Terms and Conditions of Sale/Purchase and Website Usage
Please note: Clause 11, Advisory Information, is also of particular relevance and importance to Consumers
- Definitions
1a.’Buyer’ means the individual or organisation that buys, or agrees to buy, the Goods from the Seller, and where the Seller has agreed to sell to them, thereby deeming them the customer.
1b. ‘Consumer’ means the end consumer of the Goods. Where the goods have been purchased directly from the Seller, a Consumer will also be a ‘Buyer’ for the purposes of this Contract. Where a Consumer has purchased the Goods from a Buyer (Approved Stockist) the Consumer will be solely the Consumer for the purposes of this Contract.
1c. ‘Contract’ or ‘Agreement’ refers to the contract, between the Seller and the Buyer, for the sale and purchase of Goods, incorporating these Terms and Conditions.
1d. ‘Goods’ means the eliquids produced by the Seller, that the Buyer agrees to buy from the Seller.
1e. ‘Website’ means www.originalc.co.uk, owned and operated by the ‘Seller’.
1f. ‘Terms and Conditions’ means the terms and conditions of sale set out in this Contact, and any special terms and conditions agreed in writing by the Seller.
- Conditions
2a. These Terms and Conditions shall not affect the Buyer’s statutory rights.
2b. These Terms and Conditions shall apply to all sales of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2c. Payment for the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2d. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable, unless agreed in writing by the Seller. Any complaints should be addressed to the Seller’s address.
- Website
3a. The content of the Website is for information only. It is subject to change without notice.
3b. The Seller shall publish a full and up-to-date Privacy Policy on the Website, detailing the acquisition and use of any information gathered about the Buyer, Consumer or Website user.
3c. The Seller will endeavour to ensure that the Website is accurate, up-to-date, secure, available and operational. The Buyer, Consumer or Website user acknowledges that this is not a requirement and that, from time to time, the Website may not be operational, accessible or available, either fully or partially. The Seller reserves the right to modify, suspend or permanently discontinue the Website, at any time, without notice.
3d. The Seller does not provide any warranty or guarantee as to the accuracy, safety, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. The Buyer, Consumer or Website user acknowledges that such information and materials may contain inaccuracies or errors. The Seller expressly excludes liability for any such inaccuracies or errors.
3e. The Buyer, Consumer, or Website user’s use of any information, advice or materials on the Website is entirely at their own risk, for which the Seller shall not be liable. It shall be the Buyer, Consumer or Website user’s own responsibility to ensure that any products, services or information available through the Website meets their specific requirements.
3f. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
3h. From time to time, the Website may include links to other websites. These links are provided for convenience and further information. They do not signify that the Seller endorses the website(s). The Seller has no responsibility for the content of the linked website(s).
- Pricing
4a. The Seller reserves the right to change the pricing of the Goods at its sole discretion, at any time, but the Seller will notify the Buyer of any changes to the price, prior to the Buyer ordering Goods.
4b. The price of the Goods shall be that which is stipulated on the Order Confirmation / Pro Forma Invoice, raised by the Seller on receipt of an order for the Goods from the Buyer.
4c. Any additional costs, such as delivery charges, will also be detailed on the Order Confirmation / Pro Forma Invoice.
4d. The Buyer is required to pay the Seller the total amount detailed of the Order Confirmation / Pro Forma Invoice.
- Availability
5a. The Seller reserves the right, at any time, to modify, suspend or permanently discontinue any Goods, at any time, without notice.
5b. Where the Goods ordered by the Buyer are not available from stock, the Buyer shall be notified and given the choice to wait until the Goods are available, or cancel the order and receive a full refund of any monies paid, within 30 days.
- Eligibility of Order
6a. Goods can only be ordered and brought from the Seller by persons over the age of 18 years of age, and deemed to be an Approved Stockist or an Approved Wholesaler.
6b. If the Seller discovers that the Buyer is not legally entitled to order the Goods, the Seller shall be entitled to cancel the order immediately, without notice.
6c. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods, pursuant to these Terms and Conditions, and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
- Order, Payment and Cancellation Process
7a. On receipt of an order for Goods, the Seller shall email an Order Confirmation / Pro Forma Invoice to the Buyer. The Buyer will be given the option to continue with the order, cancel or amend the order at this point.
7b. Payment of this Order Confirmation / Pro Forma Invoice (or a standard Invoice) by the Buyer shall be deemed as acceptance of these Terms and Conditions, and of the details on the Order Confirmation / Pro Forma Invoice (and standard Invoice). It will initiate the production and / or picking / packing of the Goods by the Seller to meet the Buyer’s order. The Buyer can cancel or amend the order at this point, and any monies paid by the Buyer will be returned within 30 days.
7c. When the order has been fulfilled, the Seller will notify the Buyer that the Goods have been dispatched. The Buyer accepts that the order can no longer be amended or cancelled at this point.
- Delivery
8a. Title and risk in the Goods shall pass to the Buyer upon receipt of delivery of the Goods.
8b. All orders are delivered by hand or using Royal Mail / Parcelforce delivery or equivalent courier services.
8c. Orders will usually be shipped within two to five working days of receipt of payment from the Buyer. The Buyer will be notified of an estimated shipping date on the Order Confirmation / Pro Forma Invoice, and has the option to cancel the order, if the Seller is unable to meet the Buyer’s deadline.
8d. The Seller shall use reasonable endeavours to meet the estimated delivery date. However, the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8e. Delivery of the Goods shall be made to the Buyer’s address specified in the order, and the Buyer shall make arrangements to take delivery of the Goods whenever they are tendered for delivery.
8f. If deliveries are lost or delayed in transit, no orders will be refunded or re-shipped free-of-charge until a Royal Mail or equivalent investigation has been completed. Any such loss or delay is to be reported by the Buyer to the Seller within seven working days of the estimated delivery date.
8g. If deliveries are damaged in transit, no orders will be refunded or re-shipped free-of-charge unless photographic evidence of the damage has been supplied, to support a full investigation by Royal Mail / Parcelforce or the equivalent courier service. Any such damage is to be reported by the Buyer to the Seller within seven working days of receipt of delivery.
- Return of Goods
9a. Orders can be cancelled at any time prior to shipping. Once shipped, Goods can only be returned by the Buyer if they are deemed to be damaged or faulty.
9b. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within seven working days if the Goods are damaged or do not comply with the terms of the order – failure to do so will be deemed as acceptance of the Goods.
9c. Where Goods are returned due to a fault in the production process, a full investigation will be carried out by the Seller and, where the Seller agrees that the Goods are faulty, monies will be refunded to the Buyer, in full within 30 days.
- Expiration of Goods
10a. All Goods are marked with an advisory ‘best before’ date and a batch code. The best before date corresponds with the ‘best before’ date issued by the Seller’s ingredient suppliers. The batch code refers to the Seller’s supplier reference codes.
10b. The Buyer warrants to sell Goods to Consumers only up to a date which will allow Consumers a fair and reasonable period of time in which to consume the Goods after the purchase and prior to the advised ‘best before’ date.
10c. Goods may not be bought, sold or consumed by any person after the ‘best before’ date.
- Disclaimer/Advisory Information
11a. The Seller warrants the Goods will only contain ingredients that have been independently tested, verified and deemed safe for human consumption by the relevant authorities governing the production of the ingredients.
11b. The Seller issues the following warning in relation to the Goods, which is also displayed on the packaging of the Goods: “Keep out of reach of children. If swallowed: Rinse mouth. If on skin: wash with plenty of soap and water. Call a poison centre or doctor/physician if you feel unwell.” Only for use in e-cigarettes, in accordance with device manufacturer’s instructions.” Where the product contains nicotine, the following additional warning is added: “This product contains nicotine, which is a highly addictive substance.”
11c. The Seller advises that medical advice be sought IMMEDIATELY by those experiencing nicotine misuse symptoms, such as nausea, vomiting, diarrhoea, dizziness, weakness or rapid heartbeat, as a result of consuming the Goods containing nicotine.
11d. The Goods are not intended to treat, cure or prevent a condition, disorder or addiction. Where used to assist in the cessation of smoking or to withdraw from a nicotine addiction, additional support from a medical practitioner is strongly advised.
11e. The Goods are only for use with ecigarette devices designed to safely vapourise eliquids. The Seller warns that ingestion of the non-vaporised ingredients in the Goods could be poisonous. Some components in the packaging of the Goods could present a choking hazard.
11f. The Seller advises that the Goods and their packaging be disposed of safely, using appropriate containment to avoid environmental contamination.
11g. The Buyer accepts all of the Clauses in the Disclaimer section of this Agreement and warrants that they will make the Consumer fully aware of the clauses in this Disclaimer – prior to the Consumer purchasing the Goods from the Buyer.
- Limitation of Liability
12a. Unless otherwise expressly written, in the event of any breach of this Agreement by the Seller or Buyer, the remedies shall be limited to a claim for damages. Under no circumstances shall the liability exceed the price of the Goods ordered.
- Seller Responsibilities
13a. The Seller shall ensure that the Goods conform in all respects with the requirements of any statutes, orders, regulations or by-laws in force at the date of the order. The Goods shall be packaged, labelled and marked by the Seller in a proper manner, and in accordance with any statutory requirements and/or requirements of carriers. The Seller shall indemnify the Buyer against all claims, proceedings, actions, damages, costs, expenses and any other liability or loss incurred by the Buyer as a result of any proven breach of this Condition.
13b. Where known, the Seller shall make available to the Buyer any pertinent information relating to the production and consumption of the Goods. The Seller shall indemnify the Buyer against all claims, proceedings, actions, damages, costs, expenses and any other liability or loss incurred by the Buyer as a result of any proven breach of this Condition.
13c. The Seller will make all reasonable endeavours to be available to the Buyer, by email or telephone, to respond to any queries that the Buyer or a Consumer may have regarding the Goods.
13d. The Seller shall not knowingly misrepresent facts which may be damaging, injurious or libellous to the Buyer, or which may mislead or misinform Consumers about the Goods.
13e. The Seller shall, for the Buyer’s information only, provide a recommended retail price (RRP).
- Buyer Responsibilities
14a. The Buyer shall not tamper with the Goods’ labelling, packaging or contents prior to sale to the Consumer. The Buyer shall indemnify the Seller against all claims, proceedings, actions, damages, costs, expenses and any other liability or loss incurred by the Seller as a result of any proven breach of this Condition.
14b. The Buyer shall familiarise themselves with the Goods, and any legislation surrounding the promotion, sale and consumption of the Goods, in order to legally promote and sell the Goods, and in order to safely and correctly advise Consumers about the consumption of the Goods. The Buyer shall also comply with all reasonable Goods’ usage instructions and safety guidelines, and ensure that the Consumer is also aware of the same. The Buyer shall indemnify the Seller against all claims, proceedings, actions, damages, costs, expenses and any other liability or loss incurred by the Seller as a result of any proven breach of this Condition.
14c. The Buyer shall not promote, sell or use the Goods for any illegal or unlawful purpose, or any purpose which may cause offence or may bring into disrepute the Seller or the Goods.
- Indemnity
15a.The Seller shall indemnify the Buyer against all claims, proceedings, actions, damages, costs, expenses and any other liability or loss incurred by the Buyer in respect of any death or personal injury, or loss of or damage to property, to the extent that such death or injury, or loss or damage, is caused directly or indirectly by any defect in the Goods or any wrongful act or omission of the Seller or his Staff or Agents.
- Waiver
16a. The failure of either Party to exercise any right or remedy shall not constitute a waiver of that right or remedy. No waiver shall be effective unless it is communicated to the other Party in writing. A waiver of any right or remedy arising from a breach of this Agreement shall not constitute a waiver of any right or remedy arising from any other breach of the Agreement.
- Severance
17a. If any part of this Agreement is found to be void, unlawful or unenforceable, that part will be deemed to be severable from the balance of this Agreement, and the severed part will not affect the validity and enforceability of the remainder of the Agreement.
- Force Majeure
18a. The Seller shall not be liable for any delay or failure to perform any of its obligations, if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to: acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery, or shortage or unavailability of raw materials from a natural source of supply. Under such circumstances, the Seller shall be entitled to a reasonable extension of its obligations.
- Extent of Agreement
19a. This Agreement shall not operate so as to create a partnership or joint venture of any kind between the Buyer and Seller. Nothing contained in this Agreement shall be so construed as to constitute either Party to be the Agent of the other. Neither Party shall have any authority to make any commitments on the other Party’s behalf.
19b. Unless otherwise authorised in writing, neither Party may suggest any form of association, approval or endorsement of the other, other than the accepted terms as follows: The Buyer is an “Approved Stockist” and the Seller is an “Approved Supplier”.
19c. The Buyer or Seller shall not assign, sub-contract or in any other way dispose of this Agreement or any part of it, to a third party without prior written approval of the other Parties.
- Term of Agreement
20a. The Seller and Buyer of the Goods agree to be bound by the Terms and Conditions of this Agreement, from the point at which the Buyer pays for the Goods, unless either Party has notified the other in writing, giving seven days’ notice of their withdrawal from this Agreement. Such notice should be given by email, with a copy of the email sent by Royal Mail Recorded Delivery or similarly traceable postal service to the Party’s address.
- Authority
21a. The Buyer and Seller warrant that they have the full capacity and authority to enter into this Agreement; and shall use all reasonable endeavours to meet the Terms of this Agreement.
- Governing Law and Jurisdiction
22a. Any dispute arising out of these Terms and Conditions is subject to the governance of Her Majesty’s Courts of Justice of England and Wales.
- Amendments
23a. The Seller may revise these Terms and Conditions at any time, by amending this page. The most recent version of the Terms and Conditions will always apply. Therefore, it is advisable to ALWAYS check these Terms and Conditions at the point of ordering Goods or visiting the Website, in order to review any changes. The date of the last amendment is shown below.
If you do not understand any of the clauses outlined above, or wish to query the terms of this agreement, please contact: sales@originalc.co.uk. Thank you. These Terms and Conditions were last updated on: 01 June 2021.
