PLEASE READ THESE TERMS OF SALE CAREFULLY
BEFORE PLACING YOUR ORDER AND RETAIN A
COPY OF THESE TERMS AND YOUR ORDER FOR
FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied
by Mirage Tobacco, whose registered office is at 152
City roa, London, EC1V 2NX.
1.2 No contract exists between you and the Supplier
for the sale of any goods until the Supplier has
received and accepted your order and the Supplier
has received payment in full (in cleared funds). Once
the Supplier does so, there is a binding legal
contract between us.
1.3 By way of clarification, an acknowledgment of
your order will be sent to you via e-mail when you
place your order, but acceptance of your offer to buy
the goods will not take place until after your
payment is taken and you receive your acceptance
e-mail. It is at this point that a binding legal contract
is created and any contract is subject to these Terms
and Conditions.
1.4 The contract is subject to your right of
cancellation (see Section 7).
1.5 The Supplier may alter these terms of sale
without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods you order
will be as shown on the Supplier’s website at the
time you place your order.
2.2 The goods are subject to availability. If on
receipt of your order the goods you have ordered
are not available in stock, the Supplier will inform
you as soon as possible and refund or re-credit you
for any sum that have been paid by you or debited
from your credit/debit card for the goods.
2.3 Every effort is made to ensure that prices shown
on the Supplier’s website are accurate at the time
you place your order. If an error is found, the
Supplier will inform you as soon as possible and
offer you the option of reconfirming your order at
the correct price, or cancelling your order. If the
Supplier does not receive an order confirmation
within 14 days of informing you of the error, the
order will be cancelled automatically. If you cancel,
the Supplier will refund or re-credit you for any sum
that has been paid by you or debited from your
credit card for the goods.
2.4 In addition to the price, you may be required to
pay a delivery charge for the goods.
3. Payment
3.1 Payment for the goods and delivery charges can
be made by any method shown on our website at
the time you place your order. Payment shall be due
before the delivery date and time for payment shall
be of the essence.
3.2 There will be no delivery until cleared funds are
received.
3.3 Payments shall be made by you without any
deduction whether by way of set-off, counterclaim,
discount, abatement or otherwise unless you have a
valid court order requiring an amount equal to such
deduction to be paid by the Supplier to you.
3.4 If you are ordering from a NON UK Mainland
address, an additional charge will apply
3.5 We use Sage Pay to collect/process transaction
information, you can view the security policy at
http://www.sagepay.com/security_policy
4. Delivery
4.1 We are happy to ship to a different delivery
address providing the billing address details are
100% matched with what their payment card bank
provider provides us. If the payment card is part of
the 3D Secure system (Mastercard Securecode /
Verified by Visa) then this must also match the
details supplied by the bank correctly.
4.2 Orders placed before 2:00 pm on a working day
will be processed that day and will be delivered as
per the requested delivery option provided no
additional security checks are required and all stock
items are available. (A working day is any day other
than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for
reasons under the Supplier’s control the Supplier
will inform you as soon as possible and refund or recredit you for any sum that have been paid by you or
debited from your credit card for delivery.
4.4 If you deliberately fail to take delivery of the
goods (otherwise than by reason of circumstances
under control of the Supplier) then without
prejudice to any other right or remedy available to
the Supplier, the Supplier may:
4.4.1 store the goods until actual delivery and
charge you for reasonable costs (including
insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable
price and (after deducting all reasonable storage
and selling expenses) account to you for any excess
over the price you agreed to pay for the goods or
charge you for any shortfall below the price you
agreed to pay for the goods.
4.5 If you fail to take delivery because you have
cancelled your contract under the Distance Selling
Regulations the Supplier shall refund or re-credit
you within 30 days for any sum that has been paid
by you or debited from your credit card for the
goods, less any expenses incurred for failed delivery.
4.6 Every effort will be made to deliver the goods as
soon as possible after your order has been accepted.
However, the Supplier will not be liable for any loss
or damage suffered by you through reasonable or
unavoidable delay in delivery. In this case, the
Supplier will inform you as soon as possible.
4.7 Time for delivery shall not be of the essence. The
goods may be delivered by the Supplier in advance
of the quoted delivery date.
4.8 Upon receipt of your order you will be asked to
sign for the goods received in good condition. If you
are unable to check the contents of the package at
that moment in time please sign for the parcel as
“UNCHECKED”. Failure to do so may affect any
warranty claims that you make thereafter.
4.9 Please note, once goods are shipped, postage is
NON REFUNDABLE.
5. Risk/Title
5.1 The goods are at your risk from the time of
delivery
5.2 Ownership of the goods shall not pass to you
until the Supplier has received in full (in cash or
cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due
to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover
payment for the goods notwithstanding that
ownership of any of the goods has not passed from
the Supplier.
6. Title for Business Customers
6.1 If you are a business customer until ownership
of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier)
separately from all your other goods and goods of
any third party in such a way that they remain
readily identifiable as the Supplier’s property;
6.1.2 not destroy, deface or obscure any identifying
mark or packaging on or relating to the goods;
maintain the goods in satisfactory condition and
keep them insured on the Supplier’s behalf for their
full price against all risks to the reasonable
satisfaction of the Supplier.
6.1.3 hold the proceeds of the insurance referred to
in condition 6.1.2 on trust for the Supplier and not
mix them with any other money, nor pay the
proceeds into an overdrawn bank account.
6.2 If you are a business customer your right to
possession of the goods shall terminate immediately
if:
6.2.1 you have a bankruptcy order made against you
or make an arrangement or composition with your
creditors, or otherwise take the benefit of any
statutory provision for the time being in force for
the relief of insolvent debtors, or (being a body
corporate) convene a meeting of creditors (whether
formal or informal), or enter into liquidation
(whether voluntary or compulsory) except a solvent
voluntary liquidation for the purpose only of
reconstruction or amalgamation, or have a receiver
and/or manager, administrator or administrative
receiver appointed of its undertaking or any part
thereof, or a resolution is passed or a petition
presented to any court for your winding up or for
the granting of an administration order in respect of
you, or any proceedings are commenced relating to
your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether
legal or equitable, to be levied on your property or
obtained against you or you are unable to pay your
debts within the meaning of section 123 of the
Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the
goods.
7. Your right of cancellation
7.1 You have the right to cancel the contract at any
time up to the end of 7 working days after you
receive the goods (see below).
7.2 To exercise your right of cancellation, you must
give written notice to the Supplier by letter or via
the Returns on Line section of our website, giving
details of the goods ordered and (where
appropriate) their delivery. Notification by phone is
not sufficient.
7.3 If you exercise your right of cancellation after
the goods have been delivered to you, you will be
responsible for returning the goods to the Supplier
at your own cost. The goods must be returned to the
address shown below. You must take reasonable
care to ensure the goods are not damaged in the
meantime or in transit.
7.4 Once you have notified the Supplier that you are
cancelling the contract, the Supplier will refund or
re-credit you within 30 days for any sum that has
been paid by you or debited from your credit card
for the goods.
7.5 If you do not return the goods as required, the
Supplier may charge you a sum not exceeding the
direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract
if the order is for Molasses which has been unsealed
by you, or for consumable goods which, by their
nature, cannot be returned.
8. Warranty
8.1 All goods supplied by the Supplier are warranted
free from defects for 12 months from the date of
invoice (unless otherwise stated). This warranty
does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the
goods arising from fair wear and tear, wilful
damage, accident, negligence by you or any third
party, use other than as recommended by the
Supplier, failure to follow the Supplier’s
instructions, or any alteration or repair carried out
without the Supplier’s approval.
8.3 If the goods supplied to you are damaged on
delivery, you should notify the Supplier in writing
via the e-mail address or fax number shown below
within 7 days.
8.4 If the goods supplied to you develop a defect
while under warranty or you have any other
complaint about the goods, you should notify the
Supplier in writing via the e-mail address or fax
number shown below, as soon as possible, but in
any event within 7 days of the date you discovered
or ought to have discovered the damage, defect or
complaint.
9. Limitation of Liability
9.1 the Supplier’s total liability in contract, tort
(including negligence or breach of statutory duty),
misrepresentation, restitution or otherwise, arising
in connection with the performance or
contemplated performance of this agreement shall
be limited to the price paid for the goods.
9.2 Nothing in these conditions excludes or limits
the liability of the Supplier for death or personal
injury caused by the Supplier’s negligence or
fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall
not be liable to you for any indirect or consequential
loss or damage (whether for loss of profit, loss of
business, depletion of goodwill or otherwise), costs,
expenses or other claims for consequential
compensation whatsoever (howsoever caused)
which arise out of or in connection with this
agreement.
10. Data Protection
The Supplier will take all reasonable precautions to
keep the details of your order and payment secure
but unless the Supplier is negligent, the Supplier will
not be liable for unauthorised access to information
supplied by you.
11. Applicable Law
These terms of sale and the supply of the goods will
be subject to English law and the English courts will
have jurisdiction in respect of any dispute arising
from the contract.
12. Images
Product images are for illustrative purposes only.
13. Registration
13.1 To register with Mirage Tobacco you MUST be
(18) eighteen years of age or over.
13.2 Each registration is for a single user only. We
do not permit you to share your user name and
password with any other person nor with multiple
users on a network.
13.3 Responsibility for the security of any
passwords issued rests with you and if you know or
suspect that someone else knows your password,
you should contact us immediately.
13.4 We may suspend or cancel your registration
immediately at our reasonable discretion or if you
breach any of your obligations under these terms
and conditions.
Name & Registered Office: