Terms & Conditions
Please read the following carefully. By using the Website and purchasing products or services, You agree to abide by the following terms and conditions.
“You” and “Your” refer to you the visitor / customer of the Website.
“We”, “Us” and “Our” refer to eShishaDeala.com and its subsidiaries.
The “Website” refers to the eShishaDeala.com website www.eshishadeala.com.
“Agreement” refers to the agreement of these terms between You and Us.
“Payments Services Provider” refers to PaymentSense, Our third party payment services provider.
You must be 18 or over to view and purchase goods from the Website.
We may change or withdraw any part of the Website at any time without notice.
We may also terminate this Agreement and immediately remove, cancel or suspend access to and use of the Website upon breach of any part of these terms whatsoever.
To become a member of the Website You must first register and choose a user name and password. You are responsible for all actions taken under that user name and password and shall only use the Website under Your own user name and password.
You may not transfer or sell Your user name to anyone, nor permit, either directly or indirectly, anyone to use Your user name or password. You are solely responsible for the security and confidentiality of Your user name and password.
We reserve the right to cancel or suspend any accounts without notice.
Due to the nature of the internet there may be interruptions to services or Website availability due to repairs, maintenance, or the introduction of new services. We will naturally try to minimise these instances and strive to avoid any down time.
In the result of any waiver in respect to Our terms We reserve the right to hold all terms relevant in the future.
By purchasing, You agree that all details You provide to Us for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card You are using is Your own and that there are sufficient funds to cover the cost of the goods or services ordered.
Once Your order has been placed and completed online You will be sent an automated email confirmation of Your order. This email is generated by Our Payments Services Provider and does not mean that We can definitely meet Your order, it simply confirms that Your order and all relevant details were received and are progressing through Our system.
All purchases are non-exchangeable and non-transferable.
We may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time without notice.
If an order is cancelled, any payment made for the product(s) will be refunded in full. This does not affect Your Statutory Rights.
Every order is treated as individual and will be processed as such.
Any defective, damaged or incorrect orders shipped will be replaced or refunded according to Our terms and conditions only if We are notified within 7 days of receiving Your order and it is reasonable to do so.
All products and services are subject to availability. We endeavour to keep accurate stock levels however in the event of an item being out of stock it will be deleted from Your order.
If the item purchased is still required We will retain the order until such time that the item ordered comes back into stock.
Where products are offered in various flavours, We provide the facility to select a “preferred flavour” of the product. We endeavour to meet each request for flavours of a product, however please be aware that as some flavours are very popular and stock levels vary, We cannot always guarantee supply of the requested flavour, in these cases We will supply You with the same product of an available flavour We have in stock, You can let Us know what alternative flavour You would like to receive by emailing sales@eShishaDeala.com with Your order reference number.
Pricing & Payment
All payments are processed by Our Payments Services Provider. The following major credit and debit cards are accepted:
- VISA Debit
- VISA Electron
All prices seen on the Website are final and include VAT. Any pricing errors will result in Your order being suspended until We can contact You via the methods provided. In the event that We cannot contact You, We will render the order cancelled and all payment refunded as per these terms and conditions.
All payments are taken in GBP (UK Pound Sterling).
Your statement will show a charge from www.eShishaDeala.com.
All orders must be paid for in full before any goods will be shipped. All products are subject to availability and remain Our property until paid for in full.
All credit / debit card details are taken and securely transmitted using industry standard 128 bit Secure Socket Layer (SSL) encryption by Our Payments Services Provider. We do not store any credit / debit card details or any other financial information.
The total amount You pay is the same, regardless of the payment method You use.
Please note that all returns for either unwanted or damaged / faulty goods must be confirmed by either phone or email. Any goods sent back without Our prior consent will be sent back at Your cost.
All returns are the responsibility of the customer until they reach us.
If You would like to return Your items for any reason at all, You may do so within 7 days of receiving Your purchase. Items returned must be in a new and unused condition. We will refund the cost of the items however shipping charges are non-refundable.
Faulty Products / Damaged Items
In the highly unlikely event that an item sent to You is found to be faulty, You may send it back to Us for a replacement. We will refund the cost of sending the item back to Us. Items should be sent back via First Class Recorded Delivery. We will not accept extra charges for other courier services or guaranteed next day services.
Please make sure that You have clearly read any instructions that may have come with the product(s), or may be displayed on the Website, as products found not to be faulty when they come back to us, will be sent back to You at Your cost. Please note that Our returns policy also applies.
Limitation of Liability
These terms and conditions are not intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
Subject to the aforesaid, We shall not be liable to You for any loss or damage unless such loss or damage arises as a direct result of Our negligence, recklessness or wilful misconduct, or fraud or misrepresentation on Our part.
To the fullest extent permitted by applicable law, We disclaim all liability for our Employees’ or sub-contractors’ negligence.
We may include links from time to time from the Website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of Your use of such sites.
Our total liability to You in respect of any claim by You arising out of or in connection with the provision (or the failure to provide) the goods shall be limited to the value of the goods supplied.
No claim by You against Us shall be valid unless You have notified Us of the details of the claim within one year of it arising.
Every provision of this clause excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.
We have used reasonable care and skill in compiling the content of the Website but make no warranty, express or implied, as to the nature or accuracy of any material on the Website and cannot accept liability for any particular material on the Website or as a result of any use of or reliance placed upon information contained within the Website.
Although every effort is made to ensure complete accuracy, some prices or details shown on the Website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavours to rectify any errors as swiftly as possible.
As currency rates change on a daily basis We cannot always guarantee the accuracy of the currency conversion facility and as such this should be used as an approximate guide only. Our currency converter acquires its conversion rates daily from the European Central Bank, however it is still possible that errors may occur from time to time, We have no control over the conversion rates and as such accept no responsibility for the use of the conversion facility or language translation service, both of which are provided by third parties.
We may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without Our express written permission.
These terms constitute the full Agreement between You and Us and may only be amended in writing.