Terms and Conditions of purchase of use

This website www.mivapours.com (the “Website”) is owned and operated by M.I.S Ltd

PLEASE READ THESE TERMS AND CONDITIONS OF PURCHASE AND USE (THE “TERMS”) CAREFULLY. THE TERMS GOVERN YOUR USE OF THE WEBSITE AND YOUR PURCHASE OF PRODUCTS FROM THIS WEBSITE. THE TERMS EXEMPT MiVAPOURS AND OTHER PERSONS FROM LIABILITY OR LIMIT THEIR LIABILITY, AND CONTAIN OTHER IMPORTANT PROVISIONS.

1. USE OF WEBSITE, ACCEPTANCE AND AGREEMENT TO THESE TERMS

These Terms govern your access to and use of the Website. Each time you access and use our Website you are signifying your agreement that you have read, understood and agree to be bound by and subject to the Terms as they then read. You represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any person or entity you claim to represent. If you do not agree with these Terms, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations.

2. CHANGES TO THESE TERMS; TERMINATION; AVAILABILITY

We may change these Terms from time to time by posting revised Terms on the Website. Your use of the Website after these revised Terms have been posted signifies your acceptance and agreement to be bound by the revised Terms. Mi Vapours may in its discretion at any time immediately terminate, temporarily or permanently, these Terms or your permission to access and use the Website.

Although Mi Vapours endeavours to ensure the Website is available at all times, there may be occasions when interruption to the Website may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that Mi Vapours shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website.

3. OWNERSHIP; YOUR USE OF THE WEBSITE

The Website (including all content, graphics, and other intellectual property and elements incorporated into the Website) is the property of Mi Vapours and/or others, and is protected by copyright, trademark and other intellectual property laws, under national laws and international treaties. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. Mi Vapours and/or its licensors (as the case may be) retain all right, title, interest and intellectual property in the Website and its content.

The Website may not be used for unlawful or commercial purposes; it is for your lawful, personal, non-commercial use only. You may use the Website only as expressly permitted in these Terms and subject to all applicable laws. The Website and its content may not be copied, reproduced, modified or distributed in any way without the express prior written consent of Mi Vapours. You may not transfer, sell, resell or exploit any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Terms.

You may use the Website only if you are a resident of Ireland, have reached the age of majority according to Irish law and you can form legally binding contracts under applicable law. Mi Vapours may request proof of identification and age (for example, proof of your ability to purchase certain Items). If you are a minor, please have a parent or guardian purchase for you. Certain offers may only be available to limited geographical locations. We ship products only to addresses in Ireland.

4. REGISTERED USERS; PROTECTING LOGIN INFORMATION

Certain areas and features of our Website are available only to registered users. If you register as a user, you will be issued a login name and password by Mi Vapours. Although Mi Vapours has no obligation to verify the actual identity or authority of any person registering to use the Website, Mi Vapours may in its discretion require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or refuse to accept or act upon any communication from a user.

If you have been issued a login name and password, you should not disclose your login name or password to any other person or let any other person use your login information. You are fully responsible and liable for the security of your login information and any and all use and misuse of such information. If you believe that your login information has been lost or stolen or become known to or used by any other person, you will immediately notify Mi Vapours by email to sales@mivapours.com.

5. USE AND OWNERSHIP OF USER PROVIDED CONTENT

If you provide Mi Vapours with any unsolicited ideas or suggestions, or post any content on the Website, you (i) represent and warrant that you are the owner or creator of such content (or have received permission from the owner or creator to make such submissions or postings subject to the Terms), and (ii) grant to Mi Vapours, its successors, assigns and licensees, a worldwide, perpetual, royalty-free, irrevocable, unrestricted, nonexclusive, assignable, sublicensable, right and license to use and exploit such submissions or content for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Mi Vapours or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in such submissions and/or content are waived in favour of Mi Vapours and its successors, assigns and licensees.

6. ACCURACY OF INFORMATION YOU PROVIDE TO Mi Vapours

You represent and warrant that all information you provide to Mi Vapours through this Website, including registration information, payment information, and transaction-related information, is true, accurate and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Mi Vapours or any other person may incur as a result of you providing any false, incorrect or incomplete information, or if you fail to update your registration information and payment information within 30 days of any change.

7. ERRORS AND PRODUCT AVAILABILITY; OFFERS TO PURCHASE

Errors, misprints and omissions (including incorrect prices, descriptions or specifications for products) may sometimes occur. Mi Vapours does not guarantee that products and services advertised on our Website will be available when ordered or thereafter. Mi Vapours makes no representation or warranty that the content of the Website, including product descriptions or photographs, is accurate or complete.

In addition and supplementary to the provisions of the Purchase Terms and Conditions stated below, Mi Vapours may at any time, without any prior notice or liability to any Website user (a) correct any error, inaccuracy or omission; (b) change the products and services available on the Website, or the prices, fees, and specifications of such products and services, or any promotional offers and any other Website content; and (c) limit quantities available for sale.

Unless otherwise noted, all promotional offers, bundles, and deals shall be limited to one per customer. Mi Vapours reserves the right to cancel and subsequently refund any order or orders which do not abide by this condition of purchase.

The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Euro.

8. TRADEMARKS/LOGOS

Mi Vapours logo and other names and logos that are used on our Website (the “Marks”) are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by Mi Vapours or their respective owners or licensees. Any use of the Marks (other than as permitted by these Terms) is prohibited. Nothing in this Website or the Terms shall grant, or is intended to grant, any license or right to use any of the Marks.

9. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR UNAUTHORIZED POSTINGS

Linking to the Website without the prior written permission of Mi Vapours is prohibited. If you desire to link to our Website, you may send an email to sales@mivapours.com requesting such permission. Mi Vapours may in its discretion deny or revoke any permission it may give to link to the Website at any time and without any notice or liability.

The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments or any other information of any kind to or on the Website that would be visible to any other users, except in connection with the use of Mi Vapours forums or other Website locations intended for such comments and hosted by Mi Vapours.

10. COMPETITIONS

Mi Vapours may make competitions available to users of the Website and others. All competitions are governed by these Terms and the applicable contest rules. By participating in a competition through the Website, you are agreeing to these Terms and the applicable competition rules.

11. PURCHASE TERMS AND CONDITIONS

ACCEPTANCE OF ORDERS —

Advertisements on our Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. Your properly completed and delivered order information constitutes your offer to purchase the products or services referenced in your order. You will be provided with an opportunity to verify and correct information you entered prior to placing your order. Your order will be deemed to be accepted only if and when we send a confirmation of the terms of your order to your email address and will be subject to these Terms and the additional terms and conditions included in your order, which together will form a legally binding contract with Mi Vapours. If we cannot ship your entire order at one time, we will only process payment for the parts of the order that we ship to you.

We may limit quantities available for sale or sold, and we reserve the right at any time to reject or correct any order for any reason whatsoever. Certain offers may not be available in certain geographical areas. If the price of any product you order was incorrectly displayed on our Website, we will provide you with an opportunity to place an order at the correct price assuming such product is available.

Unless otherwise indicated, all prices and other amounts are in Euro.

Original packaging of Vaporisers Hardware, Software and Accessories will occasionally be opened by our warehouse team to ensure quality. Please note that this does not affect your warranty on this items.

CANCELLATION OF ORDERS —

If you wish to cancel an order, you may request a cancellation by emailing at sales@mivapours.com. However, if we are not able to receive and process your cancellation request before we accept and ship yourorder, your cancellation request may not be effective. If we are unable to cancel your order before it is shipped, you may request a return authorization in accordance with Mi Vapours standard return policy.

SHIPPING —

If Mi Vapours has your product(s) in stock, we will email you a shipping and payment notice confirming that the items have shipped and are en-route to you. In-stock orders (excluding special delivery items) normally ship within one business day of placing your order, but may be delayed if Mi Vapours needs additional information or otherwise is delayed in shipping process. Out-of-stock orders will ship once the item is back in stock. We will send you the shipping notice once the item is back in stock and has been shipped. How soon you receive the product(s) depends on the shipping method you have chosen.

The total price of your order will be charged to your credit card when our shipping and payment notice email has been sent to your email address.

DELIVERY —

Delivery is subject to warehouse availability. Out-of-stock items will be shipped as soon as possible, upon arrival from the manufacturer/publisher. Please take shipping time into consideration.

REFUNDS AND RETURNS —

When you receive your package, you should examine it closely before opening the factory sealed product packaging to determine that it is what you ordered. If you are not satisfied with your order, you may exchange or return your product at any Mi Vapours retail store in Ireland. We also accept returns by mail for orders that were shipped directly to you. The returned product should be returned in the same condition as when you purchased it, with all manuals, accessories, and the packing slip.

Should you change your mind about your order, we will accept return within 14 days after you receive your order.

We would be pleased to exchange or give you a refund in-store on most items you buy online, up to 30 days after your receive your order. We will exchange game consoles up to 14 days after you receive your order.

Due to copyright laws, Vaporisers and Extras in opened packages may only be exchanged for the same item. Shipping and handling charges are non-refundable; however, we will refund your original shipping cost if you are returning a defective item, if required by law, or because of an error on our part.

All products (whether defective or non-defective) must be returned in their original purchase condition, with the original packing material, blank warranty cards, manuals and any other item or accessory provided by the manufacturer. IMPORTANT: If a returned order has items missing, the order may be refused, or the value of the missing materials may be deducted from the total credit amount.

On purchases made with a credit card, only the same card used to make the purchase will be credited with the refund. The credit will be made within 7 business days of us receiving and verifying the returned merchandise.

METHODS OF PAYMENT —

You can pay for any purchase you make online by using a MasterCard, VISA, PayPal or American Express card.

ADVERTISING REBATE POLICY —

Any applicable taxes are calculated and payable on the price before applying the rebate. Postage must be paid on mail-in rebates. Mi Vapours is not responsible for manufacturer mail-in rebates.

ERRORS AND MISPRINTS —

If we discover that a product’s price, description or specifications are misstated or incorrect, we will endeavour to correct the error on our Website. You should always check the manufacturer’s or service provider’s description and specifications for any product or service that you may want to purchase.

If we make an error with regard to your order, we may correct or cancel an order at any time, and/or edit an order to reflect the correction (you will have the right to approve or confirm any increase in price or shipping charges). In the event that you are shipped an incorrect product, we will accept the return of the product and provide you with a refund.

12. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS ON LIABILITY AND INDEMNITY

This clause limits our legal liability to you for your access to and use of the Website and your online purchases. You should read this clause carefully. You acknowledge that you have entered these Terms relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract. Nothing in these Terms is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded.

DISCLAIMERS —

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO QUALITY, ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY Mi VAPOURS TO THE FULLEST EXTENT PERMITTED BY LAW.

LIABILITY EXCLUSIONS —

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER Mi VAPOURS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND OTHER REPRESENTATIVES WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THESE TERMS INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY Mi VAPOURS OR ANY PERSON FOR WHOM Mi VAPOURS IS RESPONSIBLE, AND EVEN IF Mi VAPOURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

Mi VAPOURS DOES NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE (OR THAT OF OUR EMPLOYEES OR AUTHORISED REPRESENTATIVES) OR FRAUD.

13. PERSONAL INFORMATION; PRIVACY POLICY

Mi Vapours collects, uses and discloses personal information in accordance with its Privacy Policy. By accepting these Terms, and each time you use the Website, you consent to Mi Vapours collection, use and disclosure of any personal information you have provided in accordance with Mi Vapours Privacy Policy as it then reads.

14. LINKS TO OTHER WEBSITES/RESOURCES

Our Website may include links to other Internet websites or resources, and to businesses operated by other persons. These other websites are not operated or controlled by Mi Vapours. Accordingly, Mi Vapours is not responsible for, and will have no liability for, these other websites, their business, goods, services, or content. If you link to or use any of these other websites, your dealings with the owners or operators of these websites is at your own risk, and you agree that you will not make any claim against Mi Vapours arising from your use of any of these other websites.

15. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms, your access to and use of the Website, and all related matters are governed solely by the laws of Ireland. Any dispute between you and Mi Vapours or any other person arisingfrom, connected with or relating to the Website, these Terms, or any related matters (“Disputes”) will be resolved before the courts of Ireland and you hereby irrevocably submit to the exclusive jurisdiction of those courts in respect of all Disputes.

16. OTHER MATTERS

If any provision of these Terms is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect.

These Terms enure to the benefit of and are binding upon each of Mi Vapours and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign any rights or obligations that you have under these Terms. Mi Vapours may assign its rights and obligations under these Terms without your consent.

No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.

Any rights not expressly granted by these Terms are reserved to Mi Vapours.