1.1 By agreeing to the terms and conditions you confirm that you are over 18 years old.
1.2 These Terms and Conditions (hereinafter: General Sales Conditions) exclusively apply to all offers, orders and agreements of VapeWare.
1.3 Accepting a quotation or placing an order implies that you have accepted the applicability of these General Sales Conditions.
1.4 The provisions of these General Sales Conditions may only be deviated from in writing, in which case the other specifications remain in force unabridged.
1.5 All rights and claims, as stipulated in these General Sales Conditions and possibly negotiated in other agreements for VapeWare are also negotiated for VapeWare appointed intermediaries and other external parties.
2.1 An agreement is only concluded after acceptance of your order. VapeWare is entitled to refuse orders or attach certain conditions to delivery, unless expressly stated otherwise. If an order is not accepted, VapeWare shall make this known within ten (10) working days from receipt of the order.
3.1. All VapeWare offers are obligation free and VapeWare specifically upholds the right to change prices, in particular when this is necessary because of (legal) directives.
3.2 All prices are mentioned in [euro's] [including] VAT and [excluding] shipping charges
4. Return shipments
4.1 All articles may be returned within 7 days after receipt, after which your payment will be refunded. However, the seal / packaging of the articles may not be broken and the articles have to be returned to VapeWare intact. This is in accordance with the Distance Selling Act. If this aspect is not taken into account the articles can unfortunately not be returned and the payment cannot be refunded.
4.2 You are obliged to check whether the articles delivered to your home do in fact comply with the order. If this is not the case you can report this to VapeWare, within 7 days, indicating the order number in the subject of your email, and with a clear explanation of why this article does not comply. VapeWare shall replace the article or refund your payment if can be indicated that you have valid reasons for not accepting the article.
4.3 In the unlikely event that you receive an article that does not comply with your order VapeWare reserves the right to replace this article by a new copy or to refund the purchase amount.
4.4 If you return an item please follow the following steps:
• Send an email to "firstname.lastname@example.org" so that we expect your shipment. TAKE NOTE: In the subject of your email indicate the order number or the invoice number that you received via email.
• Pack the articles carefully in order to avoid damages.
5.1 Payment should be made without discount or compensation within fourteen (14) days after date of invoice if the delivery was made in the Netherlands, and within twenty one (21) days after date of invoice for deliveries outside of the Netherlands, unless otherwise agreed to.
5.2 With exception of the payment period you are in breach from the day that the payment should have taken place and you must pay an interest on late payment of 1% per month or a part of a month on the outstanding amount. If payment is made after a reminder from VapeWare an amount of twenty one euro and ninety six euro cent (€22.69) for administration will be added, and if VapeWare hands over the claim for collection you will also owe the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to VapeWare's rights to claim the actually incurred extrajudicial collection costs.
5.3 If you are in default with any payment, VapeWare is entitled to suspend, or to cancel (the execution of) the relevant agreement and any accompanying agreements.
If the prices for the offered products and services increase in the period between the order and the execution thereof, you are entitled to call off the order or to cancel the agreement within ten (10) days after communication of the price increase by VapeWare
6.1 The VapeWare indicated delivery periods are purely indicative. Exceeding any delivery period does not entitle you to compensation and also not to cancel the order or to terminate the agreement, unless the exception of the delivery period is such that you cannot reasonably be expected to keep to the agreement. In that case, you are entitled to cancel the order or to terminate the agreement for as far as this is necessary.
6.2 The delivery of the products takes place at the location and time that the products are ready for dispatch to you.
7. Retention of ownership
7.1 The ownership of the supplied products shall only be transferred if you have paid everything that you owe VapeWare pursuant to any agreement. The risk regarding the products is transferred to you at the moment of delivery
8. Claims and liability
8.1 It is your responsibility to examine the products upon delivery to ensure they comply with the agreement. If this is not the case, you must inform VapeWare thereof as soon as possible and in any case within three (3) working days after delivery, or at least as soon as establishing this was reasonably possible, in writing and fully motivated.
8.2 If is indicated that the products do not comply with the agreement VapeWare has the option to replace them with new products or to refund the invoice value of the products on their return.
8.3 If you do not wish to purchase a product, for any reason whatsoever, you have the right to return the product to VapeWare within fourteen (14) days after delivery. Returns are only accepted if the product is in the original package and undamaged. It also applies that the return expenses are at your expense.
9. Electronic communication and proof
9.1 VapeWare is not liable for misunderstandings, delays or improper transfer of details as a result of the use of the Internet or any other means of communication in the communication between the Client and VapeWare (or external parties engaged by the Client), unless and insofar as this is a matter of intent or gross negligence on the part of VapeWare.
9.2 The administration of VapeWare applies as conclusive evidence of the existence, content and the execution of the agreement with the Client in any legal proceedings, until the contrary is proved by the party pleading that the evidence is not reliable.
10. Force majeure
10.1 Without prejudice to the other rights, VapeWare is in any case entitled to, at its own discretion, suspend the execution of your orders, or dissolve the agreement without judicial intervention, by notifying you in writing and without being liable for any compensation.
11.1 VapeWare is allowed to make use of a third party with the execution of your order(s).
12. Applicable Law and competent Court
12.1 Dutch law applies exclusively to all rights, commitments, offers, orders and agreements to which these General Terms and Conditions apply
12.2 All disputes between parties will be submitted to the competent Court in the Netherlands exclusively