IMAGES USED ARE FOR ILLUSTRATION PURPOSES ONLY!!!
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions as stated. If you are in partial disagreement or complete with stated Terms and Conditions, kindly abstain from usage of the website.
You must be 18 years of age or older to utilize this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are 18 years old or above.
Detailed description of goods and/or services
TYPES OF DELIVERY OPTIONS AVAILABLE:
Return and Refunds policy
The provision of goods and services by Downtown Vapoury are subject to availability of stock. In cases of unavailability, Downtown Vapoury will contact the client within 2 days to amend and clarify changes. Cancellation of orders by the client will attract a 10% administration fee as well as the incurred courier cost.
Given the Nature of products we deal with, warranties are supplied at our discretion given the type of product being purchased. We make no false promises or claims and all our products are tested except for hygienically protected items. We however do not provide warranties on any product considered to be consumable (coils/e-liquids) and products which are damaged as a result of abuse and negligence.
All our electronic devices carry a 3 Month Warranty (90 days) subject to our terms and conditions.
In order to benefit under the manufacturer’s warranty, we would in the event of a problem with your device require proof of purchase (order number) within the 3-month period as well as the packaging it originally came in (i.e., box).
In event that the Device was purchased through our online store the following requirements need to be met:
Any recommendations made by our staff are purely based on feedback by consumers and colleagues and are in no way an offer to purchase a specific product. Any item purchased should be of your own volition.
We provide advice on the best offering based on experience and reviews and the decision to purchase a specific product /brand ultimately lies with the consumer. We will not be held accountable for purchases that do not meet your expectation and no exchanges/refunds will be considered in that respect.
If any electronic item has been used by the consumer and a request for a warranty claim has been issued, an assessment would need to be undertaken firstly. This will allow for a report to be made and discern whether the claim is viable or not. Should the assessment be unsuccessful the device will be retuned with reasoning provided by staff of Downtown Vapoury.
All products would need to be left at our store for Assessment which takes between 7-10 business days depending on the supplier the product was retrieved from.
Please note the Manufacturer’s warranty covers defective products that have ceased to operate and not products that do not meet your expectations.
Due to the nature of the products sold, we shall not cover the following under our warranty policy:
Any repairs done to devices caused by issues not covered under warranties shall be billed for once our quote has been accepted. Cost of Repairs shall be paid in advance. Spare parts used to repair the device shall be billed separately.
Please note disposable devices are regarded as consumable products. Each product will differ in lifespan depending on the user. Due to the consumable nature of disposable vapes, we do not offer a warranty on these devices.
Disposable Devices will be opened and tested instore in presence of the staff as they carry no warranty once they leave the premises.
Downtown Vapoury shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
Payment options accepted
Payment may be made via PayFast, PayGate, PayFlex, Bank EFT, Visa and MasterCard.
Card acquiring and security
Card transactions will be acquired for Downtown Vapoury via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by Downtown Vapoury separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Downtown Vapoury takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Country of domicile
This website is governed by the laws of South Africa and Downtown Vapoury chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, at 65 Overport Drive, Sunway Center, Durban, Shop 15, notices to be served by way of hand to responsible persons.
Downtown Vapoury may, in its sole discretion, change this agreement or any part thereof at any time without notice.
This website is run by Downtown Vapoury which is a private company based in South Africa trading as Downtown Vapoury with registration number 2016/484232/07 and Ridwaan Dawood being the Sole Director.
Downtown Vapoury contact details
Company Physical Address: 65 Overport Drive, Sunway Center, Durban, Shop 15
Telephone: 031 207 4219
License to use website
Unless otherwise stated, Downtown Vapoury and/or its licensors own the intellectual property rights in the website and material on the website. All intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or OTHER CONTENT from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Downtown Vapoury express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
Access to certain areas of this website is restricted. Downtown Vapoury reserves the right to restrict access to other areas of this website, or indeed this entire website, at Downtown Vapoury’s discretion.
If Downtown Vapoury provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Downtown Vapoury may disable your user ID and password in its sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material that you submit to this website, for whatever purpose.
You grant to Downtown Vapoury a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Downtown Vapoury the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Downtown Vapoury or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Downtown Vapoury reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website.
Notwithstanding Downtown Vapoury rights under these terms and conditions in relation to user content, Downtown Vapoury does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Downtown Vapoury liability in respect of any:
You accept that, as a limited liability entity, [Downtown Vapoury] has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against [Downtown Vapoury] officers or employees in respect of any losses you suffer.
You hereby indemnify Downtown Vapoury and undertake to keep it indemnified against any losses, damages, costs, liabilities and expenses, including without limitation legal expenses and any amounts paid by to a third party in settlement of a claim or dispute on the advice of Downtown Vapoury and/or Downtown Vapoury legal advisers incurred or suffered by Downtown Vapoury and/or Downtown Vapoury arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Downtown Vapoury other rights under these terms and conditions, if you breach these terms and conditions in any way, Downtown Vapoury may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with documents, constitute the entire agreement between you and Downtown Vapoury in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with [THE LAW OF THE REPUBLIC OF SOUTH AFRICA], and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the KWAZULU NATAL HIGH COURT, DURBAN.
This website is provided “as is” without any representations or warranties, express or implied. Downtown Vapoury makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Downtown Vapoury does not warrant that:
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Downtown Vapoury will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if Downtown Vapoury has been expressly advised of the potential loss.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Product Description and Illustrations
E & OE
Errors and Omissions Excepted: Downtown Vapoury states that the pricing, product description, and/or other content displayed on the website may contain mistakes or may not include details.