Buyer means the individual or organisation that buys or agrees to buy the Goods from the Seller.
Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
Goods means the articles that the Buyer agrees to buy from the Seller.
Kicking Clouds Ltd, 41 Amisse Drive, Snodland, Kent, ME6 5GN, United Kingdom
The Customer who places an order, via the website, by letter, email or phone.
Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
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 at Kicking Clouds Ltd, 41 Amisse Drive, Snodland, Kent, ME6 5GN, United Kingdom
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.
Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process Section.
Age of Consent
Where Goods may only be purchased by persons of a certain age the Buyer will be asked when entering www.kicking-clouds.com to declare that they are of the appropriate legal age to purchase the Goods.
If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
Price and Payment
The price of the Goods shall be that which is stipulated on the Website. The price is inclusive of VAT.
The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel
Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
Goods supplied within the UK will normally be delivered within 3 (three) working day of acceptance of order.
Goods supplied outside the UK will normally be delivered within 10 (ten) working day of acceptance of order.
Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
The Seller shall use its reasonable endeavors to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and 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.
Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
Right of seller
The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Seller reserves the right to withdraw any goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
Cancellation and return
The Consumer shall inspect the Goods immediately upon receipt and shall notify the Seller within 14 working days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Consumer fails to do so the Consumer shall be deemed to have accepted the Goods. As the product is an oral product once used it cannot be returned, unless faulty. Orders can be cancelled any time prior to shipping. Once shipped if returned unopened, the Consumer will be responsible for both the outbound and return shipping costs plus any restocking fee deemed necessary, up to a maximum of 10% of the purchase price.
All kits come with a 28-day parts warranty from date of receipt. Purchasers should be aware that our electronic cigarette atomizers and batteries, although made to the highest quality, may fail or degrade over a period of time. (An electronic cigarette atomizer’s natural lifespan is around 14-60 days and an electronic cigarette battery’s expected lifespan is 2-3 months). This is not a guarantee that the Consumer will “like” the Electronic Cigarette, simply that it will function as described within the specified time frame.
Batteries and Atomizers purchased as “singles” i.e. not as part of a multi-pack are also covered by a 28 day warranty period from date of receipt. (This warranty does not cover Low Resistance Atomizers). Each page details the warranty information of the specific product and we recommend that you read this before choosing to purchase.
Any replacement parts are warranted from the date of delivery of the original order.
Limitation of liability
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
Kicking Clouds Ltd reserves the right to edit or delete any content posted on any part of Kicking Clouds Ltd website at any time by customers or third parties, including, but not limited to, the “Guestbook” and “Forum” sections of the website. Statements that reasonably may be interpreted to make therapeutic or “smoking cessation” claims regarding the use of our products, or electronic cigarettes generally, are prohibited and will be subject to editing and/or removal from the website. Examples of such statements include statements that electronic cigarettes have helped an individual “quit” smoking traditional cigarettes, have helped reduce nicotine cravings or withdrawal symptoms, or have proven a successful alternative to approved smoking cessation drugs, such as nicotine patches or gums.
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, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Changes To Terms
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Kicking Clouds Ltd
Company Number – 11198569