By using the www.thinkingoutcloud18.co.uk website you agree to be bound by these Terms and Conditions.
We may deem it necessary to amend these Terms and Conditions from time to time, if this is the case then an announcement will be made on the website before changes are made. It will be your responsibility to check for such changes which are being made available to you. If you do not wish to accept the new Terms and Conditions you should not continue to use the website. If you choose to continue to use the website after such changes have taken effect, this indicates that you agree to be bound by the new Terms and Conditions; this includes agreement to the modification, temporary or permanent withdrawal of the website or website material without notice and you therefore confirm that we shall not be liable to you for any modification to or withdrawal of the website or website material.
3. Website Registration
You confirm that the personal information which you provide when you register is accurate and complete in all respects; and that you are not impersonating a different identity. You confirm that you are atleast 18 years old to use our website, and to purchase products from our website. You need to notify us immediately of any changes to the personal information by e-mailing Thinking Out Cloud Ltd on the following email address: email@example.com
5. Protecting Your Security
We make consistent effort to ensure orders are thoroughly checked using the information already supplied, we acknowledge the very serious offence of internet fraud. However, if a concern arises, there is the possibility that we may need to contact you to make further security checks. We would appreciate your co-operation to allow us to complete these check as quickly and efficiently as possible, to reduce the risk of possibility of any fraudulent transactions; fraudulent transactions will be reported to the relevant authorities as we strive to offer utmost protection to our customers. By accepting these terms and conditions you consent to such checks being made. Personal information provided by you may be disclosed to a registered Credit Reference Agency who may store or record or that information. Please be assured that this is done for the sole purpose of confirming your identity, no credit checks are not performed and so your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
You agree to comply with all applicable laws, statutes and regulations regarding the website www.thinkingoutcloud18.co.uk and its use. The Website may only be used in a way that abides by law, for lawful purposes.
You agree to fully indemnify, defend and hold our directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this website or any other person accessing the website using your personal information.
8. Third Party Links
As a convenience to our customers, the website may include links to other websites or material which is beyond our control. Please be aware that we at Thinking Out Cloud Ltd are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
9. Orders and Delivery
All orders made at www.thinkingoutcloud18.co.uk are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail or telephone, using the personal details supplied on your order. We will give you the option to wait until the item is available, to order an alternative product or to cancel your order. We may offer to send part of an order with out of stock items to follow later, this is at our discretion.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is completed last.
We will take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from www.thinkingoutcloud18.co.uk.
Once the product has been delivered to the delivery address supplied at point of order, you will assume the risk for the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified. We will not re-send or refund orders due to them being sent to the wrong delivery address, if that delivery address was incorrectly provided by you. Please do thoroughly check the delivery address provided and contact us immediately after order if a change needs to be made; if the order has not yet been processed then we will endeavour to adjust the address for you on your order, please contact firstname.lastname@example.org. We regret to inform you that if your order has already been processed at the point of contact from yourselves, then no adjustments can be made and as mentioned above, no refund or re-sending of products will be applied. Please do check your delivery address for accuracy when placing an order.
All orders are sent via Royal Mail. Certificates of postage are retained incase of query regarding evidence of posting. Once the order has been handed over to Royal Mail, it is from that point out of our control with regards to the safe delivery of the order. We have no control over delivery dates and times, or the condition at which it arrives if the very unlikely event of damage or loss has been caused during transit with Royal Mail. As mentioned, certificates of posting are retained as our proof of posting your order, therefore handing over responsibility to Royal Mail.
Please be advised that due to the handing over of responsibility for delivery to Royal Mail, we are unable to pass on any form of delivery requests or notes such as leaving with a neighbour/in a secure place. We have no control over how our postman delivers your parcel to you, however, it is our belief that Royal Mail offer a setting with an online account where you can note down your preferred delivery method/secure place/neighbour. We accept no responsibility for your parcel being left in a location that does not meet your requirements and this is something that will need to be taken up with your local delivery office, if any such event should occur.
10. Cancellation Rights
Where you have purchased the goods or services as a consumer you are entitled to cancel any contract completed with us within 7 days from the day after receipt of the goods or services, if valid reasons such as defective products are provided; please note we will not provide a refund or return offer on the basis of the eliquid flavour not being to your taste. If a defective product is reported, one that does not include damage to packaging caused by Royal Mail, we will endeavour to deal with any refund request in a prompt manner. We will issue refunds to the debit/credit card used to place the order, to which you will receive appropriate email confirmation.
If a return is accepted, the goods must be returned in the same condition as they were received. Due to the nature of the product and the fact that opening the bottle affects the ability to resell, returns will only be accepted for unopened bottles; this also affirms our policy regarding returns and cancellations only being accepted on the basis of a defective product, and defects that are not caused by the delivery company.
To return any items, please e-mail us at email@example.com quoting your order number, alongside your valid reason and any photographic evidence if you feel necessary. Thinking Out Cloud Ltd will swiftly reply, and notify you of the decision, which as long as the reason suits the policy, should be next steps to return the item. The items should then be returned by an agreed delivery method, this will be advise at point of issue.
We cannot cover return postage costs. Items should be returned to us by Recorded Delivery or equivalent service. You may obtain a proof of posting at any post office, this is free of charge.
11. Price and Payment
All prices shown are correct at the time they are entered on to the system. We reserve the right, however, to change prices at any time without notice to you. This may include a drop in price, which could either be temporary or permanent, or a price rise; we reserve the right to make such amendments to pricing at any point.
Currently, we offer our services to the UK only through the website, however, overseas deliveries are a possibility; please contact us for a shipping quote. For when that time arises, orders with a delivery address outside the UK may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
Payment can be made by any major credit or debit card or via your PayPal account, transactions are taken through Paypal, however, a Paypal account is not required, you are able to use this service as a guest user on Paypal and use your credit/debit card accordingly. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with the terms and conditions, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit, debit card or PayPal account that is being used is yours, or that you have full permission from the account holder to purchase the items from www.thinkingoutcloud18.co.uk. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
12. Eligibility to Purchase
To be eligible to purchase goods on this website and lawfully enter into and form contracts on this website you must:
if an individual, be 18 years of age or over; and
register your real name, address, phone number, e-mail address any other details requested.
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
13. Intellectual Property
The content of www.thinkingoutcloud18.co.uk is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the website shall remain with us or our licensors.
You may retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on www.thinkingoutcloud18.co.uk.
14. Limitation of Liability
The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the website and any information provided by you, although we will endeavour to maintain the highest security and privacy. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the website is accurate and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the website. If we are informed of any inaccuracies in the material on the website, or of any technical issues which may indicate an error with the website, we will attempt to correct this as soon as we reasonably can, providing that it is something we have control of.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Website with any of your equipment, software or telecommunications links;
technical problems including errors or interruptions of the Website;
unsuitability, unreliability or inaccuracy of the Website; and
failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the website.
If any part of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions of the terms and conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
17. Entire Agreement
These terms and conditions form the entire basis of any agreement reached between you and Thinking Out Cloud Ltd.
18. Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
If you submit a product/company review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Thinking Out Cloud Ltd:
The content and material is accurate;
Use of the content and material you supply does not breach any applicable Thinking Out Cloud guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Coffee Head for all claims brought by a third party against Thinking Out Cloud Ltd arising out of or in connection with a breach of any of these warranties.
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