CONTENTS
Terms of Use
We recommend you keep a copy of these terms and conditions for your future reference.
These terms and conditions apply to your use of this Website and orders made on the Websites. By accessing this Website and/or placing an order on any of the Websites, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, do not use or access this Website. Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Service team on 0121 240 8477 between 9 am and 5 pm Monday to Friday (excluding bank holidays). All calls to Customer Services will be charged at the local rate (BT users only, other network charges may vary). Inbound and outbound calls may be recorded for quality monitoring and training purposes.
You may also wish to review our Refunds and Returns Policy and our Cookies Notice.
1. DEFINITIONS
“Conditions” means these terms and conditions together with any terms and conditions in the Product Description.
“Product” means any of our products displayed for sale on the Website.
“Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided.
“Users” means the users of the Website collectively.
“Personal Information” means the details provided by you on placing an order.
“We”, “us” and “our” means NicPouches.com
“Websites” means the websites located at www.NicPouches.com and any one of them, and any subsequent URL which may replace them.
“Cookies” means small text files which our Websites place on your computer’s hard drive to store information about your shopping session and to identify your computer.
“United Kingdom” means England, Wales, Scotland and Northern Ireland.
“You” means a user of this website.
2. ACCESSING OUR WEBSITES
Your access to this Website is granted in accordance with these Conditions. Any orders you place on this website are made subject to these Conditions.
We reserve the right to:
3. USE OF NICOTINE PRODUCTS
Our products are designed for adult smokers and adult e-cigarette users only. Many of our products contain nicotine which is a highly addictive substance. Nicotine-containing products should not be used by pregnant or breastfeeding women or persons in ill health. Our products are not for sale or use by those under 18 years old, and generally, all e-cigarettes and nicotine-containing products should kept out of reach of children. Whilst we ensure our products are made to high standards, you acknowledge that you use our products at your own risk.
4. PLACING AN ORDER
Also see our Refunds, Returns and Delivery Restrictions page
The technical steps required to create the contract between you and us are as follows:
If we are unable to fulfil any order due to a shortage of stock, we will contact the customer via phone call and/or email. If within 3 days we have not received a response, we will attempt to make contact once more. Should this final contact attempt fail, we will cancel and refund the product order and send email confirmation of the cancellation.
We may decline orders of over £10,000 over the Website (including multiple orders adding up to that amount over a short period). If you would like to place a large order, please call our customer services team on 0121 633 1339 between 9 am and 5 pm Monday to Friday (excluding bank holidays).
We can only deliver to the United Kingdom and the Republic of Ireland. Certain products may be unavailable to customers based on country, due to regulatory restrictions.
5. RIGHT TO CANCEL
Also see our Refunds, Returns and Delivery Restrictions page.
By law, you have the following cancellation rights when you place an order with us online or by telephone:
6. DESCRIPTION OF PRODUCTS
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our Order acceptance policy. We reserve the right to cancel an order up to the point of despatch if we have made an error in pricing. If this happens, we’ll refund you any amounts paid.
7. BUSINESS USE
We’ve selected our products on the basis that they will be used for business use only. Please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of business, we exclude (to the fullest extent permitted by law) all implied warranties and conditions including those relating to fitness for a particular purpose. Our maximum liability for business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence). In relation to business users, we do not accept liability for loss or use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8. THIRD PARTY LINKS
Sometimes we will link to other, third-party websites or resources, which we will take reasonable care to select. You acknowledge and agree that by accessing such links and resources; you have chosen to enter the linked website. We are not responsible for the content, availability or practices of such external sites or resources and you access and use them at your own risk.
9. RECOMMENDATIONS
As part of your Website experience, we may use Cookies to offer recommendations to you of products you may like based on your past purchases, top sellers, ratings and products you have recently viewed. We may also compare your interests and buying habits with the interests and habits of other customers, to show you relevant products. Also see our Cookies Notice
We take reasonable care to ensure our recommendations are in line with your behaviour as a customer on our Websites. Details of the products we recommend - such as price - are correct at the time recommendations are originally made to you, but can be subject to change without notice.
10. PERSONAL INFORMATION
Also see our Cookies Notice and Privacy Policy
On the Websites, and when you place an order, we may ask to collect certain Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.
You warrant that the Personal Information which you provide to us on the Websites is true, accurate, current and complete in all respects. You should notify us promptly of any changes to your Personal Information by updating your details whilst logged in to our Websites, or by contacting our Customer Service team by email, or by calling us on 0121 240 8477 between 9 am and 5 pm Monday to Friday (excluding bank holidays).
11. ELIGIBILITY CRITERIA
This Website is not for use by anyone under the age of 18. If you are aged under 18, you may not access any the Websites. The products offered for sale on these Websites are intended only for those aged 18 or over. Products may not be purchased by or for anyone under the age of 18.
NicPouches.com is committed to upholding both its legal and social obligations as a retailer of nicotine containing products. To achieve this, we have a number of control checks throughout the purchase and physical distribution process. For example, we may request your date of birth when the order is placed, and/or validate name, address and other personal information supplied by you during the order process against appropriate third party databases. In accepting these Conditions you agree to provide NicPouches.com truthful and accurate information.
12. INTELLECTUAL PROPERTY
You acknowledge and agree that all intellectual property rights in all material or content supplied as part of the Websites or any one of them, including all copyright, trademarks and other intellectual property, remains at all times vested in us or our licensors. You are allowed to use this material only if and as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only. You may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such a purpose. Any other use of the material and content of the Website is strictly prohibited. You may not directly or indirectly copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of material and content supplied on the Websites.
13. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
14. LIABILITY
We use reasonable endeavours to verify the accuracy of any information we place on the Website. However, we make no warranties, whether expressed or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.
This does not affect your statutory rights as a consumer, nor does it affect your cancellation rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Once products have been delivered, we accept no responsibility in the event of theft or misuse of the products. It is your responsibility to ensure that the products are used by persons aged 18 or over.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of any order you place and any related payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Websites.
Nothing in this clause shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents, or employees.
15. SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
16. WAIVER
No waiver by us shall be construed as a waiver of any prior or following breach of any provision of these conditions.
17. SURVIVAL
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
18. ENTIRE AGREEMENT
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
19. LAW
The Conditions shall be governed by and construed in accordance with the laws of England. You irrevocably submit to the exclusive jurisdiction of the courts of England for disputes arising from or related to these conditions.
20. Age Verification
By using our website you accept these terms* Where you have asked us to provide an age restricted product or service, you consent to allow us to share your information with, and collect information from, One Account Mobile Limited (1account) and third-party providers of identity data to 1account. This consent is necessary for 1account to verify that you meet the minimum age and identity verification requirements as determined by relevant UK age restriction legislation. You consent to allow 1account to retain relevant data for the purpose of future verification. All data processed by 1account is subject to appropriate security measures. Data retained by 1account is subject to periodic review to ensure it is not held for longer than necessary. You can find information about how 1account manage your personal data and view their privacy policy by visiting their website: 1account.net.
Information we collect from other sources* Where you have asked us to provide an age-restricted product or service, we may collect information from One Account Mobile Limited (1account) and third-party providers of identity data to 1account. This is necessary for 1account to verify that you meet the minimum age and identity verification requirements as determined by relevant UK age restriction legislation. We will record that your age has been successfully verified so that you don’t need to go through the process again. You can find information about how 1account manage your personal data and view their privacy policy by visiting their website: 1account.net. Who we share your information with* Where you have asked us to provide an age-restricted product or service, we may share your information with One Account Mobile Limited (1account), and third-party providers of identity data to 1account. This is necessary for 1account to verify that you meet the minimum age and identity verification requirements as determined by relevant UK age restriction legislation. 1account may retain relevant data for the purpose of future verification. All data processed by 1account is subject to appropriate security measures. Data retained by 1account is subject to periodic review to ensure it is not held for longer than necessary. You can find information about 1account managing your personal data and view their privacy policy by visiting their website: 1account.net.
21. MYSTERY BOX
The purchase of any Mystery Box with a qualifying order is final and not eligible for returns or any other exchanges. We are also unable to offer refunds on any shipping costs at this time.
Our Mystery Box offers cannot be combined with any other discounts and promotions. If applicable, shipping and tax will be applied to the order.
If a customer orders multiple Mystery Boxes across different orders, they may receive duplicate items.
NicPouches.com does not review customer purchase histories and therefore cannot guarantee that a Mystery Box will not contain similar style products that they have previously ordered from NicPouches.com.
The products inside each Mystery Box are selected randomly pertaining to the included brands that are advertised.
22. £500 Instagram Giveaway All entrants to our £500 advertisement giveaway must be 18+. Instagram accounts must belong to an 18+ user and your shared image must include a tag for @NicPouchesOnline to qualify. Winners will be chosen from either Instagram social media entries or our online entry form.
23. CONTACT
For any queries regarding our service, please contact us via email at customerservices@NicPouches.com, phone on 0121 240 8477 or post at the address below.
Prize-draw/Competition Rules:
You are £20.00 away from free delivery.
