By accessing this Website and/or placing an order over the telephone or on this Website, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, do not use or access this Website or place an order. Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Service team on 0800 622 6610. All calls to Customer Services can be made at local rate from UK landlines and mobiles. Inbound and outbound calls may be recorded for quality monitoring and training purposes.
By accessing this Website and/or placing an order over the telephone or on this Website, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, do not use or access this Website or place an order. Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Service team on 0800 622 6610. All calls to Customer Services can be made free from UK landlines and mobiles. Inbound and outbound calls may be recorded for quality monitoring and training purposes.
“Conditions” means these terms and conditions together with any terms and conditions in the Product Description.
“Product” means any of our products displayed for sale on the Website or over the telephone.
“Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided.
“Users” means the users of the Website collectively.
“Personal Information” means the details provided by you to us, when you register or place an order.
“We”, “us” and “our” means Evolved Products LLP.
“Websites” means the websites located at www.smokingevolved.co.uk and any subsequent URL which may replace it.
“Cookies” means small text files which our Websites place on your computer’s hard drive to store information about you and to identify your computer.
“United Kingdom” means England, Wales, Scotland and Northern Ireland.
“You” means a user of this website.
2. Accessing our Websites
Your access to this Website is granted in accordance with these Conditions. Any orders you place with us over the telephone or on this website are made subject to these Conditions.
We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part thereof) 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;
- change the Conditions from time to time, and your continued use of the Website (or any part thereof) 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; and/or
- block access to the Website or any part of it to all or specific users if we suspect breach of these Conditions or fraudulent activity.
3. Use of tobacco products
Our products are designed for adult smokers only. Our products contain nicotine which is a highly addictive substance. Nicotine-containing products should not be used by pregnant or breastfeeding women or persons in ill health. Our products are not for sale or use by those under 18 years old. Whilst we ensure our products are made to high standards, you acknowledge that you use our products at your own risk. PRODUCTS FOR SALE ON OUR WEBSITE ARE NOT RISK FREE AND THE BEST WAY TO REDUCE TOBACCO RELATED HEALTH RISKS IS TO QUIT TOBACCO USE ALTOGETHER.
4. Placing an order
You can place an order via our online shop or by calling our care team on 0800 622 6610 We accept payment by credit and debit card. In order to comply with the law, we are required to verify that you are of the legal age of 18 or over before we can sell our products to you. You can find out about our delivery charges in our FAQs. Deliveries and timescales may vary.
We reserve to right not to accept any orders received by us. Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment and/or suspected fraud.
- The identification of a pricing or product description error.
- Our inability to deliver to your specified delivery address.
- You not meeting the eligibility criteria set out in the these conditions, including us suspecting that you are not over the age of 18.
We may decline orders of over £700 (including multiple orders adding up to that amount over a short period) and we may limit the number of products per customer purchase.
5. Delivery restrictions
You can find out about our delivery restrictions in FAQs. We require a person over 18 to sign for the delivery. Without this, we cannot complete the delivery and you will be refunded. Our customer service team will contact you to create a new order if delivery is not possible. If your order is delayed, we’ll keep you updated with a new estimated time of arrival. If delivery is delayed by more than 7 working days, you may contact us to cancel the order and we will happily refund you any money paid.
6. Right to cancel
By law, you have the following cancellation rights when you place an order with us online or by telephone:
- You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the products. You must return the products wrapped in the original packaging (including the plastic film wrapper). For faulty products.
- If you wish to exercise your right of cancellation, you are obliged to retain possession of the products and take reasonable care of them. Do not use the products if you have decided to cancel the order.
- To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your telephone number and email address.
- You can cancel by emailing firstname.lastname@example.org; calling us on 0800 622 6610; or by writing to: Evolved products LLP, Unit 5 Home Farm, Mill lane, Stillington, North Yorkshire, YO61 1NG.
- If you decide to cancel, you should return the products at your cost within 14 days of such cancellation. You should keep proof of postage. Once we receive the products, we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to products to
which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
- We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of you failing to take reasonable care of them. We will make the reimbursement no later than 14 days after the day we receive back from you any products supplied.
- If you have purchased products as part of a bundle offer, you must return all products comprising the bundle, including unopened HEETS. If you return a bundle with opened HEETS, unfortunately we cannot accept the return for hygiene reasons. We cannot accept part-returns of products purchased as part of a bundle offer if returned under the right to cancel. Please note we cannot accept returns of HEETS or other consumable products which have been opened after delivery. This is necessary for hygiene reasons.
7. Description of products
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our Order acceptance policy. We reserve the right to cancel an order up to the point of despatch if we have made an error in pricing. If this happens, we’ll refund you any amounts paid.
We do our best to make sure everything works perfectly, but if it doesn’t you can call our care team on 0800 622 6610 to find the best solution to your problem. We are pleased to offer a 1-year guarantee on all our electrical products purchased online or over the telephone. The guarantee does not apply to consumable products such as HEETS. Your original receipt acts as your guarantee so please make sure to keep this.
What does the guarantee cover?
Our guarantees provide cover against faults and breakage during normal use. This means that if your product develops a fault during the guarantee period, we’ll arrange for it to be repaired or replaced free of charge.
How does the guarantee work?
During the guarantee period, if your product stops working properly, and this is not because of one of the reasons listed below in “What’s not included”, check any user guides contained in the product packaging.
If you return a product to us which is not faulty, then we may return the items to you or offer you a replacement at your cost.
What’s not included?
There are some specific exclusions from our guarantees, as follows:
- Products which have been used for more than 7,300 cycles (IQOS).
- Accidental damage, for example if your product has been dropped.
- Consumables such as HEETS(IQOS).
- If the product has been used commercially or for business purposes.
- Cosmetic wear and tear such as scratches, dents, corrosion or colour where the function of the product is unaffected.
- Any loss suffered as a result of not being able to use the product, or any loss over and above the purchase price of the original item.
- Servicing, inspecting or cleaning of the product; and failure to follow our instructions for use.
- Deliberate damage or neglect of the product.
Please note that our guarantees only apply to products bought and used in the United Kingdom. This does not affect your statutory rights.
9. 30-day money back guarantee – Changed your mind? Never mind.
For all of our registered customers who have opted-in to receiving communications, we offer a 30-day money back guarantee, in case you change your mind. For hygiene reasons, this guarantee does not apply to consumable products such as HEETS or Nic salt pods.
What does the 30 day money back guarantee cover?
The 30 day money back guarantee gives you peace of mind that if you are not happy with the products you purchase you can return them and get a refund, subject to some exclusions listed below.
How does the guarantee work?
If you’d like a refund under the 30 day money back guarantee, please return the product to us, including all packaging, instructions and accessories, together with proof of purchase. You can return these goods to us by post. If you’d like to return the products by post, please call us on 0800 622 6610 so we can give you a returns authorisation number and explain what you need to do. We may refuse returns of items by post if they do not include a returns authorisation number. Once you’ve returned the product within 30 days of purchase, we’ll refund you the price paid. We’ll pay the refund to the original payment method used. Please note it can take up to 10 working days for the issuing bank to process the refund.
What’s not included?
You cannot return products under the 30-day money back guarantee unless they are still in good condition. HEETS cannot be returned under the 30-day money back guarantee. Please note that our guarantees only apply to products bought online and over the phone, in the United Kingdom. Only registered users who are opted-in to receiving communications from us can claim under the 30-day money back guarantee. This does not affect your statutory rights. The 30-day money back guarantee is in addition to other rights you may have under law and in these Conditions.
Please note, refunds can take up to 5-7 working days to be processed via the original payment method.
10. Returning an item
If you are returning an item, please make sure you package the products up securely, using the original packaging if possible.
11. Business use
We’ve selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes, please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of business, we exclude (to the fullest extent permitted by law) all implied warranties and conditions including those relating to fitness for a particular purpose. Our maximum liability for business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence). In relation to business users, we do not accept liability for loss or use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty
12. Personal Information
On the Websites, and when you place an order on the telephone or on the Website, we may ask to collect certain Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections and a password (“Personal Information”). Credit cards and other payments are handled by a third party and we don’t retain payment information. If we ask you to send us
a copy of your ID for age verification purposes this will be deleted after 7 calendar days. We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure and we will fully comply with all applicable UK GDPR and consumer legislation in place.
We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com, your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website) (“User Information”). We may collect this information even if you do not register with us. We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with applicable GDPR. We use your information only for the following purposes:
- Processing your orders;
- For statistical or survey purposes to improve our Websites;
- To serve website content and advertisements to you;
- To administer this website;
- If you consent, to contact you for market research purposes;
- To provide you with information and third party offers which may be of interest to you.
15. Eligibility criteria
This Website is not for use by anyone under the age of 18. If you are aged under 18, you may not access any part of the Website. The products offered for sale on these Websites are intended only for those aged 18 or over. Products may not be purchased by or for anyone under the age of 18. Evolved Products LLP is committed to upholding both its legal and social obligations as a retailer of tobacco products. To achieve this, we have a number of control checks throughout the purchase and physical distribution process. For example, we may request your date of birth when the order is placed, and/or validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. In accepting these Conditions, you agree to provide us with truthful and accurate information.
16. Intellectual property
You acknowledge and agree that all intellectual property rights in all material or content supplied as part of the Websites or any one of them, including all copyright, trademarks and other intellectual property, remains at all times vested in us or our licensors. You are allowed to use this material only if and as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is not for redistribution and any unauthorised use of the material and content of the Website is strictly prohibited. You may not directly or indirectly copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of material and content supplied on the Websites.
17. Compliance with laws
You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We use reasonable endeavours to verify the accuracy of any information we place on the Website. However, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.
This does not affect your statutory rights as a consumer, nor does it affect your cancellation rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Once products have been delivered, we accept no responsibility in the event of theft or misuse of the products. It is your responsibility to ensure that the products are used by persons aged 18 or over.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of any order you place and any related payment secure, but in the absence
of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Websites.
Nothing in this clause shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any prior or following breach of any provision of these Conditions.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
23. Entire agreement
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England. You irrevocably submit to the exclusive jurisdiction of the courts of England for disputes arising from or related to these Conditions.