Terms & conditions
Terms of Sale
By placing an order with The Fog Shop Limited (The Fog Shop / the Company), either via telephone, in writing or online, the Customer confirms they have read, understood and accepted the terms as set out in this document and the Contract between the Company and the Customer is in effect.
On placing and paying for an order, the Customer will receive an order confirmation sent to the email address provided when placing their order. The Fog Shop will dispatch the order within the time frame detailed in Delivery Information and confirmation of dispatch will be sent to the same email address. The Contract is fulfilled by The Fog Shop when the order is dispatched.
Age of Consent
The Fog Shop only sells its products to Customers over the age of 18 years old.
By placing an order with The Fog Shop the Customer is confirming they are aged 18 years or older. The Fog Shop may check and verify a Customer’s age by using a third party age verification service (for example Experian) and has the right to cancel the order immediately should it suspect the Customer does not meet its minimum age requirements. The Company will provide evidence of this search if required.
Should a Customer falsely declare their age, the Customer will be liable to pay all costs such as fines and penalties issued to the Company as a result of their false declaration.
Before placing an order with The Fog Shop, the Customer should ensure:
- All personal, contact, billing and delivery information is accurate.
- That the product will not be used by a person under the age of 18 years.
- That the product will be used in the way they are intended and instructions will be followed carefully.
- That the product is not received by someone who could be harmed or suffer an allergic reaction to their purchase.
- They have read and understood the Company’s Delivery Information and Returns Policy.
Product images & descriptions
Occasionally a product image or description may not be exactly the same as the product dispatched by the Company should there have been a recent change by the manufacturer.
The Fog Shop aims to provide a true image and description of all products on its website but cannot be held responsible for colour or design accuracy as there may be slight variations due to manufacturer alterations.
In the unlikely event of a product not being available to meet a customer’s delivery requirements, the customer will be contacted and offered a similar product in its place or an alternative delivery date. The customer is under no obligation to accept this offer and may cancel the order and receive a full refund should they wish.
The Fog Shop takes extreme care to check all products prior to dispatch, but should a customer believe there is a fault or safety issue with the product they have purchased, they should not attempt to use the item and instead should contact the Company immediately via Contact Us to discuss.
It is essential all product instructions are read and followed with care. If a Customer is unsure how to use their product they should Contact Us prior to use as The Fog Shop cannot be held liable for mis-used items or accept returns broken due to incorrect use.
The Fog Shop uses PayPal as its secure payment gateway. Payment can be made using a PayPal account or debit or credit card.
Currency & VAT
All our prices are in British Pound Sterling with VAT included in the product description prices at the standard rate (currently 20%).
Issues & Complaints
We hope you are happy with our service and your order but please Contact Us immediately with any issues you may have about The Fog Shop, its website, products or service and we will strive to respond within 24 hours to discuss any issues.
Our returns policy lasts for 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging, including any outer sleeve as these contain the product serial numbers and we cannot accept any products back without this.
Please contact us first regards any product you wish to return. Once discussed, and a return agreed, please send it to us with the goods you are returning. We recommend you use a signed for service to ensure the goods are received back safely. Please do not send your purchase back to the manufacturer.
Several types of goods are exempt from being returned due to hygiene and health & safety reasons; Opened e-liquids, drip tips (mouthpieces), opened coils, atomizers, nicotine, glass, tanks, coils or vaping kits which have been filled with liquid or used.
There are also certain situations where only partial refunds are granted: any product otherwise working but with obvious signs of use or wear and tear. Any item not in its original condition, that is damaged or missing parts for reasons not due to our error. Any item that is returned more than 30 days after delivery.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. Once your return is received and inspected and assuming everything is in order, we will refund the product value excluding any postage charges originally paid, back to the payment method originally used. Please allow a few days for the funds to be received back into your account.
It’s bad enough that your product develops a fault, so we try to make our returns or repair service as painless as possible.
If the fault occurs within 30 days of delivery we will always offer you either a repair, exchange or refund. In all cases we reserve the right to inspect the product and verify the fault. We do not cover faults caused by accident, neglect, misuse or normal wear and tear.
Please Note: Most manufacturers need the serial number that is usually found on the packaging, please keep all original packaging for the life span of your product.
The Fog Shop will not pass on any personal customer information or contact details to third parties.
Should you receive a newsletter from us updating you on new products or special offers, there will be an unsubscribe option for you to select or please feel free to contact us to let us know you no longer wish to receive this information.
Under no circumstances may The Fog Shop’s website or images be reproduced or copied in any form without written consent from The Fog Shop.
The Fog Shop is registered in England & Wales no. 11078302, VAT no GB 294304205.
Validity of Terms & Conditions
The Fog Shop reserves the right to amend these terms and conditions as deemed appropriate. Customers are advised to ensure they have read the most recent terms when making their purchase.
Each area of this document operates independently. If the Contract is terminated or cancelled due to one part, the other parts of these Terms & Conditions will continue to be in effect.
”Goods” means any goods you purchase under these Conditions;
”Personal Information” means the details provided by you to us;
“Services” means any services you order or otherwise purchase under these Conditions;
“Us/our/we” means The Fog Shop Ltd, a company registered in England and Wales under the number 11078302 with registered office located at 84 Bardfield Way, Rayleigh, Essex, SS69SJ.
“Website” refers to any part of www.thefogshop.co.uk
“You/Your” means the person ordering or otherwise purchasing the Goods
- Rights and Obligations
1.1. You undertake:
1.1.1. to pay any amounts due to us in a timely manner;
1.1.2. that the Personal Information you provide is true, accurate, current and complete in all respects;
1.1.3. to notify us immediately of any changes to the Personal Information using the contact details in Clause 5.4;
1.1.4. not to impersonate any other person or entity or to use a false name;
1.1.5. to ensure the goods purchased are being used by persons over the age of 18.
1.2. We reserve the right to modify the price or withdraw, temporarily or permanently, some or all of the Goods available. We also reserve the right to change or add to these Conditions from time to time.
1.3. Unless you have placed an order for any Goods, by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
1.4. From time to time we may also have to make changes in the specification of any Goods:
1.4.1. to make it conform with any applicable safety or other statutory requirements; or
1.4.2. to make it reflect changes in the manufacturer’s specification,
but we will endeavor to ensure that such changes do not reduce the quality or performance of such Goods. Where you have placed an order for the affected Goods and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.
1.5.1. You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
1.5.2. We shall not withdraw or modify to your substantial detriment any of the Goods for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control.
1.6 Estimated time frames for delivery of Goods are estimates only and delays may arise due to matters outside of our reasonable control.
2.1. Goods are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us and those who are residents of Europe and the US. All products on our website are restricted to individuals over the age of 18 only. Any order that is found to be placed by someone underage will be cancelled with immediate effect.
2.2. When requested by us, you must provide your name, phone number, address, payment details and other requested information.
2.3. Each order placed by you will be treated as an offer to purchase the Goods to which your order relates. The contract will only be completed when we dispatch the Goods or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.
2.4. You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
2.5. We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. You also acknowledge that we have the right to cancel any order before it has been dispatched when we have reason to believe that an error has occurred. Where this happens, we will attempt to contact you. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods for profit.
- Price and Payment
3.1. The price of the Goods shall be the price of which we inform you prior to accepting your order. Prices include VAT at current rates (excluding VAT for wholesale customers).
3.2. If you fail to make any payment when due then, without prejudice to any other right or remedy we may have, we may:
3.2.1. where you have ordered Goods, cancel your order; and/or
3.2.2. in any event, charge you interest (before and after any judgment) on the amount unpaid, at the rate of 2% per calendar month, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
3.3. You confirm that any payment method you use is yours.
3.4. Payment methods are subject to validation checks and authorisation and we will not be liable for any delay or non-delivery caused by failure of such checks or authorisation.
3.5. Once your Goods have been collected and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.
3.6. Irrespective of your receipt of the Goods, the passing of risk or any other provision of these conditions, ownership shall not pass to you until we have payment in full for the Goods.
3.7. Until such time as the ownership passes to you, you shall hold the Goods on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Goods to us.
- Cancellation, Returns and Exchanges
4.1. Without prejudice to our rights under Clause 1 above, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 7 days’ written notice.
4.2. In certain situations, we may be prepared to give you a refund or exchange for Goods if you change your mind. For details on our Returns and Exchange Policy please visit here. Consumers should be aware that if they wish to exercise their right to cancel an order that has already been dispatched, within 7 working days, that they will not receive a refund on the postage following any return of items.
4.3. Goods ordered online or over the phone only
4.3.1. Consumers ordering Goods at a distance (such as via telephone or online) have certain cancellation rights under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Consumers should be aware that certain products that are deemed as perishable items are not covered.
4.3.2. You may cancel any order for Goods other than time-critical or perishable items or anything that is without its original packaging within 14 days from the day after receiving your Goods without liability to us.
4.3.3. You may cancel your order by contacting us here
4.3.4. If you cancel an order for Goods, they must be returned to us within a reasonable period, complete (with any accessories, leads or other items provided with the Goods) and undamaged, with proof of purchase. If you fail to return the Goods in this manner, we may charge you the costs we incur in recovering the Goods from you (which may be substantial) or the stand alone retail value of any missing or damaged items.
4.3.5. Unless collection of the Goods has been arranged, you must return the Goods by sending them to 84 Bardfield Way, Rayleigh, Essex, SS69SJ in all occasions at a cost to yourself. It is your responsibility to ensure that the Goods are received by us and we recommend using Special Delivery or Signed For services where appropriate.
4.3.6. Where we have agreed to collect the Goods from you, you must ensure that they are available for collection at the time arranged.
4.3.7. You shall be under a duty to take reasonable care of the Goods until received or collected by us and it is your responsibility to ensure that the Goods are not damaged whilst in transit using transport arranged by you.
4.3.8. You are entitled to examine any Goods ordered as you would in a shop. However, if you use the Goods, you may lose your right to cancel your purchase. We reserve the right to charge you for the value of any Goods returned which have been used or damaged whilst in your possession, up to the full cost price of the Goods.
4.3.9. If you cancel your order in accordance with the provisions of this Clause we will refund any sums paid by you in relation to your order (less our costs if we have to recover any Goods from you) within 30 days.
- Your Personal Information
5.1. We need to collect certain Personal Information to provide you with the Goods and/or Services.
5.3. You will have the opportunity to consent to us contacting you by email, phone or SMS about products and services which The Fog Shop believe may be of interest to you. You can make changes to your marketing preferences at any time by unsubscribing using the link available in any email we send to you or your account dashboard under “Subscriptions”. Please note that it may take up to 24 hours for such changes to take effect.
5.4. You will have the option in your account dashboard to delete your account with Evolution Vaping. This will not delete any orders you have placed but disassociate them from your account.
5.5. You are entitled to request a physical copy of any records we hold for yourself. To have this arranged contact us via Email.
- Limitation of Liability
7.1. We will not be liable for any loss or damage caused by us in circumstances where:
7.1.1. there is no breach of a legal duty of care owed to you by us; and/or
7.1.2. such loss or damage is not reasonably foreseeable.
7.2. We will not be liable any loss or damage caused wholly or mainly by your breach of these Conditions.
7.3. Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.
7.4. Nothing in these Conditions shall:
7.4.1. exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or
7.4.2. limit your rights as a consumer under applicable UK law.
7.5. All Services are provided on a commercially reasonable basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.
7.6. The Goods, where new, are sold with the benefit of and subject to the terms set out in any warranty or guarantee given by the manufacturer of the Goods. This is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to the legally required standard.
7.7. Each provision of this Clause 7 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
8.1. Third Parties: Nobody but you and us can benefit from these Conditions under the Contracts (Rights of Third Parties) Act 1999.
8.2. Assignment: You may not but we may, assign, charge or otherwise dispose of our rights under these Conditions. Any attempt by you to do so shall be void.
8.3. Governing Law: These Conditions will be governed by English Law and if you are not happy with how we deal with any disagreement and want to take bring court proceedings, you must do so within the UK.
8.4. Each Clause of these Conditions operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after our agreement has been terminated or cancelled.
- Handling Complaints and Sending Notices
9.1. If you wish to make a complaint you may do so in the following way:
9.1.1. by calling 07852 446 840
9.1.2 by emailing us here
- Age of Consent
You may only purchase Products from our site if you are at least 18 years old. You will be asked to declare that you are of the appropriate legal age to purchase the Products when placing an order and we may carry out independent verification to check your age and if we discover that you are not legally entitled to order the Products, we shall be entitled to cancel the order immediately, without notice. If you falsely declare your age to us you shall be held responsible for all costs, expenses, losses, damage fines and other penalties that we may suffer or incur as a consequence of your false statement.
By ordering Products from this website, you hereby consent to us undertaking a search with Experian (or any other 3rd party age verification service) for the purposes of verifying your identity. To do so Experian (or any other 3rd party age verification service) may check the details you supply against any particulars on any database (public or otherwise to which they have access. They may also use your details in the future to assist other companies for verification purposes. A record of the search will be retained.