No Smoke Inn – Terms and Conditions
By purchasing or ordering the Goods and/or Services, you agree to be bound by the terms and conditions set out below.
“No Smoke Inn” means No Smoke Inn LTD., together with its subsidiary and holding companies and any subsidiaries of such holding companies;
“Conditions” means these terms and conditions;
”Goods” means any goods you purchase under these Conditions;
”Non-subscription Services” mean any Services other than Subscription Services;
”Personal Information” means the details provided by you to us;
“Services” means any services you order or otherwise purchase under these Conditions;
”Subscription Services” means Services to which you subscribe on an ongoing basis, for example technical support Services;
“Us/our/we” means No Smoke Inn LTD., a company registered in England and Wales under the number 08771091
“Website” means either one of the websites located at nosmokeinn.co.uk or any other URL which may replace it; and
“You/Your” means the person ordering or otherwise purchasing the Goods or Services.
1. Rights and Obligations
1.1. You undertake:
1.1.1. To pay any amounts due to us in a timely manner;
1.1.2. That the Personal Information you provide is true, accurate, current and complete in all respects;
1.1.3. To notify us immediately of any changes to the Personal Information using the contact details in Clause 5.4.
1.1.4. Not to impersonate any other person or entity or to use a false name.
1.2. We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods or Services available.
1.3. Unless you have placed an order for any Goods or Services, we are not oblidged to inform you of modifications.
1.4. From time to time we may also have to make changes in the specification of any Good or Service:
1.4.1. To make it conform with any applicable safety or other statutory requirements; or
1.4.2. To make it reflect changes in the manufacturer’s specification,
1.5. Goods and Non-subscription Services:
1.5.1. You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods or Non-Subscription Services.
1.5.2. We shall not withdraw or modify to your substantial detriment any of the Goods or Non-subscription Services for which we have accepted an order from you.
1.6. Estimated time frames for delivery of Goods or completion of Services are estimates only and delays may arise due to matters outside of our reasonable control.
1.7. Goods may be subject to EU and US export control laws and laws of the country where they are delivered or used.
2.1. Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. You must be over 18.
2.2. When requested by us, you must provide your name, phone number, address, payment details and other requested information.
2.3. Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates.
2.4. You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
2.5. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed.
3. Price and Payment
3.1. The price of the Goods or Services (if any) shall be the price of which we inform you prior to accepting your order.
3.2. If you fail to make any payment when due then, without prejudice to any other right or remedy we may have, we may:
3.2.1. Where you have ordered Goods or Non-Subscription Services, cancel this agreement.
3.3. You confirm that any payment method you use is yours.
3.4. Payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery.
3.5. Once your Goods have been collected and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.
3.6. Irrespective of your receipt of the Goods, the passing of risk or any other provision of these conditions, ownership shall not pass to you until we have payment in full for the Goods.
3.7. Until such time as the ownership passes to you, you shall hold the Goods on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Goods to us.
4. Cancellation, Returns and Exchanges
4.1. Without prejudice to our rights under Clause 1 above, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions.
4.2. In certain situations, we may be prepared to give you a refund or exchange for Goods if you change your mind.
4.3. Goods and/or Services ordered online or over the phone only:
4.3.1. Consumers ordering Goods or Services at a distance (such as via telephone or online) have certain cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000.
4.3.2. You may cancel any order for Goods any time before they have been processed and/or dispatched.
4.3.3. You may cancel any unprocessed order for Goods.
4.3.4. A working day is any day except Saturday, Sunday and UK public holidays.
4.3.5. You may cancel your order by emailing us at firstname.lastname@example.org.
4.3.6. If you cancel an order for Goods, they must be returned to us within a reasonable period, complete (with any accessories, leads or other items provided with the Goods) and undamaged, with proof of purchase.
4.3.7. Unless collection of the Goods has been arranged, you must return the Goods to us.
4.3.8. Where we have agreed to collect the Goods from you, you must ensure that they are available for collection at the time arranged.
4.3.9. You shall be under a duty to take reasonable care of the Goods until received or collected by us, we will not accept products damaged in transit.
4.3.10. You are entitled to examine any Goods ordered as you would in a shop. However, if you use the Goods, you may lose your right to cancel your purchase.
5. Your Personal Information
5.1. We need to collect certain Personal Information to provide you with the Goods and/or Services.
5.3. If you would like us to tell you what information we hold about you email: email@example.com. We may charge a £10.00 administration fee.
5.4. You will have the opportunity to consent to us contacting you by post, email, phone, SMS or MMS about products and services which No Smoke Inn LTD. believe may be of interest to you.
6. Limitation of Liability
6.1. We will not be liable for any loss or damage caused by us in circumstances where:
6.1.1. There is no breach of a legal duty of care owed to you by us; and/or
6.1.2. Such loss or damage is not reasonably foreseeable.
6.2. We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
6.3. Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
6.4. Nothing in these Conditions shall:
6.4.1. Exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
6.4.2. Limit your rights as a consumer under applicable UK law.
6.5. All Goods and/or Services are provided on a commercially reasonable basis.
6.6. The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods.
6.7. Each provision of this Clause 6 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply.
7.1. Events Beyond the Parties Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control.
7.2. Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
7.3. Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions.
7.4. Governing Law: These Conditions will be governed by English Law.
7.5. Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply.
7.6. Call Monitoring: Monitoring or recording of your calls may take place for our business purposes.
8. Handling Complaints and Sending Notices
8.1. If you wish to make a complaint you may do so in the following way:
8.1.1. By emailing: firstname.lastname@example.org.