Terms And Conditions of Sale - Effective 29 May 2019
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 services team who are available 5 days a week. They can be contacted by email and phone as follows:
Phone: 0800 169 2891
Monday – Friday 9.00am – 5.00pm
1.3 Alternatively, if you would like to write to us or intend to cancel or return a product in accordance with these terms and conditions (“Terms and Conditions”), you can do so using our operating address: Freepost CUSTOMER CONTACT CENTRE, PO Box 8, Crewe, CW1 6GF.
2. 18+ AGE REQUIREMENT
2.1 Nordic Spirit contains nicotine and is aimed at existing adult smokers and nicotine consumers. 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 age verification process conducted on our behalf by a third party, GB Group plc, to prove to our satisfaction that you are at least 18 years old before you can order any of our products. For more details on the age verification process please visit Age Confirmation
3. HOW TO PLACE AN ORDER WITH US
Once your age has been verified, placing an order with us is a simple process and you can do so by ordering online ̶ simply select the products you wish to purchase on our website, click ‘Buy now', ‘Add to cart’ and ‘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 more products you want to your basket.
4.OUR CONTRACT WITH YOU
4.2 How we will accept your order. Completion of your order is subject to availability of products and our acceptance of your order will take place when we email you to accept it, 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 and tell you what it is when we accept your order. 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. We may contact you and propose that we supply you with substitute products of similar quality and function. If we supply you with substitute products, you do not have to keep them and can return them in accordance with these Terms and Conditions.
4.6 We only sell to the UK. Our website is solely for the sale of our products in the UK. Unfortunately, we do not accept orders from OR deliver to addresses outside the UK.
4.7 “In writing” includes emails.
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 nicotine pouches are sold; and
- (ii) to implement minor technical adjustments and improvements to enhance your experience of our product.
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 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 Delivery charges. Unless otherwise stated in your order confirmation, the price of a product does not include delivery charges. Our delivery charges are as quoted on our website from time to time.
6.4 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 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.
7.1 Delivery costs. 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.
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).
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 we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us. Please inspect your products on delivery and promptly report any problems with your products to our Customer Contact Centre.
7.6 When you own the products. You own a product once we have received payment in full.
7.7 Undelivered products. Please allow 14 days for delivery (from the date of placing your order) before reporting your order as undelivered. Most products are available for delivery within 14 days of your order. 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.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can end your contract with us. Your rights when you want to end the contract will depend on the reasons why you want to end the contract, whether there is anything wrong with it and when you decide to end the contract:
(i) If what you have bought is faulty or misdescribed you may have a legal right to end the contract, get the product replaced or to get some or all of your money back, see Clause 11; and
(ii) If you have just changed your mind about the product, see Clause 9. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the cost of return of any products.
8.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms and Conditions.
8.3 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (I) to (IV) below, the contract will end immediately and we will refund you in full for any products which have not been provided. 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 (follow the process in Clause 9);
(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 Clause 9).
9. YOUR RIGHTS UNDER THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013 (CCR)
9.1 Returning non-faulty/undamaged products.
- You have an unconditional right to cancel your order within fourteen (14) days from the date of delivery. PLEASE NOTE: You must take reasonable care of the products during the cancellation period. This cancellation right does not apply and we do not offer any refunds in respect of any sealed products which cannot be returned due to health protection or hygiene reasons if they have been opened or unsealed by you, or any products which have been mixed inseparably with other products by you after delivery. Returned products must include all parts, accessories, instructions and packaging.
9.2 To cancel your order under the CCR:
- (i) Send an email or write to us (at firstname.lastname@example.org or Customer Contact Centre, JTI, Members Hill, Brooklands Road, Weybridge, Surrey KT13 0QU) telling us you wish to cancel the order. Include enough information for us to identify you and your order including, as a minimum, your order number, your name and full address.
- (ii) Parcel up the products you are returning securely to minimise any damage that may be caused during delivery. Please include a copy of your written notification or cancellation form so we can trace your order quickly.
- (iii) 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. If on inspection of the returned products we believe that they have been damaged or their value has been diminished, then we may deduct an amount equal to the damage or diminishment in value from the refund owed to you. PLEASE NOTE that returning products under the 14 day period allowed by the CCR is at your cost unless we have supplied substitute products that you have not found acceptable.
- (iv) Once you have notified us of your intention to cancel the order we will normally refund you the cost of your order within 14 days of us receiving the products back.
9.3 This section does not affect your statutory rights.
10. YOUR RIGHTS UNDER THE CONSUMER RIGHTS ACT 2015 WHERE PRODUCTS ARE NOT OF SATISFACTORY QUALITY OR FIT FOR PURPOSE
10.1 We will refund or replace products that are of unsatisfactory quality or unfit for purpose, as follows:
- (i) Within 30 days of delivery. If you believe that your product is faulty, damaged or misdescribed and this is subsequently confirmed by us after a reasonable examination, then you will be eligible to request a refund. If you do not request a refund, we will offer a like-for-like replacement free of charge.
- (ii) 30 days 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. You will not be eligible to request a refund unless the replacement product is also faulty. We may offer you a 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.
- (iii) More than 6 months after delivery. 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.
10.2 Please follow the process set out in Clause 11 if you wish to make a complaint about your product because there is a problem with it.
11. IF THERE IS A PROBLEM WITH THE PRODUCT OR DELIVERY
11.1 How to tell us about problems. If you have any questions or complaints about the product or delivery, please contact us. You can telephone our Customer Contact Centre on 0800 169 2891 or write to us by email at email@example.com. You will be issued with a Returns Authorisation Code. Failure to do this may delay your return being processed. You may also be required to complete a Returns Form and return this with your product.
11.2 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.
11.3 How to return a faulty product. When returning a faulty product we may ask that you return the physical product to us and that you do this by First Class Royal Mail (Recorded Delivery).
11.4 Costs of replacement of faulty products. 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.
11.5 Fault examination. We may ask for independent third party confirmation of any faults. If this is necessary, we will initially bear the costs but may ask you to reimburse us if the products are found to be of satisfactory quality. We shall inform you that we intend to seek confirmation of the claimed faults before we do so and who we will be approaching to do this.
11.6 Normal wear and tear or damage caused by misuse. 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.
11.7 Refunds. Refunds and partial refunds will normally be refunded to the same account debited during purchase. Refunds (and partial refunds) will ordinarily be processed within 14 days of the date that we agree a refund will be given. PLEASE NOTE: refunds generally take around 5 working days to clear from the point of processing, although timings may vary depending on your banking provider.
12. OUR LIABILITY
12.1 We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we accept your order.
12.2 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.
12.3 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.
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 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 or other natural disaster, 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.
13.2 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.
14. HOW WE USE YOUR PERSONAL INFORMATION
15. ABOUT THESE TERMS AND CONDITIONS
15.1 When these Terms and Conditions start to apply. These Terms and Conditions came into force on 29 May 2019 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 Clause 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 clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses 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.