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TERMS AND CONDITIONS OF SALE

1. ABOUT US AND OUR WEBSITE

1.1. Who we are. This website (and any associated microsites) is owned and operated by Gallaher Limited ("JTI UK") whose registered office address is Members Hill, Brooklands Road, Weybridge, Surrey KT13 0QU with company number 01501573 and UK VAT registration number GB689398450.

1.2. How to contact us. Making contact with us is easy. If you wish to make an enquiry, we recommend contacting our Customer Contact Centre which is available 7 days a week (including Bank Holidays but excluding Christmas Day and Boxing Day). They can be contacted online and by phone as follows:

Online: Using the Contact Us form

Phone: 0800 876 6594 (toll-free number)

Opening hours:

Monday – Friday 8.00am – 10.00pm

Saturday & Sunday 10.00am – 6.00pm

Alternatively, if you would like to write to us or intend to cancel or return a product in accordance with these terms and conditions you can do so using the "Contact us" page on our website.

1.3. What these terms cover. These are the terms and conditions on which we supply products to you (“Terms and Conditions”). Reference to “in writing” in these Terms and Conditions includes emails.

1.4. Why you should read these Terms and Conditions. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.

1.5. Use of our website. Your use of our website is governed by our Terms of Use policy which can be found here. How we use your personal information is governed by our Privacy Policy which can be found here. Please read these documents carefully, as they include important terms which apply to you.

 

2. 18+ AGE REQUIREMENT

2.1. Our products are age restricted products and it is illegal to sell our products to anyone under 18 years old. You may only purchase products from our website if you are at least 18 years old. If you are underage, you must not attempt to order any products from our website.

2.2. You will be required to complete an online age verification process conducted on our behalf by a third party, GB Group plc (company number 02415211), to prove to our satisfaction that you are at least 18 years old before you can order any of our products. More details on the age verification process please visit the FAQ section here.

3. HOW TO PLACE AN ORDER WITH US

3.1. Once your age has been verified, placing an order with us is a simple process using the following steps:

  • Create and account: No guest purchases are permitted and you will need to create an account with us to place orders. Simply click ["create account"] and follow the prompts. You will need to provide personal information such as:
  • name,
  • email address,
  • date of birth,
  • address, and
  • contact telephone number (if available).
  • Ordering online: Simply select the products you wish to purchase on our website, by clicking "Buy now" > "Add to cart" > "Checkout" and input your debit or credit card details by following the simple steps on screen. Clicking "Continue" on the ‘payment method’ page will complete your order. If you wish to order more than one product then simply click "Continue Shopping" and add any additional products to your basket.

3.2. Maximum order value. We have the right to decline orders over £700.

3.3. Maximum order amount. Each account can purchase a maximum of one 21 Day Trial.

 

4. OUR CONTRACT WITH YOU

4.1. All orders are subject to these Terms and Conditions, our Terms of Use and our Privacy Policy.

4.2. Territory: We only sell to the UK. Unfortunately we do not accept orders from or deliver to addresses outside the UK.

4.3. How we will accept your order. Completion of your order is subject always to availability of products and our acceptance of your order will take place upon your receipt of our acceptance email, at which point a contract will come into existence between you and us.

4.4. Order Confirmation. When we have accepted your order, we will provide your order confirmation by email. In all cases, we will enclose a copy of you order confirmation with your product on delivery. We recommend keeping your order confirmation in a safe place in case you have any queries. We strongly recommend that you ensure you have entered a valid email address so we can promptly provide you with your order confirmation.

4.5. Your order number. We will assign an order number to your order which will be included in our acceptance email. It will help us if you can tell us the order number whenever you contact us about your order.

4.6. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because you failed the age verification process, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

 

5. OUR PRODUCTS

5.1. Products may vary slightly from their pictures. The images of the products on our website are illustrative only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products.

5.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5.3. Minor changes to the products. We may change the product:

(i) to reflect changes in relevant laws and regulatory requirements to, for instance, the way heated tobacco products are sold; and

(ii) to implement minor technical adjustments and improvements to enhance your experience of our product.

 

6. PRICING

6.1. Prices of the products will be as shown on our website. All our prices are shown in British Pounds Sterling (GBP) and are inclusive of VAT. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.

6.2. Changes to our prices. From time to time we may change the prices of our products and any offers or discounts may be withdrawn. This will not affect the status of confirmed orders and in this case you will only pay the price contained in your order confirmation. If the price of an unconfirmed order changes, we will let you know and give you the option of cancelling the order.

6.3. When we incorrectly price your product. It is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(i) where the product's correct price is less than the price stated on our website, we will charge the lower amount when dispatching the products to you or apply a credit to your online account; and

(ii) if the product's correct price is higher than the price stated on the website, we do not have to provide the products to you at the incorrect (lower) price. In this instance we will contact you as soon as possible to inform you of this error. You will then have the option to cancel the order and receive a full refund if you have already paid the price to us or to continue to purchase the product at the correct (higher) price. We will not process your order until we have your instructions. If we are unable to contact you within a reasonable time using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

 

7. DELIVERY

7.1. Delivery costs. Unless otherwise stated in your order confirmation, the price of a product does not include delivery charges. The costs of delivery will be as displayed to you on our website.

7.2. When we will deliver the products. We will deliver them to you as soon as reasonably possible and in any event within 48 hours after the day on which we accept your order. In exceptional circumstances delivery may take longer (for example, delays resulting from Covid-19).

7.3. How we will deliver your products. We dispatch all orders via Royal Mail's Track and Trace delivery service, or equivalent (none of which are guaranteed next day delivery). We’ll send you an email once your order is dispatched so you can check on your order status, or you can track your order here.

7.4. We are not responsible for delays outside our control. If our supply of your products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this, we will not be liable for delays caused by the event, but if there is a risk of a substantial delay (being more than 14 days) you may contact us to end the contract and receive a refund for any products you have paid for but not received, as further detailed in section 7.7 below relating to undelivered products.

7.5. When you become responsible for the products. A product will be your responsibility from the time that we deliver the product to the address you have provided to us. Please inspect your products upon delivery and promptly report any problems with your products to our Customer Contact Centre (details of which are provided in section 1.2 of these Terms and Conditions).

7.6. When you own the products. You own a product once we have received payment in full.

7.7. Undelivered products. Most products are available for delivery within 48 hours, however please allow 14 days for delivery (from the date of placing your order) before reporting your order as undelivered. If we are unable to supply you with your products within this time, we will contact you to let you know and give you a revised delivery date. You may cancel your order and request a refund if this is the case as set out in section 7.4 above.

 

8. YOUR RIGHTS - CANCELLATION, RETURNS AND REFUNDS

Reason

Your rights

What you need to do

What we will do

Your purchase is faulty, damaged or you have received an incorrect product.

If the product purchased is faulty, damaged or incorrect, we may offer you an exchange or refund as appropriate.

Products with faults due to normal wear and tear or damage caused by misuse will not be replaced free of charge and no refunds will be given.

This is in addition to the Ploom Promise which sets out additional rights here.

 

Please contact our Customer Contact Centre (see section 10 below).

 

When returning a faulty, damaged or incorrect product, we may ask that you return the physical product to us and that you do this by First Class Royal Mail (Recorded Delivery).

 

Any costs associated with replacement of faulty products will be borne by us. This will include the cost of return delivery of the product to us.

 

We will refund you the price for the products including delivery costs and the costs of return, by the method you used for payment as soon as we can. If the method you used for payment has expired in the intervening period, we will refund you the price you paid for the products by cheque.

 

PLEASE NOTE: refunds can take up to 14 working days to clear from the point of processing, although timings may vary depending on your banking provider.

 

You have changed your mind about the product.

Under the Consumer Contracts Regulations 2013 ("CCR"), for most products purchased online you have a right to change your mind within 14 days and receive a refund under law.

You are entitled to cancel your contract provided that you exercise your right to cancel no later than 14 days after the day on which you receive the goods.

Your right to return or cancel products does not apply to any sealed products which cannot be returned for hygiene or health protection purposes. This means that: (i) once any sealed products have been opened by you; or (ii) if any products have been mixed inseparably with other products by you after delivery, they cannot be returned, even if the 14 day cancellation period is still running.

 

All products must be returned unused and unopened within 14 days of the order cancellation. Returns of individual products purchased as part of a bundle (e.g. Starter Bundle Packs, Trial kit) are not permitted.

 

You are still entitled to cancel your contract for sealed products if, when opened, they are faulty or otherwise not as described and are returned to us.  

You must take reasonable care of the products during the cancellation period and do not open or use the products if you have decided to cancel the order (this includes Starter Bundle Packs, Trial kits).

Please contact our Customer Contact Centre (see section 10 below). To make the process easier, you can use the model cancellation form accessed here.

 

Repackage the products you are returning securely to minimise any damage that may be caused during delivery,  including: (i) all parts, accessories, instructions and packaging (including products such as cable ties and plug covers); and (ii) a copy of your written notification or cancellation form so we can trace your order quickly.

 

Return the products to us using a reputable carrier. The products will remain your responsibility until they have been signed for at our returns address. We do not accept responsibility for products lost or damaged in the post.

 

PLEASE NOTE that returning products under the 14-day period allowed by the CCR is at your cost.

 

We will normally refund you the cost of your order within 14 days of us receiving the products back, by the method you used for payment. If the method you used for payment has expired in the intervening period, we will refund you the price you paid for the products by cheque.

 

We may make a deduction from the refund for any loss in value of the products, if the loss has been caused by unnecessary handling by you.

You want to end the contract because of something we have done or are going to do.

The reasons are:

 

(i) we have told you about an upcoming change to the product or these Terms and Conditions which you do not agree to;

(ii) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(iii) there is a risk that supply of the products may be significantly delayed because of events outside our control; or

(iv) you have a legal right to end the contract because of something we have done wrong including because we have delivered late see section10.3).

To end the contract for this reason please contact our Customer Contact Centre (see section 10 below).

 

 

We will refund you the price for the products  including delivery costs and the costs of return, by the method you used for payment as soon as we can. If the method you used for payment has expired in the intervening period, we will refund you the price you paid for the products by cheque or TT transfer.

 

PLEASE NOTE: refunds generally take up to 14 working days to clear from the point of processing, although timings may vary depending on your banking provider.

 

9. SUMMARY OF YOUR LEGAL RIGHTS UNDER THE CONSUMER RIGHTS ACT 2015 WHERE PRODUCTS ARE NOT OF SATISFACTORY QUALITY OR FIT FOR PURPOSE

9.1. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

9.2. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product, your legal rights entitle you to the following:

    • up to 30 days: if your goods are faulty, damaged or misdescribed and this is subsequently confirmed by us after a reasonable examination then you will be eligible for a refund. If you do not request a refund, we will offer a like-for-like replacement free of charge;
    • 30 days to up to 6 months after delivery: if you believe that your product is faulty, and this is subsequently confirmed by us after a reasonable examination, then you will be eligible to request a replacement. If your faulty goods can't be replaced, then you're entitled to a full refund, in most cases;  and
    • after 6 months: if you believe that your product is faulty, you must prove to our reasonable satisfaction that the product was faulty when we supplied it to you. If we are satisfied with the information that you provide and we subsequently confirm that the product is faulty after our own reasonable examination, then you will be eligible to request a replacement. You will not be eligible to request a refund. We may, however, offer you a partial refund at our discretion in circumstances where we determine that your product cannot be replaced or a like-for-like replacement is not available within a reasonable period of time. The amount of any refund will be determined by us taking into consideration the age of your product and the use that you had of it.

10. COMPLAINTS AND RETURNS

10.1. How to tell us about problems. If you have any questions or complaints about the product or delivery, or want to exercise your right to cancel, please contact our Customer Contact Centre (details provided under section 1.2 above). Please provide your name, order number, full address and (where available) your telephone number (we may not be able to resolve the issue without this information).

10.2. Returns process. When you contact us about your return, we will let you know how to make the return. You may be issued with a Returns Authorisation Code. You may also be required to complete a Returns Form and return this with your product.

10.3. How to return a product we delivered late. When returning a product we delivered late we will provide you with a pre-paid envelope to return the product to us.

 

11. OUR LIABILITY

11.1. We are responsible for foreseeable loss and damaged caused by us. If we fail to comply with these terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breaking of this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if it is contemplated by you and us at the time we accept your order.

11.2. We are not liable for business losses. We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by UK law.

 

12. 21 DAY TRIAL

12.1. We are offering our consumers the chance to trial Ploom for 21 days with minimum commitment via e-mail, Ploom stores and/or by direct mail ("Trial").

12.2. Eligibility. To be eligible to participate in this programme, you must be aged 18 or over and you must be a current smoker and have a registered account on our website. The 21 Day Trial must be the first purchase made on your account in order to qualify.

12.3. Acceptance of Terms. When you place a Trial order through our website or through one of our Ploom Stores you agree to these Terms & Conditions.

12.4. Personal Information. We, or entities we instruct, collect and store some of the personal information you provide when you place a Trial order, for the purpose of processing your order. Please read our Privacy Policy  for more information about how we use and protect your personal information.

12.5. Starting your Trial. When you place a Trial order through our website or in one of our Ploom Stores you will be charged £10 for your Ploom Starter Bundle (which includes the device and 5 packs of Evo tobacco sticks of your choice).

12.6. Payment. If you wish to keep your device at the end of the Trial, we will use the original payment details to process the amount for the device stated when you began the Trial. Please note that you will only be charged £10 to start your 21 Day Trial. Depending on your bank, your statement may show a pending transaction for £19. Please be assured the remaining balance will not be charged until such time as the trial ends and only if you have kept the device. 

12.7. Delivery. See section 7 (Delivery) for more information. You will receive an email confirmation once your order has been dispatched and tracking information will be sent via SMS and email from our trusted third-party fulfilment partner.

12.8. Returns and Refunds. At the end of your Trial, you will have the option to:

  • Keep your device: If we do not receive the device within 28 days of the start date of your Trial we will charge you by the method you used for payment for your device for the full value of the device. We also reserve the right to charge you if you do not maintain proper care of the device during your Trial.
  • Return your device: Should you wish to return your device at the end of your Trial please inform the Customer Contact Centre via phone or using the Contact Us form. We will cover the cost of the return. You cannot return Evo tobacco sticks with your device at the end of your Trial. You may only return unopened Evo tobacco sticks if you wish to cancel your order within the 14 day cooling off period and provided the whole Trial kit is returned unopened. For more information please see section 8 (Your Rights - Cancellation, Returns And Refunds).

12.9. Customer Care and Communication. Provided that you have opted in for the relevant communications, one of our Ploom representatives will contact you at various points during your Trial via email, SMS or telephone to provide you with all the support you need and to see how you are getting on. If you have opted-out of receiving marketing communications, you will still receive our customer care communications but we will not send you any marketing communications. If you opt-in to receive marketing communications from us, we do not share your details with any third-party marketers. You may opt-out of receiving any future marketing communications from us at any time by following the "unsubscribe" link provided in each email we send to you.

 

13 REFER A FRIEND

13.1 Refer a Friend Definitions

‘Referrer’ – means the registered Ploom account holder recommending a Friend to Ploom.

‘Friend’ – means a friend of the Referrer who is 18 or over and who is an existing adult smoker who receives a Referral Code from the Referrer.

‘Referral Code’ - means the unique code with a Referrer can use to recommend a Friend to Ploom and which entitles the friend to £10 off their first purchase of a Ploom Starter Bundle, or such other reward that is communicated by Us from time to time.

Referral Date’- means the date the Referral Code is sent by the Referrer to the Friend.

‘Reward’ – means the £20 credit code sent to the Referrer by email once a Friend has used their Referral Code or such other reward that is communicated by Us from time to time.

13.2 The Referrer:

  • Must be an existing registered Ploom account holder.
  • Must ensure they have obtained their Friend’s permission before referring them and sharing with them their Referral Code.
  • Can make multiple referrals subject to these terms and conditions. Provided that these terms and conditions are complied with they will receive a Reward for each Friend they refer.
  • Must only share the Referral Code with Friends via email and must not be shared on social media or on large scale sharing platforms.

13.3 The Friend

  • Must be 18 or over and an existing smoker.
  • Must not already have a registered Ploom account.
  • Must be a first time purchaser on ploom.co.uk and must not have used Ploom Refer a Friend before.

13.4 How to Refer a Friend

  • The Referrer must log in to their Ploom account to access their Referral Code which will be found from within their My Account Dashboard.
  • The Referrer must copy and share the Referral Code with their Friends who are 18 or over and existing adult smokers.
  • The Friend will be required to create a Ploom account and use the Referral Code at checkout when making their first purchase of a Ploom Starter Bundle.
  • Upon the Friend making their first purchase of a Ploom Starter Bundle the Referrer will then receive a Reward.
  • The Referrer can at any time check the status of referrals, including which Friends have been referred and have used their codes, from within their My Account Dashboard.
  • You cannot refer yourself or the same Friend multiple times

13.5 Referral Codes. Referral Codes can be redeemed once per Friend only against the first purchase of a Ploom Starter Bundle. A Friend has 12 months from the Referral Date to redeem the Referral Code upon which time their use of the Referral Code will then expire.

13.6 Rewards. Rewards shall expire 1 month after a Friend has used the Referral Code and placed their first order. Each Reward can be redeemed once only. Rewards are redeemable against any purchases on ploom.co.uk. However, please note that if you use your Reward on a purchase of less than £20 or such other value of the Reward, the balance will not be credited to your account. Rewards shall not be redeemable against the 21-Day Trial. Rewards cannot be used in conjunction with any other offers or promotions and only one Reward can be applied to any order. Rewards are non-refundable, non-transferable, have no cash value and are not redeemable against delivery charges. Subject to availability and while stocks last.

13.7 We reserve the right to refuse the issue of any code to a Referrer or the use of a Referral Code by a Friend, or the use of  at any time, if We reasonably believe that the Referrer or Friend is abusing this programme or is otherwise in breach of these terms and conditions.

13.8 We reserve the right to amend or terminate the Ploom Refer a Friend programme at any time without notice. In the event We decide to offer an alternative Reward We shall communicate it to affected customers. Any changes to the Ploom Refer a Friend mechanic or new terms and conditions will be available on the ploom.co.uk website. The terms and conditions on the website at the time a Referrer or Friend uses the Refer a Friend programme will be the ones that apply.

These terms and conditions are governed in accordance with the laws of England & Wales.

 

14 REFER A FRIEND TO A MENTOR “RAFTAM”

14.1 Refer A Friend To A Mentor Definitions

‘RAFTAM Referrer’ – means the individual, that has received a Ploom demonstration or purchased Ploom, recommending a Friend to a Ploom Mentor.
‘RAFTAM Friend’ – means a friend of the RAFTAM Referrer who is aged 18 or over and a smoker.

‘RAFTAM Reward’ – means the £20 Amazon gift voucher sent to the RAFTAM Referrer via the initial form of contact (SMS or email) once a Friend has made a purchase of a Ploom bundle or registered for a 21-day trial, or such other reward that is communicated by Us from time to time.

14.2 The RAFTAM Referrer:

  • Must be an individual that has consented to contact from, and has previously interacted with, the Ploom Mentor by either receiving a Ploom demonstration or purchasing Ploom.
  • Must ensure they have obtained their RAFTAM Friend’s permission to share their details with Ploom.
  • Can make multiple referrals subject to these terms and conditions. Provided that these terms and conditions are complied with they will receive a RAFTAM Reward for each RAFTAM Friend they refer.

14.3 The RAFTAM Friend

  • Must be aged 18 or over and a smoker.
  • Must not already have a registered Ploom account.
  • Must be a first time purchaser on ploom.co.uk and must not have participated in the Ploom Refer a Friend programme or undertaken a 21 day trial of Ploom before.

14.4 How to Refer A Friend to a Mentor

  • The RAFTAM Referrer will receive a request to refer a RAFTAM Friend from a Ploom Mentor via their preferred method of communication (SMS or Email).
  • The RAFTAM Referrer must confirm any RAFTAM Friend to whom they wish to refer to a Mentor is 18 or over, a smoker, and interested in hearing about Ploom.
  • The RAFTAM Referrer must share the link to the referral form in the communication  for their RAFTAM Friend who is 18 or over, a smoker and has given permission to the RAFTAM Referrer to share their details with Ploom.
  • The RAFTAM Friend will be contacted by a Ploom Mentor, referencing the Ploom Refer a Friend to a Mentor programme, the RAFTAM Referrer’s name and offering a product demonstration, tasting and further information about the product and pricing.
  • Upon the RAFTAM Friend either registering for a 21-day trial or making their first purchase of a Ploom Bundle the RAFTAM Referrer will receive a RAFTAM Reward.
  • The RAFTAM Referrer can at any time check the status of referrals by contacting the Ploom Mentor.
  • You cannot refer yourself or the same RAFTAM Friend multiple times.

14.5 RAFTAM Rewards. Use of Amazon gift vouchers shall be subject to and expire in line with Amazon’s gift voucher terms and conditions on amazon.co.uk. Each Reward can be redeemed once only. Rewards are non-exchangeable, non-transferable and no cash alternative is offered.  

14.6 Conditions. We reserve the right to refuse a RAFTAM Friend referral from a RAFTAM Referrer at any time, if We reasonably believe that the RAFTAM Referrer or RAFTAM Friend is abusing this programme or is otherwise in breach of these terms and conditions.

We reserve the right to amend or terminate the Ploom Refer a Friend to a Mentor programme at any time without notice. In the event We decide to offer an alternative RAFTAM Reward We shall communicate it to affected RAFTAM Referrers. Any changes to the Ploom Refer a Friend to a Mentor programme or its terms and conditions will be available on the ploom.co.uk website. The terms and conditions on the ploom.co.uk website at the time a RAFTAM Referrer refers a RAFTAM Friend to a Mentor will be the ones that apply.

 

15. PLOOM PROMISE

15.1. Ploom product warranty. In order to ensure you have the best possible experience with our products, we offer customers a free 12 month warranty on all new devices purchased direct from through our website or in our Ploom Stores or Accredited Retailers (retail partners who sell Ploom devices and EVO sticks). This is not an insurance policy.

15.2. How you get your warranty. You will need to ensure your device is linked to your account on our website so that your warranty details are always available. If your device is not registered, you will need to provide proof of purchase in order to claim against your warranty.

15.3. How the warranty works. Our warranty provides cover against faults during normal use. This means that if your product develops a fault during the warranty period, we will arrange for it to be replaced free of charge. If you receive a replacement device your 12 month warranty renews for the replacement device.

15.4. How to make a claim against the warranty. If you believe that your products are faulty please contact our Customer Contact Centre or visit a Ploom Store (see our FAQs below for more information). We will perform a diagnostic with you over the phone or in person to identify the fault and if necessary we will provide a replacement. If no equivalent product is available we’ll always do our best to make sure that you’re satisfied with the outcome. If you return a product to us which is not faulty, then we may return the items to you or offer you a replacement at your own cost.

15.5. Warranty exclusions. There are some specific exclusions from our warranty that you need to be aware of before you contact us. The warranty does not apply to the following:

  • Products which have been purchased more than 12 months beforehand
  • Consumables such as Evo tobacco sticks
  • If the product has been used commercially or for business purposes
  • Cosmetic wear and tear such as scratches, dents, corrosion or colour where the function of the product is unaffected
  • Any loss suffered as a result of not being able to use the product, or any loss over and above the purchase price of the original item
  • Products that have been tampered with or serviced by a non-Ploom approved retailer
  • Deliberate damage or neglect of the product
  • Second hand products
  • Accessories such as chargers and docking stations

15.6. Territory. Our warranty only applies to products purchased in the United Kingdom.

15.7. Accidental damage. If your device suffers accidental and unintended damage that affects the functionality of your device which is not caused by your misuse you may be eligible for a replacement device as described in this section. In order to receive a replacement device, you must return the damaged device to us. You can do this via a Ploom Store or contact the Customer Contact Centre and you will be provided with a replacement device of the same type equivalent to a new device in performance and reliability. If a replacement device of the same type is not available, a device which is at least functionally equivalent will be provided as a replacement. We will keep all replaced devices.

15.8. Accidental Damage limitations. You must take all reasonable precautions to protect your device and use and maintain the device in accordance with its instructions and user guide. If you do not do so then you are not entitled to a replacement device. You are limited to 1 replacement device for accidental damage for each registered device (however you can still receive the remaining warranty services until the end of your warranty period).

15.9. Accidental Damage exclusions. You will not be eligible under this accidental damage warranty if:

  • the damage is caused by abuse or misuse, or actual, or attempted, modification or alteration of the device, power surge;
  • the device has been opened, serviced, modified or altered in a manner not authorised by JTI;
  • as a result of the loss or theft of your device;
  • cosmetic damage to your device which does not affect the functionality of the device, including, but not limited to, hairline cracks, scratches, dents, broken plastic on ports and discolouration;
  • damage or failure caused by normal wear and tear and/or usage of the device;
  • improper handling, or liquid contact, damage from fire, flood, or natural disaster or acts of God; and
  • damages caused due to use with non-compatible product.

15.10. Making a claim under accidental damage. You must report your claim to our Customer Contact Centre as soon as possible and provide the following information: (1) the serial number for the affected device; (2) description of the symptoms, problems with or causes of the damage to the device; (3) error messages; and (4) actions taken before the device experienced problems and any steps you took to resolve the problem.

15.11. Returns. You must follow the packaging and mailing instructions given by our Customer Contact Centre for shipping the affected device to us. Please do not send any accessories that are not supported by this accidental damage replacement, including Evo tobacco sticks. These items will not be returned and they will be destroyed.

 

16. EVENTS OUTSIDE OUR CONTROL

16.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by an event outside our control for example strikes, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, government actions, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.2. If we are unable to perform our obligations to you as a result of any event outside our control we will contact you as soon as reasonably possible and our obligations to you shall be suspended for the duration of the event outside our control. If this affects our delivery of products to you, we will arrange a new delivery date with you as soon as we are able to confirm this.

 

17. ABOUT THESE TERMS AND CONDITIONS

17.1. When these Terms and Conditions start to apply. These Terms and Conditions came into force on 2 November 2020 and apply to all orders made on or after midnight on that date.

17.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation.

17.3. Nobody else has any rights under these Terms and Conditions. This contract is between you and us. Subject to section 15.2, no other person shall have any rights to enforce any of its terms.

17.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

17.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17.6. Amendments to these Terms and Conditions. As we may occasionally amend these Terms and Conditions you should check them each time you wish to place an order to ensure you understand the Terms and Conditions that will apply to that order.

17.7. These Terms and Conditions do not affect your statutory rights. If you want more information on these rights, they are available from your local Trading Standards Department or Citizens Advice Bureau.

17.8. Which laws apply to this contract and where you may bring legal proceedings. These Terms and Conditions are governed by English law and the English courts shall have exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these Terms and Conditions.

 

 

v 1.2 – EFFECTIVE AUGUST 2021

 

1. ABOUT US AND OUR WEBSITE

1.1. Who we are. This website (and any associated microsites) is owned and operated by Gallaher Limited ("JTI UK") whose registered office address is Members Hill, Brooklands Road, Weybridge, Surrey KT13 0QU with company number 01501573 and UK VAT registration number GB689398450.

1.2. How to contact us. Making contact with us is easy. If you wish to make an enquiry, we recommend contacting our Customer Contact Centre which is available 7 days a week (including Bank Holidays but excluding Christmas Day and Boxing Day). They can be contacted by email and phone as follows:

Email: Contact Us

Phone: 0800 876 6594

Opening hours:

Monday – Friday 8.00am – 10.00pm

Saturday & Sunday 10.00am – 6.00pm

Alternatively, if you would like to write to us or intend to cancel or return a product in accordance with these terms and conditions you can do so using the "Contact US" page on our website.

1.3. What these terms cover. These are the terms and conditions on which we supply products to you (“Terms and Conditions”). Reference to “in writing” in these Terms and Conditions includes emails.

1.4. Why you should read these Terms and Conditions. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.

1.5. Use of our website. Your use of our website is governed by our Terms of Use policy which can be found here. How we use your personal information is governed by our Privacy Policy which can be found here. Please read these documents carefully, as they include important terms which apply to you.

 

2. 18+ AGE REQUIREMENT

2.1. Our products are age restricted products and it is illegal to sell our products to anyone under 18 years old. You may only purchase products from our website if you are at least 18 years old. If you are underage, you must not attempt to order any products from our website.

2.2. You will be required to complete an online age verification process conducted on our behalf by a third party, GB Group plc (company number 02415211), to prove to our satisfaction that you are at least 18 years old before you can order any of our products. More details on the age verification process please visit the FAQ section here.

 

3. HOW TO PLACE AN ORDER WITH US

3.1. Once your age has been verified, placing an order with us is a simple process using the following steps:

  • Create and account: No guest purchases are permitted and you will need to create an account with us to place orders. Simply click ["create account"] and follow the prompts. You will need to provide personal information such as:
  • name,
  • email address,
  • date of birth,
  • address, and
  • contact telephone number (if available).
  • Ordering online: Simply select the products you wish to purchase on our website, by clicking "Buy now" > "Add to cart" > "Checkout" and input your debit or credit card details by following the simple steps on screen. Clicking "Continue" on the ‘payment method’ page will complete your order. If you wish to order more than one product then simply click "Continue Shopping" and add any additional products to your basket.

3.2. Maximum order value. We have the right to decline orders over £700.

 

4. OUR CONTRACT WITH YOU

All orders are subject to these Terms and Conditions, our Terms of Use and our Privacy Policy.

4.1. Territory: We only sell to the UK. Unfortunately we do not accept orders from or deliver to addresses outside the UK.

4.2. How we will accept your order. Completion of your order is subject always to availability of products and our acceptance of your order will take place upon your receipt of our acceptance email, at which point a contract will come into existence between you and us.

4.3. Order Confirmation. When we have accepted your order, we will provide your order confirmation by email. In all cases, we will enclose a copy of you order confirmation with your product on delivery. We recommend keeping your order confirmation in a safe place in case you have any queries. We strongly recommend that you ensure you have entered a valid email address so we can promptly provide you with your order confirmation.

4.4. Your order number. We will assign an order number to your order which will be included in our acceptance email. It will help us if you can tell us the order number whenever you contact us about your order.

4.5. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because you failed the age verification process, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

 

5. OUR PRODUCTS

5.1. Products may vary slightly from their pictures. The images of the products on our website are illustrative only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products.

5.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5.3. Minor changes to the products. We may change the product:

(i) to reflect changes in relevant laws and regulatory requirements to, for instance, the way heated tobacco products are sold; and

(ii) to implement minor technical adjustments and improvements to enhance your experience of our product.

 

6. PRICING

6.1. Prices of the products will be as shown on our website. All our prices are shown in British Pounds Sterling (GBP) and are inclusive of VAT. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.

6.2. Changes to our prices. From time to time we may change the prices of our products and any offers or discounts may be withdrawn. This will not affect the status of confirmed orders and in this case you will only pay the price contained in your order confirmation. If the price of an unconfirmed order changes, we will let you know and give you the option of cancelling the order.

6.3. When we incorrectly price your product. It is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

(i) where the product's correct price is less than the price stated on our website, we will charge the lower amount when dispatching the products to you or apply a credit to your online account; and

(ii) if the product's correct price is higher than the price stated on the website, we do not have to provide the products to you at the incorrect (lower) price. In this instance we will contact you as soon as possible to inform you of this error. You will then have the option to cancel the order and receive a full refund if you have already paid the price to us or to continue to purchase the product at the correct (higher) price. We will not process your order until we have your instructions. If we are unable to contact you within a reasonable time using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

 

7. DELIVERY

7.1. Delivery costs. Unless otherwise stated in your order confirmation, the price of a product does not include delivery charges. The costs of delivery will be as displayed to you on our website.

7.2. When we will deliver the products. We will deliver them to you as soon as reasonably possible and in any event within 48 hours after the day on which we accept your order. In exceptional circumstances delivery may take longer (for example, delays resulting from Covid-19).

7.3. How we will deliver your products. We dispatch all orders via Royal Mail's Track and Trace delivery service, or equivalent (none of which are guaranteed next day delivery). We’ll send you an email once your order is dispatched so you can check on your order status, or you can track your order here.

7.4. We are not responsible for delays outside our control. If our supply of your products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this, we will not be liable for delays caused by the event, but if there is a risk of a substantial delay (being more than 14 days) you may contact us to end the contract and receive a refund for any products you have paid for but not received, as further detailed in section 7.7 below relating to undelivered products.

7.5. When you become responsible for the products. A product will be your responsibility from the time that we deliver the product to the address you have provided to us. Please inspect your products upon delivery and promptly report any problems with your products to our Customer Contact Centre (details of which are provided in section 1.2 of these Terms and Conditions).

7.6. When you own the products. You own a product once we have received payment in full.

7.7. Undelivered products. Most products are available for delivery within 48 hours, however please allow 14 days for delivery (from the date of placing your order) before reporting your order as undelivered. If we are unable to supply you with your products within this time, we will contact you to let you know and give you a revised delivery date. You may cancel your order and request a refund if this is the case as set out in section 7.4 above.

 

8. YOUR RIGHTS - CANCELLATION, RETURNS AND REFUNDS

Reason Your rights What you need to do What we will do
Your purchase is faulty, damaged or you have received an incorrect product.

If the product purchased is faulty, damaged or incorrect, we may offer you an exchange or refund as appropriate.

Products with faults due to normal wear and tear or damage caused by misuse will not be replaced free of charge and no refunds will be given.

This is in addition to the Ploom Promise which sets out additional rights here.

Please contact our Customer Contact Centre (see section 10 below).

When returning a faulty, damaged or incorrect product, we may ask that you return the physical product to us and that you do this by First Class Royal Mail (Recorded Delivery).

Any costs associated with replacement of faulty products will be borne by us. This will include the cost of return delivery of the product to us.

We will refund you the price for the products including delivery costs and the costs of return, by the method you used for payment as soon as we can. If the method you used for payment has expired in the intervening period, we will refund you the price you paid for the products by cheque.

PLEASE NOTE: refunds can take up to 14 working days to clear from the point of processing, although timings may vary depending on your banking provider.

 You have changed your mind about the product.

Under the Consumer Contracts Regulations 2013 ("CCR"), for most products purchased online you have a right to change your mind within 14 days and receive a refund under law.

You are entitled to cancel your contract provided that you exercise your right to cancel no later than 14 days after the day on which you receive the goods.

Your right to return or cancel products does not apply to any sealed products which cannot be returned for hygiene or health protection purposes. This means that: (i) once any sealed products have been opened by you; or (ii) if any products have been mixed inseparably with other products by you after delivery, they cannot be returned, even if the 14 day cancellation period is still running.

You are still entitled to cancel your contract for sealed products if, when opened, they are faulty or otherwise not as described and are returned to us.  

You must take reasonable care of the products during the cancellation period.

Please contact our Customer Contact Centre (see section 10 below). To make the process easier, you can use the model cancellation form accessed here.

Repackage the products you are returning securely to minimise any damage that may be caused during delivery,  including: (i) all parts, accessories, instructions and packaging (including products such as cable ties and plug covers); and (ii) a copy of your written notification or cancellation form so we can trace your order quickly.

Return the products to us using a reputable carrier. The products will remain your responsibility until they have been signed for at our returns address. We do not accept responsibility for products lost or damaged in the post.

PLEASE NOTE that returning products under the 14-day period allowed by the CCR is at your cost.

We will normally refund you the cost of your order within 14 days of us receiving the products back, by the method you used for payment. If the method you used for payment has expired in the intervening period, we will refund you the price you paid for the products by cheque.

We may make a deduction from the refund for any loss in value of the products, if the loss has been caused by unnecessary handling by you.
You want to end the contract because of something we have done or are going to do.

The reasons are:

(i) we have told you about an upcoming change to the product or these Terms and Conditions which you do not agree to;

(ii) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(iii) there is a risk that supply of the products may be significantly delayed because of events outside our control; or

(iv) you have a legal right to end the contract because of something we have done wrong including because we have delivered late see section 10.3).

To end the contract for this reason please contact our Customer Contact Centre (see section 10 below).

We will refund you the price for the products  including delivery costs and the costs of return, by the method you used for payment as soon as we can. If the method you used for payment has expired in the intervening period, we will refund you the price you paid for the products by cheque or TT transfer.

PLEASE NOTE: refunds generally take up to 14 working days to clear from the point of processing, although timings may vary depending on your banking provider.

 

9. SUMMARY OF YOUR LEGAL RIGHTS UNDER THE CONSUMER RIGHTS ACT 2015 WHERE PRODUCTS ARE NOT OF SATISFACTORY QUALITY OR FIT FOR PURPOSE

9.1. This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

9.2. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product, your legal rights entitle you to the following:

  • up to 30 days: if your goods are faulty, damaged or misdescribed and this is subsequently confirmed by us after a reasonable examination then you will be eligible for a refund. If you do not request a refund, we will offer a like-for-like replacement free of charge;
  • 30 days to up to 6 months after delivery: if you believe that your product is faulty, and this is subsequently confirmed by us after a reasonable examination, then you will be eligible to request a replacement. If your faulty goods can't be replaced, then you're entitled to a full refund, in most cases; and
  • after 6 months: if you believe that your product is faulty, you must prove to our reasonable satisfaction that the product was faulty when we supplied it to you. If we are satisfied with the information that you provide and we subsequently confirm that the product is faulty after our own reasonable examination, then you will be eligible to request a replacement. You will not be eligible to request a refund. We may, however, offer you a partial refund at our discretion in circumstances where we determine that your product cannot be replaced or a like-for-like replacement is not available within a reasonable period of time. The amount of any refund will be determined by us taking into consideration the age of your product and the use that you had of it.

 

10. COMPLAINTS AND RETURNS

10.1. How to tell us about problems. If you have any questions or complaints about the product or delivery, or want to exercise your right to cancel, please contact our Customer Contact Centre (details provided under section 1.2 above). Please provide your name, order number, full address and (where available) your telephone number (we may not be able to resolve the issue without this information).

10.2. Returns process. When you contact us about your return, we will let you know how to make the return. You may be issued with a Returns Authorisation Code. You may also be required to complete a Returns Form and return this with your product.

10.3. How to return a product we delivered late. When returning a product we delivered late we will provide you with a pre-paid envelope to return the product to us.

 

11. OUR LIABILITY

11.1. We are responsible for foreseeable loss and damaged caused by us. If we fail to comply with these terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breaking of this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if it is contemplated by you and us at the time we accept your order.

11.2. We are not liable for business losses. We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by UK law.

 

12. 21 DAY TRIAL

12.1.  We are offering our consumers the chance to trial Ploom for 21 days with minimum commitment via e-mail, Ploom stores and/or by direct mail ("Trial").

12.2. Eligibility. To be eligible to participate in this programme, you must be aged 18 or over and you must be a current smoker or use nicotine products and have a registered account on our website.

12.3.  Acceptance of Terms. When you place a Trial order through our website or through one of Ploom Lounges you agree to these Terms & Conditions.

12.4. Personal Information. We, or entities we instruct, collect and store some of the personal information you provide when you place a Trial order, for the purpose of processing your order. Please read our Privacy Policy for more information about how we use and protect your personal information.

12.5. Starting your Trial. When you place a Trial order through our website or in one of our Ploom Lounges you will be charged £10 for your Ploom bundle (which includes the device and 5 packs of Evo tobacco sticks of your choice).

12.6. Payment. If you wish to keep your device at the end of the Trial, we will use the original payment details to process the amount for the device stated when you began the Trial.

12.7. Delivery. See section 7 (Delivery) for more information. You will receive an email confirmation once your order has been dispatched and tracking information will be sent via SMS and email from our trusted third-party fulfilment partner.

12.8. Returns and Refunds. At the end of your Trial, you will have the option to:

  • Keep your device: If you wish to keep your device, you will pay the balance of the device (at the cost communicated to you when you placed the order). Please notify [insert who and how they inform JTI] via SMS or email and we will charge you by the method you used for payment for your device at the start of the Trial.
  • Return your device: Should you wish to return your device at the end of your Trial please inform [insert who and how they inform JTI] via SMS or email. We will cover the cost of the return. You cannot return Evo tobacco sticks with your device at the end of your Trial. You may only return unopened Evo tobacco sticks if you wish to cancel your order within the 14 day cooling off period. If you purchase your Trial online you have the right to cancel your order within 14 days of receiving it. For more information please see section 8 (Your Rights - Cancellation, Returns And Refunds).

12.9. If you do not reply. If we do not hear from you within 21  days of the start of your Trial we will charge your card or PayPal account the full value of the device. If you inform us that you wish to return your device but we do not receive the device within 28 days of the start date of your Trial we will charge you by the method you used for payment for your device for the full value of the device. We also reserve the right to charge you if you do not maintain proper care of the device during your Trial.

12.10. Customer Care and Communication. Provided that you have opted in for the relevant communications, one of our Ploom representatives will contact you at various points during your Trial via email, SMS or telephone to provide you with all the support you need and to see how you are getting on. If you have opted-out of receiving marketing communications, you will still receive our customer care communications but we will not send you any marketing communications. If you opt-in to receive marketing communications from us, we do not share your details with any third-party marketers. You may opt-out of receiving any future marketing communications from us at any time by following the "unsubscribe" link provided in each email we send to you.

 

13. PLOOM PROMISE

13.1. Ploom product warranty. In order to ensure you have the best possible experience with our products, we offer customers a free 12 month warranty on all new devices purchased direct from through our website or in our Ploom Lounges. This is not an insurance policy.

13.2. How you get your warranty. You will need to ensure your device is linked to your account on our website so that your warranty details are always available. If your device is not registered, you will need to provide proof of purchase in order to claim against your warranty.

13.3. How the warranty works. Our warranty provides cover against faults during normal use. This means that if your product develops a fault during the warranty period, we will arrange for it to be replaced free of charge. If you receive a replacement device your 12-month warranty renews for the replacement device.

13.4. How to make a claim against the warranty. If you believe that your products are faulty please contact our Customer Contact Centre or visit a Ploom Lounge (see our FAQs below for more information). We will perform a diagnostic with you over the phone or in person to identify the fault and if necessary we will provide a replacement. If no equivalent product is available we’ll always do our best to make sure that you’re satisfied with the outcome. If you return a product to us which is not faulty, then we may return the items to you or offer you a replacement at your own cost.

13.5. Warranty exclusions. There are some specific exclusions from our warranty that you need to be aware of before you contact us. The warranty does not apply to the following:

  • Products which have been used for more than [7,300 cycles]
  • Consumables such as Evo tobacco sticks
  • If the product has been used commercially or for business purposes
  • Cosmetic wear and tear such as scratches, dents, corrosion or colour where the function of the product is unaffected
  • Any loss suffered as a result of not being able to use the product, or any loss over and above the purchase price of the original item
  • Products that have been tampered with or serviced by a non-Ploom approved retailer
  • Deliberate damage or neglect of the product
  • Second hand products
  • Accessories such as chargers and docking stations

13.6. Territory. Our warranty only applies to products purchased in the United Kingdom.

13.7. Accidental damage. If your device suffers accidental and unintended damage that affects the functionality of your device which is not caused by your misuse you may be eligible for a replacement device as described in this section. In order to receive a replacement device, you must send or give the damaged device to Ploom Customer Care or a member of staff at the Ploom Lounges and you will be provided with a replacement device of the same type equivalent to a new device in performance and reliability. If a replacement device of the same type is not available, a device which is at least functionally equivalent will be provided as a replacement. We will keep all replaced devices.

13.8. Accidental Damage limitations. You must take all reasonable precautions to protect your device and use and maintain the device in accordance with its instructions and user guide. If you do not do so then you are not entitled to a replacement device. [You are limited to 1 replacement device for accidental damage for each registered device]  (however you can still receive the remaining warranty services until the end of your warranty period).

13.9. Accidental Damage exclusions. You will not be eligible under this accidental damage warranty if:

  • the damage is caused by abuse or misuse, or actual, or attempted, modification or alteration of the device, power surge;
  • the device has been opened, serviced, modified or altered in a manner not authorised by JTI;
  • as a result of the loss or theft of your device;
  • cosmetic damage to your device which does not affect the functionality of the device, including, but not limited to, hairline cracks, scratches, dents, broken plastic on ports and discolouration;
  • damage or failure caused by normal wear and tear and/or usage of the device;
  • improper handling, or liquid contact, damage from fire, flood, or natural disaster or acts of God; and
  • damages caused due to use with non-compatible product.

13.10.Making a claim under accidental damage. You must report your claim to our Customer Contact Centre as soon as possible and provide the following information: (1) the serial number for the affected device; (2) description of the symptoms, problems with or causes of the damage to the device; (3) error messages; and (4) actions taken before the device experienced problems and any steps you took to resolve the problem.

13.11. Returns. You must follow the packaging and mailing instructions given by our Customer Contact Centre for shipping the affected device to us. Please do not send any accessories that are not supported by this accidental damage replacement, including Evo tobacco sticks. These items will not be returned and they will be destroyed.

 

14. EVENTS OUTSIDE OUR CONTROL

14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by an event outside our control for example strikes, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, government actions, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14.2. If we are unable to perform our obligations to you as a result of any event outside our control we will contact you as soon as reasonably possible and our obligations to you shall be suspended for the duration of the event outside our control. If this affects our delivery of products to you, we will arrange a new delivery date with you as soon as we are able to confirm this.

15. ABOUT THESE TERMS AND CONDITIONS

15.1. When these Terms and Conditions start to apply. These Terms and Conditions came into force on 2 November 2020 and apply to all orders made on or after midnight on that date.

15.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation.

15.3. Nobody else has any rights under these Terms and Conditions. This contract is between you and us. Subject to section 15.2, no other person shall have any rights to enforce any of its terms.

15.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

15.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.6. Amendments to these Terms and Conditions. As we may occasionally amend these Terms and Conditions you should check them each time you wish to place an order to ensure you understand the Terms and Conditions that will apply to that order.

15.7. These Terms and Conditions do not affect your statutory rights. If you want more information on these rights, they are available from your local Trading Standards Department or Citizens Advice Bureau.

15.8. Which laws apply to this contract and where you may bring legal proceedings. These Terms and Conditions are governed by English law and the English courts shall have exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these Terms and Conditions.

 

TERMS AND CONDITIONS OF SALE v 1.0– EFFECTIVE 2 NOVEMBER 2020