Terms & Conditions

Vape Mate Terms and Conditions

 

Introduction

These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale, and delivery of goods, as well as the use of the Vape Mate website, which can be accessed at www.vapemate.co.za, related mobi-sites, and software applications. The Vape Mate website is owned and operated by Vape Mate.

 

These Terms and Conditions are binding and enforceable against every person who accesses or uses the Vape Mate website, including each user who registers as contemplated below. By using the website and by clicking on the “Register Now” button on the website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

 

The Vape Mate website enables you to shop online for an extensive range of goods, including vaping equipment, e-liquids, and accessories.

 

Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

 

These Terms and Conditions contain provisions that may limit the risk or liability of Vape Mate or a third party; may create risk or liability for the user; may compel the user to indemnify Vape Mate or a third party; and serve as an acknowledgment, by the user, of a fact. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

 

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Vape Mate to elaborate it to you before you accept the Terms and Conditions or continue using the website. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Vape Mate in terms of the CPA.

 

Vape Mate permits the use of this website subject to these Terms and Conditions. By using this website in any way, you shall be deemed to have accepted all these Terms and Conditions unconditionally. You must not use this website if you do not agree to these Terms and Conditions.

 

Returns

Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

 

Registration and Use of the Website

Only registered users may order goods on the Vape Mate website.

 

To register as a user, you must provide a unique username and password and provide certain information and personal details to Vape Mate. You will need to use your unique username and password to access the website in order to purchase goods.

 

You agree and warrant that your username and password shall:

 

Be used for personal use only; and

Not be disclosed by you to any third party.

For security purposes, you agree to enter the correct username and password whenever ordering goods, failing which you will be denied access.

 

You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

 

You agree to notify Vape Mate immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

 

Welcome to Vape Mate! By accessing and using our Website, you agree to be bound by the following terms and conditions:

1. Age and Capacity: You confirm that you are at least 18 years of age and of full legal capacity. If you are under 18, you may only use our Website with the supervision and consent of your parent or legal guardian.
2. Prohibited Activities: You agree not to interfere with the proper working of our Website or use any device, software, or other instrument to monitor, copy, distribute, or modify our Website or its contents without our prior written consent. You may not use our Website to distribute defamatory, offensive, hate speech, or unlawful material.
3. Intellectual Property: You may not use any content or information from our Website without our express written consent.
4. Sales and Availability: Registered users may place orders for our Goods, subject to our acceptance and availability. We will only accept an order once we receive payment or payment authorization and confirm delivery of the Goods. If we reject your order, we will refund any amount already paid.
5. Cancellation and Returns: You may cancel an order before receiving a dispatch or delivery notice. After delivery, you may return the Goods in accordance with our Returns Policy.
6. Stock Availability: Placing Goods in a Wishlist or shopping basket does not constitute an order, and we may remove Goods from your basket if they are no longer available or the price has changed. We cannot guarantee the availability or pricing of our Goods, and we will notify you if an item is no longer available and refund any amount already paid.

The following terms and conditions apply to the purchase of goods from Vape Mate:

1. Resale of Goods: Customers are prohibited from purchasing goods from Vape Mate for the purpose of resale. If Vape Mate suspects that any goods have been purchased for resale, the company reserves the right to cancel the order immediately upon notice to the customer.
2. Pre-Orders: Details regarding pre-orders can be found in Vape Mate’s FAQ section, which is incorporated by reference.
3. Payment: Vape Mate is committed to providing secure online payment facilities. Transactions are encrypted using appropriate encryption technology. Payment for goods may be made via the following methods (depending on availability and eligibility):

• Debit card: If payment is made by debit card, Vape Mate may require additional information to authorize and verify the validity of payment. The company reserves the right to withhold delivery until the additional information is received and authorization is obtained. If authorization is not received, the order will be cancelled. Customers warrant that they are fully authorized to use the debit card supplied for payment and that there are sufficient funds available to cover all costs.
• Credit card: If payment is made by credit card, Vape Mate may require additional information to authorize and verify the validity of payment. The company reserves the right to withhold delivery until the additional information is received and authorization is obtained. If authorization is not received, the order will be cancelled. Customers warrant that they are fully authorized to use the credit card supplied for payment and that there are sufficient funds available to cover all costs.
• Direct bank deposit or electronic funds transfer: If payment is made via direct bank deposit or electronic funds transfer, payment must be made within five days of placing the order. Vape Mate will not accept the order if payment has not been received.
• Instant EFT
• Cash on delivery: Customers selecting this option must have exact cash on hand at the time of delivery, unless otherwise excluded as listed in Vape Mate’s FAQ section.

1. Further details regarding payment options can be found in Vape Mate’s FAQ section.
2. Customers can contact Vape Mate via the Help page to obtain a full record of their payment. The company will also send email communications regarding the order and payment.
3. Once the payment method is selected, customers will be directed to a secure site for payment of the purchase price for the goods, unless direct bank deposit is selected.

Vape Mate’s Delivery of Goods and Privacy Policy:

Delivery of Goods:

Vape Mate takes reasonable efforts to accurately reflect the description, availability, purchase price, and delivery charges of goods on their website. However, in case of any errors on the website that are not due to their gross negligence, Vape Mate shall not be liable for any loss, claim, or expense relating to a transaction based on any error. They will only refund the amount already paid or as set out in their Returns Policy if there was an incorrect purchase price.

Vape Mate is not bound by any incorrect information regarding their goods displayed on any third-party websites.

Privacy Policy:

Vape Mate respects your privacy and takes reasonable measures to protect it. When you register as a user on their website, they may require you to provide personal information that includes your name and surname, email address, physical address, gender, mobile number, and date of birth.

If your personal information changes, you must inform them and provide updates as soon as reasonably possible to enable them to update your information. You may choose to provide additional personal information, in which case you agree to provide accurate and current information and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

Privacy Policy for Vape Mate

At Vape Mate, we take your privacy seriously and will take reasonable measures to protect it as described in this policy.

Personal Information Collection: When you register as a user on our website, we may collect personal information, including your name, surname, email address, physical address, gender, mobile number, and date of birth. You may choose to provide additional personal information to us, and you agree to provide accurate and current information.

Use of Personal Information: We will use your personal information to process orders, deliver goods to you, and communicate with you about our products and services, including marketing material. We may also use your information to improve our website and product selection.

Disclosure of Personal Information: We may disclose your personal information to employees, service providers, divisions, affiliates, and partners who need to know your information to assist us in delivering our products and services to you. We may also disclose your information to law enforcement or other third parties when necessary to prevent physical harm or financial loss, report illegal activity, or comply with legal obligations.

We require all employees, third-party service providers, divisions, affiliates, and partners with access to your personal information to sign confidentiality agreements.

Ratings and Reviews: When you provide a rating or review of our products, you consent to us using that rating or review as we see fit, including displaying it on our website or in marketing material. We will only display your first name with the rating or review.

Protection of Personal Information: We will take reasonable technical and organizational measures to protect your personal information against unauthorized access, accidental loss, destruction, damage, alteration, disclosure, or other forms of unauthorized processing. We will provide you with access to your personal information to view and update personal details. We will promptly notify you if we become aware of any unauthorized use, disclosure, or processing of your personal information.

If you request it, we will promptly return or destroy any and all of your personal information in our possession or control, except for that which we are legally obliged to retain.

By using our website, you consent to the terms of this privacy policy. We reserve the right to modify this policy at any time, so please review it frequently. If you have any questions or concerns about our privacy policy, please contact us at [insert contact information].

Thank you for choosing Vape Mate. We take your privacy seriously and have implemented measures to ensure that your personal information is protected. Please read our Terms and Conditions carefully to understand how we collect, use, and disclose your information.

We will only retain your personal information for as long as necessary and as permitted by law. We will never sell or disclose your information to third parties unless it is required by law or you have given us your consent to do so. However, we cannot guarantee or be held liable for any unauthorized disclosure of your personal information by third parties that are not under our control, except if it is a result of our gross negligence.

We use cookies to collect data and information on the usage behaviour of our website users. This helps us improve our website and its content and display more focused advertising by using third-party tools. The information collected by cookies does not personally identify you. You can choose to deny or accept cookies by using the settings in your browser. However, disabling cookies may limit your access to certain features on our website.

We may change our Terms and Conditions at any time, and it is your responsibility to check for updates and ensure that you are satisfied with the changes. Your continued use of our website after any changes are made will be deemed as your acceptance of the amended Terms and Conditions.

By using our website or sending us emails, you consent to receiving electronic communications from us or any of our divisions, affiliates, or partners in accordance with our privacy policy.

Thank you for choosing Vape Mate.

The following are the ownership and copyright terms for Vape Mate:

Ownership and Copyright:

The contents of the Vape Mate website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, and service marks displayed on or incorporated in this website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of Vape Mate, its advertisers and/or sponsors, and/or is licensed to Vape Mate.

You will not acquire any right, title, or interest in or to the Website or the Website Content. Any use, distribution, or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law.

Where any of the Website Content has been licensed to Vape Mate, your rights of use will also be subject to any terms and conditions which that licensor imposes from time to time, and you agree to comply with such third-party terms and conditions.

Disclaimer:

The use of the Vape Mate website is entirely at your own risk, and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.

Whilst Vape Mate takes reasonable measures to ensure that the content of the Website is accurate and complete, Vape Mate makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness, or reliability of any information on the Website. If any such representations or warranties are made by Vape Mate’s representatives, Vape Mate shall not be bound thereby.

Vape Mate disclaims liability for any damage, loss, or expenses, whether direct, indirect, or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

Although goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

Any views or statements made or expressed on the Vape Mate website are not necessarily the views of Vape Mate, its directors, employees, and/or agents.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Vape Mate also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials, or any other data or code that is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware, or software in any way. You accept all risk associated with the existence of such viruses, destructive materials, or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Vape Mate, its employees, agents, or authorized representatives. Vape Mate thus disclaims all liability for any damage, loss, or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

Linking to third party websites This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Vape Mate is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon. Limitation of liability Vape Mate cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Vape Mate, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our contact page. VAPE MATE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE. YOU HEREBY INDEMNIFY VAPE MATE AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE. Availability and termination We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you. Vape Mate may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Vape Mate will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you. Vape Mate is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion intended by Vape Mate to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Vape Mate, in whole or in part, on notice to you. Vape Mate shall only be liable to refund monies already paid by you (see Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order. At any time, you can choose to stop using the Website, with or without notice to Vape Mate.

Governing law and jurisdiction These Terms and Conditions and any dispute arising from or in connection with these Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. By continuing to use this Website, you consent and submit to the exclusive jurisdiction of the South African courts regarding all proceedings, transactions, applications, or the like instituted by either party against the other, arising from any of these Terms and Conditions. In the event of any dispute arising between you and Vape Mate, you agree to submit to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town), regardless of the amount in dispute. This clause 23 and the Terms and Conditions do not limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act. Notices Vape Mate selects Johannesburg Gauteng as its base for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Vape Mate may update this address from time to time by updating these Terms and Conditions. Depending on the need, Vape Mate will provide a more direct address. You may select any physical address as your delivery address, which will be considered your legal address, but you must give Vape Mate at least 7 days’ written notice of any change to the delivery address. Notices must be sent by hand, prepaid registered post, telefax, or email, and must be in English. All notices sent – by hand will be deemed to have been received on the date of delivery; by prepaid registered post, will be deemed to have been received 10 days after the date of posting; by email will be deemed to have been received on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND VAPE MATE MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.