THE TERMS AND CONDITIONS FOR COUSINS VAPE (PTY) LTD:
TERMS AND CONDITIONS FOR WWW.COUSINSVAPE.CO.ZA
This website is operated by Cousins Vape (Pty) Ltd.
Throughout the site, the terms “we”, “us” and “our” refer to Cousins Vape (Pty) Ltd.
Cousins Vape (Pty) Ltd offers this website, including all information, tools, and services available from this site to you, the user, conditional upon your acceptance of all of these terms, conditions, policies, and notices as stated herein.
By visiting our site and/or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“terms of service”, “terms”, “service/s”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These terms of service apply to all users of the site, including without limitation, to users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these terms of service carefully before accessing, browsing, or using our website. By accessing, browsing, or using any part of the site, you agree to be bound by all of these terms of service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or browse of use any of our services. If these terms of service are considered an offer, acceptance of the offer is expressly limited to and subject to these terms of service.
Any new features or tools which are added to the current store shall also be subject to the terms of service. You can review the most current version of the terms of service at any time on this page. We reserve the right to update, change or replace any part of these terms of service by posting updates and/or changes to our website from time to time. It is your responsibility to check this page periodically for changes. Your continued use of, browsing or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1: Our Online Store Terms:
By agreeing to these terms of service, you represent that you are at least 18 years of age. Certain Cousins Vape products contain liquid nicotine. Although not considered a tobacco product, we do not sell any of our products to persons under the age of 18 years. By agreeing to our terms and conditions, you are accepting that you, as the purchaser, are 18 years of age or older and, additionally, that you are not purchasing any items for another person under the age of 18.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service we provide, violate any laws (including, but not limited to copyright laws).
Section 2: General Conditions:
We reserve the right to refuse service to anyone, for any reason, and at any time.
You understand and consent to your content (not including credit card information), being transferred unencrypted and this may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3: Accuracy, completeness, and timelessness of information:
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the content/s of this site, at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4: Modifications to the service and prices:
Prices for our products are subject to change without notice.
Section 5: Products:
Certain products may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6: Accuracy of billing and accounts information:
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Section 7: Third-party links:
Certain content available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
In an attempt to provide increased value to our users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Section 8: User comments, feedback, and other submissions:
If, at our request, you send certain specific submissions (for example contest entries) or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these terms of service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 9: Personal information:
Section 10: Errors, inaccuracies, and omissions:
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake and have no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 11: Prohibited Uses:
In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or national rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 12: Use of Site:
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false, or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Section 13: Disclaimer of Warranty:
The contents of this site are provided “as is” and “voetstoots”, without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “providers”, assume no responsibility for errors or omissions in these contents.
The providers further do not warrant, guarantee, or make any representation regarding the safety, reliability, accuracy, correctness, or completeness of these contents. The providers shall not be liable for any direct, indirect, general, special, incidental, or consequential damages (including -without limitation- data loss, lost revenues, and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the providers have been informed of the possibilities of such damages. The providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
Section 14: Our Rights:
We reserve the right to:
1. Modify or withdraw, temporarily or permanently, the website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
2. Change these conditions from time to time and your continued use of the website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions, then you must immediately stop using the website.
3. We will use our reasonable endeavours to maintain the website. The website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the website or because of a failure, suspension or withdrawal of all or part of the website due to circumstances beyond our control.
Section 15: Cookie/Tracking Technology:
The site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Section 16: Product availability:
Lead time is dependent on stock availability. Should we have stock available, orders will be dispatched the same day provided payment is validated/received before 10h00. Should the product not be in stock please allow 10 working days plus freight transit time. This will allow for manufacturing and delivery to our warehouse.
Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence Cousins Vape (Pty) Ltd will contact you via email and provide a revised shipping schedule.
Section 17: Delivery Policy:
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries, please contact us before making any purchase for any service through this website.
Section 18: Shipping:
In South Africa and counter to counter: Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises.
Section 19: Undeliverable packages:
Occasionally packages are returned to us as undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment.
Section 20: Order processing:
Order processing will not begin until we receive a confirmed order and full payment.
Section 21: Disclosure of outlet country at time of payment:
You must fully disclose this information at the time of payment.
Section 22: Payment Options and Pricing:
Banking Details: Cousins Vape (Pty) Ltd
First National Bank
Account number – 62891473458
Branch code – 250655
Swift code – FIRNZAJJ
All transactions will be processed in South African Rands (ZAR).
Cousins Vape (Pty) Ltd will endeavour to offer you competitive prices on current products; your total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping).
Cousins Vape (Pty) Ltd reserves the right to change pricing at any time without prior notice.
Should Cousins Vape (Pty) Ltd reduce its price on any shipped products within 10 working days of shipment, you may contact us and request a refund of the difference between the price you were charged and the reduced selling price. To receive the refund you must contact us within 14 days of date of shipment.
We accept MasterCard and Visa credit cards. If you do not have a credit card, please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online under in your account section available for use whenever you’re ready! Sorry for the inconvenience.
EFT (Electronic Fund Transfer)
One of the most widely used ways of sending money online. Once you have added enough items to your shopping cart, proceed to “Checkout” and follow the order processing instructions. Select the option to pay via EFT. You will then have to load Cousins Vape (Pty) Ltd as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products. Proof of transfer to be e-mailed to Cousins Vape (Pty) Ltd at firstname.lastname@example.org
You may pay for your products through a direct deposit. It is exactly the same as doing an EFT payment, except you’ll have to go into your bank and physically make your direct deposit there. Please e-mail through your deposit slip to us at: email@example.com to ensure your payment is confirmed and order shipped as quickly as possible.
For more information about how to order, special order requirements and other payment options, please contact our Support Team on 061 131 4813 or email: firstname.lastname@example.org.
1. Virtual Card Services process all credit card transactions. All credit card transactions are 128-bit Secure Socket Layers (SSL) encrypted. The company registration documents, and the site’s registered domain name are checked and verified by ????, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
2. Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
3. The Merchant does not have access to credit details.
4. Virtual Card Services continually reviews and enhances its security in line with technological changes.
Section 23: Returns and Exchanges Policy:
Regrettably, wicks, wires, certain accessories and E-Liquids cannot be returned, please contact us regarding any issues.
The buyer shall inspect the goods immediately upon receipt and shall notify the seller within 48 hours of delivery confirming via web site if the goods are damaged. If you receive the incorrect / wrong goods, please do not open them. Inform us immediately.
If the buyer fails to do so, the buyer shall be deemed to have accepted the goods. If the buyer would like to return any goods for any reason at all, the buyer may do so within 7 days of receiving the purchased goods. Goods returned must be in a new (sealed package) and unused condition.
The seller will credit the buyer the cost of the goods; however shipping charges are non-refundable, unless it’s a mistake on our side.
Where a claim of defect or damage is made, the goods shall be returned (at buyers cost) by the buyer to the seller for a replacement after receiving prior confirmation by the seller via e-mail.
If an item is found defective and it is still within the manufacturer warranty period, the item will be replaced, unless the warranty has been voided by misuse.
Please note as per the Consumer Protections Act No 68 of 2008 (CPA), the seller is allowed 2 weeks to check a faulty device and return. Please be patient with us while we check the device.
Prior consent from the seller must be approved via e-mail before any goods are shipped back to the seller. All returns are the responsibility of the buyer until the returned goods reach the seller.
Goods to be returned must clearly show the order number of the original purchase on the package and full packaging. Where returned goods are found to be damaged due to the buyer it will be regarded as at the buyers risk.
Store credit and warranties will not be applied to goods that have been damaged due to misuse or negligence or not correctly following the instructions supplied with the product
With all purchases we provide 48-hour policy where if the product is at fault we will exchange. Store credit are only issued when we have had a chance to resolve the problem with you. All goods must be returned to us by post, and you must take reasonable care to ensure that they are returned in good condition.
Disposable Vape Return Policy – Unfortunately, we are not able to accept returns on disposable vapes products unless they are dead on arrival. Disposable vapes products are meant to be discarded once the battery or E-liquid inside the vape runs out and as Cousins Vape cannot determine how often you are using the device, so therefore unless it is Dead on arrival we will not accept any returns. In accordance with our strict Quality Control guidelines, returned disposable vapes could never be re-used for any purpose, so any opened disposable vape product will not be accepted.
To determine if a disposable vape product is Dead on arrival, the customer needs to open and test the disposable before leaving the shop. Once the customer leaves our shop with disposable vape product, there will be NO warranty or return policy
*PLEASE NOTE ALL PRODUCTS NEED FULL PACKAGING WHEN RETURNING ANY ITEM, EVEN AFTER 7 DAYS.
Section 24: Monitoring:
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating, or attaching conditions to your access and/or removing any materials from the Website).
Section 25: Applicable Law:
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa, whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Section 26: Updating of these Terms and Conditions:
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Section 27: Consent:
I/We understand that all the designs and trademarks are registered to Cousins Vape (Pty) Ltd and hereby accept all of these terms and conditions. I/We undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs on an attorney and client scale, incurred by Cousins Vape (Pty) Ltd for any civil action or any legal action deemed necessary against me.
Section 28: Indemnification:
You agree to indemnify, defend and hold harmless Cousins Vape (Pty) Ltd and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 29: Severability:
In the event that any provision of these terms of service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 30: Entire Agreement:
The failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision. These terms of service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and governs your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.
Section 31: Changes to terms of service:
You can review the most current version of the terms of service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these terms of service constitutes acceptance of those changes.
Section 32: Contact information:
Questions about the terms of service should be sent to us at email@example.com