What these terms cover

Terms & Conditions of Order

1. Introduction

1.1       What these terms cover: These Terms and Conditions of Order ("Terms"), together with all information and documents referred to in them, govern the online orders by you of products ("Products") through this website (the "Website").

1.2 Why you should read them: Please make sure you have read these Terms carefully, especially the limitations of our liability, before placing an order. These terms tell you who we are, how you contract with our authorized distributors, how the products will be delivered to you, how your contract may be changed or ended, 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. 

1.3 Acceptance of these terms: By placing an order for a Product through our Website, you agree to and accept these Terms. You should print a copy of these Terms or save them for future reference.

1.4 Eligibility: To register with and place order to purchase Products via the Website, you must be aged 18 years or over and have a registered postal address in Kingdom of Saudi Arabia (“KSA”).

1.5 We may amend these Terms from time to time: Every time you order a Product, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 22/092020.

1.6 Website conditions of use: Your use of our Website is governed by our Website Conditions of Use.  Please read these as they include important terms that apply whenever you visit this Website.

Who we are, what we do and how to contact us.

2. Information About Us

2.1 Who we are and what we do : British American Tobacco ME DMCC, a company registered in the United Arab Emirates under license number DMCC-32339 with its registered office at Unit 3801, JBC 3 Building, Jumeirah Lakes Towers, Dubai - UAE  ("we", "our" or "us") operates the Website. Buyers authorize us to act as their limited representative solely to place orders for Products directly between them and authorized distributors of the Products in KSA via the Website. While we help facilitate transactions that are carried out using the Website, we are not the seller of the Products. We provide the Website as a venue for authorized distributors of Products in KSA and buyers such as you to negotiate and complete transactions in accordance with the provisions of these Terms. Accordingly, the contract formed at acceptance of an order is solely between you and the authorized distributor. The enforcement of any contractual obligations arising out of the completion of a transaction using the Website is the responsibility of you as the buyer and authorized distributor that are party to that transaction.

2.2 How to contact us: To contact us, please see our Contact Us page or email us at info.mea@vuse.com.

2.3 How we may contact you: If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.

All you need to know about products and packaging.

3. Our Products

3.1 Products may vary slightly from their pictures: The Products are as described on this Website from time to time. Please note that the Products and any packaging on the Website are for illustrative purposes only. Slight variations may occur between the delivered Product and packaging, and the image of the Product and packaging given on the Website. You should ensure that you have checked the Product description on the Website before placing your order.

You acknowledge that (i) it is technically impossible that the Website will be provided free of defaults and certain technical elements are beyond our control.

4. How to Order

4.1 Our agents in your country only sell to 18+: We only accept orders from people aged 18 years or over to a registered postal address in KSA.

4.2 Ordering process: You may place an order for a Product via our online order process on the Website. The Website contains instructions on how to complete the order process and check and amend any errors before submitting your order to us. Your order will be submitted to us when you click on the "Confirm Order" button at the end of the order process. Your order represents an offer to us to purchase a Product.

PRICES

5. Prices

HOW TO PAY

6. How To Pay

6.1 How to pay: Applicable method of Payment in KSA is as advertised on the Website. 

DELIVERY & POSTAGE

7. Delivery & Postage

7.1 KSA only: Delivery of a Product will only be made to a KSA address.

7.2 Delivery cost and method: Delivery charges, if any,  will be indicated to you at the time of ordering and will be added to the purchase price before you confirm your order.

7.3 When we will provide the Products: We will indicate our estimated dispatch timings on the Website. Please note that the dispatch timings indicated on the Website are estimates only. The timings are not guaranteed times. We will send you an email confirming when your Product has been dispatched.

YOUR RIGHT TO END THE CONTRACT

8. Your Right to End the Contract

CREATING AN ACCOUNT

9. Complaints, Warranty & Returns

9.1 If you have any complaints: Please contact us via phone, email or the address provided in these Terms (Clause 2.2) if you have any complaints about the Product. We aim to resolve any complaints as far as possible within 14 days.

9.2 Returning your product/Warranty: Please visit www.vuse.com/sa/en to learn more about your Product’s warranty and our return policy.

9.3 When you will receive your refund: Once our authorized distributor in KSA confirms that you are entitled to a refund, the authorized distributor will aim to process your refund within 14 days of such confirmation. 

10. Creating an Account

10.1 How to create an account: You may place an order to purchase the Product by creating an account on the Website. In order to apply to create an account, please follow the instructions on the Website. It will be at our sole discretion as to whether we accept your application to create an account.

10.2 Conditions to creating an account and using the Website: All account holders must be 18+ and must have a registered address in KSA. We do not sell Products to individuals who do not meet these criteria and our agents are prohibited from making sales to such individuals.  You warrant, represent and undertake that, while using the Website:

• You shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations;
• You have full power and authority to enter into these Terms and make payment in accordance with them.

10.3 One account per user: Only one account may be created per individual user.

10.4 What information do we require: You will be asked to provide information including your name, phone number email address and address when creating your account. Your phone number and email address will be used to identify you when you use it to access your account on the Website. We reserve the right to terminate your account in the event that you provide an invalid email address or phone number. Your order will be sent to the address you provide. We accept no responsibility for orders that are not received as a result of an incomplete or incorrect address being provided. You confirm that such information is true, accurate and complete and that you will notify us immediately if any part of this information changes. 

10.5 Choosing a password: You will also need to provide a password in order to access your account. You are entirely responsible for maintaining the confidentiality of your password and you will be responsible for any damage or losses caused by unauthorized access resulting from your failure to keep your password secure. We encourage you to use a "strong" password (including a combination of numbers and letters). You agree to notify us immediately in the event of any unauthorized use, or suspected unauthorized use of your password or account.

CANCELLING YOUR ACCOUNT

11. Cancelling Your Account

11.1 We may cancel your account: We may temporarily suspend or cancel your account at any time and for any reason without notice.

11.2 How can you cancel your account: You may cancel your account at any time and for any reason by contacting us by email or by post at the address set out in clause 2.2 above. It will be your responsibility to provide any required proof that you are the account holder.

HOW WE MAY USE YOUR PERSONAL INFORMATION

12. How We May Use Your Personal Information

12.1 Use of your information: Any personal data that you provide to us through our Website will only be used in accordance with these Terms and our Privacy Policy. Please ensure that you have read our Privacy Policy before proceeding.

12.2 Your consent to our use of your data: By providing your personal data to us you are consenting to its use in accordance with these Terms and our Privacy Policy. 

12.3 Your consent to our use of cookies: Like many online services we use a feature called a 'cookie', which is a small data file that is sent to your browser from a web server and stored on your device's hard drive. References in these Terms to ‘cookies’ also include other means of automatically accessing or storing information on your device. By agreeing to these Terms, you are providing your consent for us to use cookies in the ways described in our Cookie Policy, however, you may delete any of these cookies at any time if you wish. Please see our Cookie Policy for detailed information on the types of cookies we use on the Site, the purposes for which we use each cookie, how you can disable and enable the use of certain cookies and the consequences of doing so.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13. Our Responsibility for Loss or Damage Suffered by You

13.1 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.

13.2 To the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from: 

- Supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it or making payment as required;

- Damages that may result from the unauthorized repair of the product

- Your use of your inability to use the ordered Product;

- delays or disruptions to our website or our services;

- viruses or other malicious software obtained during the use of our website;

- damage to your hardware device from the use of your ordered Product; or

- your loss or inability to do business or similar as a result of our inability to deliver the product by you

13.3 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 including the right to receive Products which are: as described and match information we provided to you; of satisfactory quality; fit for their intended purpose; supplied with reasonable skill and care; and for defective Products under the relevant Consumer Protection regulations. 

13.4 We are not liable for business losses: We only supply the Products for domestic and private use. Neither we nor our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors will be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise arising out of or in relation to these Terms for loss of profits, loss of business, loss of data or information, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors have been advised of the possibility of such damages 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.

13.5 If clauses 13.2 or 13.4 are held to be unenforceable or inapplicable for any reason: then the total liability (including legal fees) applicable to us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Sale shall be limited to the price the product sold for on our Site and its original and return shipping costs.

13.6 General Release. Because we are not the seller of the Products, if a dispute arises between you and the authorized distributor, you release us (from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

OTHER IMPORTANT TERMS

14. Other Important Terms

14.1 We may transfer this agreement to someone else: We may transfer our rights and obligations under these terms to another organization.

14.2 You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.3 If a court finds part of this contract illegal, the rest will continue in force: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.4 Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. 14.5 We may change, modify or revise these Terms at any time: Any changes made to these Terms will apply 7 days after the date we post the modified terms on our Website. These changes will only apply to orders placed on or after the date on which the changes to the Terms take effect. It is your responsibility to check that you have read and agree with the latest Terms on the Website.

14.6 These Terms contain our entire agreement: These Terms and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms and the documents referred to or incorporated into these Terms by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.

14.7 Which Law applies and where you may pursue a claim: These Terms shall be interpreted, governed and construed by and in accordance with the Laws of the KSA.

If you are not satisfied with any Products that you have purchased using our Site, you should contact via the details appearing in Clause 2.2 (above).

If you are unable to resolve your issue within 30 days of notifying us of your issue, any disputes or claims arising out of or in connection with these Terms, including any non-contractual rights or obligations arising out of or in connection with these Terms shall be referred to and finally resolved by the competent KSA courts.