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Terms & Conditions

EXHALE TECHNOLOGIES LTD
Our terms FOR ONLINE SALE OF PRODUCTS

1. These terms

1.1. What these terms cover. These are the terms and conditions on which we supply products to you when you order from our online shop at www,WholeNic.co.uk

1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may end the contract, what to do if there is a problem and other important information.

2. Information about us and how to contact us

2.1. Who we are. We are Exhale Technologies Ltd, a company incorporated and registered in Scotland with company number SC416889 and having our registered office is at Merlin House C/O Defacto Fd Limited, Mossland Road, Hillington Park, Glasgow, United Kingdom, G52 4XZ (we refer to ourselves as the “Company”, “Exhale”, “we”, “us” or “our”). Our registered VAT number is 358364764

2.2. How to contact us. You can contact us by:
(a) Emailing us at customerservice@wholenic.co.uk
(b) telephoning our customer service team at 0141 611 9692 or
(c) writing to us at 2025 Tay House, 300 Bath St, Glasgow, Scotland, G12 9DD

2.3. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be due to a number of reasons, including without limitation, because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.

3.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4. We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

3.5. As such, please note you are strictly prohibited from re-selling or distributing or otherwise making available our products especially to territories outside of the UK. We will not be liable for any losses, claims, fines, damages, costs of any type arising out of you re-selling or distributing or otherwise making available our products especially to territories outside of the UK.

4. Our products

4.1. Legal restrictions. Our website cannot be viewed by persons under 18 years of age. We comply with legal restrictions (including age restrictions) in connection to the supply of our products. We do not supply our products to persons under 18 years of age. We may terminate the contract by writing to you if we cannot legally supply the products to you and we will refund the monies you have paid.

4.2. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.3. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. Our rights to make changes

5.1. Minor changes to the products. We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

5.2. More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

6. Providing the Products

6.1. Delivery costs. The costs of delivery will be as displayed to you on our website.

6.2. When we will provide the products. We will deliver your order to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

6.3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.4. If you do not take [If no-one is available at the delivery address to take delivery and the products cannot be posted through your letterbox, you may collect the products from a local depot. You have the option to arrange re-delivery where you have chosen courier delivery. If you do not take delivery and the products are returned to us as undelivered, we will treat this as your cancellation of your purchase and will refund any payments you have made, by the method you used for payment, as soon as possible.]

6.5. If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

6.6. Where we deliver late. If we deliver late, you may choose to treat the contract as at an end for late delivery under clause 2(c).

6.7. When you become responsible for the products. The products will be your responsibility from the time we deliver them to the address you have given us.

6.8. When you own the products. You own the products once we have received payment in full.

7. Your rights to end the contract

7.1. Ending your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If a product is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
(c) If you have just changed your mind about the product, see clauses 3 to 7.5. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clauses 4 and 7.6.

7.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).

7.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them, such as vaping equipment or e-liquids which have been unsealed
(b) any products which become mixed inseparably with other items after their delivery.

7.5. How long do I have to change my mind?
You have 14 days after the day you receive the products, unless:(a) the products are split into several deliveries over different days
(b) The right to change your mind does not apply, as outlined in clause 4.

7.6. When you cannot change your mind. You cannot cancel the contract with us if clause 4 applies or if the cancellation period outlined in 7.5 has elapsed. If you think you may change your mind about your purchase, we recommend that you contact us as soon as possible and that you do not unseal the products you have ordered.

8. How to end the contract with us (including if you have changed your mind)

8.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Phone or email. Call customer services or email us. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) [Online. Complete the contact form on our website. Please provide your name, home address, details of the order and, where available, your phone number and email address.]
(c) By post. Print off the cancellation form and post it to us at the address on the form. Or simply write to us, including details of what you bought, when you ordered or received it and your name and address.

8.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the products in person to where you bought them, post them back to us at the address mentioned in clause 2(b) above. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.

8.3. When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

Please call customer services or email us for a return label. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

8.4. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

8.5. Deductions from refunds. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product using First Class Standard Delivery at one cost but you choose to have the product delivered by Royal Mail Special Delivery (Saturday), then we will only refund what you would have paid for the cheaper delivery option.

8.6. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 2.

9. If there is a problem with the product

9.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. Our contact details are outlined in clause 2 above.

9.2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please contact Citizens Advice or Citizens Advice Scotland.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

·      up to 30 days: if your products are faulty, then you can get an immediate refund.

·      up to six months: if your products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

·      up to six years: if your products do not last a reasonable length of time you may be entitled to some money back.

See also clause 7.3.

9.3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us. We will pay the costs of postage or collection. Please contact us for a return label.

10. Price and payment

10.1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.

10.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

10.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

10.4. When you must pay and how you must pay. We accept payment by the methods we have outlined on our website during the order process. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

10.5. What to do if you think an invoice is wrong. If you think an invoice or payment is wrong please contact us promptly to let us know.

11. Our responsibility for loss or damage suffered by you

11.1. 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.

11.2. 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 as summarised at clause 2 and for defective products under the Consumer Protection Act 1987.

11.3. 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 damages, loss of profit, loss of business, business interruption, or loss of business opportunity.

11.4. Subject to clause 11.2, if Exhale are found liable for any loss or damage that arises out of or is in any way connected with the products, then Exhale’s total liability shall not exceed in any event exceed, in the aggregate, the price of the products purchased

12. How we may use your personal information

12.1. How we may use your personal information. We will only use your personal information as set out in our Privacy policy

13. Intellectual property

13.1. All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) in the products and materials, information and content on the website accessed as part of the services, any database operated by us, and the product design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors or partners). You shall not, and shall not attempt to, copy, imitate, use, obtain any ownership or title to any such property without the express prior written permission of us.

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 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.

14.2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.3. 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.

14.4. 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.

14.5. 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 we discover that it would not be legal for us to supply to the products to you, we can still cancel the contract.

14.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scottish law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England or Wales you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.