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Terms and Conditions

Published 24/05/2024, effective from 16/05/2024, version: 2.0

Before You: (i) use the Website; (ii) order any Products through the Website, (iii) use services provided by Freesmo (including but not limited to Support Services (as defined below) please read these Terms and Conditions carefully. Please note that these Terms and Conditions may be amended from time to time at Our sole discretion. Any changes will be effective immediately on posting to the Website. You should review these Terms and Conditions regularly to ensure You understand the terms that apply when you use the Website. We will try to give You reasonable notice of any major changes to these Terms and Conditions before they become effective. Your continued use of the Website following any modifications will signify your acceptance of the revised Terms and Conditions. If you do not agree to any changes you should stop using the Website immediately.

Please note that We do not operate as a traditional e-shop where You can choose from thousands of products. Instead, You will be presented with a targeted offer of only a few Products based on the Freesmo Recommendation Model. All Product pictures on the Website are illustrative only and there may be minor variances between the Product pictures on the Website and the Products themselves (however the Products will always match the description provided).

1. Definitions

  • Support Services
    Customer support services provided by Freesmo to individuals who have purchased Products from the Website, including but not limited to provision of a 'Smokefree Leaflet' and support/resource provided via email or chat (including tips and tricks for transitioning from combustible cigarettes to the Products).

  • Consumers
    Individuals who: (i) access, browse and use the Website (including but not limited to the Freesmo Recommendation Model); (ii) have purchased Products from the Website; (iii) use services provided by Freesmo (including but not limited to Support Services).

  • Freesmo, We, Us, Our
    Freesmo Limited.

  • Freesmo Recommendation Model
    A decision-making matrix and recommendation model on the Website which recommends three Products to You based on: (i) Your inputs via a form; (ii) independent feedback from our research participants and Product reviews; and (iii) Product information.

  • Privacy Policy
    Our Privacy policy is available here at Privacy Policy.

  • Product(s)
    POD vapes (with cartridges), disposable e-cigarettes, heated tobacco products, nicotine pouches, vapes with e-liquids (each of which may contain tobacco and/or nicotine) which are offered for sale on the Website.

  • Terms of Sale
    The terms set out at Annex 1, which apply to You if You purchase a Product.

  • Terms of Use
    All provisions of these Terms and Conditions, excluding the Terms of Sale.

  • Website
    https://freesmo.co.uk/

  • You, Your
    The Consumer accessing and using the Website, whether to order Products or otherwise.

2. Who are We?

  • Company Name: Freesmo Limited

  • Registered address: 12 Palmyra Road, Bristol, BS3 3HU, United Kingdom

  • Company Number: 15249787

  • VAT Number: 454 1701 13

  • Contact details:
    Phone number: +44 745 740 5231
    Email address: info@freesmo.co.uk

    We are the operator of the Website, provider of the Freesmo Recommendation Model / Support Services and the seller of the Products.

3. What are these Terms and Conditions for?

The Terms of Use apply to You if You: (i) access, browse or use the Website; or (ii) use the Freesmo Recommendation Model. The Terms of Sale apply to You if You order and purchase Products (e.g. by clicking on the button to complete an order of Products).

Your: (i) use of the Website means that You agree with the Terms of Use; and (ii) purchase of Products (e.g. by clicking on the button to complete the order) means that You agree with the Terms of Sale. Once You agree to the applicable terms, they become binding on You. That means that You enter into a contract with Us and its content consists of the Terms of Use and/or Terms of Sale (as applicable).

4. Market Limitation and Age Limitation

At this stage, the Website is aimed only at customers in England, Wales and Scotland. Therefore if You are in Northern Ireland or from any other country outside the United Kingdom, unfortunately We cannot accept Your order.

You must be 18 years of age or over to access and use the Website and purchase the Products. Therefore, Your age will need to be verified before using the Freesmo Recommendation Model and / or before purchase and delivery of the Products.

You must confirm Your age truthfully on Our Website before using the Freesmo Recommendation Model. If You are found to be under 18 years of age or refuse to comply with Our age verification processes, You will not be allowed to use the Freesmo Recommendation Model or place an order on the Website.

5. Safety Warning

Products that are sold on this Website may contain tobacco and/or nicotine which are highly addictive substances. Additionally, tobacco products damage Your health. Therefore, they are not intended for use by persons under the age of 18, and also they are not suitable for use by pregnant or lactating women, people who suffer from cardio-vascular diseases; persons suffering from seizure disorders or any persons who should avoid using tobacco or nicotine products for medical reasons.

Products: (i) are not medical devices; (ii) do not aid the cessation of smoking tobacco; and (iii) cannot treat or prevent disease of any kind. Quitting smoking entirely is always the best option for health, and the Products can still present dangers to health.

6. How can I use the Freesmo Recommendation Model?

We would like to help You navigate the thousands of choices on the market in the field of alternatives to traditional smoking by recommending the best Products to You. For this reason We developed the Freesmo Recommendation Model. Please note, the Freesmo Recommendation Model does not consider the medical suitability of Products for You.

To use the Freesmo Recommendation Model You will need to complete a questionnaire (the "Questionnaire"). You can choose whether to complete the short or long form Questionnaire. Both versions of the Questionnaire have the same validity for the purpose of recommending Products. The personal data You input to the Questionnaire is processed in compliance with Our Privacy Policy and applicable law.

In principle, the Freesmo Recommendation Model is based on: (i) Your data inputs (being Your responses in the Questionnaire relating to usage and consumption); (ii) independent feedback from our research participants in the United Kingdom (iii) Product data inputs (e.g. Product sales information, device and refills parameters, ratings and reviews of devices and flavours). You can buy any, or none, of the recommended Products.

The long form Questionnaire includes a number of sections which are not used by the Freesmo Recommendation Model (e.g. relating to Your favourite brand, flavours and strength). This data will be used by Us to provide You with additional recommendations in the event that You are not satisfied with the recommendations from the Freesmo Recommendation Model.

Please note that the Freesmo Recommendation Model: (i) does not take into account the medical suitability of any Product for You; and (ii) should not be deemed to provide medical advice. We are not qualified to provide medical advice, therefore if You are unsure about the medical suitability of any Product, please contact a qualified expert or Your general practitioner for advice. We are not responsible for any medical issues that can arise while You are using the Products (subject to: (i) the Products complying with all applicable laws; and (ii) Our compliance with these Terms and Conditions and all applicable laws).

7. Website Availability

The Websites is intended to be available 24 hours a day, 7 days a week. Although We do Our best to prevent Website outages, some exceptional outages can happen. If any such outages occur due to events wholly outside Our control, We will not be liable for failure to keep the Website available (as long as We notify you of the outage and have taken reasonable steps to mitigate any loss).

From time to time We also need to carry out operational maintenance, during which time the Website will be unavailable. We will try to give You reasonable notice (via email and on the Website) of any suspension or withdrawal of access to the Website.

8. Information on the Website

The content on the Website is provided for general information only. You should not rely on the recommendations, advice or any information of any kind provided on the Website (“Recommendation”) (including but not limited to in relation to the Support Services). You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of a Recommendation.

You acknowledge the inherent risks involved in relying on Our Recommendations and agree to take responsibility for any losses arising from those risks. We are not responsible for (or liable for losses arising from) decisions made based on such Recommendations, however: (i) this exclusion of liability does not apply to any information relating to the Products; and (ii) We do not exclude or limit in any way Our liability to You where it would be unlawful to do so (including liability for death or personal injury caused by Our negligence or breach of duty or the negligence or breach of duty of Our employees, agents or subcontractors and for fraud or fraudulent misrepresentation).

9. Final provisions

These Terms and Conditions are governed by laws of England and Wales, and the courts of England and Wales will have exclusive jurisdiction. If you live in England or Wales. If you live in Scotland, the Scottish courts will have exclusive jurisdiction.

We will only use Your personal information as set out in Our Privacy Policy, which can be found here: Privacy Policy.

10. Changes to these Terms and Conditions

Last update: 24/05/2024

Changes:

  • Payment terms (Art. 2): Online instant payment by debit or credit card introduced, the option to use deferred payments now only for randomly selected customers. Change of payment provider - Worldpay.

  • Market Limitation and Age Limitation (Art. 4): Scotland is newly among the areas where you can order our Products from.

  • Safety Warning (Art. 5) and Information on the Website (Art. 8): Minor changes concerning the different legal terms used also in Scotland - 1) Persons under 18 years instead of minors, 2) our liability due to breach of law.

  • Withdrawal right (Art. 6): Different scope of withdrawal right between Trial Period for Your first order of Product(s) and Subsequent Orders of Product(s).

  • Final Provisions (Art. 9): Scottish courts as exclusive jurisdiction for customers living in Scotland.

  • Limitation of liability (Art. 9, Annex No. 1): A minor change concerning the different legal terms used also in Scotland consisting of our liability that also occurs due to breach of law.







Annex No. 1 - Terms of Sale

1. How can I buy a Product?

An order is created and You make a binding offer to purchase a Product when You click the button to 'submit order'. Until this point, You can edit Your order in the cart as You wish.

As part of the order process, You must provide Your personal data, billing details and delivery address and complete the age verification process. Please double check all information is correct as You are liable for the accuracy of all information provided. Before You complete Your order, You must also confirm that You have read and understand the terms Our Privacy Policy.

A user account will be automatically created for You when You order a Product and You will receive the user account credentials via email. The user account enables You to easily manage Your purchase(s) and use the Support Services. You have no obligation to use the user account. If you would like to request deletion of Your user account, please contact us at info@freesmo.co.uk.

Please note that We can reject Your order if We have good reason to do so (e.g. running out the Products, mistake in price or description, failure to verify Your age, insufficient age, Your failure to comply with these Terms and Conditions or any other fair reason). The contract between You and Us is concluded when We send You an email with acceptance of Your order (the "Order Confirmation"). The Order Confirmation will be sent to the email address You provided during the order process. These Terms and Conditions will be provided together with the Order Confirmation.

Changing the order by You or Us following the Order Confirmation is possible only with both Your and Our agreement.

2. How do I pay for a Product?

Please note that the price of the Product and its delivery costs are set out on the relevant Product page of the Website. The price includes VAT.

We only accept payment by credit or debit card as instant online transfer through the payment provider that we use (Worldpay). If your card payment is declined, you will be notified and requested for new payment. Your order will not be processed until payment is successfully completed.

If You decide to return the Product, You must let Us know in writing within 14 days from the date the Product is successfully delivered to you (the “Cancellation Period”), otherwise the price for the Products and associated delivery cannot be refunded to you, and in case of deferred payment such costs will be charged to you. To avoid any misunderstanding, You will be automatically reminded of the expiry of the Cancellation Period (and of the upcoming charge in case of deferred payment) 3 working days before Cancellation Period terminates.

If You decide to return the Product, Your refund is withheld until We inspect the Product. The withholding of the refund is to allow Us to change a proportion of the purchase price if the Products is used other than in compliance with these Terms of Sale.

3. Who bears the risk of damage and when do You take ownership of the Product?

Until the Product is delivered and handed over to You, We bear the risk of damage to the Product. After the delivery of the Product to You, the risk of damage to or loss of the Product passes from Us to You.

The ownership of the Product passes from Us to You once you pay for the Product (i.e. once You have been charged successfully after the Cancellation Period), subject to Your compliance with these Terms and Conditions.

4. Delivery

If You are not able to prove that You are 18 years of age or older upon delivery of the Products or refuse to comply with Our age verification processes, the purchase contract will not take effect and the Products will not be handed over to You. The purchase contract between You and Us will be canceled. Given in such circumstances the contract is canceled due to your fault, you will still be liable to pay any associated delivery costs.

You must present an ID card, passport or driving license with a picture of You and the date of Your birth to the respective courier upon delivery of the Product for age verification purposes. If You are found to be under 18 years of age or refuse to comply with Our age verification processes, the Product will not be handed over to You.

We are obliged to deliver the Product to Your delivery address within the time which You and We have agreed, or if no such agreement has been made within a reasonable time, without undue delay and not more than 30 days after the date of the Order Confirmation.

Delivery of the Products is carried out by Our delivery partner(s) as set out in the order form ("Delivery Partners").

The following terms apply to delivery of Products:

  • The delivery fee payable is indicated in the order form (which is presented to You prior to purchase).

  • During the order process, You may choose one of the delivery options available in the order form. You will be informed of the estimated time of delivery and other information regarding the delivery via email by the Delivery Partner. The estimated time of delivery may change depending on Our and Delivery Partner's logistical constraints. In the event of a delay triggered by causes wholly outside Our control (including but not limited to information system failure), We shall not be liable for late delivery.

  • As soon as the contract is concluded between You and Us, Our Delivery Partner will arrange delivery of the Product to the address You provided during the order process. You must be available to take delivery of the Product at the estimated time of delivery. The delivery will also include documents related to the Product.

  • Once You receive the Product from the Delivery Partner, at the earliest opportunity You should check that You have received the correct Product. You should also check that the package has not been visibly damaged. If the package is visibly damaged, You have the right to: (i) reject the Product; or (ii) (if possible) accept the Product and note the damaged condition on the handover report together with the respective courier (and You should also send such a report, together with a description of the defect in the Product, by e-mail to info@freesmo.co.uk).

5. Using the Products

You should use the Products only in accordance with the manufacturers' instructions (including but not limited to those relating to maintenance). You should also inspect the Product before using it for the first time.

If You use an electronic Product, You must only use charging devices approved by Us or the manufacturer. If You use an unapproved charging device, it may be dangerous (e.g. a device can overheat and be a risk for Your health). Therefore, We do not accept any liability for loss or damages resulting from Your use of an unapproved charging device with the Products.

Your rights under consumer law are not affected by this notice, or any other provision of these Terms and Conditions.

6. Withdrawal from the contract by You

You have the right to withdraw from the contract (and subsequently return the Product(s) for a full refund) (the "Cancellation Right") at any time during the Cancellation Period for any reason or no reason whatsoever. If you damaged the Product in any way, you may not exercise your Cancellation Right and request a full refund.

  • Trial Period for Your first order of Product(s):
    This right applies only to Your first order of the Product(s). If You just try the Product, You may return the Product back to Us and request a full refund.

  • Subsequent orders of Product(s):
    If you purchase any Product(s) in the subsequent orders, Trial Period does not apply. You may return only a Heated tobacco device or a Vape device (excluding refill pods), both even opened and used, and in addition you may return the not opened and unused Products and request a full refund.

Return procedure

If You wish to exercise Your Cancellation Right, first You must notify Us of Your intention to cancel via email during the Cancellation Period (to info@freesmo.co.uk), including a description of the Products and documentation to be returned. You must return the Products within 14 days of the date You notified Us of Your intention to cancel. Please send the returned Products to: Huboo Technologies LTD, Unit 2 (Storage Centre), Interplex 16, Ash Ridge Road, Bradley Stoke, Bristol, BS32 4QE

If possible, You must: (i) label the return package with Freesmo's unique number (13182); and (ii) arrange shipping using a shipping service of Your choice with a tracking option (such as Evri, DPD, Royal Mail, etc.). We will not collect a return package from Your address. Please note that You are liable for all costs of a return.

Once You have sent the return package to Us, You must send Us an email (to info@freesmo.co.uk) providing a tracking code for the return package.

Condition of returned Product

Any Product returned must be unused (subject to the exceptions listed above) and clean, and together with all the accessories originally provided with it. Where possible, the Product should be returned in its original packaging. If the Product shows signs of use (subject to the exceptions listed above), We may refuse to issue a refund. Alternatively We may reduce the refund given to reflect any depreciation in value of the Product caused by Your use of the Product prior to return. If We refuse to issue a refund, We will return the Product to You at Your cost (if requested to do so by You).

Refunds

Subject to the preceding paragraphs, the purchase price of the relevant Product will be refunded to You within 14 days of Us receiving the returned Product (or, if earlier, the date on which You supplied evidence of having returned the Product). The refund will be made using Your original payment method. If You have not yet been charged, You will not be refunded and Your payment method will not be charged for the purchase. You will also receive a refund of the costs of the original delivery charged to You. In case of payment by debit or credit card online, you will get the refund on your card that you paid to us.

Please note that We are entitled to make a deduction from the amount to be refunded to You if the value of the Product has been significantly reduced as a result of You handling the Product more than necessary to establish the characteristics and functioning of the Product. If We cannot make the deduction, You are obliged to pay the compensation for the reduction in the value of the Product. You will be informed on that in advance.

7. Withdrawal from the contract by Us

We have the right to withdraw from the contract and therefore not supply You with the Product(s) ordered in the following cases:

  • You are under 18 years of age, Your age-verification failed or You refuse to be subject to age-verification; or

  • You breach any provision of these Terms and Conditions.

8. Product defect

Some of the Products may be accompanied by warranties given by the respective manufacturer, which provide remedies for any defects that occur within the warranty period. Such manufacturer warranties are passed on to You upon purchase and delivery of the relevant Product. Such manufacturer warranties apply in addition to Your statutory rights under consumer law (which apply to all Products).

We have an obligation to supply Products that are of satisfactory quality, fit for the purpose and conforming to the description given for them on the Website.

If a Product You purchase is of unsatisfactory quality, unfit for its purpose or not as described, You are entitled to a refund, repair or replacement depending on how long has passed since the Product was delivered:

  • 0-30 days from delivery of the Product:
    You can claim a refund for the defective Product. We cannot refuse to refund You. However, if You'd prefer a repair or replacement, You can ask for that instead.

  • 30 days-six months from delivery of the Product:
    You must give Us one opportunity to repair or replace the Product free of charge before You can claim a refund.

  • Six months or longer from delivery of the Product:
    You must give Us one opportunity to repair or replace it before You can claim a partial refund, and the burden of proof is on You to prove the product was faulty at the point of delivery to be entitled to any remedy.

Return process for defective Products
If You wish to return a defective Product, please contact us by email at info@freesmo.co.uk. Please provide as much information on the defect as possible so that We can deal with Your enquiry as quickly as possible.

As soon as We assess Your enquiry, We will invite You to send us the defective Product including all relevant documentation. You must send the defective Product to: Huboo Technologies LTD, Unit 2 (Storage Centre), Interplex 16, Ash Ridge Road, Bradley Stoke, Bristol, BS32 4QE.

If possible, You must: (i) label the return package with Freesmo's unique number (13182); and (ii) arrange shipping using a shipping service of Your choice with a tracking option (such as Evri, DPD, Royal Mail, etc.). Once You have sent the defective Product to Us, You must send Us an email to info@freesmo.co.uk providing a tracking code from the delivery service.

If You are entitled to a refund, repair or replacement of the defective Product, We will inform You of the next steps of the process and refund the delivery costs of returning the defective Product.

9. Limitation of liability

We are not the manufacturer of the Products. Please note that You are fully responsible for any losses arising from Your use of the Products, unless such loss was caused by Our (or the manufacturer's) breach of these Terms and Conditions or applicable law.

We are not liable for any loss: (i) that was not reasonably foreseeable to both You and Us at the point of Order Confirmation (including but not limited to any medical issues that can arise from use of the Products); or (ii) of profits, sales, business, or revenue, business interruption, loss of anticipated savings, or loss of business opportunity, goodwill or reputation.

Nothing in this provision affects Your rights under consumer law. We do not exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or breach of duty or the negligence or breach of duty of Our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.







Annex No. 2 - Return Request Form (Cancellation Form)

TO:
Freesmo Limited
Registered address at: 12 Palmyra Road, Bristol, BS3 3HU
Email: info@freesmo.co.uk

SUBJECT:
Withdrawal from the Purchase Contract

I (Name) hereby give notice that I cancel my contract of sale of the following goods (details) ordered on (details) / received on (details).

Name of consumer: (Details)

Address: (Details)

Date: (Details)