Terms of Service
KILO E-LIQUIDS – TERMS OF SERVICE
This website, https://www.kiloeliquids.eu (the “Site”), is owned and operated by Kilo E-Liquid, Inc., and is being made available to you free-of-charge. The terms “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms “Kiloeliquids.eu”, “we”, “us”, and “our” refer to Kiloeliquids.eu, its affiliates, and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms of Service from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms of Service, you will have access cancelled, and you may be permanently banned from accessing, viewing, browsing, and using the Site. Accessing, viewing, browsing, and using the Site after we post changes to these Terms of Service constitutes your acceptance and agreement to those changes.
Entering the Site will constitute your acceptance of those Terms of Services. If you do not agree to abide by these terms, please exit the Site.
These are the terms and conditions on which we supply products to you (referred to throughout these terms as “Terms of Service” or “Terms”). Please read these Terms carefully before you create an account with us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
When referring to our own products that we sell through our website, we use the term “Products”.
We limit the purchase of Products through our website to individuals that are 19 years of age, by creating an account with us you agree that you are at least 19 years of age. The Products are regulated under UK laws regarding the sale of e-cigarettes including the Tobacco and Related Products Regulations 2016. Additionally, as the distribution of e-cigarettes and refill pods is subject to different legal requirements in different countries, Kilo E-Liquids limits the use of the website to individuals residing in the United Kingdom. Kilo E-Liquids does not guarantee that compliance with these Terms of Service will be sufficient to comply with your obligations under applicable laws where you reside or where you use the website.
Kilo E-Liquids may, and reserves the right to, from time to time modify, limit, change, discontinue, or replace the Website, any app and these Terms of Service at any time. While we will endeavor to let you know when we update these Terms, we would recommend that you review these Terms on a regular basis to keep yourself informed of any modifications, limitations, changes or replacements. Your ongoing use of the Website indicates acceptance of such modification, limit, change, discontinuance or replacement.
Please read these Terms of Service carefully to ensure that you understand each provision.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and other proprietary rights. These rights are valid and protected in all forms, media and technologies existing now or from now on developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
We have these strict rules relating to use of our website because these relate to or contain age-regulated products, most of which include minimum purchasing and usage age requirements. We take the prevention of underage use very seriously; Kilo E-Liquids Products and all other nicotine products should never be used by anyone under the legal age.
We encourage consumers to do their own research regarding nicotine containing vapour products and what is right for them. Kilo E-Liquids’ Product materials are not intended to imply that the Products have been evaluated by any relevant regulatory authority unless this is explicitly stated. This Product is not intended to diagnose, treat, cure, or prevent any disease (including addiction to smoking). Equally, the Product is not intended to help smokers cut down, quit or reduce consumption of tobacco products. If you have any health concerns about use of Kilo, we recommend that you consult with your doctor/other medical professional. Inhalation of e-vapour from Kilo may aggravate pre-existing respiratory or heart conditions. Additionally, use or ingestion of nicotine, at any level, may cause other symptoms (such as abnormal heart rate and blood pressure, dizziness, nausea, vomiting, coughing, hiccups, nasal congestion, irritation in the mouth and/or throat, chest palpitations and stomach pain). If you do not currently use nicotine containing products, we recommend that you do not start.
WARNING: This product contains nicotine which is a highly addictive substance. Harmful if swallowed or if inhaled. May cause damage to organs through prolonged or repeated exposure. May cause an allergic reaction. If swallowed: Call a POISON CENTRE/doctor if you feel unwell. If on skin: Wash with plenty of water. Keep out of reach of children and pets.
In order to purchase from the website or set up an account you must complete the registration process to obtain a user account. You will be required to provide basic information which may include your name, address, e-mail address, phone number, ID copy and date of birth. You must provide complete and accurate information about yourself during the registration process, you also have an ongoing obligation to update this information if and when it changes so please review this regularly.
When you create an account, you will be required to create a user ID and password. In doing so, you agree the following:
- You will not share your user ID and password with anyone else.
- Only you will use your account.
- You will contact Kilo using the contact details at the bottom of these Terms immediately in the event you become aware of unauthorized access to your account.
- You are responsible for all activity that takes place in connection with your account.
- You will not create more than one account.
If you do not understand the consequences of agreeing to any of the above, or do not agree to any of the above, please contact us before proceeding to create an account with us.
By registering and obtaining an account you affirm that you will comply with these Terms and your registration constitutes your consent to enter into agreements with us electronically.
- TERMINATION OF ACCOUNT
We reserve the right to restrict access to, suspend, disable, terminate, and/or delete your account for any reason that we deem necessary. In the event your account is suspended, disabled, terminated, or deleted, your only option is to request reinstatement of your account by contacting Kilo E-Liquids using the contact details at the bottom of these Terms. You may not open alternate accounts. Nothing in these Terms of Service will or are intended to affect your statutory rights, for example your right to replacement Products if the Products you have purchased have a fault.
You agree to pay for all purchase orders you place through the website.
Except where noted otherwise, the prices displayed for Kilo E-Liquids Products represent the full retail price (including VAT) listed on the Product itself. All prices are quoted and payable in GBP (British pounds), regardless of where an order is placed or shipped. Foreign exchange rates apply and may depend on the date your order was placed.
In the event that you dispute the amount or validity of any payments made to Kilo E-Liquids through this website, you must notify Kilo E-Liquids in writing, within ten (10) days of payment, of any such dispute by mail or by email at the address or email address listed below.
You agree that you will pay all reasonable costs and expenses of collection, including reasonable legal fees, incurred by Kilo E-Liquids in the event of failure to make payment.
- SUBSCRIPTION SERVICES
To register for automated shipping of Products you must have an account on the website and provide a valid payment method (“Subscription”).
By choosing a Subscription through the website, you authorize us to charge you for your initial Subscription and for the recurring periodic charges for an indefinite period of time thereafter. The periodic charges for the Subscription will be based upon the applicable prices quoted on the website from time to time, except in cases of obvious error.
When you sign up for a Subscription, your first Subscription fee will be billed straight away. Unless we notify you otherwise, the fee for your following Subscription will be charged on the date the Products are dispatched until such time as you cancel your Subscription or it is cancelled by us in accordance with these Terms. You may change the billing/dispatch date by logging in to your account.
The charges for each dispatched Subscription shipment will be billed using the payment method used to create your Subscription or as otherwise directed by you. If your payment cannot be processed (including reasons such as, but not limited to, expired credit card date or change of address), you will be notified via email. Your Subscription will be placed on hold and no additional orders will be processed or shipped until the problem has been resolved or your Subscription has been cancelled.
All Subscriptions are subject to standard delivery only.
There may be occasions when, despite our efforts, we are unable to dispatch your Subscription. This may include circumstances where any of the Products in your Subscription have been discontinued. If this occurs, we will give you at least 30 days notice via email to update your Subscription to replace the discontinued Product. If you do not do this, we will pause your Subscription and you will receive an email from us to confirm that there has been an issue with your Subscription and that delivery of your Subscription will not take place. Kilo E-Liquids Support will contact you directly to see if they can provide a remedy to the above Subscription issue.
If a Product is out of stock we will delay dispatch of the Subscription until the Product is back in stock.
If the price of the Products in your Subscription changes (either increases or decreases) from the date your Subscription is first placed we will provide you with at least 30 days notice via email before the price change shall take effect.
You have the option to pause your own Subscription for a certain period. For example, you may wish to do this if you know that you will be away on holiday. Subject to any minimum commitment period (see below), you may pause a Subscription for up to 3 months at a time by accessing your account. After this period, the Subscription will automatically restart.
You have the right to cancel your Subscription and return any unused Products to us within 14 days of receiving your first delivery under the Subscription. Should you wish to return any products, please follow the process in paragraph 9. Not withstanding this right, you may cancel your Subscription at any time by accessing your account.
If you agree to a minimum commitment period (as notified at the time of starting the Subscription) and pause or cancel your Subscription within the minimum commitment period, we reserve the right to charge you for any Product which is associated with the minimum commitment period. Any Product associated with a minimum commitment period is subject to availability. Any offer relating to a minimum commitment period cannot be used in conjunction with any other offer and has no cash alternative.
If you require assistance with your Subscription, please contact our customer support.
- DAMAGED/INCOMPLETE/INCORRECT ORDERS
When purchasing items through the website, you have a legal right to receive goods which are as described, fit for purpose and of satisfactory quality.
You agree to inspect any goods purchased upon receipt of your purchase order as soon as possible. Please report damaged, incorrect, or incomplete orders to us as soon as possible.
If you received an order shipped from Kilo E-Liquids that is damaged, incorrect, or incomplete, please contact Kilo E-Liquids Support immediately to explain the problem with your order and to request a refund or replacement goods. Kilo E-Liquids may require you to return damaged items, in which case Kilo E-Liquids will pay for the cost of return shipment.
Kilo E-Liquids do not offer a general repair service for damaged devices nor does Kilo E-Liquids provide spare parts for repair. This does not affect your right to replacement Products where such rights exist.
- PRODUCT RESALE OR OTHER EXPLOITATION PROHIBITED
You agree not to sell, resell, distribute or make available to others, or otherwise use or exploit for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways) any portion of any Products or services purchased from this Website or otherwise obtained from Kilo E-Liquids or a Kilo E-Liquids representative without prior written permission of an authorized representative of Kilo E-Liquids. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any Products or services for commercial purposes without such prior written permission will void the product warranty and may be subject to civil action and/or criminal penalty, as prescribed by law.
The fight against unauthorized sales and counterfeiting is a long-term commitment to quality and service that is taken seriously by Kilo E-Liquids. We advise consumers to be cautious when purchasing Products from unauthorized resellers as the quality, reliability and safety of these Products is uncertain and in some cases, may expose the user to serious dangers not encountered with genuine Kilo E-Liquids Products.
Contact Kilo E-Liquids Customer Support to learn more about authorized dealers. Any Product purchased outside of our exclusive sales network runs the risk of being counterfeit and is not guaranteed under our extended warranty.
Kilo E-Liquids will not assist with resolving issues pertaining to the purchase of counterfeit products nor will Kilo E-Liquids provide refunds for such purchases.
- THIRD PARTY LINKS
- TRADEMARKS AND COPYRIGHT
This website feature various forms of “intellectual property” such as trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of Kilo E-Liquids and its affiliates.
This website also may include intellectual property rights belonging to other third parties. All of these intellectual property rights are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This website and all of their content are protected under copyright, trademark and other relevant intellectual property laws of the United Kingdom and other countries.
- USE OF MATERIAL FROM THIS WEBSITE
All content of this website, including but not limited to, any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio visual works, and data found on this website (which we collectively refer to as the “Materials”), are the property of and owned by Kilo E-Liquids, and are protected by copyright, trademark, and/or other laws.
Although we make all reasonable efforts to ensure that the content of the website is updated and corrected, we do not guarantee the accuracy of any content; the material contained on this website may contain inaccuracies and typographical errors. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. The packing of Products may also vary from that shown in images on our website.
We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the website and may be made at any time.
If you download any materials from this website, you do so at your own discretion and risk.
- DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarized at paragraph 9.
We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not give any warranties, express or implied, or make any representations as to the accuracy, adequacy or ability to access, or any delay in access, security of access, suitability or security of use of the website, or any of its contents.
The website or any parts of them may be temporarily unavailable, or restricted or for other reasons such as connectivity or events beyond our reasonable control.
Severability: A finding that any term or provision of these Terms of Service is invalid or unenforceable will be removed from these Terms of Service and will not affect the validity or enforceability of the remaining Terms of Service.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our permission, but may be assigned by Kilo E-Liquids without restriction. No waiver by Kilo E-Liquids of any breach of these Terms of Service is effective unless in writing.