Terms & Conditions

 

 

 

Orbane Group Limited TERMS AND CONDITIONS

Last Updated: 25 of May 2018

 

INTRODUCTION

 

The Terms and Conditions (“Terms”) describe how ORBANE GROUP LIMITED 7200 The Quorum, Oxford Business Park North, Garsington Road, Oxford, OX4 2JZ. (“Company,” “we,” and “our”) regulates your use of this website www.colourvape.com (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the Site frequently to see the actual version of the Terms and their previous versions.

 

If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.

 

  1. 1.             PRIVACY POLICY

Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the Site you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

  1. 2.             [YOUR ACCOUNT]

[When using the Site, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.

The Company does not knowingly collect personal data from persons under the age of 18 (eighteen). If you are under 18 (eighteen) years old, you may not use the Site and may not enter into the Terms under any circumstances.

  1. 3.             SERVICES

The Site allows you to use Services available on the Site. You shall not use the services for the illegal aims.

We may, at our sole discretion, set fees for using the Site for you. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time change any fees.

We may use certified payment systems which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites..

  1. 4.             THIRD PARTY SERVICES

The Site may include links to other sites, applications, and platforms (hereinafter the "Linked Sites").

The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the Site.

  1. 5.             PROHIBITED USES AND INTELLECTUAL PROPERTY

The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Site from one device in accordance with the Terms.

You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere in the Site.

All content present on the Site includes text, code, graphics, logos, images, compilation, software used on the Site (hereinafter and hereinbefore the "Content"). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.

  1. 6.             THE COMPANY MATERIALS

By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company's business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.

No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.

By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.

  1. 7.             DISCLAIMER OF CERTAIN LIABILITIES

The information available via the Site may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.

The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the "as is" basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.

To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Site in the context of the inability or delay to enjoy the Site or its services, or for any Content of the Site, or otherwise arising out of the enjoyment of the Site, based on contract and non-contract liability or other reason.

If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

  1. 8.             INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Site or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. They may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.

  1. 9.             TERMINATION AND ACCESS RESTRICTION

The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, in case of your violation of the Terms.

  1. 10.          MISCELLANEOUS

The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.

No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.

Nothing in the Terms shall be a derogation of the Company's right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.

The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.

The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company's reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company's control.

In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.

  1. 11.          Complaints

We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this  Terms or our practices in relation to your personal data, please contact us at: info@colourvape.com. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority

  1. 12.          Contact Information

We welcome your comments or questions about this  Terms. You may contact us in writing at info@colourvape,com or Orbane Group Limited, t/a Colourvape, 7200 The Quorum, Oxford Business Park North, Garsington Road, Oxford, OX4 2JZ.

 

The terms and conditions below signify that browsing our website you agree to comply with and are bound by the conditions and terms of use. In addition to the information contained within our privacy policy they dictate the guidelines that Colourvape has with you regarding the use of this website. To use this website you have to agree to the information stated within these terms and conditions otherwise do not use the website.

The term 'Colourvape' or 'Orbane Group Limited' or 'us' or 'we' refers to the owner of the website. The term 'you' or ‘customer’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • We have the right to change the contents of this website without notice, all the information contained in this pages are for your information.

  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

  • In the remit permitted by law we exclude liability for any inaccuracies and or errors and as a result you acknowledge that such information and materials may contain inaccuracies.

  • You understand that any information or materials you use on the website is at your own risk and we do not accept liability. As a result you are responsible for ensuring that both information and or services and products on this website meet your requirements.

  • On this website the contents, design layout look appearance and graphics but not just limited to the aforementioned, is owned by us and licensed to us. Any reproduction is prohibited other than in keeping with the copyright notice.

  • We acknowledge every trade mark which is not our property or licensed to us the operator on our website.

  • Using this website without our authority could give rise to a claim for damages and can be a criminal offence.

  • As a means to get more information, we may have links from other website(s), this in no way means we are endorsing the websites or products on the website(s).

  • Information obtained from using this website and any disagreements arising from this use is covered by the laws of England, Northern Island, Scotland and Wales.

  • Colourvape is not a pharmaceutical company and we do not manufacture, produce or sell medicinal products.

  • For advice to stop smoking you should contact the NHS or a GP, on this website electronic cigarettes and other products are sold as an alternative to smoking and not as a means to “Stop Smoking”.

  • E-Liquids have ingredients in them including amongst others nicotine and should always be stored in a safe place and handled in a safe manner. We especially recommend they are stored safely in a place and out of children’s and pet’s reach.

  • Before combining products which are sold separately, such as Atomisers/Cartomisers and batteries, you should check the compatibility. If in doubt, contact us before making your purchase.

  • Colourvape only sell to 18 year olds and over, therefore in placing an order with Colourvape you confirm that you are over 18 years of age and you are obliged to have read and agreed to our terms and conditions.

  • When you create an account with us it is your responsibility to provide the correct details and shipping address on this website. We cannot be held liable or responsible for products that do not arrive if an address is not completely provided or incorrect.

  • We cannot accept returns of E-Liquids or any product containing E-Liquids, if it has been opened or tampered with in anyway.

  • Please read through our shipping and returns policies, before making an order with us and if you do not agree to our terms, please do not place an order.

  • All purchases on this Website are covered by our 30 day Satisfaction guarantee policy. This guarantees a full refund for unopened goods in original packaging. To return goods, please refer to our Return Policy.

General Indemnity

You agree to indemnify fully, defend, and hold harmless Orbane Group Ltd and Colourvape from any and against all claims, liability, damages, losses, cost and expenses, including but not limited to legal fees arising out of any breach of this conditions by You or any other liability arising out of your use of this Website or out of the Website by any person using your account number and/or password.

Company Liability

In no event will Orbane Group Limited and Colourvape be liable to you or any third party for any direct, special, indirect, consequential or incidental damages. We will not be liable to You in contract, tort, or otherwise for any loss of profits, loss of business, loss of opportunity, loss of anticipated savings, loss of data or any other economic losses whatsoever suffered or incurred by You arising out of the subject of these Terms and Conditions.

This Conditions do not limit our liability in respect of fraud and of personal injury or death to the extent it results from Orbane Group Limited and Colourvape negligence. Nothing herein shall affect you statutory rights.

Entire Agreement

This Terms and Conditions are the entire agreement between You and The Company in respect of its subject matter and supersedes any previous agreements relating to such matter.

Governing Law

The Terms and Conditions are governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.

Third Party Rights

Nothing in this terms is intended to confer on any third party, any benefit or any right to enforce any provision of this Agreement entered into connection with it.