Terms Of Service

CONTENTS

1 Definitions

2 Our contract with you

3 Your account with us

4 Price, Payment and Fraud Protection

5 Delivery

6 Foreign taxes, duties and import restrictions

7 Returns Policy

8 Disclaimers

9 Content and Intellectual Property Rights

10 Your email address

11 Your Material

12 System Security

13 Acceptable use Policy

14 Indemnity

15 Miscellaneous provisions

16 Sale and Doorbuster Offers

17 DID Electrical & Consumer Law

18Third Party Promotions

19 Social Media Competition Terms & Conditions

Trading terms & conditions of IVape Ltd.: These terms and conditions regulate the business relationship between you and us. By using our website in any way, or by buying from us, you agree to be bound by them.

We are: IVape Ltd

Our address is: 2 Ludlow St, Navan, Meath

You are: a visitor to our website / our customer

TERMS & CONDITIONS

1 DEFINITIONS

In this agreement: Carrier means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance. Our Website means the entire computing hardware and software installation that is or supports Our Website. Goods means any of the Goods we offer for sale on our Website. Content means any material in any form published on Our Website by us or any third party with our consent. Material means Content of any sort posted by you on Our Website

2 OUR CONTRACT WITH YOU

These terms and conditions apply:

2.1 So far as the context allows, to you as a visitor to Our Website; and

2.2 In any event to you as a buyer or prospective buyer of our Goods.

2.3 Your contract to purchase items from our website is not complete until you receive an email from us notifying you that we have dispatched your Goods.

2.4 All Orders are subject to acceptance by Us.

2.5 All products are subject to availability. The stock position relating to particular items may change. If an item you have ordered becomes out of stock, we shall notify you as soon as possible and you will not be charged for out of stock items.

2.6 We aim to ensure that all product details, prices and availability appearing on Our Website are accurate, but errors may occur. Where we have made an error on our Website, we reserve the right to cancel your order.

2.7 If we do not have the Goods for your order in stock, we will offer you alternatives. If this happens you may: 2.7.1 accept the alternatives we offer; 2.7.2 cancel all or part of your order;

2.8 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

2.9 If we owe you money (for this or any other reason), we will credit your credit, debit card or PayPal account as soon as reasonably practicable but in any event no later than 14 days from the date of your order.

2.10 We reserve the right to change these terms and conditions from time to time, and your continued use of Our Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. The terms that apply to you are those posted here on Our Website on the day you order Goods.

3 YOUR ACCOUNT WITH US

3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

3.4 We reserve the right to refuse you access to Our Website.

4 PRICE, PAYMENT AND FRAUD PROTECTION

4.1 It is possible that the price may have increased from that posted on our Website. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.

4.2 Prices include Irish value added tax. If you show by your delivery address that you reside outside the Republic of Ireland, we will refund to you the amount charged as VAT.

4.3 You must pay us the full price of your order before we will send any part of it.

4.4 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Euros will be borne by you.

4.5 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

4.6 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

4.7 SALE and Doorbuster items, Excludes Apple, are subject to availability and exclude any other promotion(s). No extra percentage off applies to Doorbuster items.

4.8 We engage a third-party fraud monitoring, detection and prevention service provider for all website/online sales and it is a condition of your contract to purchase items from our website that such fraud monitoring, detection and prevention technology and solutions are used. The third-party service provider we currently engage is Signifyd, Inc. In order for their fraud monitoring, detection and prevention service to operate, Signifyd, Inc. will process your personal data and you can find out more in our privacy notice under Sharing and Signifyd, Inc.’s privacy policy: https://www.signifyd.com/privacy/

5 DELIVERY

5.3 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.

5.4 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

5.5 We may deliver the Goods in installments if they are not all available at the same time for delivery.

5.6 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.

5.7 Goods that are sent by post. We will send you a message by email to tell you when we have dispatched your order.

5.8 Goods are at your risk from the moment you receive delivery of them at the delivery address provided.

6 FOREIGN TAXES, DUTIES AND IMPORT RESTRICTIONS

6.3 If you are not in the Republic of Ireland, we have no knowledge of, and no responsibility for, the laws in your country.

6.4 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

7 RETURNS POLICY

You are our number one priority. We have been serving our customers for over 50 years, so if you are in any way unhappy with your purchase, please contact us.

7.1 For in-store purchases: If the unwanted item is returned to any of our 23 stores within 14 days of purchase, with full packaging intact and in as-sold condition, accompanied by original receipt, we can refund you in full using the payment method you originally supplied. Alternatively, we can arrange an exchange product, or a DID Electrical gift voucher to the value of the original purchase. Where a refund is to be made to a credit or debit card, the refund can only be returned to the original card used to make the purchase. We cannot supply refunds for items returned without a receipt. Items which have been unpackaged, installed and used, cannot be returned or exchanged under the 14-day return policy. This does not affect your statutory rights.

7.2 For online purchases: If you decide to cancel a purchase, we want your cancellations to be hassle-free. Should you wish to cancel your purchase subject to the terms laid out below, you have the right to do so, without giving any reason, before and up to 14 calendar days after you obtained physical possession of the goods. This is provided that the item(s) are in as sold condition, and in their original packaging. You must then return the goods without undue delay and not later than 14 days from the day on which you informed us of your decision to cancel the purchase.€ To exercise the right to cancel, you must inform us of your decision to cancel your purchase by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached MODEL-CANCELLATION-FORM but it is not obligatory. You may also contact our customer support team on 046-9021111 or email support@ivape.ie and one of our team members will assist you with any queries you might have about your right of cancellation. This will help to speed up the cancellation process. We can change or cancel an order up until it is dispatched. If the order has been dispatched, you can return the unopened goods to us and we will organise a refund including any cost of original delivery of the item to you.

Terms applying to cancellation:

1.Where you decide to exercise your right of cancellation, you are responsible for costs incurred to return item(s) to us, except where the goods cannot be returned by post. If the goods cannot be returned by post, please contact us and we will arrange for the good to be collected. We will issue you a full refund of the purchase price on receipt of the returned goods, with original packaging. If you have diminished the value of the good by handling it or testing it beyond what is necessary to check its nature, characteristics and functioning, we reserve the right not refund you the entire amount.

2. Should any item(s) not be suitable for return due to hygiene reasons, such as tanks, drip tips, the item(s) can only be returned if that hygiene seal remains unbroken.

3. We will reimburse you not later than 14 days from the day on which we are informed about your decision to cancel this contract. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

7.3 Returns Policy Exclusions We are unable to offer a refund or an exchange on the following items: gift vouchers, tanks, drip tips coils, rebuildables.   This policy does not affect your legal rights.

7.4 Consumer Rights The Sale Of Goods And Supply Of Services Act (1980) as well as other pieces of Irish and EU legislation that protect consumers. The consumer has a number of rights under this legislation including: – In the case of a sales contact, the existence of a legal obligation on the trader to supply goods that are in conformity with the contract. Goods must be of merchantable quality – goods should be of reasonable quality taking into account what they are meant to do, their durability and their price. Goods must be fit for their purpose – they must do what they are reasonably expected to do. Goods must be as described – the buyer must not be mislead into buying something by the description of goods or services given orally by a salesperson or an advertisement. When you buy goods in a sale you have the same rights as when you pay full price for the goods. These rights are in addition to any extended warranty or accidental damage cover that you have taken out. For more information on your rights as a consumer, see www.consumerhelp.ie for details.

7.5So far as possible, Goods should be returned: with both goods and all packaging as far as possible in their original condition; securely wrapped; including our delivery slip; at your risk and cost.

8 DISCLAIMERS

8.3 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.

8.4 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

8.5 We give no warranty and make no representation, express or implied, as to:

8.5.1 the adequacy or appropriateness of the Goods for your purpose.

8.5.2 the truth of any Content on Our Website;

8.5.3 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

8.5.4 compatibility of Our Website with your equipment, software or telecommunications connection.

8.5.5 compliance with any law;

8.5.6 non-infringement of any right.

8.6 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

8.7 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.

8.8 In any event, including the event that any term or condition or obligation on our part (“”Implied Term””) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

9 CONTENT AND INTELLECTUAL PROPERTY RIGHTS

9.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

9.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.

9.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

9.4 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.

9.5 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

10 YOUR EMAIL ADDRESS

10.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.

10.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.

10.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.

11 YOUR MATERIAL

11.1 If you post any Material on our website, you warrant that you own the copyright of it and you accept all risk and responsibility for it. You grant us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.

11.2 You agree that if you do post any Material on our website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.

11.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.

11.4 You represent and warrant that:

11.4.1 you own the rights to all of the Material that you post

11.6.2 any fact stated in your Material is accurate

12 SYSTEM SECURITY

12.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.

12.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

12.3 You may not use any software tool for the purpose of extracting data from our website.

12.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

13 ACCEPTABLE USE POLICY

As a condition of your use of Our Website, you agree to comply with these provisions:

13.1 You will not use or allow anyone else to use the Web Site to post or otherwise publish:

13.3.1 copyright works;

13.3.2 commercial audio, video or music files;

13.3.3 any Material which violates the law of any established jurisdiction;

13.3.4 unlicensed software;

13.3.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;

13.3.6 links to any of the material specified in this paragraph;

13.3.7 pornographic material;

13.3.8 any material promoting discrimination or animosity to any person on grounds of gender, race or colour.

13.4 You will not use the Services for spamming. Spamming includes, but is not limited to:

13.4.1 the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;

13.4.2 the sending of junk mail;

13.4.3 the use of distribution lists that include people who have not given specific permission to be included in such distribution process;

13.4.4 excessive and repeated posting off-topic messages to newsgroups;

13.4.5 excessive and repeated cross-posting;

13.4.6 email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;

13.4.7 the emailing of age inappropriate communications or content to anyone under the age of 18.

14 INDEMNITY

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

 

15 MISCELLANEOUS PROVISIONS

15.3 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

15.4 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

15.5 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.

15.6 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

15.7 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

15.8 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

15.9 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

15.10 This Agreement shall be governed by and construed in accordance with the law of the Republic of Ireland. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

16 SALE & DOORBUSTER

Sale and Doorbuster items excludes Apple & Miele, are subject to availability and excludes any other promotion(s). No extra percentage off applies to Doorbuster items. Doorbuster items – one offer per customer. Savings are off recommended retail prices and are correct at time of publishing. Doorbuster items E&OE. Online orders will be processed on a first come first served basis while stocks last. When you place an order with DID Electrical we will send you an email acknowledging that we’ve received your order (offer to purchase a product(s) ). The order you placed is an offer to us from you to purchase a product(s). Your offer is accepted when we dispatch your product(s), you will receive an email (Dispatch Confirmation Email) confirming dispatch. No contract is formed until you receive this dispatch confirmation email. DID Electrical reserves the right to reject or cancel online orders placed through www.did.ie at our discretion. Doorbuster items are not immediately available for collection at our local stores. If you select store pick-up these items will be delivered to your selected store in 2-3 days after your order is processed in full.

Free Gift Terms & Conditions:

1. The ‘Free Gifts’ promotion is open to residents of the Republic of Ireland aged 18 years and over who qualify based on the purchase of selected products during the promotional period, 01.07.2022 – 21.07.2022.

2. The offer is not valid in conjunction with any other promotion.

3. This promotion is not open to DID Electrical employees, agencies, contractors or customers with special pricing contracts.

4. Customers qualify to receive a free gift when they purchase selected large appliances over €299 during the qualifying promotional period.

5. Customers qualify for free box of washing powder 95972 with all freestanding or integrated washing machines, dryers & washer dryers over €299.

6. Customers qualify for free Brita Filter Jug S0500 with all refrigeration over €299.

7. Customers qualify for free dishwasher tablets 37035 with all freestanding & integrated dishwashers over €299.

8. Customers qualify for free digital kitchen scales 211281 or 1036BKSSDR with on single ovens, double ovens and freestanding cooking only (does not include hobs/int microwaves) over €299.

9. Customers qualify for free Anti-virus (BG1504) with all Laptops.

10. Customers qualify for free delivery with all bean to cup coffee machines over €299..

11. Customers qualify for free delivery on all cordless vacuums over €299.

12. Should a participant of the promotion return or cancel their original purchase, they thereby agree to forfeit their qualification of the free gift and this free gift will be deemed null and void.

13. Free gifts are subject to change.

14. No cash alternatives are available.

15. The Promoter (iVape Ltd) reserves the right to cancel the promotion at any time without giving any reason.

16. The Promoter (iVape Ltd) reserves the right at our absolute discretion to vary, delete or add to any of these terms and conditions.

17. The Promoter (iVape Ltd) reserves the right to withdraw or amend this promotion in the event of any unforeseen circumstances outside its reasonable control with no liability to any entrants or third party.

18. These terms and conditions and any issues or disputes which may arise out of or in connection with these terms and conditions (whether such disputes or issues are contractual or non-contractual in nature, such as claims in tort, for breach of statute or regulation or otherwise) shall be governed by and construed in accordance with Irish law. Entrants hereby irrevocably submit to the exclusive jurisdiction of the Irish courts to settle any such dispute or issues.

17 iVape Ltd PRODUCTS AND CONSUMER LAW

Under Irish consumer law, consumers are entitled to a repair or replacement, discount or refund by the seller of defective goods or goods which do not conform with the contract of sale. When you purchase goods from iVape Ltd you will also be covered by a manufacturer’s warranty where applicable. You can also obtain the additional benefits of our AIG-powered accidental damage cover and extended warranty, which you can add up to 30 days after your initial purchase. Should your product be defective or if it does not conform with the contract of sale, you can choose to make a claim under Irish consumer law, the manufacturer’s warranty, or the optional AIG product cover (whichever is applicable). For additional information on our AIG accidental damage or extended warranty service, please contact your local iVape Ltd or call our customer support team on 046 90 21111

Summary of Irish Consumer Law: Your rights as a consumer under Irish consumer law operate alongside, and in addition to, your rights under any manufacturer’s warranty and our optional AIG-powered accidental damage cover and extended warranty. Irish consumer law automatically introduces that following terms into any contract of sale for goods and/or services to consumers:

Terms in relation to goods:

The goods will be fit for a particular purpose specifically mentioned or for which such goods are commonly supplied.

The goods will match their description and be of satisfactory quality.

The instructions in relation to installation will be clear and if the product is used in accordance with the instruction, will not cause faults.

Terms in relation to services:

The services will be provided with due care and skill.

The services will be fit for a particular purpose.

The services will be provided within a reasonable time.

If you are unhappy with the products or services you have received from us please email us at support@ivape.ie. You can also submit your complaint to an online dispute resolution process operated by the European Commission by clicking on this link.   For additional information on Irish consumer law, visit:

www.eccireland.ie

www.consumerhelp.ie/faulty-goods

 

19 SOCIAL MEDIA COMPETITION TERMS & CONDITIONS

Eligibility Criteria

This promotion is open to Republic of Ireland residents, excluding employees of iVape Ltd, their families, agents or anyone else connected with this competition.

Entrants must be over 18 and must be registered on one of the social media sites on which the competition is announced. This includes but is not exclusive to Facebook, Instagram and or Twitter.

No third-party entries, bulk entries or entries submitted by agents will be accepted. iVape Ltd reserves the right to verify the eligibility of entrants. iVape Ltd may require such information as it considers reasonably necessary for the purpose of verifying the eligibility of an entry and the prize may be withheld until and unless iVape Ltd is satisfied with the verification.

Only one entry per person is allowed.

Entries not complying with these terms and conditions will be invalid.

Terms & Conditions

The competition runs during the published competition dates until the specified closing date.

Entries received after the closing date and time will not be entered into the competition.

The instructions provided at the point of entry form part of the terms & conditions of this competition and in the event of a conflict, these terms & conditions take precedence.

The winner(s) will be selected from all eligible entries received as set out above. Each winner will be notified within a reasonable time either by email, mail or telephone. The prize is awarded conditionally upon acceptance and if a winner is unable to be contacted after a reasonable period or if any prize is unclaimed or declined within a reasonable period (in all cases determined by iVape Ltd at its absolute discretion), the prize shall be deemed as unclaimed or unaccepted and another entrant may be awarded the prize at iVape Ltd discretion. iVape Ltd will not be responsible for any inability of a prize winner to take up or claim the specified prize. Unless otherwise expressly stated, where the prize requires attendance at a specific venue, the winner and any permitted companions will be solely responsible for travel to and from the venue and all other expenses.

iVape Ltd assumes no responsibility and is not liable for any costs, charges or expenses that winners may be required to pay at any time in connection with a prize. Any additional terms of entry specified by the venue will also apply.

iVape Ltd reserves the right to provide substitute prize(s) of similar value should the specified prize(s) become unavailable for whatever reason. Cash or credit alternatives may be offered at iVape Ltd sole and exclusive discretion.

No prizes are transferable. Events may occasionally be cancelled for reasons outside iVape Ltd control. iVape Ltd will not be liable for any change of date or venue or cancellation of any event.

Additional terms and conditions may apply in respect of any given prize(s). Prizes may be subject to colour availability and colour will be at iVape Ltd. Where vouchers constitute prizes these are subject to terms and can be redeemed in limited outlets. iVape Ltd accepts no liability for expired vouchers.

iVape Ltd accepts no responsibility for incorrectly completed, incomplete, lost or delayed entries, notices, acceptances, tickets or other documents related to the prize(s). In respect of a prize, all conditions, terms, warranties and representations whether express or implied by law concerning the provision of the prize are excluded to the fullest extent permitted by law. In the event of fraud, abuse, and/or an error affecting the proper operation of this competition, including the allocation of more prizes than are available, iVape Ltd reserves the right to end or suspend the competition; amend these terms & conditions; declare void the notification of winner(s); and/or to allocate available prizes by conducting a simple draw from all wrongly allocated winners.

If any part of these provisions is held by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of these provisions shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced.

iVape Ltd’s decision is final and no correspondence will be entered into. iVape Ltd reserves the right to suspend, cancel or amend the competition and/or review and revise these terms and conditions at any time without giving prior notice and by continuing to take part in the competition after any revision of these terms and conditions, entrants shall be deemed to have agreed to any such new or amended terms.

This promotion is governed by Irish Law and is subject to the exclusive jurisdiction of the Irish courts.

 

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