Terms and conditions
1. Introduction
Welcome to our website. We kindly ask that you take your time and thoroughly read the following terms and conditions as well as our policies on collecting and using personal information, which govern your use of our website.
By visiting and accessing this website, you accept these terms and conditions in full. Upon placing an order through this website, you agree to having read and understood these termsand conditions and agree that you fully comply with them.
We reserve the right to regularly update our terms and conditions without informing our customers. The currently valid terms and conditions can always be found here.
This website is owned and fully operated by:
DanSmoke AGFänn West 10
6403 Küssnacht am Rigi, Switzerland
The company listed above is your agreement partner in all relations regarding DanSmoke®.
2. Legal basis for service agreement
By using our website, you guarantee that you are at least 18 years of age, you are legally an adult and capable of entering into a legally binding agreement with our company. You furthermore accept our terms and conditions in full.
IMPORTANT! Placing an order for our products or services (including the Loyalty Program) is illegal for a person under the age of 18 or a person acting on behalf of other legal persons.
3. Privacy
We are committed to protecting your personal information and to treat it as confidential. We do not disclose any information to a third party without your written agreement.
4. Trademarks and copyright
All content on this website is copyrighted. All rights reserved to DanSmoke AG. Information on this website including, but not limited to, text, images, and sound may not, except for strictly private use or where specified, be copied, transferred, distributed, or stored without prior written consent from DanSmoke AG.
All logos, brands, company logos and trademarks used on this website are the exclusive property of DanSmoke AG. Any use of our trademarks is only permitted with prior written consent from DanSmoke AG.
5. Acceptable use of the website
When using and accessing our Website you shall not cause damage, or deny or prohibit accessibility to the Website in any way that is unlawful or illegal. Any instance of fraudulent or harmful behaviour is strictly prohibited. Using and accessing our Website in order to copy, store, host, transmit, send, use, publish or distribute material that could be considered damaging to computer software is prohibited in all forms. You may not conduct or perform any systematic or automated data collections in relation to our Website. Unsolicited transmission of commercial communications by you is prohibited.
6. Using My Account
It is your sole responsibility to ensure that your username and password for your account are stored in a safe and confidential manner. We recommend that you do not disclose these details to any third party. You agree to and are bound by these terms and conditions which covers any activities that is performed under your personal account. We reserve the right to reject delivery, reject orders, or delete your account at any time without grounds or notifications to you. Any prepaid amounts will in such cases be refunded.
If you know or suspect that anyone other than you knows your user and password, you must promptly notify us at service@dansmoke.co.uk.
7. User created content
All user created content on this website is the property of DanSmoke AG. If you share comments, images, videos, or in other ways communicate with this website, you also accept that you grant the owners of this website global, non-exclusive, royalty-free rights to production, translation, or distribution of this content for existing or future commercial purposes. Examples of this include customer statements, reviews of products, answers to questionnaires etc.
You must not submit any Content that is: illegal, unlawful, defamatory, offensive, abusive, indecent, obscene or menacing; and/or in breach of copyright, trademark, confidence, privacy or any other right. You will ensure that any content submitted, posted or uploaded by you does not infringe any third party intellectual property rights.
We will not be responsible or liable to any third party for the content or accuracy of any Content submitted, posted or uploaded by you or any other user of our Website.
We have the right to remove any content from our Website if, in our sole opinion, the content does not comply with our acceptable use terms or any other terms set out in these terms and conditions.
8. Right of withdrawal and return policy
We offer a 14-day return policy on your orders through the web shop as well as on the starter kit, but not on subsequent deliveries from the Loyalty Program. This means that if you change your mind or for any other reason you decide you do not want to keep a DanSmoke® product, you must notify us of your decision to cancel the order and you are entitled to a full refund of the purchase price of any unopened, saleable, and unused DanSmoke® products.
To be eligible for a refund you need to first contact our customer support and receive a RMA number for your package. Please do not forget that this has to be done within the 14 days return policy limit.
9. Guarantee, durability and warranty
We vouch for the quality of our products and offer the following guarantees on our products:
- Batteries are short-term consumer goods, regrettably with a relatively short lifespan. We recommend that new products be purchased on an ongoing basis for you to benefit the most from the e-cigarette. We offer a 30-day guarantee and warranty on all our batteries from the time you receive the product if the batteries are used, stored, and charged correctly with a DanSmoke® charger.
- All chargers are subject to a guarantee and warranty of 12 months if they are used and stored correctly.
- Filters and starting kits are consumer goods and not subject to our warranty or guarantee.
NB! Wear and tear and regular use of the products are not covered by guarantees or warranties.
The warranty is immediately void if our products are used with products from another distributor of electronic cigarettes, or if they are used contrary to their instructions or common sense.
IMPORTANT! Should you wish to return a product due to a defect or missing feature, you must immediately contact our Customer Service. Hereafter our Customer Service will evaluate the problem, confirm the shipping time and date for the product etc. You do not have to return the product to us until you are asked to do so. If you are asked to return you product you will be provided with a RMA code to be attached on the outside of the package, ensuring that your product reaches its destination.
If you send us a product without having received a valid RMA code to attach to the outside of the package, it will not be considered a valid use of warranty, and it will be rejected upon reception. It is solely your responsibility to ensure that returned packages reach our RMA staff in order for them to evaluate the quality of the product along with any possible defects before a valid use of warranty can be established.
We reserve the right to repair, exchange or refund any product.
10. Disclaimer
You hereby waive any rights to hold us accountable for any loss, damages, additional costs including, but not limited to, legal costs related to or incurred by using this website or the products advertised on it. You are hereby obligated to only using our products in a manner consistent with common sense as well as always in accordance with the supplied manuals and instructional guides.
All information on this website exists only with the purpose to inform and is based on subjective estimates and evaluations. You should not make decisions based solely on the information found on this website.
IMPORTANT! It is recommended that you always consult a qualified professional or your own doctor concerning any question about smoking including quitting smoking or changing smoking habits as well as questions about opinions and statements expressed on this website. Our products are not sold with the intent to heal, cure, or have any medicinal effect and should only be used by people who are already healthy. The consumption and use of certain products can be damaging in connection to alcohol abuse, severe obesity, pregnancy, or lifestyle diseases. Should you wish to use other substances or medicine together with our products, you should always consult your doctor before you start using the products.
IMPORTANT! As such you take sole responsibility for the use of our products. Our filters contain nicotine, propylene glycerol, water, and flavors approved for foods. Nicotine can be addictive and toxic if you ingest it. If in doubt whether your body can withstand nicotine, you should likewise consult your own doctor.
We are not responsible for an effect less significant than expected.
All our products should be stored safely, as far away from children and pets as possible etc.
11.Breaches of our terms and conditions
Should you breach our terms and conditions, we reserve the right to take the steps or actions we deem necessary, including legal suits or legal charges. We likewise reserve the right to suspend or terminate any agreement between you and us without notice if we suspect you of damaging our business or attempting to commit fraud etc.
12. Shipping and distribution
It is solely your responsibility to ensure that the purchased products reach you in a safe and timely manner in full compliance with current local law including toll rules in your country.We ship all orders from our European distribution centre in Stuttgart with Agility. Our partners send the packages to local postal services, after which we have no further options for tracking the packages until their final delivery to you.
NB! Should you unexpectedly not receive your starter pack within 10 days from your order date, you should contact our Customer Service immediately, after which they will examine your case further and attempt to resolve the situation. If we do not hear from you within 10 days from the time of shipping, we will always assume that you have received your shipment.
IMPORTANT! Delivery will take place as soon as the products have been transferred to shipment from our stock in Germany. At this point you are solely responsible for having received the product.
13. Payments
Your goods can be paid by credit card or any other payment method offered to you on our website. For our Loyalty Program customers we also offer the possibility to pay by invoice ( in Norway and Switzerland)
NOTE! Invoices are due to payment within 20 days after the invoice date. We therefore ask you to pay attention to the due date of each shipment, and pay within the agreed payment period.
IMPORTANT! In case of late payment, our financial partner automatically performs a reminder procedure, adding penalty interests according to the regulations of the debt collection act. Reminders will be imposed with a fee of up to £ 30 per reminder. Costs associated with the debt collection are imposed according to the applicable law. We cannot influence these processes as they happen automatically and without our control.
NOTE! We kindly urge you to immediately inform us in case any future (one off or recurring) payment can be expected to be blocked or delayed for technical or other reasons such as exceeded credit limits, cancellation, lost or theft of your credit card, changing bank (account), change of address or any other reason that may cause problems with the next payment. It is your duty to ensure swift and efficient communication and it is being strongly recommended to change your account details in your personal account page. Although we will do our best to reach out and connect with you in case of delayed, partial or non payment, we maintain the right to cancel further shipments as a result of such omission.
14. Freight charges
Shipping costs are always evident in the ordering process on the website or in the terms of ordering on the ordering or campaign pages. Shipping costs vary depending on volume, provenance and method.
15. Prices
Our prices are subject to errors and omissions in prices and product descriptions. Furthermore we take reservations to misprints and sold out products.
Unless otherwise stated, all prices are in £ and include VAT. Prices are subject to tax changes, price and proofreading errors etc.
16. Promotions
All promotions, discounts and coupon codes are subject to the following rules:
- Coupon codes can only be used once per person, and cannot be combined with other discounts or promotions – including free shipping unless otherwise stated.
- NOTE! Welcome offers and welcome packages can only be ordered once per person, and a maximum of two times per household.
- All types of marketing campaigns depend on the stock level.
- Offers are valid for 7 days only, unless otherwise stated.
- It is not possible to use a promotion, discount or coupon code after you have completed your web-shop order.
- We reserve the right to withdraw a promotion, discount or coupon code at any time without any further warning or information on this.
17. Valid order confirmation
After placing an order in our web shop, our software will automatically send you an email stating what products you have ordered.
NOTE! Please beware that the automatic reply is not a legal binding order confirmation, whereby an agreement is reached. It is simply an electronic acknowledgment that we have received your order. We reserve the right to modify or cancel the order due to misprints, technical problems, delivery failures or similar situations.
The final order confirmation will be enclosed in your delivery.
18. The Auto-ship
The welcome offer on the Loyalty Program is only available once per person, and maximum two times per household.
By signing up for the Auto-ship you enter into an agreement to automatically receive future shipments of our products at a greatly reduced price.
Starting kit
Your first shipment will arrive approx. 4-8 days after you’ve placed your order. It consists of a complete starter kit. You’ll receive this at a reduced price, compared to buying it in our web shop.
NOTE! If you want to keep and pay your starter kit, but do not want to continue your Loyalty Program subscription, you must cancel your subscription immediately through Customer account, or at least within 14 days from the date of dispatch. For security reasons, you cannot cancel your subscription by contacting Customer Service via email or telephone.
The cancellation of your Autoship orders must always be made according to the rules stated in these terms and conditions. After 14 days your right of withdrawal and valid termination of the Autoship agreement, can only be made after you’ve received the next subscription package.
Subscription package
Approximately 14-17 days after you’ve received your starter kit, your first delivery will arrive. You can always see your next delivery date in your personal account on our website. You are receiving the deliveries at a special price, compared to the prices in our web shop. There is no withdrawal of this order.
Termination of the Loyalty Program
There is no period of commitment for the Loyalty Program (Auto-ship).
NOTE! Termination of your Loyalty Program must be made before we ship your next delivery to be valid. Any cancellation must be made through your personal customer account. Make sure you receive the confirmation of cancelation before the following package has been dispatched. Please check also the spam folder, as sometimes email might be automatically delivered there. If you didn’t receive a confirmation email of your cancelation, please contact customer support for further guidance.
NOTE! Failure to pay or returning of the package without prior cancellation in the VIP Club will not be considered as a valid termination.
Cancellation can only be made in the VIP Club. For safety reasons we do not accept it by email or phone. When we have received your cancellation you will receive a confirmation via the e-mail, you provided when registering.
If you forgot your credentials for the customer account, please use the “Forgot my password” option on the website. You should find information regarding your username and password in the welcome email that you received when you registered to DanSmoke® website. Once you have completed your cancellation, you will receive a confirmation by email within 24 hours.
Put your Loyalty Program on hold
In the VIP Club you have the possibility to change your delivery frequency - speed up or delay your next delivery. Likewise, you can put your subscription on hold for up to 3 months. Your logins and subscription remain valid for the timeout period.
After 3 months your account will be automatically disabled, unless stated otherwise. We will send you a notification 10 days before. If we do not hear from you, we will continue with the procedure.
19. I didn't order (Harassment)
If you receive a shipment from us that you didn't order, it might be because someone is wrongfully using your identity, either to harass or harm you, harm us or to commit fraud. It may also be the case that another person in the household or a good friend or colleague illegally ordered the item to you in your name. This is not allowed, and is a violation of our terms and conditions.
Therefore, please contact our Customer Service immediately and let us guide you through the steps you have to take. We can also tell you which technical footprints we recorded during the ordering process.
IMPORTANT! You must immediately terminate any auto-ship agreement through your customer account.
20. Contact us
Our Customer Service is always ready to answer your questions or help you with any potential problems.