Updated 12th MAY 2017
WARNING MAY CONTAIN NUTS!
fog makers does not accept any responsibility for any medical treatment, allergic reactions, health problems and reactions with our products. If any of the above happens please contact doctor as soon as possible.
*please use a nicotine calculator before using a nicotine shot. Bottles are marked for use with our products. We are not liable for any mistakes of over strengthening the nicotine in your bottle*
IMPORTANT LEGAL NOTICE
This page tells you the terms and conditions on which We sell any of the products listed on our website www.fogmakers.co.uk to you. Please read these terms and conditions carefully before ordering any Products from our site.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
www.fogmakers.co.uk. Our operation office at: 6 daulston road, Portsmouth, Hampshire, po1 5rn.
Our email address is: firstname.lastname@example.org
2. YOUR STATUS
By placing an order through our site, you warrant that:
2.1. You are legally capable of entering into binding contracts;
2.2. You are at least 18 years old; and,
2.3. You are resident in one of the Serviced Countries.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1. After placing an order, you will receive an e-mail notification from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched. The contract between us will only be formed when We send you the Dispatch Confirmation.
3.2. We will not process your order until payment has been received in full in accordance with the provisions of clause 4.
3.3 If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Return Policy.
3.4. The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.5. We are entitled to refuse any order made by you for any reason.
3.6. When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit/debit card and PayPal used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
4. PRICE AND PAYMENT
4.1. The price payable for the Products shall be as shown on the Website. Prices advertised on the Website include UK VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.
4.2. Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
4.3. Prices are subject to change without notice but changes will not affect orders which We have already accepted.
4.4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
4.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
4.6. Payment for all Products must be by credit or debit card. We accept payment with VISA, VISA DEBIT, MASTERCARD, SOLO, MAESTRO, and ELECTRON CARD. We also accept payments via PAYPAL.
4.7. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
4.8. Only one promotion code can be used per order.
5. OUR REFUND POLICY
No refunds are accepted.
6. OUR LIABILITY
6.1. If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
6.1.1. make good shortage of non-delivery or incorrect delivery; or
6.1.2. replace or repair any Products that are damaged or defective; or
6.1.3. refund to you the amount paid by you for the Products in question.
6.2. We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
6.3. Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
6.4. Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
6.5. A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
7. USE OF SITE CONTENTS AND INTELLECTUAL PROPERTY RIGHTS
All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
7.1. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website are owned by us, our licensors, advertisers or content suppliers. Except as expressly provided nothing contained herein shall be construed as creating any license or right under copyright, trademark or other intellectual property rights.
You may store, manipulate, analysis, reformat, print and display the content supplied solely for your own personal and non-commercial use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Website.
Any use of extracts from this Website other than as permitted above for any purpose is prohibited. If you breach any of the provisions of these terms and conditions, your permission to use this Website automatically terminates.
No license or consent is granted to you to use these marks in any way, and We reserve all rights in these and any related marks. You agree not to use these marks or any marks, which are colourably similar without the written permission of Sky Throne Ltd.
7.2. Subject to clause 7.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Sky Throne Ltd’s prior written permission.
7.3. Any rights not expressly granted in these terms are reserved.
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
We reserve the right to display advertisements on the Website and on your login pages of third party products and/or services which may be of interest to you. Please be aware that the products and services advertised are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services and that you agree to the third party’s terms and conditions before contracting with them. We accept no liability for any products or services or information provided by third party providers.
You agree to indemnify, defend and hold harmless Fog makers, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
10. IMPORT DUTY
10.1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information.
10.2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
12.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. EVENTS OUTSIDE OUR CONTROL
13.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
13.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1. Strikes, lock-outs or other industrial action.
13.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.)
13.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
13.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.2.5. Impossibility of the use of public or private telecommunications networks.
13.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
13.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1. If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
15.1. If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15.2. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
16. ENTIRE AGREEMENT
16.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
16.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which We may decide.
17.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18. AVAILABILITY OF THE WEBSITE
18.1. While we endeavour to ensure that this Website is available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period.
18.2. We give no warranties as to the availability, performance or accessibility of the Website.
18.3. Access to this Website may be suspended temporarily and without notice at our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.
19. LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts.
20. AFTER SALE SERVICE
20.1. Questions, comments or requests regarding these terms and conditions or our Products should be addressed to email@example.com