TERMS AND CONDITIONS

OVERVIEW

 

This website is operated by Rytrovape. Throughout the site, the terms “we”, “us” and “our” refer to Rytrovape. Rytrovape offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Ryprotech (Pty) Ltd. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“customer”, “user”, “you” or “your”) and every person using this website is deemed to have accepted these Terms and Conditions. By using the Website and by ordering any Goods from the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

 

 

CONSUMER PROTECTION ACT

 

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

It is important that you the customer understands exactly what you are buying and what the terms and conditions in respect of the transaction are.  These Terms and Conditions are written in plain and understandable language. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to request from us to explain it to you before you accept the Terms and Conditions or to continue using the Website.

Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Rytrovape in terms of the CPA.

 

 

 

ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of 18 years or older and you have given us your consent to allow any of your minor dependents to use this site.

Rytrovape reserves the right to not sell or distribute our products to any person under the age of 18 years of age. We shall not be liable to you or to any third-party claims due to sales or purchases conducted outside of the Rytrovape Services. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen), you are not legally permitted to view the content of this website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in South Africa (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your services and/or account.

An order is placed as follows:

Order is placed on the website by:Customer chooses the product and adds to cart.

Customer selects to check out.

Customer creates account and verifies details.

Customer accepts terms and conditions.

This is proceeded by an email notification that an order has been placed and an invoice for good selected is provided.

A final stock check is performed and the customer is notified if there are any discrepancies with the order.

A reminder for payment is then sent whereby the customer is encouraged to make payment.

The customer is then contacted to arrange delivery and the process is complete.

An order made through the consulting services whereby alternative invoices are issued by representatives of Rytrovape.

 

 

GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

We ship country wide (South Africa). If you place an order outside the borders of South Africa, your order will be cancelled by the next business day.

You understand that your account content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

 

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

All information is retained and protected according to strict Protection of Personal Information Act (POPI) requirements.

 

 

 

MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

 

ERRORS

 

Rytrovape shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. If any patent or latent errors occur in this respect, Rytrovape will not be held liable for any loss, claim or expense relating to a transaction based on any such error

 

 

 

PRODUCTS OR SERVICES (if applicable)

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. Not all items placed in product images are sold concurrently with the item purchased. Items may be displayed with additional products for visual appeal. Items purchased will be bound by description, product volumes, and product codes and invoices will be issued as per your selection of goods. Payments received for invoices verifies your purchase and items will be delivered voetstoets as per order.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

 

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, distributors or resellers.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

 

 

OPTIONAL TOOLS / PRODUCTS

 

We may provide you with access to third-party tools / products over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools / products ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools / products.

Any use by you of optional tools / products offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools / products and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

 

 

THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

 

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

 

 

PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

 

 

ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. All products and services aim to be in line with The Consumer Protection Act 68 of 2008.

 

 

 

PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, provincial regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

 

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Rytrovape, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some laws in South Africa do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such cases, our liability shall be limited to the maximum extent permitted by law.

 

 

 

INDEMNIFICATION AND LIMITATION OF LIABILITY.

 

You agree to indemnify, defend and hold harmless Rytrovape and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Rytrovape will not be held responsible for data loss of any nature or form whatsoever.

It is the responsibility of the customer to ensure that use of any product of Rytrovape in whatsoever nature is done so as per instructed and kept safely prior to handling the goods in to us and that Rytrovape / the supplier / the manufacturer will not be responsible for or liable for any loss of whatsoever nature.

Rytrovape will not be held liable or responsible for any virus infestation, malware, trojans, adware, or any other software, whether threatened or real that occurs during use of our site.

As per strict product instructions and warnings, after the goods has been removed from its original packaging, Rytrovape may not be held liable for any loss or damage caused during use of the product.

In agreeing with these terms and conditions, the customer herby accepts the responsibility of the for mentioned points.

 

 

 

SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 

 

TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

 

 

ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

 

 

GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

 

 

 

CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

 

SHIPPING AND RETURNS

Rytrovape utilises third-party delivery services at a flat rate of R100.00 per delivery.

Purchases over R1000.00 in value will warrant a free shipping delivery.

Rytrovape will deliver the Goods to the Customer via courier fee if such delivery is to be made in South Africa.

If the Goods are not delivered at the specified place or on the specified date, the Customer may in terms of s 19 of Act 68 of 2008:

1- accept the delivery; or

2 -ask for delivery at the agreed delivery place, date and time, if:

1 - that date and time has not yet passed; or

2 - cancel the Agreement without penalty, and treat any delivered goods or as unsolicited    goods.

Rytrovape will use its utmost endeavours to deliver the Goods as soon as reasonably possible, but no later than 10 (ten) days of receipt of your payment (“Delivery Period”). Should any circumstance arise which may delay the delivery of the Goods beyond ten days, the Customer may elect to cancel the order by giving Rytrovape written notice of such cancellation.  If the Customer elects to cancel the order, Rytrovape will reimburse the Customer for the purchase price.

Rytrovape can presume that the Goods have been delivered to the Customer if:

1- the Customer has accepted delivery of the Goods; or

2- the Goods have been delivered to the Customer, and

3 - the Customer does anything in relation to the Goods that would be inconsistent with Rytrovape’s ownership of them; or

4 - after the lapse of a reasonable time the Customer keeps the Goods without telling Rytrovape that he or she has rejected delivery.

Rytrovape is hereby indemnified against any loss or damage the Customer may suffer as a result of late or non- delivery of Goods.

Rytrovape reserves the right to refuse delivery until the payment for the goods has been received and verified.

The customer shall be obliged to inspect all goods upon delivery and shall endorse the delivery note as to any missing or damaged goods. No claims for missing or damaged goods shall be valid unless the delivery note has been endorsed as aforsaid and unless, in addition, the dealer notifies Rytrovape in writing within 3 business days of delivery of goods. The consumer shall bear the onus of proving that upon delivery any goods are missing or damaged or that the customer's order in any way not complied with.

The customer shall be obliged to furnish information necessary to enable deliver, failure to do so or refusing to do so, or if it fails or refuses to take delivery, the goods shall be deemed to have been delivered to the customer upon notification.

 

It is the responsibility of the customer, have defective goods returned to Rytrovape's premises to qualify for refunds.

If you wish to return an unopened, NON-defective good for a refund, you may only do so within 7 working days of delivery as per the CPA requirements. Should an unopened good wish to be returned, a 15% handling fee will be charged and the product will have to pass the packaging inspection and warranty void situations.

If the product fails this inspection a credit will not be issued.

Rytrovape reserves the right to charge a reasonable fee for the costs or any losses occasioned by the return of goods.

It is recommended that you return the goods to Rytrovape exactly as you received it.

All goods must be returned with complete sets of accessories and warrentee information.

If the goods do not meet the above mentioned requirements, Rytrovape reserves the right to either:

  1. Scrap the packaging and charge for the repacking of the goods.
  2. Return the item to the customer at their cost.

Rytrovape will not accept returns of e-liquid as per the terms outlined below.

 

 

 

E-LIQUID

 

Rytrovape will not accept any returns on e-liquid if it does not meet your personal flavour expectation, please understand that taste is a very subjective sense that will vary from person to person. Due to strict Quality Control guidelines, returned e-liquid cannot be re-used for any purpose. Rytrovape reserves the right not to accept any e-liquid returns due to the nature of the product, for security and quality control purposes.

 

 

 

WARNING

 

This product is not intended for use by persons under legal smoking age, nonsmokers, women who are pregnant or breastfeeding, or persons with or at risk of heart disease, high blood pressure, diabetes, or taking medicine for depression or asthma. This product contains nicotine. If you are allergic to nicotine, propylene glycol, vegetable glycerin, artificial and natural flavorings or any combination of inhalants, if you are pregnant or breast-feeding, or if you have a heart condition, diabetes, high blood pressure or asthma, consult your physician before using any Rytrovape products. Discontinue use and consult a physician if you experience nicotine misuse symptoms such as nausea, vomiting, dizziness, diarrhea, weakness and rapid heartbeat. Our products may contain traces of nuts and if you are allergic to nuts, do not use our products. Our products do not treat, diagnose, or cure any disease, physical ailment, or condition. Keep out of the reach of children and pets as ingestion of certain pieces can present a choking hazard. Our products are not to be sold or used by persons under the age of 18 years.