Terms of Service – MistyHaze.co.uk

TERMS OF SERVICE OVERVIEW
SECTION 1 – OUR CONTRACT WITH YOU
SECTION 2 – OUR PRODUCTS
SECTION 3 – PAYMENTS
SECTION 4 – DELIVERY
SECTION 5 – RETURN POLICY
SECTION 6 – ONLINE STORE TERMS
SECTION 7 – GENERAL CONDITIONS
SECTION 8 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
SECTION 9 – MODIFICATIONS TO THE SERVICE AND PRICES
SECTION 10 – PRODUCTS OR SERVICES (if applicable)
SECTION 11 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
SECTION 12 – OPTIONAL TOOLS
SECTION 13 – THIRD-PARTY LINKS
SECTION 14 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
SECTION 15 – PERSONAL INFORMATION
SECTION 16 – ERRORS, INACCURACIES AND OMISSIONS
SECTION 17 – PROHIBITED USES
SECTION 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
SECTION 19 – INDEMNIFICATION
SECTION 20 – SEVERABILITY
SECTION 21 – TERMINATION
SECTION 22 – ENTIRE AGREEMENT
SECTION 23 – GOVERNING LAW
SECTION 24 – CHANGES TO TERMS OF SERVICE
SECTION 25 – NEWSLETTER CONTENT
SECTION 26 – AGE OF CONSENT
SECTION 27 – CONTACT INFORMATION

OVERVIEW

This website is operated by WELLGREEN LIMITED. Throughout the site, the terms “we”, “us” and “our” refer to WELLGREEN LIMITED. WELLGREEN LIMITED offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – OUR CONTRACT WITH YOU

How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock or because we have identified an error in the price or description of the product or because there is a safety issue or because we reasonably believe you are not aged over 18 years of age or resident in the UK.

Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

We cannot sell some goods within the EU. Due to the Tobacco Products Directive (2014/40/EU) we cannot sell certain electronic cigarette products to consumers resident in countries of the EU. We are however able to sell all of our products to consumers resident in the UK and in non-EU countries. If we are unable to sell to you a certain product, we’ll notify you of that during the check-out process.

For non-UK residents. If you’re resident outside of the UK then it is your responsibility to ensure that the products that you order from us comply with the local laws that apply in your country and to take responsibility for importing the goods into your country. We will have no responsibility for products which are stopped at customs or which do not meet the legislation which applies in your country.

We only sell to people over 18. By law, we cannot sell e-cigarettes or related products to anyone who is under 18 years of age. If we reasonably believe that you are not over 18, we reserve the right to require you to provide proof of your age before we fulfill your order.

SECTION 2 – OUR PRODUCTS

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

Product packaging may vary. The packaging of the product may vary from that shown in images on our website. You may not return the product because the packaging does not match the image shown on our website.

Product safety. There are some safety risks associated with using e-cigarettes and we strongly recommend that you read the instructions for your product before you start using it.

SECTION 3 – PAYMENTS

Credit/Debit Cards

We accept payments via our website of all major Credit or Debit Cards. If you have selected to pay by via Credit or Debit Card, your payment will be authorised and processed for you automatically.

Once your order has been submitted there is nothing further for you to do, you will receive an email confirming your order and we will update you via email once your order has been dispatched.

We will arrange for your products to be sent to you as soon as possible and will keep you updated on the progress of your order.

When ordering by Credit or Debit Card please note that the text/descriptor shown on your Credit or Debit Card statement will show you have made a purchase from WELLGREEN LIMITED.

Bank Transfers

Select to pay by Bank Transfer and you will receive a 5% Discount off your order.

Placing your order this way saves us from paying credit/debit card processing fees so we pass this saving onto you.

All of the details and information required to make your bank transfer will be sent to you via email once you have submitted your order.

Money/Postal Orders – We do not accept Money/Postal Orders.
Cheques – We do not accept Cheques.
Cash – We do not accept Cash.

SECTION 4 – DELIVERY

We use the Royal Mail for all orders and their guidance on delivery times are as follows:

Delivery within the UK: 1-2 Working Days.
Delivery to Europe: 3-5 Working Days.
Delivery to USA, Canada, Australia & New Zealand: 7-10 Working Days.

UK Deliveries:

Delivery costs are £3.95 for all orders within the UK. All orders are sent “1st Class Signed For” via Royal Mail.
All orders are sent via Royal Mail 1st Class Signed For, you will be required to sign for your order upon receipt of delivery.
We will email you with confirmation your order has been dispatched.
In most cases, Royal Mail Signed For takes 1-2 working days.

International Deliveries:

All international orders cost £9.95 and are sent using a fully tracked service; you will be sent your Tracking Number once your order has arrived in the destination country.

Orders can be Tracked using this link > Track and Trace

SECTION 5 – RETURN POLICY

After receiving your order, if you are not satisfied then simply return it to us for a refund.
Please do not open the original packaging – All returned items must reach us in the same unopened condition as they were sent.
You have 14 days from the date of delivery to inform us about a refund. After this date, you have an additional 14 days to send back your products.

If you need to return your products, please send them to the address below:
(PLEASE NOTE THAT OUR BUSINESS IS ONLINE ONLY, NO PRODUCTS ARE AVAILABLE OR FOR SALE AT OUR OFFICE ADDRESS.)

MistyHaze.co.uk
20 Montpellier Apartments
Teignmouth
Devon
TQ14 8JT
United Kingdom

Please include your order number with your return package. We also recommend that you send your products using a tracked delivery service to ensure safe delivery back to us.
Please email us first to let us know the reason for the return and if you would like a refund, exchange, or a different product.
If Customs or the Postal Service detain your package for any reason and deems your goods to be prohibited material your goods may be removed and destroyed. In this event, we are unable to refund your payment or resend your order.

SECTION 6 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 7 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 8 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 9 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 10 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 11 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 12 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 13 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 14 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 15 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 16 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 17 – PROHIBITED USES

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall WELLGREEN LIMITED, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 18 – PERSONAL INDISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

SECTION 19 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless WELLGREEN LIMITED and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 20 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 22 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of WELLGREEN LIMITED, 20 Montpellier Apartments, Teignmouth, DEV, TQ14 8JT, United Kingdom.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – NEWSLETTER CONTENT

By default, after a purchase or a registration at MistyHaze.co.uk, each client is subscribed to our email newsletter services, which provide handy information about the updates, release of new products, current promotions as well as other exciting events. All clients could unsubscribe if they choose to.

SECTION 26 – AGE OF CONSENT

You may only purchase Products from our Site if you are at least 18 years old. You will be asked to declare that you are of the appropriate legal age to purchase the Products when placing an order and we may carry out an independent verification to check your age and if we discover that you are not legally entitled to order the Products, we shall be entitled to cancel the order immediately, without notice. If you falsely declare your age to us you shall be held responsible for all costs, expenses, losses, damage fines and other penalties that we may suffer or incur as a consequence of your false statement. By ordering Products from this website, you hereby consent to us undertaking a search with Veritad (or any other 3rd party age verification service) for the purposes of verifying your identity. To do so a 3rd party age verification service may check the details you supply against any particulars on any database (public or otherwise to which they have access). They may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained.

SECTION 27 – CONTACT INFORMATION

For more information about our Terms of Service, if you have questions, or if you would like to make a complaint, please contact us by e-mail at support@mistyhaze.co.uk or by mail using the details provided below:

Misty Haze
20 Montpellier Apartments
Teignmouth
Devon
TQ14 8JT
United Kingdom

Email: support@mistyhaze.co.uk
Tel: 07305345973