Terms of sale

Contents

• Introduction
• Information about us
• Products
• How to order
• Vape Subscription (Auto-ship) service
• Prices
• How to pay
• Delivery & postage
• Your right to return & cancel
• Effect of return & cancellation
• Complaints & returning faulty products
• Opening your account
• Cancelling your account
• Data protection
• Liability
• Majeure
• Miscellaneous
• 30 day money back guarantee

 

Introduction

1.1 These Terms and Conditions of Sale ("Terms") are entered into between us and you and the sale of products ("Products") by us to you on this website (the "Website") are subject to these Terms.

1.2 Please make sure you have read these Terms carefully before ordering Products on the Website.

1.3 Every time before you order a Product on the Website, please check these Terms carefully to ensure you understand the terms which apply at that time. We may change these Terms and Conditions at any time in order to reflect changes in the law, to meet regulatory requirements or new industry guidance and codes of practice

 

Information About Us

2.1 Although the Website is operated by Fontem Ventures B.V., when you order a Product for purchase on our Website and, if your order is accepted by us, you will be contracting with Imperial Tobacco Limited, 121 Winterstoke Road, Bristol, England, BS3 2LL registered in England and Wales under company number 01860181 ("we", "our" or "us"). To contact us, please email us at support@blu.co.uk.

2.2 Our VAT registration number is GB216608614.

Products

31. The Products are as described on this Website and identified by you when you place an order. You should ensure that you have checked the Product description on the Website before placing your order. The Product may vary slightly from the image of the Product on the Website.

3.2 We are under a legal duty to supply goods that are in conformity with this contract.

 

How To Order

4.1 To purchase Products on the Website, you must be aged 18 years or over and have a postal address in the UK, Scotland or Wales.

4.2 You may place an order for a Product by opening an account (see clause 12 for further details). During the order process you will be asked to provide payment through the on-line payment facility. Your order will be submitted to us when you click on the "Make a Payment" button at the end of the order process. Your order represents an offer to us to purchase a Product.

4.3 By placing an order, you authorise us to immediately charge your payment method with the purchase amount and we are entitled to rely on your placing of an order as an instruction to us to take your payment.

4.4 After you place your order, we will confirm our acceptance by sending you an email to the email address you have provided to us. Once we send you this confirmation email, a legally binding contract will be formed between you and us.

4.5 All Products shown on the Website are subject to availability. We will inform you by e-mail if the Product you have ordered is not available. If the Product is not available, but we have accepted your payment, we will give you a refund and the order will not be fulfilled.

4.6 When you place your order, you must have the authority to enter into a contract.

4.7 If you breach clause 4.1 or 4.7 of these Terms at any point prior to the delivery of any Product ordered by you, we will not deliver the Product to you and will refund the full payment for the Product that we have received from you, subject to deducting any reasonable costs that we incur in handling the process. 

 

Vape Subscription (Auto Ship) Service

5.1 Our Vape 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.  You will need to create an account with us in order to place a Subscription order.

5.2 Each instalment of your Subscription constitutes an individual order for the purposes of these Terms of Sale. 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.

5.3 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.

5.4 All returns under the Subscription shall be in accordance with clauses 9 and 10 below.

5.5 Valid credit or debit cards are the only payment method(s) accepted for Subscriptions.

5.6 The price for each individual order placed in accordance with your Subscription will be charged to the credit or debit card used to create your Subscription or as otherwise directed by you. If we are unable to complete your order with the payment method you used to create your subscription, the Subscription will be stopped.

5.7 Your Subscription will remain in effect until it is cancelled by you. You may terminate your Subscription at any time via the Website in ‘My account>Vape Subscription’ and all subsequent deliveries will be cancelled. If you terminate your Subscription after an individual order placed in accordance with your Subscription has been dispatched for delivery, this will be treated as an ordinary cancellation for the purposes of these Terms of Sale. For more information on how to cancel and claim a refund, please see clauses 9 and 10 below.

 

Prices

6.1 All prices are in pounds sterling and include VAT. Delivery charges will be indicated to you at the time of ordering and will be added to the price of the Product when you place your order.

6.2 The price of a Product is as published on the Website when you place your order on the Website. Prices are subject to change without notice at any time, but changes will not affect any order that has previously been placed by you. However, if the rate of VAT changes between the date of your order and the date of our acceptance of the order, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

 

How To Pay

7.1 You may pay for the Product using any payment method that we will accept as indicated on the Website from time to time.

7.2 We will request authority for payment from your card when you place your order. If we fail to receive authority for your payment, or if we reasonably believe that payment will be refused, we reserve the right to reject your order.

 

Delivery & Postage

8.1 Delivery of a Product will only be made to postal addresses provided by you in the United Kingdom. Please note that we do not deliver to PO Boxes.

8.2 All Products that you order will be dispatched via a delivery service at the cost indicated to you on the Website when you place an order.

8.3 We will indicate our estimated dispatch timings on the Website. Please note that the dispatch timings indicated on the Website are estimates only: they are not guaranteed times and should not be relied on as such. Once we accept your order, we will send you an email confirming when your Product has been dispatched.

8.4 If we accept your order, we will deliver your Product by no more than 30 days after entering into a contract with you. If you have not received your Product within 5 working days of our estimated delivery date set out in our confirmation, please notify Royal Mail and contact blu support with the Royal Mail case number. For further information click here.

8.5 You will own the Product once it is delivered to you.

 

Your right to return and cancel

9.1 You have the right to cancel this contract within 14 days without giving any reason. However, due to hygiene reasons, your right to cancel ceases once the Product is unsealed after delivery.

9.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires, physical possession of the goods.

9.3 To exercise the right to cancel, you must inform us of your decision to return and cancel this contract by a clearly stating this in an email sent to: support@blu.co.uk or by calling us on +44 (0) 800 0149 355.

9.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

9.5 Please keep a copy of your cancellation notification and the date of sending the notification to us for the record.

9.6 30 Day Money Back Guarantee 

You have additional rights if you purchased a device with a 30-day money back guarantee. For more information, please click here. For full guarantee terms and conditions, applicable on starter kits marked with a 30-day money back guarantee icon, please click here.

 

Effect of return and cancellation

10.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered to us).

10.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

10.3 We will make reimbursement without undue delay, and not later than:
• 14 days after the day we receive back from you any goods supplied, or
• (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
• If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

10.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back.

10.5 You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods.

10.6 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

Complaints & Returning Faulty Products

11.1 Please contact us by using the contact details set out in clause 2.1 if you have any complaints about the Product. We aim to respond to any complaints as far as possible within 14 days of receiving the complaints.

11.2 In the event that the Product delivered to you is damaged or defective, please contact us as soon as possible using the contact details contained in clause 2.1 above. We will provide you with an address to which the Product must be returned free of charge.

11.3 Upon our receipt of the returned Product, we reserve the right to inspect the Product to determine whether it is defective or not.

11.4 If the Product is defective, you may ask for a replacement of the Product. If however it is not possible or disproportionate to replace the Product, we will offer you a full refund of the price of the Product (including any additional delivery charges or costs paid by you when you placed the order).

11.5 Once we confirm that you are entitled to a refund, we will aim to process your refund as soon as possible and, at the latest within 14 days of confirming that you are entitled to a refund. You will receive your refund to the credit or debit card that you used to pay.

 

Opening Your Account

12.1 In order to apply to create an account, please follow the instructions on the Website. It will be at our sole discretion as to whether we accept your application to create an account.

12.2 You must be aged 18 years or over with a UK, Scotland or Welsh registered postal address to create an account on the Website.

12.3 Only one account may be opened per individual user.

12.4 You will be asked to provide information including your name, email address, postal address and mobile phone number when creating your account. Your email address will be used to identify you when you use the Website. We reserve the right to terminate your account in the event that you provide an invalid email address. We accept no responsibility for orders that are not received as a result of an incomplete or incorrect address being provided. You agree that such information is true, accurate and complete and that you will notify us immediately if any part of this information changes.

12.5 You will also need to provide a password in order to access your account. You are entirely responsible for maintaining the confidentiality of your password and you will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure. We encourage you to use a "strong" password (including a combination of numbers and letters). You agree to notify us immediately in the event of any unauthorised use, or suspected unauthorised use of your password or account.

 

Cancelling Your Account

13.1 We may temporarily suspend or cancel your account at any time and for any reason without notice.

13.2 You may cancel your account at any time and for any reason by contacting us by email at the address set out in clause 2.1 above. We may ask you to provide proof that you are the account holder.

 

Data Protection

14.1 Any personal data that you provide to us on our Website will only be used in accordance with these Terms and our Privacy Policy. Please ensure that you have read our Privacy Policy before proceeding.

14.2 By providing your personal data to us you are consenting to its use in accordance with these Terms and our Privacy Policy.

 

Liability

15.1 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 damage resulting from breach by you of any term of the contract (iii) in the circumstances described in clause 16 below and (iv) for business losses arising out of or in connection with these Terms, other than the circumstances described in clause 16.2 below.

15.2 Nothing in these Terms limits or excludes either party’s liability for fraudulent misrepresentation, for death or personal injury resulting from the party’s negligence or the negligence of our agents or employees.

 

Force Majeure

16.1 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 caused by any circumstances beyond our control, which include but are not limited to vandalism, accident, break 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.

16.2 If such circumstances occur that affects 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 to you is affected, we will arrange a new delivery date with you.

 

Miscellaneous

17.1 If any of these Terms is held by any court 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.

17.2 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.

17.3 This contract is entered into between you and us. Except for any company within our group, no other person may enforce any of these terms by virtue of the Contract (Rights of Third Parties) Act 1999.

17.4 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 to us by post or by email to the address or email address set out in clause 2.1. 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.

17.5 These Terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

Any blu promotional offer (“the Offer”) is subject to our terms of sale (see above) and the following additional terms:

1. The Offer ends at 23:59 on the promotion end date specified on your voucher. After this date, the voucher code needed to redeem the Offer will become invalid. We will reject any orders that are submitted using an invalid voucher code after the promotion end date specified on your voucher.

2. Unless otherwise stated on your voucher, the Offer is limited to one purchase per customer.

3. Unless otherwise stated on your voucher, the Offer is only available to individual consumers in the UK who are purchasing the product for personal use. For the avoidance of doubt, we reserve the right to reject any order submitted in connection with this Offer if we reasonably suspect that you are not a bona fide consumer, for example if we suspect that you (or anyone connected with you) are:
(a) using a false name and/ or address in order to make more than one purchase; or
(b) attempting to take advantage of the Offer for commercial gain by re-selling myblu products purchased as part of this Offer.

4. All orders submitted in connection with this Offer are subject to availability. Please note that if we experience a very high level of demand for the Offer, anticipated delivery times may take longer than usual.

5. We reserve the right to amend or vary the terms of the Offer (including the end date) if, for reasons outside of our control, we are unable to continue the Offer on these terms. This includes circumstances where requests for the voucher significantly exceed the levels of forecasted stock required by us before launching the scheme. 

6. If there is an inconsistency between any of the provisions of these additional terms, the Offer and our terms of sale respectively, the provisions of these additional terms shall prevail in preference to the Offer and our terms of sale, and the provisions of the Offer shall prevail over the provisions of our terms of sale.

 

Terms and Conditions for: blu 30 Day Money Back Guarantee

18.0 General

18.01 These terms and conditions (the Terms) are applicable to the blu 30 Day Money Back Guarantee (the Guarantee).

18.02 The Guarantee only applies to purchases of devices purchased via the blu UK website that are marked with a 30 Day Money Back Guarantee icon when presented for sale on blu.com/en-GB, on or after 5th May 2021.

18.03 The Guarantee does not in any way affect your statutory rights.

 

18.10 Returning your Device

18.10 If, within 30 days of receiving your device (the Guarantee Period), you are not satisfied with the product for any reason, we will refund you the full purchase price that you paid for the device.

18.11 In order to receive a full refund, you must contact blu support by email, phone or web chat. Blu support will respond to your request within 7-14 working days, and provide you with a returns number and a free post address label, for you to use to return the device.

18.12 You must package up the device securely using the free post address label and mark the package clearly with your returns number. You will then need to take the package to your local Post Office so that it can be dispatched to us. We recommend obtaining proof of postage.

18.13 You must have submitted your refund request no later than 7 days after the Guarantee Period has expired. If you do not submit your returns request within this time, we reserve the right not to offer you a refund. Please note that your statutory rights are unaffected by this. For example, if the device is faulty you may still have rights under the Consumer Rights Act 2015 after the Guarantee Period has expired.

 

18.2 Refunds

18.20 Provided that your device is returned free from damage, we will process your return and refund the monies to the same account that you used to purchase the device. Please note that refunds may take up to 10 working days from the day on which we receive the returned device. 

18.21 If you also paid a delivery fee when purchasing your device, this will be refunded to you in addition to the purchase price of your device.

 

18.3 Additional terms

18.30 If we reasonably suspect any abuse of the Guarantee, we reserve the right to refuse your refund request.

18.31 We may contact you directly using the contact details that you used to purchase the device if there are any issues with your refund.

18.32 Please note that the Guarantee is limited to one device purchase per customer. Any suspected multiple, bulk or third party refund requests will not be accepted.

18.33 The Guarantee is not available to customers who are acting in their course of business.

18.34 We reserve the right to vary these Terms, or to cancel the Guarantee at any time, but will always endeavour to minimise any effect to you as a customer, and to notify you if this affects your device purchase.

18.35 By submitting a refund request, you will be deemed to have accepted and be bound by these Terms.