We are Vape Machine (Pty) Ltd., this is our website available at https://vapemachine.co.za and these are our legal terms, including our
- Terms of sale – which you agree to by checking a checkbox when you place an order through this website; and
We may change any of these terms at any time by updating this web page.
If you have any questions about our legal terms, please contact us.
Vape Machine is an online retailer and does not have a physical retail store. Parcels will be couriered to your door (to the address you supplied) by your selected courier (cannot be delivered to P.O. Boxes). If you are not available at the time of delivery, the parcel will be left with someone at the property who will be required to sign the delivery receipt e.g. family member, staff etc.
A working phone number MUST be included on checkout to schedule a delivery date and time.
All orders shipped with UAfrica. All orders can take up to 3 business days to process, regardless of the shipping option selected at checkout.
We encourage all customers to thoroughly review their shipping and billing information prior to checking out to ensure any possible delays are avoided.
Delivery Time Frames and Charges
Couriers operate Monday to Friday from 8 am to 5 pm.
Delivery costs will be determined by your location in South Africa
Kindly note that we currently only ship within SA, for deliveries outside of South Africa, courier and collection must be arranged directly by the customer.
Delivery time frames are as follow:
- Central Cape Town and surrounds 1 to 2 working days
- National (all major cities) 2 to 3 working days
- Regional (all other areas) 2 to 4 working days
- Licence. We grant you a limited licence to use this website.
- Breach. We may cancel your licence if you breach any of these terms.
- Framing. You may not frame this website.
- Capacity. You agree to the terms on the basis that you have the capacity to visit this website.
- Accurate information. You promise that you will give this website only accurate information.
- Ownership. We or our third-party licensors own all rights in this website.
- Trademarks. All our trademarks are our property and you may not use them without our permission. All other trademarks are their respective owners’ property.
- Restrictions. You may not change, hire out, reverse engineer, or copy this website without our permission.
- Own risk. You use this website at your own risk and we make no warranties about it.
- Indemnity. You indemnify us against any liability related to your use of this website.
- Direct damages limited. Our maximum liability to you for all claims for direct damages related to this website is R100.
- Indirect damages. We will never be responsible for any indirect damages.
- Introduction. These terms cover any transactions where we provide goods to you through this website.
- The parties. We are the vendor under these terms. You are the customer under these terms.
- Duration. These terms commence when you accept them and continue until terminated.
- Orders. You place orders with us on the following basis:
- you promise that you have the legal capacity to enter into the transaction;
- we only conclude an agreement when we dispatch our goods to you;
- we may cancel any order, but we will refund any money you have paid if we do;
- we conclude an agreement where you are domiciled; and
- each order is a separate agreement, but you breach all of them if you breach one.
- Goods. We sell the goods to you on the following basis:
- you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
- we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timeously;
- risks related to the goods pass to you on delivery;
- ownership in the goods passes to you on payment of the fees in full; and
- you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
- Your data. You own all your data. When you enter your data into the system, you give us a licence to use it to provide the goods. We are not responsible for any of your data stored on our system.
- Intellectual property. We own intellectual property rights in our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
- Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
- Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
- Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.
- Indirect damages excluded. We are not liable for any other losses that they may cause you.
- Breach. Please don’t breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.
- Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to, we will give you as much notice as possible in writing.
- Resolving disputes. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally, go to arbitration if mediation fails.
- Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others’ email addresses and choose their respective street addresses as their service addresses for all legal documents, but they may change either address on 14 calendar days written notice to the other.
- Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
- Entire agreement. The agreement is the entire agreement between the parties on the subject.
- Changes. If we change this agreement by updating this web page, any changes will only apply to future orders.
- Governing law. South African law governs this agreement.
- Jurisdiction. You consent to the jurisdiction of the Magistrate’s Court.
Last updated: February 05, 2021
Interpretation and Definitions
The words of which the initial letter is capitalizedhave meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Vape Machine (Pty) Ltd
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Yourbrowsing history on that website among its many uses.
Country refers to: South Africa
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Vape Machine , accessible from www.vapemachine.co.za You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual isaccessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages,unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use,unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grantus access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
Tracking Technologies and Cookies
- Flash Cookies.Certain features of our Service may use local stored objects (or Flash cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at
https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_W here_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_ ● Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Cookies: What Do They Do?.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features.They help to authenticate users and prevent fraudulent use of user accounts.Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personalexperience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service. To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract:the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobileapplication’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information. To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern oras part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers:We may share Your personal information with Service Providers to monitor and analyze the use of our Service, tocontact You.
- For business transfers:We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business toanother company.
- With business partners:We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users:when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other usersor register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Youractivity. Similarly, other users will be able to view descriptions of Your activity, communicatewith You and view Your profile.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, exceptwhen this data is used to strengthen the security or to improve the functionality of Our Service,or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service● Protect the personal safety of Users of the Serviceor the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronicstorage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collectedPersonal Data from anyone under the age of 13 without verification of parental consent,We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis forprocessing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By email: firstname.lastname@example.org
We warranty DEVICES ONLY for a period of 90 Days from Date of Purchase (Devices – MOD only)
• We do NOT WARRANTY ATOMIZERS, COILS, E-JUICE OR ACCESSORIES
• Our warranty on Device/MOD only covers factory or out of box failure, meaning only when we can confirm it is a manufacturing fault for example a faulty chip
• We have the option to Replace MOD ONLY
• We ONLY accept devices requested for Warranty if APPROVED from your ONLINE REQUEST
• It is the customer’s responsibility to get the product/s back to us after approved, you will be liable for the courier or delivery cost
• We will ONLY credit or replace a device once we confirmed on the VIDEO ONLINE:
1. Manufacturing Fault Determined
2. NO PHYSICAL or WATER DAMAGE
3. Not purchased longer ago than 3 Months
4. The product was purchased from us
• We have the right to reject your Warranty request based on the above conditions.
• By “CONFIRMING ORDER” online, you agree to the above POLICY.
Full copyright belongs to its rightful owner.