Terms & Conditions
1st.- Legal framework
In accordance with current regulations, the entity 002 (hereinafter "VAPE STORE MALAGA") that operates via the Internet from this website WWW.VAPE STORE MALAGA.COM describes below the general contract conditions for the products and/or services offered through it and from which the rights and obligations of the parties derive.
2nd.- Identification
The present General Contract Conditions (hereinafter "Conditions") aim to regulate the relationship between ANTONIUS MARIA THEODORUS TEEUWEN (hereinafter "VAPE STORE MALAGA") and the customers (hereinafter the "User") with respect to all transactions carried out through the website of an online store.
2º.1.- Offering Company
– COMPANY NAME: ANTONIUS TEEUWEN
– TRADE NAME: VAPE STORE MALAGA
– CIF number: Z1168529L
– ADDRESS: Avenida de la Aurora 3
– POPULATION: CARTAMA STATION
– PROVINCE: MÁLAGA
– C.P.: 29002
– TELEPHONE: 637 592 811
– E-MAIL: VapeStoreMalaga@gmail.com
And of another part:
2º.2.- The User
User or client is understood to mean an internet user who acquires this status by registering on the website, using a form and to whom usernames and passwords are assigned, of which he or she assumes full responsibility for the use and custody. the accuracy of the personal data provided to the provider, as we will see in the User Registration section.
3rd.- Acceptance
By accepting these Conditions, the User declares:
1. That he/she is a person authorized to enter into contracts in accordance with the applicable regulations.
2. That you have read and accepted these Conditions.
4th.- Availability
The User will always have access to the Conditions, which he/she can save and/or reproduce on a durable medium, before starting the product contracting procedure.
5th.- Validity or duration
The validity or duration of these Conditions and specific contract conditions is the time that they remain published on the aforementioned website and is applicable from the moment the User uses the website and/or proceeds to conclude a contract for products. .
6th.- Changes
The provider reserves the right to unilaterally change these Conditions, without this having any consequences for the goods or promotions purchased by the User before the change.
The User undertakes to read the contractual conditions carefully each time he purchases a product, as they may have changed since the last time he consulted them.
7th.- Nullity
If any provision of these Conditions is declared null or void, in whole or in part, this nullity will only concern the provision or part thereof that is null or void, while the other Conditions will remain in force.
8th.- Purpose of the contract
The purpose of this contract is to regulate the contractual sales relationship between the provider and the user at the time the latter accepts the purchase during the online contracting process through the mechanisms set out below.
The contractual sales relationship includes the supply, at a fixed price and published on the website, of one or more specific products.
Each of these products may be subject to specific regulations through the specific contractual conditions of each of them, more details of which are given in the section on guarantee, returns, withdrawal or in the technical information sheet of the product itself, due to the different formats. The manner in which the products are placed on the market, their packaging or their nature.
9th.- User registration
The User can access the customer area in two ways.
By clicking on the customer access/identification tab, or once the products are about to be purchased, in the second step you will be redirected to the customer access for identification or creating a new user.
To do this, fill in the required personal data, namely: Name, Surname, Contact telephone number, date of birth (age verification), and address. Access data: Email address, access code and verification of the access code, which must contain at least one capital letter and one number. The user chooses a name and password and undertakes to use them carefully and not to make them available to third parties. He must also inform the provider of any loss or theft or of possible access by an unauthorized third party, such as: that the provider immediately proceeds to blocking. The user is fully responsible for the use and storage of the data and is responsible for the accuracy of the personal data provided to the provider. The user may not choose as a username words that are intended to confuse others by identifying him or her as a member of the provider, as well as crude, insulting statements and generally contrary to the law or the requirements of morality and good decency. ways."
After registration, you will receive a verification email with which you can activate your account and obtain information about your registration data. We will manually approve or disapprove your account. If this is approved or disapproved, you will receive an email.
Once you have clicked on activation, you will be redirected to the website where you can fill in the registration data with the billing information. Here the following data will be requested:
Name and surname, NIF, shipping address, postal code, city, province and country.
When you register as a store user, you will have access to the website and can purchase products.
10th.- Geographic scope
www.VapeStoreMalaga.com operates and sells exclusively from their (store) address in Spain (Malaga). The use of this website and all purchases made through this website are deemed to have been made in Spain and are therefore subject to the applicable Spanish laws and regulations. The buyer is responsible for the purchases.
11th.- Product information
The Supplier pays great attention to the information about the characteristics of the products through technical descriptions of the collaborating companies and manufacturers and through photographs to illustrate the products. All this is done within the limits of technology and with respect for market standards.
You may have a link that allows you to make the information as comprehensive as possible.
12th.- Taxes, currency and shipping costs
In accordance with current regulations, all purchases made through the website are subject to value added tax (VAT). These include value added tax (VAT) and are expressed in euros (€) in all cases. Unless expressly stated otherwise, these prices do not include shipping costs and any other additional services associated with the purchased product.”
13th.- Language in which the contract is drawn up
The contract procedure and the pre-contractual information are in Spanish. This language will be used to execute the contract. We also work with a translator, however, the literal translation may be different from the original language stated.
14 steps of the contract/purchase process
14º.1.- Registration
When you register as a store user, you will be able to access the website and purchase products.
“To start the process of purchasing products on www.Vape Store Malaga.com, you must first click on the button that appears on the main page “customers/identify yourself” or start the purchase process and fill in the required data that appears on the page and will appear below. After registration, the username and password will be assigned automatically, based on the passwords that the interested party has previously chosen.
The registration system does not have a user verification system during the registration process. Before activating the user in the system, a welcome message will be sent to the email address where the user can activate the account and find information about their registration data.
After registering correctly, you can log in to the control panel of your profile with your username and password to fill in the registration data, such as the billing data, and manage all the functions that the page provider has made available to you, such as the account data, my orders and the ability to exercise rights. 14º.2.- Purchase process
The purchase process is simple and easy.
1. The user can add products before or after identifying themselves on the website. If they access as a guest, they do so after adding the products to the shopping cart and placing the order.
2. The user has a pre-invoice visible at all times, which shows the price excluding VAT, the VAT percentage and the total amount to be paid for each selected product. Once the order has been placed, the user will receive the purchase invoice by email. This will include the details of the company, the buyer, the invoice number, the selected items and quantities and the specified amount.
3. When completing the order, the user has the option to choose home delivery or collection.
4. Once the order has been prepared, the company selected by the user will be contacted to collect and ship the order.
5. When completing the order, the user has the option to choose a payment method, namely payment by bank transfer. The User is informed that the requested order will not be prepared or shipped until payment has been confirmed or, in the case of a bank transfer, proof of payment has been sent. (always mention the order number as a description when making a transfer! This will prevent delays)
Provisions to be taken into account during the purchase process.
15th.- Product availability
The products are purchased on request and are in stock. If there is a delay in shipping, you will be notified in advance by telephone or e-mail.
16th.- Types of products
The website has a wide choice of the best brands and at very competitive prices for everything related to electronics, personal vaporizers and consumables:
Batteries, chargers, clearomizers, atomizers, resistors, e-liquid, flavors for the preparation (alchemy) of e-liquid, bases for the preparation (alchemy) of e-liquid, etc. divided into categories for easy searching. (subject to product availability)
17th.- Maximum/minimum order amount
There is no maximum order amount.
The minimum order amount is €30 excluding shipping costs.
18th.- How can I extend or cancel my order?
You can always extend an order before completing the purchase by clicking on the "Continue Shopping" button.
If you wish to cancel an order after purchasing it, you are entitled to a full refund, as long as the following conditions are met:
The order has not yet left our warehouses and is not yet in transit to the specified address.
For orders that have already left the Vape Store Malaga facilities, the courier company will be notified. In this case, the customer will be refunded the full amount, except for shipping costs.
To request the cancellation of your order, you must send an email to the address vapestoremalaga@gmail.com
The order can also be cancelled through the user profile on www.Vape Store Malaga.com. To do this, the user must find the order in his purchase history, provided that the conditions indicated above are met, the money will be refunded to the same payment method with which the purchase was made, within the period of 24-48 working days.
19th.- Shipping costs and methods.
The shipping costs are covered by the supplier's carrier and the rate is as follows:
Purchases can be made from a minimum order amount of €30 (excluding shipping), a shipping fee of €6.95 applies for orders up to €100. For orders over €100, shipping is free.
We only ship within Europe.
20th.- The delivery time
Between the placing of the order and the date of the first delivery attempt by the carrier to the address indicated in the order, is the sum of these 2 factors:
1. Preparation time for shipping (24 to 48 hours) = validation and verification of your data and payment + preparation of your order + collection by the carrier.
After receiving the order, we confirm the payment. At that time, an informative email is sent to the user and
confirms the receipt of payment (or proof thereof) and the preparation of the requested order.
2. The transport and delivery time of your order is indicated in working days, ranging from 3 to 9 working days. Finally, a final informative email is sent to the user with a confirmation of shipment, purchase invoice and package tracking number, thus completing the order.
If you do not receive your package within the indicated period, an investigation will be carried out with the carrier. This may take several days (the estimated period is fourteen (14) working days). During this period, it is not possible to resend the order or make a refund.
We advise you to check that everything is in accordance with your order and that the packaging of the package is in perfect condition when you receive your package. Then sign it with reservations and indicate by hand on the carrier's delivery note if you have found any anomalies upon receipt.
If, upon opening your package, you find that the delivered items do not correspond to your order or are damaged, please contact our Customer Service, send an email and describe your (complaint) as clearly as possible.
The products supplied by suppliers do not facilitate the installation and operation of the products.
21st.- Invoice
Where can I view my invoice? The invoice will be sent by e-mail after your purchase. The user can also request the invoice by contacting our customer service.
22nd.- Sales tax
In accordance with current regulations, all purchases via the website are subject to value added tax (VAT).
23rd.- Payment methods or modalities
In general, the User can choose the following payment method:
A) By bank transfer
You must make the transfer in time to the account that is communicated to you.
IMPORTANT: With the transfer concept, you only have to provide the order number that is communicated to you.
The user must provide proof of the transfer in order to speed up the payment confirmation process. (You will receive the instructions in the e-mail after ordering)
Always mention the order number in the description, so that we can process your order as quickly as possible.
24th.- General provisions on the payment process
• The payment order given by the User necessarily implies acceptance of these General Terms and Conditions, as well as of the specific conditions of the order.
• For each payment method chosen by the User, the general terms and conditions of the financial institutions concerned or of secure payment platforms apply to the User.
• Once the payment has been correctly made, the User will receive an informative and confirmation email confirming the essential conditions of the transaction:
o Item purchased, total amount, as well as selected payment and shipping method.
o Products sent to the address provided by the User:
The confirmation email contains the invoice for the product. The User can use this after receiving the order to request the guarantee from the relevant merchant.
In any case, the User always has access to information about his orders via the website.
The Provider reserves the right to cancel payments or orders if there are indications of fraudulent transactions. The Provider informs the competent authorities of any behavior that may be investigated in the context of fraud prevention.
25th.- Return of defective, damaged or incorrect products or exercising the right of withdrawal
Once you have received your order, you can cancel your purchase, provided that the product has not been used and is unopened, is in its original (sealed) packaging, and the accompanying manuals, as well as all original accessories or any promotional gifts. Within a maximum of 14 calendar days after receipt of your order.
We remind you that if you exercise your right of withdrawal, we will refund you the amount you paid for the product(s) purchased. This amount includes the purchase price and, if applicable, the shipping costs via the cheapest method of delivery. If you choose to have the product collected from your home, the costs of collection will be borne by the customer.
Items whose original packaging is not intact and unsealed, as well as any type of product personalized for the customer, cannot be returned using the right of withdrawal.
And you must also ensure that:
a) The product has not been misused or abused, has not been treated in an inappropriate or careless manner, and has not been exposed to abnormal or harmful conditions.
b) It has not been involved in an accident or has been damaged in the course of attempted repair or modification.
c) It has not been used in a manner contrary to that specified by the manufacturer in the product instructions.
d) The product has not been damaged by natural wear and tear after receipt.
If the product does not meet any of the above requirements, we may, at our sole discretion, decide not to repair or replace the product, or not to refund the amount paid and/or we may ask you to reimburse all transport and inspection costs incurred. . at the current standard rates. In order to make such a refund, we may charge the above costs to your debit card account or use the payment details you provided when placing the order.
If a product is defective, the Supplier will repair, replace, reduce the price or terminate the contract, which actions are free of charge for the consumer and user.
If the product or packaging is damaged or no longer in its original condition, the value of the item will be reduced.
This provision does not affect the rights that consumers enjoy under current legislation.
In cases where you believe that the product does not comply with the provisions of the Contract at the time of delivery, that the product has been damaged during shipping or that it is incorrect, you must contact us immediately via our contact form, providing the product details as well as the damage it has suffered, or by calling +34 637 592 811 during the stated opening hours of our customer service or under the heading Contact at the bottom of the website.
Once the return request has been assessed and the necessary checks have been carried out, and after we have confirmed this by e-mail, we will collect the product from the place of delivery.
We will carefully examine the returned product and inform you by email within a reasonable period of time whether the product can be returned or replaced (if applicable). The item will be returned or replaced as soon as possible, but in any case within 14 calendar days from the date on which we send you an email confirming that the return or replacement of the non-compliant item is appropriate.
Amounts paid for products returned due to a proven defect or error will be fully refunded, including the shipping costs incurred to deliver the item to you. The refund will be made via the same payment method that you used to pay for the purchase.
The rights recognized by current legislation are guaranteed. The exchange of an item for another item will not be accepted. In this case, it must be returned and a new purchase must be made. The return of a product purchased on the website can be made in the following ways:
1. By submitting a request to collect the product from your home. You can do this by sending an email with your contact details and order number, requesting the return. You can also contact our customer service for this.
If you have received an incorrect order, please call customer service on +34 637 592 811 or send us an email at vapestoremalaga@gmail.com. We will be happy to help you resolve the error.
26th.- Exceptions to the right of withdrawal
The right of withdrawal does not apply to the delivery of:
- Products whose nature may have been modified.
27th.- Customer Service: assistance, suggestions and complaints
You can contact our Customer Service at any time to request assistance, make suggestions or file complaints by writing to VapestoreMalaga@gmail.com, or by calling +34 637 592 811 (During store opening hours) from Tuesday to Saturday from 10:00 to 18:00.
28th.- Product warranty
All items offered on our website are covered by the official manufacturer's warranty according to the legally established conditions, for a period of 3 months from the date of delivery.
This 3-month warranty period, from the delivery of the product, does not include defects caused by negligence, impact, misuse or improper handling, incorrect installations not carried out by authorized Technical Services if applicable, etc. materials worn out by use. The 3-month warranty applies to all our devices. One of the requirements for the warranty is that you have the box etc. with you.
The provider reserves the right to ask an official technical service of the brand to verify the origin of the problem. If, after checking the product, it turns out that there is no defect, the device will be returned to the customer.
In this case, VAPE STORE MALAGA is not responsible for the shipping costs. In cases where the warranty applies, you can choose between repair, replacement, discount or return of the item, in accordance with the legally established conditions.
To make the warranty valid, the process can take from 15 days to 3 months, depending on the manufacturer of the product in question.
In case of operational problems, you must inform us by email or telephone within 3 months of receiving your order. Consumables: batteries, clearomizers, cartridges, atomizers, tanks, e-liquids and accessories have no warranty, because they are consumables.
If there is a problem with these products, you must report it within a maximum of 48 hours of receiving the order by email: vapestoremalaga@gmail.com or by whatsapp to the contact number: +34 637 592 811.
– Application of the regulations on guarantees applicable to the conclusion of contracts for electronic cigarettes.
Royal Legislative Decree 1/2007, of 16 November.
Application of the regulations on the required consultation: guarantees applicable to the contracting of electronic cigarettes.
The main components, such as the battery, the clearomizer and the microprocessor, are consumables with a relatively short life.
In this sense, the useful life of some of the consumables of the electronic cigarette are as follows:
– The battery has an average aging period of about 6 months or about 300 recharges.
– The clearomizer has a useful life of about 1 to 3 months.
– The microprocessor usually becomes unusable within a period of 1 to 3 months.
– Liquids or e-liquids are used up when the user has taken 300 to 600 puffs, depending on the size of the container and the type of atomizer and associated resistances used.
In addition to the range of consumables, distributors also offer other non-consumables, such as USB cables for the battery, chargers and adapters, which have a 3-month warranty.
In conclusion, we can say that the 3-month legal warranty on the consumables that make up the electronic cigarette will have little validity in practice, since, as we have indicated, they become obsolete much faster than the warranty provided by the legal warranty.
Consequently, the legal guarantee will only be effective in the event that these consumables become unusable in a shorter time than other similar products of the same class, that is to say, for example, if the battery has an average lifespan of 6 months, after 3. The legal guarantee of the TRLGDCU comes into play, protects the user of these products and may request the consumer to exercise his right of withdrawal due to lack of conformity of the product under art. 118 TRLGDCU.»
29th.- Rights of the Provider
- Maintain, modify or suspend your website without prior notice.
- Change the price of the offers.
- Reject orders due to lack of stock or non-payment by the customer.
- Deny customers access to computer resources if these conditions are not met.
- Collect the amount of the customer's purchases as soon as the transaction is accepted.
- Reserve the domain and retain full ownership of the item until the customer has paid the full amount.
- The information published by the Provider in all its content may not be reproduced, transferred or destroyed without the express permission of the company itself.
- Continue to correct or modify human or computer errors.
30th.- Limitation of liability
All data provided by the User to the Provider and through the associated forms must be truthful. It is the User's responsibility to keep the data provided to the Provider up to date. In any case, the Provider is exempt from any liability for damage or loss resulting from the provision of incorrect, incomplete, inaccurate or incomplete information.
Access to the website does not imply any obligation on the part of the Provider to check the authenticity, suitability, completeness, accuracy, appropriateness and topicality of the information provided by the User via the relevant forms.
The Provider is not liable in those cases in which it is up to the parents, guardians or legal representatives of minors or incapacitated Users to authorize access, the provision of personal information or the use of the website or the contracting of products or services. via the applications or the web platform. It is the responsibility of the aforementioned parents, guardians or legal representatives to supervise the access and use of the minor or incapacitated person to contract the products and services offered through www.vapestoremalaga.com
The access of Users to the Content does not imply any obligation on the part of the Provider to check the absence of viruses or computer elements that may have harmful effects on the User's computer equipment. In any case, it is the User's responsibility to have the necessary tools to detect such viruses or harmful computer elements. Therefore, the Provider is not liable for any damage to the computer equipment of Users or third parties that may occur during access to the Content.
The Provider is not liable for any failures in the electricity or telecommunications services that prevent users from using the services offered.
31st.- Applicable law and jurisdiction
These conditions shall be governed by and construed in accordance with Spanish law in all cases not expressly stated. The provider and the user agree to submit any dispute arising from the supply of the products or services covered by these conditions to the courts and tribunals of the user's place of residence.
32º.- Online dispute resolution platform for consumers and traders
The European Commission has launched a platform to help consumers and traders resolve disputes relating to online purchases.
Platform address:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
* Typing and printing errors reserved, the Spanish version of the general terms and conditions is leading