Terms and Conditions

These Terms and Conditions apply when you place an order with AIRSCREAM.



Definitions

For the purposes of these Terms and Conditions:

  • “Affiliate” means, in relation to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party, where “control” means the ability to direct the affairs of an entity, whether by ownership of shares, contract or otherwise.

  • “Account” means an individual account registered by You to access and use the Service.

  • “Business Day” means any day other than a Saturday, Sunday, or public holiday in the United Kingdom.

  • “Company”, “We”, “Us” or “Our” means AIRSCREAM UK LIMITED (Company No. 11309494), with its registered office at Ashville Park, Short Way, Thornbury, BS35 3UU.

  • “Goods” means the products offered for sale on or via the Website.

  • “Order” means a legally binding request placed by You to purchase Goods from the Company via the Website.

  • “Personal Data” has the meaning given to it under applicable data protection legislation.

  • “Privacy Policy” means the Company’s privacy notice, as amended from time to time, available here.

  • “Promotions” means any promotional offers, contests, sweepstakes or similar campaigns offered by the Company.

  • “Service” means the online e-commerce platform operated by the Company and made available via the Website.

  • “Subscription” means a recurring paid service plan providing access to designated Goods or Services.

  • “Terms” means these terms and conditions, as amended or updated from time to time.

  • “Website” means www.airscreamuk.com, or any other website or digital platform operated by the Company.

  • “You” or “Your” means any user of the Website, including any person placing an Order for Goods.



Acknowledgment

  • These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, You may not access the Service.
  • Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
  • You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
  • Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Please read Our Privacy Policy carefully before using Our Service.


Placing Orders for Goods

  • By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts. These Terms and Conditions shall form part of any Order placed by You. 
  • By placing an Order, You make an offer to the Company to purchase the Goods. No Order shall be deemed to be accepted by the Company until the Company issues a written confirmation (such as an email confirmation) or dispatches the Goods, whichever is earlier.

Age Restriction and Legal Compliance

  • By placing an order, you confirm that you are at a legal smoking and vaping age in your respective jurisdiction and legally permitted to purchase vaping products. 
  • The Company reserves the right to request proof of age and may cancel your order if age verification fails. You are solely responsible for ensuring that the use and purchase of our products comply with all applicable local laws and regulations.

Your Information

  • If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, but not limited to:
    1. Full name
    2. Email address
    3. Contact number
    4. Debit or credit card details (whichever applicable)
    5. Expiration date of debit or credit card (whichever applicable)
    6. Billing address
    7. Shipping information.
  • By submitting such information, You grant us the right to provide the information to payment processing third parties for facilitating the completion of Your Order.
  • You represent and warrant that:
    1. You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and 
    2. the information You supply to us is true, correct and complete.

Order Cancellation

  • Whilst we make every effort to supply You with your Order, We reserve the right to refuse or cancel Your Order at any time for, including but not limited to, the following reasons:
    1. Goods availability
    2. Errors in the description or prices for Goods
    3. Errors in Your Order
    4. Company is unable to source relevant components

Return, Refund and Cancellation Rights

  • Any Goods you purchase can only be returned, refunded or cancelled in accordance with these Terms and Conditions and Our Return, Refund and Cancellation Policy.
  • Our Return, Refund and Cancellation Policy forms a part of these Terms and Conditions. 

Availability, Errors and Inaccuracies

  • The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
  • We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice to You.

Prices

  • The Company reserves the right to revise its prices at any time prior to accepting an Order.
  • The prices quoted may be revised by the Company prior to acceptance of an Order in the event of any occurrence affecting delivery caused by force majeure, including but not limited to government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, or any other matter beyond the Company’s reasonable control. In such cases, You will be notified and will have the right to cancel Your Order before it is accepted.

Product Descriptions and Availability

  • The Company attempts to be as accurate as possible in describing its Products. However, we do not warrant that product descriptions, colours, images, or other content are accurate, complete, reliable, current, or error-free. All Products are subject to availability, and we reserve the right to discontinue any product at any time without notice.

Payments

  • All Goods purchased are subject to a one-time payment. All invoiced sums shall be paid in full in the currency of the invoice without deduction or set off (statutory or otherwise) and in cleared funds. 
  • Payments can be made through various payment methods available, including but not limited to, Visa, MasterCard, Affinity Card, American Express cards or online payment methods.
  • Payment via debit or credit cards are subject to validation checks and authorisation by Your card issuer. If we do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.
  • We reserve the right to refuse or cancel Your Order if fraud or an unauthorised or illegal transaction is suspected.

Subscriptions

  • In the event where this clause is applicable, the Service or some parts of the Service are available only with a paid Subscription, if any. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
  • At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
  • You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

  • You shall provide the Company with accurate and complete billing information including but not limited to, full name, email address, billing address, contact number, and a valid payment method information.
  • Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Account Security

  • You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. The Company will not be liable for any loss or damage arising from your failure to comply with this security obligation.

Fee Changes

  • The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
  • The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective, in the event that the Subscription clause is applicable.
  • Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

  • Except where required by law or expressly provided under our Return, Refund and Cancellation Policy, Subscription fees are non-refundable.
  • This does not affect Your statutory rights, including any right to cancel within 14 days of entering into a distance contract, where applicable.

Promotions

  • Any Promotions made available through the Service may be governed by rules that are separate from these Terms and Conditions.
  • If You participate in any Promotions, please review the applicable rules and Our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion shall prevail.
  • Promotional codes, discounts, or vouchers are valid only for the specified period and subject to availability. The Company reserves the right to modify or cancel promotions without notice. Misuse of promotional offers may result in order cancellation.

User Accounts

  • When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms and Conditions, which may result in immediate termination of Your account on Our Service.
  • You are responsible for safeguarding the password that You use to access the Service.
  • You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account on Our Service.
  • You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

  • The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
  • The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
  • Our trademarks and trade dress may not be used in connection with any Goods or Service without the prior written consent of the Company.

Your Feedback to Us

  • You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

  • Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
  • The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

Termination

  • We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
  • Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

  • To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special or punitive damages, including loss of profits, data, goodwill or other intangible losses, resulting from or in connection with:
    1. the use or inability to use the Website;
    2. any conduct or content of any third party on the Website; or
    3. unauthorised access, use, or alteration of your transmissions or content.
  • Nothing in these Terms shall exclude or limit the Company’s liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
  • In any event, the total liability of the Company to you for all claims arising out of or relating to the use of the Website or the purchase of Products shall not exceed the total amount paid by you for the relevant Product.

"AS IS" and "AS AVAILABLE" Disclaimer

  • The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
  • Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, malware, timebombs or other harmful components.

Export and Legal Restrictions

  • Products sold by the Company may be subject to export controls and regulations. It is your responsibility to ensure compliance with all applicable laws of your jurisdiction. The Company makes no representation that the Products are appropriate or available for use in all locations.

Governing Law

  • These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. You and the Company agree to submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute arising under or in connection with these Terms.

Disputes Resolution

  • If You have any concern or dispute (“Dispute”) about the Service, then You agree to first try to resolve the dispute informally by contacting the Company.
  • If for any reason the Dispute is not resolved, then You and the Company agree to enter into mediation in good faith to settle the Dispute and will do so in accordance with The London Court of International Arbitration (“LCIA”) Mediation Rules wherein such Rules are deemed incorporated by reference into this Clause.
  • If for any reason the Dispute is not resolved upon the conclusion of the mediation, then You and the Company agree to refer the Dispute to the exclusive jurisdiction of the courts of England and Wales.

For European Union (EU) Users

  • If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

Severability and Waiver

  • If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
  • Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Force Majeure

  • The Company shall not be held liable for any failure or delay in the performance of its obligations under these Terms and Conditions if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, government action or regulation, strikes, lockouts, labour disputes, pandemics, epidemics, failure or delay of suppliers or carriers, or interruption or failure of utility services. In such circumstances, the Company shall be entitled to a reasonable extension of time for performing its obligations. If the period of delay or non-performance continues for more than 30 days, either party may terminate the affected Order by providing written notice to the other party.

Entire Agreement

  • These Terms and Conditions constitute the entire agreement between you and the Company regarding the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether oral or written.

Translation Interpretation

  • These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

  • We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide notice prior to any new terms taking effect (e.g., by email or notice on the Website). What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms.

Related Policies

  • These Terms and Conditions incorporate by reference the following additional policies, which form part of your agreement with AIRSCREAM UK LTD:
    1. Privacy Policy
    2. Cookies Policy
    3. Returns, Refund and Cancellation Policy
    4. Privacy; and
    5. Any other applicable policy
  • By accessing or using our website, you agree to be bound by these policies in full. Please read them carefully before making a purchase or using the site.

Contact Us

  • If you have any questions about these Terms and Conditions, You can contact us by email at contact@airscreamuk.com