TERMS AND CONDITIONS

Any Visitor, Participant or User of this website acknowledges, agrees and consents to the following terms and conditions of Evolution Vape (Pty) Limited (“Evolution Vape”) which terms and conditions shall be set out in this document referred to as the “Agreement”.It is to be distinctly to be noted that it is a requirement to be 18 years or older should you make use of this website.

This Agreement constitutes a whole and just agreement amongst us and you and supersedes all prior terms or agreements, guarantees and/or understandings. We reserve the right to make amendments to this Agreement at any time or periodically without notice to you.

The most recent version from time to time of this Agreement will be posted to our website and the responsibility shall be upon you to acquaint yourself therewith, including Evolve Vape’s Privacy Policy.

Transfer of any personal information (such as login details or passwords) divulged from one User to another (for example the original account holdertransfers details to anotherUser), is done so at the original information holder’s own risk. Evolution Vape will not accept any responsibility or claims of any kind for any activities on this site by Users or third-party affiliates in the instance where information is transferred from the original holder of information to another holder.

We reserve the right to use certain of your personal information and authority is hereby given by you to Evolution Vape to use this information supplied to us (in accordance with our Privacy Policy), which is available for inspection and which Policy you need to stay updated with. Please note that Evolution Vape’s website does make use of third-party Service Providers (for example PAY-FAST).

Evolution Vape does not accept responsibility for expressions made by third-party Service Providersand therefore Evolution Vape offersno guarantees or warranties, based on information appearing on merchant sites and/or any other third-partywebsites linked to our website.

As the industry evolves so does our product offering and we therefore endeavour to always offer the best product available.From time to time and without notice to Users Evolution Vape may proceed to make amendments to the housed ranges, prices and brands (with possible additions and/or omissions) to maintain the abovementioned stance.

Checking this page frequently is highly advised- particularlypaying attention to the date of the last alteration/update recorded.

Evolution Vape – WIN Prizes – Weekly Competition

Evolution Vape is hereby referred to as “The Promoter”and the promotion is hosted by Evolution Vape.

The promotional competition is open to strictly South African citizens or permanent residents/citizens in possession of a valid identity document and/or passport. To enter the promotional competition, entrant(s) must
be a South African permanent resident or citizen of South Africa.

Restrictions on eligibility: 

All entrants need to abide by the competition rules, including the Terms and Conditions.

The promotional competition is not open to any director, member, partner, employee, agent/consultant of The Promoter, marketing service providers or any person who directly or indirectly controls or is controlled by these entities, including their spouses, life partners, business partners or immediate family members.

The prize cannot be exchanged for money or a voucher.

All personal information (which may also be referred to as “Personal Data” herein) supplied by participants shall be processed and dealt with in accordance with the Promoter’s Private Policy, the Protection of Personal Information Act 4 of 2013 (“POPI Act”) and all other relevant South African data protection legislation.

This promotional competition is open weekly and specific open dates will be featured via social media posts. Any entries received after the closing date will not be considered.

At the end of the promotional period, winners will be chosen randomly from the pool of qualifying entries and they will be contacted by Evolution Vape on social media platforms.

The Promoter shall not be responsible for making use of and/or relying on any incorrect information supplied by any User or the winner, throughout this Competition. It is the responsibility of the winner to ensure that all information supplied is correct and up to date(for example physical address, phone number, e-mail address and contact information).

Entry Requirements

To enter, participants are required to follow the directions and mechanics set out in the 

social media competition post.

Selecting winners and prizes

Only the selected winner will receive the prize.
The winners will be selected by means of a random draw.
Collection of the prizes

The prizes will be couriered to the winners to the specified address they have chosen. Evolution Vape will not be responsible if the prize arrives at the wrong address which was given to it by the Winner.
General

Participation in the promotion constitutes acceptance of the promotional rules, terms and conditions and participants consent to abide by the aforementioned rules as set out herein.

All personal information/data supplied by participants shall be processed in accordance with South African data protection legislation (such as the POPI Act) and the Promoter’s Privacy Policy.

Neither the Promoter or its agents, its associated companies, nor any directors, officers or employees of such, shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from any cause whatsoever, which may be suffered by the participant or the winner in terms of this promotional competition.

The Promoter reserves the right to provide the winner with a prize of equivalent value in the event that the winner is not able to successfully claim their prize, due to circumstances beyond the control of the Promoter.

In the event that the prize is not available (despite the Promoter’s reasonable endeavours to procure the prize), the Promoter reserves the right to substitute prizes of equal value.

Prizes are not exchangeable for cash or transferable.

The Promoter shall not be responsible for any lost, damaged, delayed, incorrect or incomplete entries or information given to it, for any reason whatsoever.

The Promoter shall not be responsible for the failure of any technical or electronic element relating to this Promotion that may result in an entry not being successfully submitted or transmitted.

The Promoter reserves the right to disqualify any claim if fraud or cheating is suspected, including without limitation, the manipulation of codes or otherwise falsifying data.

No applications from agents, third parties, organized groups or applications automatically generated by computer or other electronic devices will be accepted. No incomplete or corrupted entries will be accepted. Entries will only be accepted if they comply with all entry instructions.

The Promoter reserves the right (and the winner consents to the Promoter's right) to use any images taken of the winner and the winner’s full name for publicity purposes in any manner they deem fit including on social media platforms, without remuneration being made payable to the winner. However, the winner has the right to object to these images being used or details being disclosed, by giving written notification to the Promoter. It is the responsibility of the participant to advise the Promoter beforehand in the event that he/she does not want their information to be divulged or disclosed.

The Promoter shall have the right to change or terminate the promotional competition and/or its terms and conditions immediately and without notice, if deemed necessary in its opinion or if circumstances arise outside of its control.

In the event of such change or termination, all participants agree to waive any rights that they have in respect of this promotional competition and acknowledge that they will have no recourse against the Promoter or its agents. Participation in the promotional competition constitutes acceptance of the promotional competition rules, terms and conditions. Participants therefore consent and agree to abide by the rules by participating therein. Evolution Vape reserves the right to modify or amend the Terms and Conditions (including the prize/s) for this promotion, from time to time.

REFUND OF GOODS AND THE PROVISIONS OF THE CONSUMER PROTECTION ACT (CPA) 

Your attention is drawn to Section 55(2) of the CPA which provides that except to the extent contemplated in subsection (6), every consumer has a right to receive goods that:-

  1. Are reasonably suitable for the purposes for which they are generally intended;
  2. Are of good quality and in good working order;
  3. Will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply;
  4. Comply with any applicable standards set out under the Standards Act 1993 (Act No. 29 of 1993), or any other public regulation.

Your attention is also drawn to the attention of Section 55(6) of the CPA which provides that subsection (2)(a) and (b) do not apply to a transaction if the consumer:-

  1. Has been expressly informed that the particular goods were offered in a specific condition; and
  2. Has expressly agreed to accept the goods in their condition, or knowingly acted in a manner consistent with accepting the goods in that condition.

You are accordingly expressly informed that the goods which are offered on this site are offered in the specific condition referred to in this site and by purchasing the same you expressly agree to accept the goods in such condition.

Further in terms of the CPA:

Defective goods returned by a Consumer may under certain circumstances to be refunded by the Supplier.

A Consumer will receive a full refund if goods are returned in the original unopened packaging within 10 (ten) days from date of purchase by the Consumer. Evolve Vape can only refund the original purchaser / winner / participant.

Defective goods

If goods have been opened but are returned in the original condition and repackaged in their original packaging, the item/goods will be exchanged or credited once the following have been actioned:

  1. Product has been sent to us for a period no longer than 72 (Seventy-Two) hours for assessment at any of our stores or Head office.
  2. Our product specialist has been given a reasonable opportunity to identify the cause of the defect (telephonically) and is given an opportunity to offer a replacement part to rectify the issue.Only if the new part does not solve the issue, a full credit will be passed.
  3. Leaking will first be addressed with a new coil, new pod or both, should the device after both these changes have been completed still continue to leak, the product may be replaced for the same product. 

In terms of theconsumer’s right to return of goods within 10 (Ten) days after delivery and receive a refund, it is to be noted that the refund is excluded in respect of goods where reasonsof public health prohibits the return of such goods.
The following items are also covered by this exclusion:

General returns rules are as follows:

  1. Refund payments can only be effected via Head Office through electronic payment only.  No cash refunds are possible.
  2. Refunds will only be effective if goods are in original packaging with chargers and accessories present and are in good order.
  3. We reserve the right to debit the used/missing/damaged components from the total value of the respective refund value.
  4. There will be no refunds on atomiser coils or mouthpieces or refill liquids. Liquids are custom blended and made to your individual purposes and we cannot be held responsible for your choice of blends.
  5. After the 10 days (and before the lapse of 6 months) the customer can request a replacement on the device, if there is a manufacturing defect. This refund does not apply if the device was dropped, cracked, for health reasons etc.

*Evolution Vape reserves the right to charge a reasonable administration/usage fee for returned orders should the returns process incur expenses.

Please call us on: 011 025 1000 or email us at info@evolutionvape.co.za for any related queries.

WARRANTY TERMS

  1. In terms of validating the warranty, a mandatory assessment is required, in order to find the exact fault within the product.
  2. We will honour any valid warranty claims based on this assessment and provide replacement parts or products, as the case may be.
  3. All assessments need to be carried out at our Evolution Vape stores.Please visit www.evolutionvape.co.za to locate your most convenient store.
  4. Coils are not covered by the warranty as these are wear and tear components. Liquids are not covered under the Warranty as these are consumables and do not contribute to a device failure.
  5. Pertaining to batteries, unless a battery is mechanically dead upon arrival once it has left the point of sale, they are considered consumables and are generally not covered under a warranty. A battery’s life span cannot be guaranteed as the lifespan is dependent upon the usage thereof.By purchasing batteries, you are accepting full responsibility for proper battery care and usage.
  6. It is up to the User to know the risks of lithium ion batteries and the user must have knowledge of how to care, charge and discharge them, and use them safely before using any device or MOD.
  7. Charging batteries should never be left unattended. Batteries may become volatile if mishandled. Evolution Vape or any of its approved partner merchants will not be held liable or responsible for the use/misuse of lithium ion batteries, e-cigarette devices, or any battery chargers.
  8. If any hardware or e-juice (not supplied by Evolution Vape) is used with a product supplied by Evolution Vape (including coils, batteries, tanks and mods), the product’s warranty will be void, as all the individual parts contribute to the specific units’ overall functionality. We therefore cannot carry a claim for products which are used in conjunction with products not specific to Evolution Vape.If you do so, you do so at your own risk.
  9. Receipt of purchase must be provided. Accepted in lieu of original receipt is a duplicate, dated receipt from the vendor with contact information or a bank card statement with sufficient details. Please visit any of our dedicated Evolution Vape stores or online platform in connection with receipts. A receipt of your product or bank statement is required as proof of purchase.
  10. To determine the cause of a product fault, and to validate a warranty claim, the device needs to undergo an assessment. Assessments are carried out at any of our branches or online stores by our trained product specialists and should not exceed 72 (seventy two) hours. In the event that a diagnosis cannot be provided within that period the product will be exchanged.
  11. If the product is within warranty and it is confirmed after the assessment that the damage was not caused by misuse, over-tightening of threaded parts, or dropping and breaking parts, we will replace part(s) accordingly. Prolonged usage of coils may cause the product to leak and the item will then be exchanged.
  12. We will NOT replace products that are out of their warranty periods. However we can still offer replacement parts at your cost.
  13. Warranty will be void in the event of any physical damage to a product.
    We will however provide a replacement part for items deemed defective through the mandatory assessment explained under thiswarranty.
  14. Discontinued products which still fall under the warranty will be replaced with a product equivalent to it provided that they meet all the aforementioned required assessment criteria.
  15. Depending on the model of device being replaced, there may be an additional pay-in amount required to upgrade to a newer device. This fee is not a reconditioning fee, merely the difference in purchase value.We will not swap out a device to one of a lesser value-replacements will be done to the same value or a higher value.

COMPATIBILITY
With our extensive user/product and industry knowledge we have put together the best possible ranges, to that effect.We do not guarantee that our parts and products are compatible with those of other manufacturers or suppliers.

We recommend all products purchased from Evolution Vape should be used with the product line recommended by Evolution Vape (such as batteries and accessories) for optimum performance. If you use another mod, battery, or parts that are not supplied by Evolution Vape we will not be responsible for poor performance or damage caused to the product.

Using other brands’ Mod, battery, or parts can cause damage to the Evolution Vape device and may cause air apertures to be blocked and/or impeded, which will result in poor or no vapour due to no airflow.

Please call us on: 011 025 1000 or email us at info@evolutionvape.co.za for any related queries pertaining to the Warranties set out herein.