact details set out in clause 1 of these Terms and Conditions or the Website or our registered office address.
14.5 If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
14.6 These Terms and Conditions supersede any previous versions of the Terms & Conditions published by Liberro.co.uk
14.7 These Terms and Conditions are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.