Terms and Conditions
Supplier is any person engaged in the business of making a consumer product directly or indirectly available to consumers.
Consumer a buyer of goods for personal use. A buyer of consumer goods for resale is not a consumer.
Contract means the contract between the Supplier and the Consumer for the sale and purchase of Goods incorporating these Terms and Conditions.
Goods means the articles that the Consumer agrees to buy from the Supplier.
Totally Wicked E-Liquid (USA) Inc., 2057 60th Place East, Bradenton, Florida 34203 .
Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier.
Nothing in these Terms and Conditions shall affect the statutory rights of the Consumer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Consumers acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier. Any complaints should be addressed to the Supplier's address at
Totally Wicked E-Liquid (USA) Inc., 2057 60th Place East, Bradenton, Florida 34203
All orders for Goods shall be deemed to be an offer by the Consumer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
Where the Goods ordered by the Consumer are not available from stock the Consumer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
When making an order through the Website, the technical steps the Consumer needs to take to complete the order process are described in the Order Process Section.
Age of Consent
Where Goods may only be purchased by persons of a certain age the Purchaser will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
If the Supplier discovers that the Consumer is not legally entitled to order certain Goods, the Supplier shall be entitled to cancel the order immediately, without notice.
Price and Payment
The price of the Goods shall be that which is stipulated on the Website. The price is inclusive or exclusive of State Tax. The price includes delivery charges as listed separately.
The total purchase price, including State Tax and delivery charges, if any, will be displayed in the Consumer's shopping cart prior to confirming the order.
After the order is received the Supplier shall confirm by email the details, description and price for the Goods.
Payment of the price plus State Tax and delivery charges must be made in full before dispatch of the Goods.
Goods will be delivered by whichever Carrier we deem necessary. Our carrier of choice is USPS but orders of a higher denominational value (currently $150) will, at our discression be shipped UPS Ground. Please feel free to add a notation to your order if you prefer we ship USPS.
Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Consumer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Consumer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the Consumers address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. If payment is made by Paypal we reserve the right to ship to the address held by Paypal or ask for the address amendment to be made on the Paypal account.
Title and risk in the Goods shall pass to the Consumer upon delivery of the Goods.
Right of Supplier
The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Consumer places an order.
The Supplier reserves the right to withdraw any goods from the Website at any time.
The Supplier shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
Cancellation and Return
The Consumer shall inspect the Goods immediately upon receipt and shall notify the Supplier within 7 working days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Consumer fails to do so the Consumer shall be deemed to have accepted the Goods. As the product is an oral product once used it cannot be returned, unless faulty. Orders can be cancelled anytime prior to shipping. Once shipped if returned unopened the Consumer will be responsible for both the outbound and return shipping costs plus any restocking fee deemed necessary, upto a maximum of 10% of the purchase price.
All kits come with a 28-day parts warranty from date of receipt. Consumers should be aware that our electronic cigarette atomizers and batteries, although made to the highest quality, may fail or degrade over a period of time. (An electronic cigarette atomizer's natural lifespan is around 14-60 days and an electronic cigarette battery's expected lifespan is 2-3 months). This is not a guarantee that the Consumer will "like" the Electronic Cigarette, simply that it will function as described within the specified timeframe.
Batteries and Atomizers purchased as "singles" i.e. not as part of a multi-pack are also covered by a 28 day warranty period from date of receipt. (This warranty does not cover Low Resistance Atomizers, Clearomizers, Cartomizers and Smoky-Clearomizers). Each page details the warranty information of the specific product and we recommend that you read this before choosing to purchase.
Any replacement parts are warrantied from the date of delivery of the original order.
Limitation of liability
Should there be any breach of these Terms and Conditions by the Supplier the remedies of the Consumer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
Totally Wicked reserves the right to edit or delete any content posted on any part of Totally Wicked's website at any time by customers or third parties, including, but not limited to, the "Guestbook" and "Forum" sections of the website. Statements that reasonably may be interpreted to make therapeutic or "smoking cessation" and similar claims regarding the use of TWI's products, or electronic cigarettes generally, are prohibited and will be subject to editing and/or removal from the website. Examples of such statements include statements that electronic cigarettes have helped an individual "quit" smoking traditional cigarettes, have helped reduce nicotine cravings or withdrawal symptoms, or have proven a successful alternative to approved smoking cessation drugs, such as nicotine patches or gums.
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
Changes To Terms
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Consumer upon making a purchase.