Smoke Without Sin Limited Website Terms and Conditions

This page (together with the documents referred to on it) incorporates the Terms & Conditions on which we supply any of the products (Products) listed on our website www.rokuniversal.co.uk (our site) to you. Please read these Terms & Conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these Terms & Conditions. None of our Terms & Conditions affects your statutory rights as a consumer.

You should print a copy of these Terms & Conditions for future reference.

Please click on the button marked "I Accept" at the end of these Terms & Conditions if you accept them. Please understand that if you do not accept these Terms & Conditions, you will not be able to order any Products from our site.

1. INFORMATION ABOUT US

www.rokuniversal.co.uk is a site operated by Smoke Without Sin Limited (we/us). We are registered in England and Wales under company number (7070599) and with our registered office at Ternion Court,264-268 Upper fourth Street, Central Milton Keynes, Bucks. MK91DD. Our main trading address is The Old Pump House, Stonecross, St.Albans, Herts, AL14AA England. Our VAT number is 981368682. We can be contacted via our e-mail address: support@rokuniversal.co.uk.

2. SERVICE AVAILABILITY

Our site is only intended for use by people resident in the EU. We do not accept orders from individuals outside those countries.

3. YOUR STATUS AND RESPONSIBILITY

By placing an order through our site, you warrant that you are:

(a) legally capable of entering into binding contracts;
(b) at least 18 years old and are buying the Products for your own personal use;
(c) resident in a EU country; and
(d) accessing our site from that country.

We reserve the right to cancel any Contract where we reasonably believe you are in breach of the above warranties. Furthermore, you agree to indemnify us and our directors and keep us indemnified against any costs, claims, damages or other liability we may incur to any third party who has been supplied, or permitted to use, the Product by you.

4. DESCRIPTIONS

The descriptions and pictures on our website are a guide to the look and feel of our Products. We try to make them as accurate as possible but cannot be held responsible for minor differences. The Disclaimer wording on our website as well as the wording incorporated on our packaging for the Products as shown on the website are deemed to form part of the Contract

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

5.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

6. OUR STATUS

6.1 We are acting as principals and not as an agent for a third party.

6.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link from our site, will be of satisfactory quality or fitness for purpose, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

7. CONSUMER RIGHTS

7.1 As you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out in clause 11.

7.2 To cancel a Contract, you must inform us in writing, by e-mail or letter. You must also return the Product(s) to us immediately, in the same condition in which you received it/them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession and not to make them available for third party use. If you fail to comply with this obligation, we may have a right of action against you for compensation.

7.3 Details of the statutory right to cancel the Contract, and an explanation of how to exercise it, are provided in the Dispatch Confirmation.

8. AVAILABILITY AND DELIVERY

The Products are subject to availability. Where they are not immediately available to us, we will contact you to discuss an alternative. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then for orders received by us before 12 noon (GMT) during normal working days, despatch will normally be the same day and delivery should be within 7-10 days thereafter. Working days mean Mondays-Fridays, save for UK public holidays.

9. RISK AND TITLE

9.1 The Products will be at your risk from the time of delivery to you. The provisions contained on the packaging and labelling of the Products shall be deemed to form part of these Terms & Conditions.

9.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9.3 ROK e cigarette tips & e liquids contain nicotine. Use at your own risk.

10. PRICE AND PAYMENT

10.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

10.2 These prices are inclusive of VAT and delivery costs.

10.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

10.4 Our site contains a number of Products and it is always possible, despite our best efforts, that some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

10.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.

10.6 For import duty and other taxes outside the UK, see clause 13.

10.7 Payment for all Products must be by credit or debit card unless we have previously authorised a credit account for you. We accept payment with Visa, Visa Debit, Visa Electron, Mastercard, JCB and Solo. If a credit account has been authorised for you, payment is due within 14 days from the date of invoice, time to be of the essence.

10.8 RBS WorldPay, our payment provider, uses state-of-the-art security tools and processes, to ensue that you are protected against security risks. We will have no right of access to your personal banking details.

11. OUR RETURNS AND REFUNDS POLICY

11.1 You should inspect the packaging for the Products and the Products themselves immediately upon receipt and should notify us within 7 days of delivery if the packaging or the Products have been damaged or the Products do not comply with the terms of the Contract.

11.2 Where a claim of defect or damage is made, the Products must be returned by you to us. To do this, you will need first to contact us at enquiries@rokuniversal.co.uk to receive a returns number, which must be quoted on all correspondence. The Products concerned must be returned by the Buyer at the Buyer’s expense and should be returned by recorded delivery and adequately insured during the return journey. Until the Products and the packaging are returned to us, you must take reasonable care of them.

11.3 When you return a Product to us:

(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 7.1), we will process the refund due to you as soon as possible and in any case within 30 days of the day you have given notice of your cancellation. In this event, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because have notified us in accordance with clause 22 that you do not agree to any change in these Terms & Conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

11.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

12. EXTENT OF OUR LIABILITY

12.1 We warrant to you that any Product purchased from us through our site will be of the nature, substance and quality as reflected in these Terms & Conditions and the information referred to above and will conform in all respects with all the appropriate statutory regulations.

12.2 Our liability for losses you suffer as a result of our being in breach of the Contract is strictly limited to the purchase price of the Product you purchased. We will not be responsible for any loss or damage:

(a) which was not foreseeable to both parties when the Contract was made; and
(b) except only may arise from any breach of this Contract on our part or that of our suppliers.

The provisions of this clause are subject to clause 12.3.

12.3 None of the provisions of these Terms & Conditions shall preclude or limit in any way our liability:

(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter where it would be illegal for us to exclude our liability or where any attempt to do so by us would be unenforceable.

12.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; or any waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise Provided that this clause shall not prevent claims for loss of or damage to your tangible property that fall within the ambit of clauses 12.1 or 12.2.

12.5 You agree that no person or company can have any liability under the Contract or in connection with the supply, or any defect in or failure to supply, any Product, other than us.

13. IMPORT DUTY AND OVERSEAS TAXES

 

13.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

13.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.

14. PRIVACY POLICY AND DATA PROTECTION

We are committed to protecting your privacy. All information given at the time of ordering up to immediately prior to the point of payment is collected by us. All such information is collected lawfully and in accordance with the Data Protection Act 1998. The data is used to fulfil your order and for our own marketing campaigns. We use technologies such as “cookies” to improve our services to customers. We will not pass your information to any third parties except with your permission or as required by law [or pursuant to the provisions of clause 6.2]. It is will not be our policy to send random marketing e-mails to personal e-mail addresses. As described in clause 10.8, your payment information is only available to RBS World Pay.

15. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

16. NOTICES

All notices given by you to us must be given to Smoke Without Sin Limited at The Old Pump House, Stonecross, St. Albans, Herts, AL14AA, England or info@rokuniversal.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

17. TRANSFER OF RIGHTS AND OBLIGATIONS

17.1 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

17.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

18. EVENTS OUTSIDE OUR CONTROL

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (but without limitation) the following: strikes, lock-outs or other industrial action; 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; impossibility of, or delays attributable to, the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of, or delays in, the use of public or private telecommunications networks; or the acts, decrees, legislation, regulations or restrictions of any government.

18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

19. WAIVER

19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

19.2

A waiver by us of any default shall not constitute a waiver of any subsequent default.

 

19.3 No waiver by us of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15.

20. SEVERABILITY

If any of these Terms & Conditions or any provisions of a Contract 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 will continue to be valid to the fullest extent permitted by law.

21. ENTIRE AGREEMENT

21.1 These Terms & Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

21.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms & Conditions.

21.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms & Conditions.

22. OUR RIGHT TO VARY THESE TERMS & CONDITIONS

22.1 We have the right to revise and amend these Terms & Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's and our system provider’s capabilities.

22.2 You will be subject to the policies and Terms & Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms & Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms & Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms & Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

23. LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales to which you irrevocably agree to submit.

 

Warranty

ROK USB chargers and three pin wall adaptors are warranted for a period of 12  months.

PCC’s charging packs are warranted for a period of 6  months and may be repaired or replaced at our discretion up to a maximum of 1 time.

Battery Stems which are more likely to be dropped are classed as consumable items and as such are warranted for a period of 60 days from the purchase date. Thereafter items may be purchased online.

Replacement Tips are consumable items and not under warranty.