Terms and Conditions
1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.
2. Our Service.
Our web site and services provided to you on and through our web site on an “AS IS” basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations.
In order to use this web site, you must or may be asked to register on our site and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.
4. Privacy Policy.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.
5. Registration and Password.
You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Your Conduct.
You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission. You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
7. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
8. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your violation of this Terms of Use or any other violation of the rights of another person or party.
9. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
10. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
11. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
12. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following email address: [email protected]
13. Ownership and title.
All ownership, title and risk of loss and/or damage in the product you have purchased shall pass to you at the point and time at which such product leaves our premises in the UK.
14. Waiver.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
15. Governing law and jurisdiction.
Your relationship with us is governed by and construed in accordance with the laws of the England. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms.
16. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact;
(ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party’s right and that right will remain in full force and effect;
(iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
(iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.
17. Consent.
By continuing to browse or otherwise accessing the web site, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this Web Site now.
18. Returns.
Under no circumstances will we accept any returns on any HEETS which have been opened. Returns on other items due to a fault upon receipt will be replaced.
19. Product Usage.
All of our equipment is used at your OWN RISK, under no circumstances will Heat Not Burn UK be held liable for any damage caused from any malfunctions.
20. Age Of Consent.
We are a responsible vendor and as such will never sell or market to the under 18’s, there are enough adult smokers out there for everyone and there is absolutely no need at all to market and sell to under 18’s. You must be a minimum age of 18 years old to make a purchase on this website. If we discover that the Buyer is not legally entitled to order from our website we shall be entitled to cancel the order immediately, without notice.
21. Undeliverable Addresses / Returns.
Heat Not Burn UK are not responsible for any errors that you make on the delivery address. If an order is placed to an invalid or undeliverable delivery address, a refund cannot be issued unless the order is returned to us. We will resend the order if it is returned to us, upon request by you; we may apply a surcharge for the additional postage. Alternatively, we will issue a refund for the products returned to us excluding Heat Not Burn UK’s delivery charge incurred to send the order. This applies to all delivery services used.
The customer is responsible for providing an address available for delivery. The majority of orders will be sent via a delivery service that requires a signature, it is the customers responsibility to ensure someone is available to provide a signature for the parcel. The customer will be notified if the courier has attempted to deliver your order; a card will be left with instructions on how to arrange a re-delivery or collect the parcel from the local delivery office. If the customers fails to collect the parcel or two unsuccessful delivery attempts have been made, the parcel should be returned to us. Please allow up to 14 working days for undelivered orders to be returned to us. We will resend the order if it is returned to us, upon request by you; we may apply a surcharge for the additional postage. Alternatively, we will issue a refund for the products returned to us excluding Heat Not Burn UK’s delivery charge incurred to send the order.
Heat Not Burn UK may be able to leave a parcel at a safe place of the delivery address, by request of the customer. This is at the customers risk and Heat Not Burn UK are not responsible for any loss or theft of the parcel once the order has been delivered to the safe place.
Heat Not Burn UK are not responsible for checking if products are restricted or prohibited in any countries outside of the United Kingdom. Please check your local customs laws prior to placing the order. We will resend the order to an alternate address if it is returned to us, upon request by you; we may apply a surcharge for the additional postage. Alternatively, once the order has been returned to us we will issue a refund for the products returned excluding the delivery charge incurred to Heat Not Burn UK to send the order. Should the order be destroyed or go missing as a result of a Customs enquiry to the specified delivery country, Heat Not Burn UK hold no responsibility for any loss and a refund will not be available.
For a detailed list of every countries customs laws please visit the following LINK. Then scroll to your own country and look specifically for Section IV Chapter 24.
Please note: Due to IATA Aviation Laws you may receive the item with the Holder placed inside the Pocket Charger, this is due to a seprate ‘battery pack’ being prohibited for transportation. This will mean our Dispatch Team may need to open the container in order to do this. Sorry for any inconvenience caused.
22. Returns.
Should you need to return anything to us the return address is as follows:
Heat Not Burn UK, Unit E10 Harlow Business Centre, Lovet Road, Harlow, Essex, CM19 5AF
Please make sure you have been through all troubleshooting before returning the faulty item to us, if upon testing we find the item not to be faulty you will be liable for the postage costs incurred for re-sending the item back out to you. Also please include the order number and a brief description of the fault, failure to do so will delay the re-sending of a new replacement.
23. National Postal Services.
Heatnotburn.co.uk cannot guarantee orders placed to address services associated only with the national postal service of that country. This includes PO Boxes, Locker/Deposit boxes such as DHL’s Packstations, etc. Orders dispatched in the UK may be sent via APC Overnight and orders dispatched to Europe will be with GLS-Group. Any returns as a result of this will require an additional delivery charge to be resent or a refund will be provided for the items excluding the initial delivery charge.
24. Potential lost orders to MALTA.
This applies to orders to MALTA only. Should you feel that your order has potentially been lost by Malta Post usually it would require a duration of 20 working days past the estimated date of delivery before we can consider it lost and make a claim (in line with all European countries.)
What we are finding is that many of these lost orders are actually arriving very late and it takes so long to claim that on several instances the original order has arrived before we have had chance to process our claim. So we end up sending the customer a replacement and not getting compensated for it because we are told that the original order was delivered (albeit ridiculously late.)
Because of this there is an extended duration before we can claim for a lost order sent to MALTA and that is 40 working days after the expected date of delivery.
25. Post BREXIT international shipping.
BREXIT officially happens on 1st January 2021 and whilst the early days are going to be dynamic we have the following in place for how we deal with the new Brexit rules.
From the 1st January 2021 all international orders placed on our website will be ZERO RATED for VAT so you will no longer pay any UK VAT on your order but will be liable for VAT in your own country.
We state on our shipping info page that international orders typically take 5 to 10 working days to arrive which they usually do, we would like to point out that we cannot be held responsible for any additional delays caused by customs.
There may also be import duties to pay on your order from us. Please make yourself familiar with your own countries import duty thresholds and order accordingly. It is the customers own responsibility to check their own countries rules with regards to importing any of our products from the United Kingdom to your own country. Heat Not Burn UK will not be held responsible for any confiscated orders and a refund will not be available.
26. VAT Exempt UK Islands.
For VAT exempt UK islands, you must select the country for the VAT to be removed (i.e. Jersey, Guernsey)*. If you complete the transaction with United Kingdom selected and full VAT paid, we will not be able to issue a refund of the 20.00% UK VAT. Heat Not Burn UK Ltd cannot take telephone orders for VAT exempt destinations; orders must be placed online using SagePay for Debit/Credit Card transactions.
27. Non Faulty Returns.
We have many IQOS kits returned to us due to the customer saying they are faulty. Most of the time we find that upon inspection it turns out to be customer error and the device is performing perfectly. Should we receive a faulty IQOS kit back from you that turns out not to be faulty we reserve the right to charge you for the return shipping.
WARNING: Heat Not Burn UK makes no claims that heat not burn products will cure a smokers addiction to nicotine, the heat not burn device it sells serves the same purpose as a tobacco cigarette- it delivers its user nicotine. If you do suffer from the disease of Tobacco/Nicotine Dependence Syndrome and want to take steps to give up smoking or cut down the quantity of cigarettes you currently smoke. We recommend you visit your health care provider to discuss NRT (Nicotine Replacement Therapy) or a nicotine harm reduction programme.
Please Note: We are not a pharmaceutical company and we do not produce medical products.
