Terms & Conditions

Terms and conditions

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least [18] years of age to use this website.  By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least [18] years of age.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to Vapepulse use of cookies in accordance with the terms of its's privacy policy / cookies policy.

1.    Detailed description of goods and/or services
Vapepulse & Downtown Vapoury is a business in the electronic cigarettes and associated accessories industry.

2.    Delivery policy
Subject to availability and receipt of payment, requests will be processed within 3 business days and delivery confirmed by way email and tracking number forwarded to the client.

3.    Export restriction
The offering on this website is available to South African clients only.

4.    Return and Refunds policy
The provision of goods and services by Vapepulse & Downtown Vapoury is subject to availability.  In cases of unavailability, Vapepulse will refund the client in full within 7working days.  Cancellation of orders by the client will attract a 3 % administration fee as well as the incurred courier cost if products have already been shipped.

Given the Nature of products we deal in, warranties are supplied at our discretion as each situation is dynamic in itself. We make no false promises or claims and all our products are tested except for hygienically protected items.We however do not provide warranties on Coil Cores/Wicks and products which are damaged as a result of abuse and negligence..


All our electronic devices carry a 3 Month Warranty subject to our terms and conditions.
In order to benefit under the manufacturer’s warranty we would in the event of a problem with your device require your receipt and box with an image declaring your products serial number.
Any recommendation made by our staff are purely based on feedback by consumers and colleagues and are in no way an offer to purchase a specific product.
We provide advice on the best offering based on experience and reviews and the decision to purchase a specific product /brand ultimately lies with the consumer. We will not be held accountable for purchases that do not meet your expectation and no swop outs will be considered in that respect.
If any electronic item has been used by the consumer, an assessment would need to be undertaken and efforts to repair the device shall be carried out at our discretion. If the device if not worthy of being repaired we shall after confirmation from the supplier provide you with a similar replacement product.
All products would need to be left at our store for Assessment. We will not do immediate swop outs.
Please note the Manufacturer’s warranty covers defective products that have ceased to operate and not products that do not meet your expectations.

Due to the nature of the products sold, we shall not cover the following under our warranty policy
1.)    No batteries shall be covered under warranty except if Stone dead on arrival.
2.)    No Tanks/Rda,s to be covered under warranty except for obvious manufacturing defects in the        product subject to assessment and testing by our staff.
3.)    Damage to items caused by Negligence shall not be covered under the warranty.
4.)    Liquid Damage shall void warranty.
5.)    Improper installation of upgraded software can cause bricking of devices. Bricked devices shall not be covered under warranty. Any repairs done to correct software issues shall be billable.
6.)    Paint chipping or fading shall not be covered under warranty
7.)    510 connector and related problems are not covered under warranty
8.)    Usb Charging pins and related issues not covered under warranty
9.)    Visible damage and abuse of the device shall void warranty.


Any repairs done to devices caused by issues not covered under warranties shall be billed for once our quote has been accepted. Cost of Repairs shall be paid for in advance. Spare parts used to repair the device shall be billed for separately.

5.    Customer Privacy policy
Vapepulse & Downtown Vapoury shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569 .

6.    Payment options accepted
Payment may be made via EFT, Visa and MasterCard.

7,    Card acquiring and security
Card transactions will be acquired for Vapepulse & Downtown Vapoury via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks.  PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

8.    Customer details separate from card details
Customer details will be stored by Vapepulse & Downtown Vapoury separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

9.    Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

10.    Responsibility
Vapepulse & Downtown Vapoury takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

11.    Country of domicile
This website is governed by the laws of South Africa and Vapepulse & Downtown Vapoury chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, at 292 West Rd, Overport, Durban shop 2/4,notices to be served by way of hand to responsible persons.

12.    Variation
Vapepulse & Downtown Vapoury may, in its sole discretion, change this agreement or any part thereof at any time without notice.

13.    Company information
This website is run by Vapepulse & Downtown Vapoury which is a private company based in South Africa trading as Vapepulse & Downtown Vapoury with registration number 2016/484232/07 and Ridwaan Dawood being the Sole Director.

14.    Vapepulse & Downtown Vapoury contact details

Company Physical Address: 292 West Rd, Overport, Durban.
Email: Info @vapepulse.co.za
Telephone:   031 207 4219

15.License to use website

Unless otherwise stated, Vapepulse and/or its licensors own the intellectual property rights in the website and material on the website.  All intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or OTHER CONTENT from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

 

·         republish material from this website (including republication on another website);

·         sell, rent or sub-license material from the website;

·         reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

·         edit or otherwise modify any material on the website; or

16. Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Vapepulse express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

17. Restricted access

Access to certain areas of this website is restricted.Vapepulse reserves the right to restrict access to other areas of this website, or indeed this entire website, at Vapepulse discretion.

If Vapepulse provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

Vapepulse may disable your user ID and password in its sole discretion without notice or explanation.

18. User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material that you submit to this website, for whatever purpose.

You grant to Vapepulse a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Vapepulse the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Vapepulse or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Vapepulse reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website.

Notwithstanding Vapepulse rights under these terms and conditions in relation to user content, Vapepulse does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

19 . No warranties

This website is provided “as is” without any representations or warranties, express or implied.Vapepulse makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the aforegoing paragraph,Vapepulse does not warrant that

this website will be constantly available, or available at all; or

the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical  matter you should consult an appropriate professional.

20. Limitations of liability

Vapepulse will not be liable to you whether under the law of contact, the law of torts or otherwise, in relation to the contents of, or use of, or otherwise in connection with, this website:

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Vapepulse has been expressly advised of the potential loss.

21. Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Vapepulse liability in respect of any:

death or personal injury caused by Vapepulse negligence;

Innocent misrepresentation on the part of Vapepulse; or

matter which it would be illegal or unlawful for Vapepulse to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

22. Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

23. Other parties

You accept that, as a limited liability entity,[VapePulse] has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against [VapePulse] officers or employees in respect of any losses you suffer .

24 . Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

25. Indemnity

You hereby indemnify Vapepulse & Downtown Vapoury and undertake to keep it indemnified against any losses, damages, costs, liabilities and expenses ,including without limitation legal expenses and any amounts paid by to a third party in settlement of a claim or dispute on the advice of Vapepulse and/or Downtown Vapoury  legal advisers incurred or suffered by Vapepulse and/or Downtown Vapoury arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

26. Breaches of these terms and conditions

Without prejudice to VapePulse other rights under these terms and conditions, if you breach these terms and conditions in any way,Vapepulse may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website

27 . Assignment

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

28. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

29. Entire agreement

These terms and conditions , together with documents,constitute the entire agreement between you and Vapepulse in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

30 . Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with [THE LAW OF THE REPUBLIC OF SOUTH AFRICA], and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the KWAZULU NATAL HIGH COURT,DURBAN.

31. No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Vapepulse makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the aforegoing paragraph, Vapepulse does not warrant that:

this website will be constantly available, or available at all; or

the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

32. Limitations of liability

Vapepulse will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or    goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Vapepulse has been expressly advised of the potential loss.

33. Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

34. Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.