PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
“Buyer” means the individual or organisation that buys or agrees to buy the Goods from the Seller.
“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.
“Seller” means e-smoke Ireland.
“Buyer” means the Customer who places an order via the e-smoke Ireland website.
“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.
e-smoke Ireland logos, trademarks, graphics, photographs and text contained on this website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written permission.
In the result of any waiver in respect to our terms we reserve the right to hold all terms relevant in the future.
Products on the website are not intended to diagnose, treat, cure or prevent any disease.
Information and statements made are for educational purposes and are not intended to replace the advice of a health care professional.
By purchasing these products, the Buyer agrees to use products at the Buyer’s own risk.
Under no circumstances will e-smoke Ireland be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on any product on this site.
The Seller will only sell products to adults of the age 18 or older.
People with heart conditions, blood pressure problems and/or pregnant women should not use these products. Customers shall consult with their physician prior to using a personal vaporizer.
The products on this site are not intended as a form of nicotine replacement therapy (NRT).
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 e-smoke Ireland, 28 Palmers Crescent, Palmerstown, Dublin 20.
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.
The Buyer must be 18 or over to view and purchase goods from the Seller. The Buyer will be asked when placing an order 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.
By purchasing, the Buyer agrees that all details provided to the Seller for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card being used is owned by the Buyer, and that there are sufficient funds available associated with the method of payment used to cover the cost of the goods or services ordered.
All products and services are subject to availability.
The Seller endeavors to keep accurate stock levels; however, in the event where the Goods ordered by the Buyer are not available from stock, it will be deleted from the Buyer’s order or replaced with a similar product. If the item purchased is still required and a similar replacement cannot be found, 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.
Once The Buyer’s order has been placed and completed online the Buyer will be sent an automated e-mail confirmation of the order. This e-mail is generated by the Website and does not necessarily mean that the Seller can definitely meet the Buyer’s order. It simply confirms that the Buyer’s order and all relevant details were received and are progressing through the Seller’s system. The Seller may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time without notice.
If an Order is cancelled, any payment made for the Products will be refunded in full. This does not affect the Buyer’s Statutory Rights.
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 Website Section. 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.
Pricing and Payment
The price of the Goods shall be that which is stipulated on the Website. The price shown is inclusive of UK Value Added Tax (VAT) and this will be shown in the Checkout. VAT. Any pricing errors will result in the Buyer’s order being suspended until which time we can contact the Buyer via the methods provided. In the instance that the Seller cannot contact the Buyer, the Seller will render the order cancelled and all payment refunded as per terms and conditions. All orders must be paid for in full before any goods will be shipped.
All products are subject to availability and remain the property of the Seller until paid for in full.
No information (personal or financial) of the Buyer will be shared with any third party.
All credit/debit card details are encrypted using a secure ordering system via PayPal. The Buyer’s bank or credit card company may require security checks to validate your purchase.
The Seller endeavours to process and ship the Order on the next working day after payment is made. 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.
The Seller will not be liable for the replacement of goods lost in transit, unless a shipping option with tracking is selected by the Buyer. The Seller will not take any responsibility for deliveries held by Customs. If and when the Seller receives deliveries back from Customs the Buyer will be entitled to a full refund upon inspection of the returned goods.
Rights of the 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.
The Seller shall not be made liable in the event of any misuse of any products (or elements of) carried out by the Buyer or any third party Warranty.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller, except where the Buyer is dealing as a Consumer.All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
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.
(a) to the extent that the website and the information and services on the website are provided free-of-charge, the Seller will not be liable for any loss or damage of any nature;
(b) the Seller will not be liable for any consequential, indirect or special loss or damage;
(c) the Seller will not be liable for any loss of health, profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) the Seller will not be liable for any loss or damage arising out of any event or events beyond our reasonable control.
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.
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.
Exclusion of third party rights