Ballistic Badger Terms and Conditions
Please see below for our Terms and Conditions when ordering through us, and our website www.ballisticbadger.com.
Ballistic Badger Vape Co. / Ballistic Badger / Ballistic Badger Juice refers to us. These company names are owned and operated in the UK by Ballistic Badger LTD (Registered in the UK under reference 10609929). We may use the terms US / OUR / WE to describe ourselves in these Terms.
Conditions: Mean these Terms and Conditions
Goods: Mean goods you purchase from us. This includes Juice AND Hardware, although there may be different applications of Terms dependant on type of Goods.
Personal Information: This is the information and details that you provide us about you.
Website: Refers currently to www.ballisticbadger.com and any other URL or site that may replace it in the future.
You: This is the term we use to refer to the person who has placed the order. We may also refer to you as the end user, and also use your and you’re throughout to highlight rights and responsibilities.
1. Rights and Obligations
1.1 You undertake the responsibility to pay for Goods purchased from our website. These payments are arranged and authorised in the UK by PAYPAL and / or by Barclays Bank PLC. Terms of the PAYPAL user agreement can be found at paypal.com.
1.2 You must supply us with the correct details at all times, both about you and your order. Ballistic Badger Ltd. will not be held liable for losses or damages incurred after you have given us false or incomplete information. You must notify us of any changes in your personal information at your earliest opportunity.
1.3.1 We reserve the right to alter and / or modify the price and specifications of items listed on our website. For Hardware (3rdParty Supplied) this may be down to changes in the manufacturer’s specification guidelines, but we may not notify you that this change has been made. Prices may change, either up or down due to factors beyond our control.
1.3.2 We may at times, choose to change the ingredients used to create our range(s) of short fill juice. This will be a decision made, to either improve the quality, flavour or decrease the cost to both us and you. There will be no reduction in quality at all times, you will be notified of any significant change in manufacture.
1.4 You are solely responsible for being aware about any potential additional charges that may be incurred by placing your order. We WILL NOT cover any (full or part) charges on import tax that you may incur as a result of placing an order with us. Goods may be sold to areas governed by UK, EU and US legislation, but not sold on to areas that are restricted on end user policy or where vaping products break local enforceable law (including to nationals of Thailand, Cuba, Iran, North Korea, Sudan, and/or Syria).
2.1. Goods are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us and those who are residents in the UK. You must be over the age of 18 to place and order with us, and we reserve the right to ask you for acceptable ID to prove your age.
2.2. When requested by us, you must also provide your name, phone number, address, payment details and other requested information. We may need some of these details to contact you about your order, so it is your responsibility that they are up to date.
2.3. Each order placed by you will be treated as an offer to purchase the Goods to which your order relates. The contract will only be completed when we dispatch the Goods, or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.
2.4. You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
2.5. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. You also acknowledge that we have the right to cancel any order before it has been dispatched when we have reason to believe that an error has occurred. Where this happens, we will attempt to contact you. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.
2.6 We will endeavour to get you items out to you as soon as possible, although once this has been dispatched by us, it is unfortunately beyond our control. If you have not received you order in five (5) WORKING days from date of despatch please contact us. Working days are Monday, Tuesday, Wednesday, Thursday and Friday, this does not include Weekends or Bank Holidays, where it may take extra time for you to receive your parcel.
3. Price and Payment
3.1. The price of the Goods shall be the price of which we inform you prior to accepting your order. Prices include VAT at current rates unless stated otherwise.
3.2. If you fail to make any payment when due then, without prejudice to any other right or remedy we may have, we may:
3.2.1. where you have ordered Goods from us, cancel this agreement; and/or
3.2.2. In any event, charge you interest (before and after any judgment) on the amount unpaid, at the rate of 2% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
3.3. You confirm that any payment method you have used to pay for the goods is yours. Any attempt to use another person’s payment method (unless authorised by that person in writing), will be deemed as Fraud, and may result in us contacting the relevant authorities.
3.4. Payment methods are subject to validation checks and authorisation (by us and PayPal) and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation. It is your responsibility to ensure that you are able to pay for the Goods in full before committing to placing the order.
3.5. Once your Goods have been delivered and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you as the end user.
3.6 Any damage caused by you after goods have been received, and / or the improper use of products renders any guarantees or warranty provided by the manufacturer invalid. We will not return or replace any items that have not been used for their intended purpose.
3.7 Any discount offered via a redeemable code is valid off the pre-vat price of an item. Any discount code offered for use on the website is non-stackable and only one discount code can be used per purchase.
4.Cancellation, Returns and Exchanges
4.1. Without prejudice to our rights under Clause 1 above, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 7 days’ written notice.
4.2.1 In certain situations, we may be prepared to give you a refund or exchange for Hardware (Mods, RDAs and Tanks) if you change your mind. Goods must be returned to us in an unused condition, with original packaging on and any guarantee certificates included. You must notify us within 48 hours of receiving your order that you wish to return your items. Should you wish to return anything to us, any postage charges are covered by you and notification should be sent by email to firstname.lastname@example.org
4.2.2 Should you wish to return any sundry items such as coils (STOCK coils only), these must be returned by the same process. A small charge of £0.50 will be applied for this service, this will be debited off any money returned to you.
4.2.3 E liquid and Nicotine Shots are excluded from the above process. Should you have a problem with either your Liquid or Nicotine shots, please contact us at email@example.com with a short description of the problem and we will aim to rectify is as soon as possible. If there has been a mistake made by us, you will not be expected to either post Liquid back, or pay postage on a new shipment to be sent out.
4.3. Goods and/or Services ordered online or over the phone only
4.3.1. Consumers ordering Goods or Services at a distance (online) have certain cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Consumers should be aware that certain products that are deemed as perishable items are not covered and therefore non-returnable.
4.3.2. You may cancel any order for Services any time within 7 working days from the day after placing your order, however, you may not cancel once we have processed or despatched your order.
4.3.3 A working day is any day except Saturday, Sunday and UK public holidays.
4.3.5. You may cancel your order by emailing us at firstname.lastname@example.org prior to your order being shipped.
4.3.6. If you cancel an order for Hardware, items must be returned to us within a reasonable period (5 working days), complete (with any accessories, leads or other items provided with the Goods) and undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you (which may be substantial) or the Recommended Retail Price (RRP) of any missing or damaged items.
4.3.7. Goods must be returned to Ballistic Badger Ltd…. It is your responsibility to ensure that the Goods are received by us and we recommend using Special Delivery or Signed For services where appropriate.
4.3.9. You shall be under a duty to take reasonable care of the Goods until received or collected by us and it is your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.
4.3.10. You are entitled to examine any Goods ordered as you would in a shop. However, if you use the Goods, you may lose your right to cancel your purchase in full. Use would include installing batteries, system updates and the use of E Liquid (in the case of tanks and coils).
4.3.11. We will refund any money back to you within 30 days of receipt of items back to us.
5. Your Personal Information
5.1. We need to collect certain Personal Information to provide you with the Goods and/or Services.
5.3. You will have the opportunity to consent to us contacting you by email, phone or SMS about products and services which Ballistic Badger LTD believe may be of interest to you. You can make changes to your marketing preferences at any time by unsubscribing using the link available in any email we send to you or your account dashboard under “Subscriptions”. Please note that it may take up to 24 hours for such changes to take effect.
5.4. You will have the option in your account dashboard to delete your account with Ballistic Badger Ltd as per the Right to be Forgotten act. This will not delete any orders you have placed but disassociate them from your account.
5.5. You are entitled to request a physical copy of any records we hold for yourself. To have this arranged contact us via Email / Phone
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. Please note, with cookies disabled you will not be able to use the normal functionalities available on our site
– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
– “Analytics” by Google are used to identify patterns by logging the pages you’ve visited and how long you’ve stayed on different areas of the site to improve your shopping experience for the future.
Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information is collected by QuickBooks and PayPal but not directly stored by our site, email address, and phone number. We refer to this information as “Order Information.”
On multiple areas of our site you can enter your contact email address to be added to our newsletter, we store a copy of your email address in our database and use Mailchimp to send you regular marketing emails. Please see HOW DO WE USE YOUR PERSONAL INFORMATION for more detail on how this information is used.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
Google Analytics will use your Device Information to allow us to monitor trends from our customers. This allows us to improve specific areas of our site and improving your overall shopping experience.
SHARING YOUR PERSONAL INFORMATION
We will only share your Personal Information with third parties for fraud and age verification purposes, as described above. For example, we use Magento to power our online store, Magento stores your personal information in a completely secure database on a dedicated server located in the UK. We also use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a court case, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident, we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will not be transferred outside of Europe.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. A cold copy of your orders will always be kept for accounting purposes.
The Site is not intended for individuals under the age of 18. Anyone found using the website under the age of 18 will have their access revoked and any orders cancelled immediately.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please email email@example.com
7. Limitation of Liability
7.1. We will not be liable for any loss or damage caused by us in circumstances where:
7.1.1. there is no breach of a legal duty of care owed to you by us; and/or
7.1.2. such loss or damage is not reasonably foreseeable.
7.2. We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
7.3. Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
7.4. Nothing in these Conditions shall:
7.4.1. exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
7.4.2. limit your rights as a consumer under applicable UK law.
7.5. All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
7.6. The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard.
7.7. Each provision of this Clause 7 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
7.8 Due to the nature of the products we sell, Ballistic Badger Ltd accept no responsibility, implication of damage or personal injury claims caused by the poor or improper use of our products. Nicotine is a hazardous substance, and we accept no responsibility for this being poorly stored by you, or used in any way other than that which it is intended.
7.9 Ballistic Badger Ltd is insure in the UK by…. We reserve the right to pass on your details to the relevant authorities should we believe a claim is being made fraudulently.
8.1. Events Beyond the Parties Reasonable Control: If either of us cannot do what we have promised because of something beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, or acts of local or central government or other competent authorities, such party will not be liable for this.
8.2. Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
8.3. Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions. Any attempt by you to do so shall be void.
8.4. Governing Law: These Conditions will be governed by English Law and if you are not happy with how we deal with any disagreement and want to take bring court proceedings, you must do so within the UK.
8.5. Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
9. Handling Complaints and Sending Notices
9.1. If you wish to make a complaint you may do so in the following way:
9.1.1. by email to firstname.lastname@example.org
10. Age of Consent
You may only purchase Products from our site if you are at least 18 years old. You will be asked to declare that you are of the appropriate legal age to purchase the Products when placing an order and we may carry out independent verification to check your age and if we discover that you are not legally entitled to order the Products, we shall be entitled to cancel the order immediately, without notice. If you falsely declare your age to us you shall be held responsible for all costs, expenses, losses, damage fines and other penalties that we may suffer or incur as a consequence of your false statement. By ordering Products from this website, you hereby consent to us undertaking a search with Experian (or any other 3rd party age verification service) for the purposes of verifying your identity. To do so Experian (or any other 3rd party age verification service) may check the details you supply against any particulars on any database (public or otherwise to which they have access. They may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained.