This document determines the terms and conditions under which Holy Smoke LTD, a company incorporated in and under the Laws of the Republic of Cyprus, supplies any of the goods listed for sales (in the following “Goods”) available on the Holy Smoke LTD website www.holysmoke.com.cy (in the following “Website”) to the Consumer (being the customer effecting the order and the customer being the person effecting the purchase of the Product/s directly).
The Consumer is required to read these terms and conditions carefully, before an order is placed for any of the available Products and the Consumer acknowledges that by marking the button “Accept”, to be bound by these Terms and Conditions. Failing to “Accept” will not enable completion of an order.
By marking “Accept” (terms and conditions) the Consumer agrees as follows:
The Consumer is an individual or an organisation that buys Goods from Holysmoke LTD and “Consumer” shall have the meaning ascribed in section 12 of the United Kingdom Unfair Contract Terms Act 1977, unless and to the extent commercial entities are concerned not classified as Consumers; however for the purpose of these Terms and Conditions, Consumer shall include both commercial and private Consumers.
Contract means this contract of Sale between Holysmoke LTD and the Consumer for the sale and purchase of Goods incorporating these Terms and Conditions. Cyprus means the non-occupied territory of the Republic of Cyprus. Goods means the items, products, articles that the Consumer agrees to buy from Holysmoke LTD, via the Website or via telephone or other order. Terms and Conditions means the terms and conditions of sale set out herein and any additional special terms and conditions agreed in writing.
Nothing in these Terms and Conditions shall affect the Consumer’s statutory rights as a Consumer. These Terms and Conditions shall apply to all contracts for the sale of Goods by Holy Smoke LTD to the Consumer and shall prevail over any other documentation or communication from the Consumer. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Consumer’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 Holy Smoke LTD. Any complaints should be addressed to Holy Smoke LTD's address at Faneromeni Av 148, Larnaca, Cyprus.
All orders for Goods shall be deemed to be an offer by the Consumer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by Holy Smoke LTD. Holy Smoke LTD may choose not to accept an order for any reason. Subject to Holy Smoke Policy, where the Goods ordered by the Consumer are not available from stock the Consumer 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 immediately, the latest within 30 days.
4. Age of Consent
Where Goods may only be purchased by persons of a certain age the Consumer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods. If Holy Smoke LTD discovers that the Consumer is not legally entitled to order certain Goods, Holy Smoke LTD shall be entitled to cancel the order immediately, without notice.
5. Price and Payment
The price of the Goods is stipulated on the Website. The price is inclusive or exclusive of VAT. Added to the price will be includes delivery/shipping charges, subject to applicable Holy Smoke LTD policy. The total purchase price, including VAT and delivery charges, if any, will be displayed in the Consumer’s shopping cart prior to confirming the order. Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods. If commercial consumers located within the EU and outside Cyprus place an order, VAT exemption will be effected, to the extent a valid VAT number can be provided (VIES).
Goods supplied within Cyprus will normally be delivered within 3 (three) working days of acceptance of order. Goods supplied outside Cyprus will normally be delivered within 10 (Ten) working days of acceptance of order. Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Consumer will be notified and given the opportunity to agree a new delivery date or receive a full refund. Holy Smoke LTD shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and Holy Smoke LTD shall not be liable for any losses, costs, damages or expenses incurred by the Consumer 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 Consumer’s address specified in the order and the Consumer 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 Consumer upon delivery of the Goods.
7. International Shipping Information
If the country of delivery is not within the EU then any additional charges for customs clearance must be borne by the Consumer; Holy Smoke has no control over these charges and cannot be held responsible for these charges. Consumers are advised to contact their local customs offices.
8.Right of seller
Holy Smoke LTD reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. Holy Smoke LTD shall make every effort to ensure prices are correct at the point at which the Consumer places an order. Holy Smoke LTD reserves the right to withdraw any goods from the Website at any time. Holy Smoke LTD shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
9. Cancellation and return
The Consumer shall inspect the Goods immediately upon receipt and shall notify Holy Smoke LTD within 7 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. Some products are an oral product once opened and used it cannot be returned. 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 electronic products come with a 6 months parts warranty from date of receipt. This guarantee does not cover spare parts, such as the atomisers and the cartridges and also does not cover accidental breakage and wrong use. For example, the batteries have a life span of 500 charging cycles on average. If used excessively, this life span might be reduced to under 6 months in which case, the warranty will not provide coverage. The atomisers are also not covered, these are spare parts and, depending on usage, function for 3 weeks to 3 months. Cartridges are also spare parts and can, if not used correctly, break. The EGO C starter kits are designed to provide for 6+ months vaping (5 atomisers, 2 batteries, 5 cartridges, etc) and the warranty has to be seen against this background.
If the Consumer has any warranty claims the Product together with a description of events should be returned to Holy Smoke LTD. Holy Smoke LTD will inspect the faulty Product and either, at its full discretion: (i) offer a full or partial refund, or (ii) offer a replacement product, or (iii) repair the Product, (iv) contact its own distributor with the Product and pass on to the distributor details about the breakage, or (v) reject the claim for warranty and inform the Consumer accordingly.
Any replacement parts are warranted from the date of delivery of the original order.
11. Limitation of liability
Except as may be implied by law where the Consumer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by Holy Smoke LTD the remedies of the Consumer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and Holy Smoke LTD 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 Holy Smoke LTD for death or personal injury resulting from the negligence of Holy Smoke LTD or that of Holy Smoke LTD’s agents or employees.
No waiver by Holy Smoke LTD (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
13. Website Postings
Holy Smoke LTD reserves the right to edit or delete any content posted on any part of Holy Smoke LTD's website at any time by customers or third parties. By way of example, this could concern any statements that reasonably may be interpreted to make therapeutic or "smoking cessation" claims regarding the use of Holy Smoke LTD’s 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.
14. Force Majeure
Holy Smoke LTD 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 Holy Smoke LTD 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.
16. Changes To Terms
Holy Smoke LTD 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 Consumer upon making a purchase.
These Terms and Conditions shall be governed by and construed in accordance with the law of Cyprus and the parties hereby submit to the exclusive jurisdiction of the Cyprus courts.