VUSE SOUTH AFRICA CONDITIONS OF SALE

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CONTENTS

  1. INTRODUCTION

    1. What these terms cover: These Terms and Conditions of Sale ("Terms"), together with all information and documents referred to in them, govern all sales of products ("Products") by us through this website (the "Website") to you.
    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 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.
    3. Acceptance of these terms: By placing an order for a Product through the Website, you agree to and accept these Terms. You should print a copy of these Terms or save them for future reference.
    4. Eligibility: To register with and purchase Products via the Website, you must be aged 18 years or over and have a postal address in the Republic of South Africa.
    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 1 February 2021.
    6. Website terms of use: Please read these Conditions of Sale with our Terms and Conditions as they include important terms that apply whenever you use this Website.
  2. INFORMATION ABOUT US

    1. This Website is owned by British American Tobacco South Africa (Pty) Ltd, a company registered in the Republic of South Africa (company number 1995/009509/07) whose registered office is at 3 Dock road, Waterway House, V&A Waterfront, Cape Town, South Africa, 8000 (“BATSA”),
    2. The products sold on this Website are sold and fulfilled by BATSA’s affiliate Twisp (Pty) Ltd (company number 2014/273628/07) whose registered office is at 3 Dock road, Waterway House, V&A Waterfront, Cape Town, South Africa, 8000 (VAT Registration number 4700268412) (“Twisp”, "we", "our" or "us"). Accordingly, your contract of sale is with Twisp.
    3. To contact us, please see our Contact Us page, email us info.za@vuse.com or phone us on +27 (021) 001 8511.
    4. 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.
  3. OUR PRODUCTS

    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.
  4. HOW TO ORDER

    1. We only accept orders from people aged 18 years and older.
    2. Debit/credit card/Bank account required: In order to place an order, you must be the holder of a valid debit/credit card or bank account and provide the details (please see clause 10 "Creating an Account" below).
    3. 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. At the end of the order process you will be asked to provide payment through the on-line payment facility. Your order will be submitted to us when you click on the "Make Payment" button at the end of the order process. Your order represents an offer to us to purchase a Product.
    4. How we will accept your order: After you place your order, we will send a confirmation email to you to accept your order, at which point a contract will come into existence between us.
    5. Taking payment: By placing an order, you authorise us to immediately charge your payment card for the purchase price and we are entitled to rely on your placing of an order as an instruction to us to take your payment.
    6. If we cannot accept your order: If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
    7. Products are subject to availability: All Products shown on the Website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and will not process your order.
  5. PRICES

    1. We will pass on the price of VAT and delivery: All prices stated are in South African Rands and include VAT. Delivery charges will be indicated to you at the time of ordering and will be added to the purchase price before you confirm your order.
    2. Where to find the price: The price of a Product is as published on the Website at the date we accept your order. Prices are subject to change without notice at any time, but changes will not affect any order that we have previously accepted. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
    3. What happens if we got the price wrong: It is possible that, despite our reasonable efforts, a Product on the Website may be incorrectly priced. If we discover an error in the price of a Product that you have ordered we will inform you of this error and give you the option to continue with your order at the correct price or to cancel your order. If you do not respond to us within 7 (seven) days, we will treat the order as cancelled and notify you in writing.
  6. HOW TO PAY

    1. How to pay: You may pay for the Product with a debit or credit card, by electronic funds transfer or any other payment method that we indicate to you that we will accept from time to time, using the online payment facility. The payment facility is operated by PayGate Pty Ltd DBA DPO (“Paygate”). Your use of the payment facility will be subject to their terms and conditions. You should ensure that you have read and agree with those terms and conditions before using the payment facility.
    2. Paygate operates a secure server to process your payment details. They encrypt your credit or debit card information and authorise payment directly. This means that your full credit card or debit card details are never revealed to us. To understand how our payment processor uses your information, we recommend that you read their privacy policy: https://www.paygate.co.za/privacy-policy/.
    3. Authority for payment: We will request authority for payment from your card at the time you place your order. If we fail to receive authority for your payment, or if we reasonably believe that payment will be refused, we reserve the right to reject your order.
    4. In the event of a failed payment for whatever reason, you agree to compensate us in full against all reasonable costs, expenses and outgoings we incur in attempting to obtain payment made by you.
    5. No VAT receipts: Please note that we do not issue VAT receipts for Products ordered from the Website.
  7. DELIVERY AND POSTAGE

    1. South Africa only: Delivery of a Product will only be made to a South African address.
    2. Delivery cost and method: Unless you request otherwise, all Products that you order will be sent by RAM courier service at the cost displayed on the Website before you confirm your order.
    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.
    4. We are not responsible for delays outside of our control: If our supply of the Products is delayed by an event outside our control we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. However, if you have not received your Product within 10 working days of the date we confirm dispatch, please notify us and we will resend your order to you at no additional cost. We may, at our reasonable discretion, require proof of non-delivery, such proof to be obtained at your cost.
    5. When you become responsible for the Products: The Products will be your responsibility once they have been delivered to the address indicated in your order.
    6. When you own the Products: You will own the Products once we have received payment from you in full.
    7. If you are not at home when the Product is delivered: If no one 18 years old or over is available at your address to take delivery, the RAM portal will indicate the failed delivery attempt, accessible using the tracking number.
    8. If you do not re-arrange delivery: If you do not re-arrange delivery, RAM will attempt to re-deliver on two further occasions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
    9. Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
      1. deal with technical problems or make minor technical changes;
      2. update the Product to reflect changes in relevant laws and regulatory requirements;
      3. make changes to the Product as requested by you or notified by us to you.
  8. RIGHT TO CANCEL THE CONTRACT

    1. Exercising your right to cancel: If the Products have already been dispatched to you or you have already received them, you must return them to us unused in the original, unopened packaging within 14 days from the day on which you received the Product.
    2. When we will refund you: You will receive a full refund of the price you paid for the Products and any applicable delivery charges to the credit or debit card or other payment method that you used to pay. We will process the refund without delay and in any event not later than 30 days after the day we receive the Products back.
  9. COMPLAINTS AND DEFECTIVE PRODUCTS

    1. How to tell us about problems: Please contact us via email on info.za@vuse.com or the address provided in these Terms if you have any complaints about the Product. We aim to resolve any complaints as far as possible within 14 days.
    2. Defective Products: All non-consumable Products come with a 6-month warranty against defects. If you purchase a non-consumable Product which turns out to be defective, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within 6 months after receipt by you of the Product.
    3. Returning defective Products: In the event that the Product delivered to you is defective, please contact us as soon as possible using the contact details contained in clause 2.3 above. We will provide you with an address to return the Product with its original packaging back to us free of charge.
    4. Inspection of Product: We may require proof of purchase and photos of the defective Product prior to such product being returned. Upon our receipt of the returned Product, we reserve the right to inspect the Product to determine whether, in our opinion, it is defective or not.
    5. How we will refund you if the Product is defective: If we agree that the Product is defective, we will offer you a full refund of the price of the Product (including any additional delivery charges paid) or a replacement Product to you.
    6. When you will receive your refund: Once we confirm that you are entitled to a refund, we will aim to process your refund as soon as possible and, at the latest within 30 days of confirming that you are entitled to a refund. All refunds will be made by bank transfer to the bank account of the person whose name appears on the claim (once a claim is determined to be valid we will contact you to ask for bank account details for this purpose). Please allow up to 30 days from provision of bank account details for payment. For the avoidance of doubt, where a refund is made, the Vuse ePod starterpack will not be returned to you.
  10. CREATING AN ACCOUNT

    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.
    2. We only sell to 18+ in South Africa: You must be aged 18 years or over with a South African address to create an account on the Website.
    3. One account per user: Only one account may be created per individual user.
    4. What information do we require: You will be asked to provide information including your name, surname, mobile number, email address, birthdate and physical address when creating your account. Your 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. Your order will be sent to the physical 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.
    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 unauthorised 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 unauthorised use, or suspected unauthorised use of your password or account.
  11. CANCELLING YOUR ACCOUNT

    1. We may cancel your account: We may temporarily suspend or cancel your account at any time and for any reason without notice.
    2. How can you cancel your account: You may cancel your account at any time and for any reason by contacting us by email info.za@vuse.com or phoning Vuse Care on +27 (021) 001 8511. It will be your responsibility to provide any required proof that you are the account holder.
  12. HOW WE MAY USE YOUR PERSONAL INFORMATION

    1. Use of your information: Any personal data that you provide to us through the Website will only be used in accordance with these Terms and our Privacy Notice. Please ensure that you have read our Privacy Notice before proceeding.
    2. 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.
  13. OUR RESPONSIBILITY FOR LOSS AND DAMAGE SUFFERED BY YOU

    1. WE ACCEPT NO LIABILITY FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR OTHER DAMAGES HOWSOEVER CAUSED.
    2. 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.
  14. EVENTS OF CIRCUMSTANCES BEYOND OUR CONTROL

    1. We will not be liable in any way for loss, damage or expense that you incur arising directly or indirectly from any failure or delay in performing any of our obligations under these Terms caused by any circumstances beyond our control, which include but are not limited to vandalism, accident, break down or damage to machinery or equipment, fire, flood, acts of God, pandemics, strike, lock-out or other industrial disputes (whether or not involving our employees) or shortage of materials or fuel at the market rates existing when the order is accepted, legislative or administrative interference.
  15. OTHER IMPORTANT TERMS

    1. We may transfer this agreement to someone else: We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    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.
    3. Nobody else has any rights under this contract: This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    4. 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.
    5. 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.
    6. 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 the 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.
    7. Which laws apply to these Terms. These Terms are governed by South African law. You and we both agree that the courts of the Western Cape will have non-exclusive jurisdiction.
  16. 2021 TWISP CLIQ OR TWISP CUE DEVICE EXCHANGE FOR VUSE EPOD DEVICE PROMOTION ("PROMOTION") TERMS AND CONDITIONS

    YOU NEED TO BE AN ADULT CONSUMER 18 (EIGHTEEN) YEARS OR OLDER TO PARTICIPATE IN THIS PROMOTION.

    DURATION

    1. The Promotion will be for a limited duration terminating on 30 September 2021 or such extended date as may be advised and is subject to stock availability and to the provisions set out below.

    HOW IT WORKS

    1. If you are a customer with an existing Twisp profile, you will receive an email and/or SMS notification requesting you to download the Twisp app.
    2. If you already have the Twisp app, check the Rewards section for your unique Exchange code.
    3. Successful completion of 1 or 2 is required to participate in this Promotion.
    4. Once you have successfully completed 1, a Promotion voucher will be visible in the Rewards section of the Twisp Loyalty app.
    5. The Promotion voucher:
      1. is limited to one per customer;
      2. is limited to the exchange of one Twisp Cue device or one Twisp Cliq device for a Vuse ePod device;
      3. must be used at the time of device exchange to qualify for the exchange;
      4. can only be used at participating Twisp kiosks and Twisp Stores;
      5. is subject to stock availability;
      6. will automatically expire if not used by the termination date; and
      7. is not transferrable or redeemable for cash or able to be used for the purchase of any other Twisp or Vuse product.
  17. VUSE "REFER A FRIEND" REFERRAL PROGRAMME TERMS AND CONDITIONS

    YOU NEED TO BE AN ADULT CONSUMER 18 (EIGHTEEN) YEARS OR OLDER AND LEGALLY RESIDENT IN SOUTH AFRICA TO PARTICIPATE IN THIS REFERRAL PROGRAMME.
    “Friend/s” IN TERMS OF THESE TERMS AND CONDITIONS SHALL, IN ALL INSTANCES, MEAN ANY ADULT CONSUMER 18 (EIGHTEEN) YEARS OR OLDER AND LEGALLY RESIDENT IN SOUTH AFRICA.

    DURATION

    1. This Referral Programme will be for a limited duration, determined in the sole discretion of British American Tobacco South Africa (Pty) Ltd and is subject to stock availability and to the provisions set out below.

    HOW IT WORKS

    1. You are required to create or have an active online profile on vuse.com that is up to date and complete with all information required.
    2. Once your vuse.com profile is successfully registered you will have access to the “Invite Friends” tab from which you can access your unique link to be shared with your Friends.
    3. Your unique link can be shared by copying and sharing with an unlimited number of friends who do not yet have profiles on vuse.com on social media platforms or by email, SMS or other smartphone applications.
    4. A redemption code will be available on your friends’ profiles once they successfully create their account on vuse.com using your link and is valid for a period of 3 (three) months whereafter it will automatically expire.
    5. The redemption code can only be used for a Vuse online store transaction at: www.vuse.com/za and cannot be used in conjunction with any other voucher, discount or promotion.
    6. When your friends use the redemption code it will generate a R100.00 (One Hundred Rand) off discount on their purchase of 1 (one) Vuse ePod starterpack and 1 (one) Vuse pod pack. This redemption code must be used at the time of purchase to qualify for the discount.
    7. Every time the redemption code contained in your link is successfully used by a friend a R100.00 (One Hundred Rand) off voucher will be allocated to your Vuse profile.
    8. The voucher is valid for a period of 3 (three) months from the date of sharing whereafter it will automatically expire if not redeemed.
    9. The voucher can only be used for a Vuse online store transaction at: www.vuse.com/za in respect of Vuse product/s purchased over the amount of R499.50 (Four Hundred and Ninety Nine Rand and Fifty Cents) per transaction. Please note that only one voucher can be used per transaction.
    10. The voucher cannot be used in conjunction in with any other voucher, discount, or promotion.
    11. The voucher is not transferrable or redeemable for cash or able to be used for the purchase of any other product than specified above.
    12. Employees (temporary or casual) their spouses, partners or any other direct family members are not allowed to participate in this promotion.

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