13 Transfer of rights and obligations
1 Introduction
1.1 When you purchase products from blu.com (the “Website”) on a subscription basis, you accept the following Subscription Terms and Conditions (“Terms”) and agree that your purchase will be subject to these Terms. Please make sure you read these Terms carefully before placing your order.
1.2 We may amend these Terms at any time to reflect changes in the market conditions affecting our business, changes in the law, to meet regulatory requirements or new industry guidance and codes of practice. Any such amendments will be immediately effective on the date we post the updated terms to the Website. Your continued use of our subscription service will constitute your consent to be bound by the updated Terms. Please check this page regularly to ensure you are happy with any changes to these Terms.
2 Information about us
2.1 Although the Website is operated by Fontem Ventures B.V, your contract for the subscription service is with Imperial Tobacco Limited, a company registered in England and Wales under company number 01860181, with its registered office at 121 Winterstoke Road, Bristol, England, BS3 2LL (“we”, “our” or “us”).
2.2 To contact us, please email us at support@blu.co.uk.
2.3 Our VAT registration number is GB216608614.
3 Subscription service
3.1 Our subscription service enables you to place a recurring order for eligible products in a quantity and at a shipping frequency selected by you (a “Subscription”). Your Subscription will take effect upon completion of the checkout process for your first Subscription order.
3.2 You will need to create an account with us in order to place a Subscription order. You must be an existing smoker or vaper, aged 18 or over, with a UK registered postal address to register for our Subscription service.
3.3 If any problems arise with your account, the shipping address or payment method associated with your Subscription that we are unable to resolve, we will notify you via e-mail asking you to resolve the problem. Your subscription will be placed on hold and no additional orders will be processed or shipped until the problem has been resolved. You will need to log into your account to resume or amend your Subscription.
3.4 Your Subscription will remain in effect until it is cancelled by you. You may cancel your Subscription at any time via the Website in ‘My Account > Vape Subscription’ and all subsequent deliveries will be cancelled. If you cancel your Subscription after an individual order placed in accordance with your Subscription has been dispatched for delivery, and you wish to cancel that order, this will be treated as an ordinary cancellation for the purpose of these Terms and you will need to return the Products to us in good, unused and sealed condition.
3.5 If you need to return any products to us for any reason, please see further information on how to do this under the “return and cancellation” sections of our Terms of Sale.
3.6 You can pause, skip or amend your Subscription at any time via the Website in ‘My Account > Vape Subscription’. Such amendments may include changing the Products and/or flavours included in your Subscription, changing the frequency of your Subscription orders or updating your delivery address or payment method.
3.7 We reserve the right to end any Subscription and/or decline the creation of any Subscription at any time, for any reason and without notice to you.
3.8 We are not responsible or liable for any errors, omissions or faults caused by you during the creation of any Subscription and you warrant that any and all information provided by you is true and accurate. If you require further assistance on how to create a Subscription, please visit the Subscription page on our Website.
3.9 In the event that a Product included in your Subscription is not available (regardless of whether this is due to normal stock fluctuations or any other reasons outside of our reasonable control) your Subscription will be paused, and we will email you to notify you and to invite you to log into your account to amend and resume your Subscription. If you do not wish to choose an alternative Product, you may cancel your subscription in accordance with clause 3.3 above.
3.10 We may from time to time make updates and improvements to our Products. If we replace any Product included in your Subscription with a new improved Product, we will automatically update your Subscription to the new Product and will notify you by email. If you do not wish to continue your Subscription with the new improved Product, you may cancel your Subscription in accordance with clause 3.3 above. Please note that our 30 Day Money Back Guarantee will apply in respect of such changes and if you are not satisfied with the new Product, you may return it to us for a full refund in accordance with clause 18, Terms of Sale.
4 Love2 Shop Vouchers
4.1 If you place three consecutive Subscription orders worth £40 or more, and each order is successfully processed and delivered in accordance with these Terms, we will automatically send you a £15 Love2Shop voucher (a “Voucher”) via email using the email address you have provided to us.
4.2 If you change the Products and flavours included in your Subscription or update your delivery address and/or payment method at any time, you may still be entitled to receive a Voucher, provided you still place and receive three consecutive Subscription orders worth £40 or more.
4.3 If you change the frequency of your Subscription deliveries at any time, the consecutive order count will be reset, and you will need to place and receive three consecutive Subscription orders worth £40 or more after making the change to receive a Voucher.
4.4 If you pause your Subscription at any time as set out in clause 3.7, the consecutive order count will be reset and you will need to place and receive three consecutive Subscription orders worth £40 or more after resuming your Subscription to receive a Voucher.
4.5 If we put your Subscription on hold due to an out of stock situation (as described at clause 5.2) the consecutive order count will be reset and you will need to place and receive three consecutive Subscription orders worth £40 or more after resuming your Subscription to receive a Voucher.
4.6 If a Subscription is cancelled, or a Subscription Order is not delivered successfully, then a Voucher will not be sent.
4.7 The Voucher must be redeemed by the expiry date provided. The Voucher is subject to and shall be used at all times in accordance with, such terms and conditions as may be applied by Park Retail Limited.
4.8 The Voucher is non-transferable and non-refundable. No cash alternative or alternative reward is available.
4.9 We reserve the right to substitute an alternative reward of equal or greater value should circumstances outside of our control make this necessary.
4.10 We are not responsible for lost Vouchers.
4.11 We reserve the right to cancel, amend, withdraw, terminate, temporarily suspend or replace this giveaway at any time, with no liability to you.
5 Products and availability
5.1 Subscriptions are only available on selected blu bars, pods and e-liquids and in the quantities as presented on the Website from time to time (“Products”).
5.2 We will use commercially reasonable endeavours to ensure the availability of the Products on our Website but cannot guarantee any Product availability. In the event that any of the Products placed under a Subscription are out of stock (regardless of whether this is due to normal stock fluctuations or events outside of our control) we will put your Subscription on hold and will be unable to process or deliver any further Subscription orders. We will notify you by email if this happens, using the email address you have provided to us, and you will not be charged. We will not be liable for any consequences suffered or incurred by you as a result. You will need to log into your account to resume or amend your Subscription.
6 Price and payment
6.1 Unless your Subscription is eligible for a reduced Subscription price (as detailed on the Vape Subscription page of the Website from time to time), each individual order will be charged according to the relevant Product price published on the Website on the day your order is processed, plus any applicable delivery charges. You will be notified of the price of each individual order placed in accordance with your Subscription before the order is processed.
6.2 You acknowledge that the Subscription Price (as applicable from time to time) cannot be used in conjunction with any other price structures available on the Products (or any other offer generally available through blu) as published by us from time to time.
6.3 All prices are in pounds sterling and include VAT.
6.4 Prices are subject to change without notice at any time, but changes will not affect any Subscription order that has already been processed.
6.5 Valid MasterCard or Visa credit or debit cards and PayPal are the only payment methods accepted for Subscriptions.
6.6 When you create a Subscription, your first Subscription fee will be billed immediately. Unless we expressly communicate otherwise, any subsequent fees relating to your Subscription will be charged to the payment method used to create your Subscription, on the date the relevant Products are dispatched to you. If we are unable to complete your order with the payment method used to create your Subscription, we will cancel your Subscription and will not process that order or any subsequent orders.
7 Delivery
7.1 We will only deliver Products to postal addressed in the United Kingdom. Please note that we do not deliver to PO Boxes.
7.2 Dispatch timings indicated on our Website are estimates only. They are not guaranteed and should not be relied on as such.
7.3 All Subscriptions are subject to standard delivery dispatch only and therefore exclude any ‘next day’ or ‘Saturday’ delivery options.
7.4 We will notify you by email before each individual Subscription order is processed and dispatched. You can track the status of each order by logging into your account and clicking on ‘check my orders’.
7.5 If you have not received your Product(s) within 5 working days of our estimated delivery date set out in our email notification, please contact blu support with your order details.
7.6 You will own the Product once it is delivered to you.
8 Liability
8.1 You agree that neither you nor us (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will be liable (i) for losses that were not foreseeable when the contract was formed, (ii) for losses that were not caused by any breach on our part, or any increase in loss or damaged resulting from your own breach of any of these Terms, (iii) in the circumstances described in clause 9 below, or (iv) for business losses arising out of or in connection with these Terms, other than the circumstances described in clause 8.2 below.
8.2 Nothing in these Terms limits or excludes either party’s liability for fraudulent misrepresentation, for death or personal injury resulting from that party’s negligence or the negligence of our agents or employees.
9 Events outside our control
9.1 We will not be liable in any way for loss, damage or expense that you incur arising directly or indirectly from any failure or delay in performing any of our obligations under these Terms, where caused by any circumstances beyond our control, which include but are not limited to vandalism, accident, breach down or damage to machinery or equipment, fire, flood, acts of God, strike, lock-out or other industrial disputes (whether or not involving our employees) or legislative or administrative interference.
9.2 If such circumstances occur that affect our performance of our obligations to you, we will contact you as soon as reasonably possible to notify you and our obligations will be suspended and the time for performance of our obligations will be extended for the duration of those circumstances. Where the delivery of Products is affected, we will arrange a new delivery date with you.
10 Notices
We will send notices and other communications to you at the e-mail address and/or mobile number you have provided to us. You must send all notices and other communications by post or by email to the address or e-mail address set out at clause 2 or using the Contact Us form on the Website. Any notices sent by e-mail or via the Contact Us form will be deemed to have been received 24 hours after the time sent by the sender. Any notices sent by first class post will be deemed to have been received on the next working day. Any notices issued by us that appear on our Website will be deemed to have been received when you next use the Website, unless expressly stated otherwise.
11 Data protection
Personal data that you provide to us by creating a Subscription will only be used in accordance with these Terms and our Privacy Notice. Please ensure you read our Privacy Notice before creating a Subscription.
12 Third party rights
Except for any company within our group, no other person may enforce any of these Terms by virtue of the Contracts (Rights of Third Parties) Act 1999.
13 Transfer of rights and obligations
13.1 These Terms are binding on you and us and on our respective successors and assignees.
13.2 You may not transfer, assign, charge or otherwise dispose of these Terms, or any of your rights or obligations arising under them, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of our rights or obligations arising under them, at any time.
14 Entire Agreement
14.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings and agreements relating to their subject matter.
14.2 You and we each acknowledge that, in entering into these Terms, neither you nor we rely on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
15 Waiver
If we fail to insist that you perform any of your obligations under these Terms, or if we delay or do not enforce our rights against you, this does not mean that we have waived our rights against you and does not mean that you do not have to perform your obligations.
16 Severability
If any of these Terms is held by any court or administrative body of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining terms which will continue to be valid and enforceable.
17 Law and jurisdiction
These Terms, their subject matter and their formation, are governed by English law. You and we both submit to the exclusive jurisdiction of the English courts. If you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland and if you are a resident in Scotland, you may also bring proceedings in Scotland.