Terms and Conditions
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. This website should not be used as a replacement for advice from a medical professional. If you find an error or omission at this site, please let us know.
It is your obligation to enter the correct delivery address at the time of ordering. If you enter the wrong address, we are not obliged to resend the order to the correct address at our expense. The delivery address cannot be changed once the order has been shipped. Somebody must be available at the delivery address to accept and sign for delivery.
Once you have placed an order, if we are unable to ship any part of it, we may at our sole discretion, either send you part of the order that is in stock or remove item(s) from the order.
All deliveries are estimated dates only and not guaranteed.
A contact telephone number is required for the Courier.
Our current delivery charges are as follows and are subject to change at any time:
If you have any queries with your order, please contact brandMAD at firstname.lastname@example.org or telephone 0188 23078.
We charge €4.00 for standard delivery with in the Republic of Ireland, regardless of weight or size. This is the total cost of the delivery, regardless of how many items you order. The vast majority of orders are dispatched either on the same day or the following day. A signature will be required on receipt of your item(s).
Normal delivery takes between 1-5 working days.
In order to confirm that an order shipped via post has indeed been lost, we must wait 15 working days (3 weeks) before claiming against the carrier. Most lost items are located within the system within this period of time. If your item is lost or undelivered, you should contact us to see if our courier service are holding the order, having already tried unsuccessfully to deliver it to you. If after 7 working days you have not received your order, please contact us with your order number, name and address and we will investigate.
If your item(s) are returned back to us for whatever reason, we will resend the items subject to a re-delivery charge. If you decide to not have the goods returned, we will charge a €10 restocking charge (or 10% of the order value if over €100). We will be unable to refund actual delivery costs.
Next Working Day service - * If you order before 1.00pm Mon-Thurs
Next day delivery is available on all orders where the following criteria have been met:
- The order is placed before the specified cut off time.
- All items on the order are in stock and available for delivery.
- Cleared funds have been received in full for the order total.
- You must be available to accept and sign for parcel.
- Delivery is to a valid address within the Republic of Ireland, (geographic restrictions might apply.)
- Applies to next working day, excludes Bank Holidays, Saturday and Sundays.
- A contact telephone number has been provided. The delivery person may call but is not obliged to.
International Shipping Service -
We also provide International Shipping orders will be dispatched within our normal guidelines.
Shipping takes between 5-10 working days depending on the destination.
Please see below for the countries in each zone where shipping is available.
Europe Zone 1 - Austria, Czech Republic, Finland, France, Italy, Luxemburg, Poland, Slovenia and Spain.
Europe Zone 2 - Northern Ireland.
Europe Zone 3 - United Kingdom.
Europe Zone 4 - Belgium, Denmark, Germany, Netherlands, Portugal, Slovakia and Sweden.
Asia - China, Hong Kong, Philippines.
BrandMad will not be held responsible for lost parcels caused by an incorrect delivery address entered by the customer. Delivery address cannot be changed once the order has been shipped. BrandMad are unable to refund courier delivery charges. Courier delivery does not guarantee next day delivery. In the event of the parcel not being delivered next day, delivery charges will not be refunded.
3.2 Returns and Exchanges
Return of unwanted items - Cooling off period
It is your responsibility to contact brandMAD by email or phone to advise us of your intention to return or exchange any item(s) within 30 days of receipt of them. After this date, it falls solely within the discretion of brandMAD if a return or exchange will be accepted. Once notified, all items should be received at brandMAD within 14 days from the date of notification for this condition to apply. We highly recommend that items are returned via a Recorded Delivery service as we do not accept responsibility for items lost in the post. It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit.
Should you be unhappy in any way with your products within 30 days of receipt, we will refund the full cost of the order less any postage cost paid in delivering it to you. We will also refund the cost of Refill cartridges included with your kit, however this is limited to a maximum of 10 Refill cartridges of each flavour returned. Even if you have tried some of the cartridges (maximum 2 in any 10) we will still refund the full 10. If you wish to return a product you must email us within 30 days of receiving it and we will be happy to issue a returns number for you to include when you return the products. The products must be received back by us within 7 days of the returns number being issued. Please note that liquids cannot be refunded or exchanged.
You must return items to brandMAD by using the returns and exchanges procedure.
3.2.1 Return of faulty or damaged items
Faulty items will be accepted up to the manufacturer's warranty terms. This does not affect your statutory rights.
If you refuse delivery due to an item being damaged, you should refuse delivery and notify brandMAD of this within 7 days as stated above. If you are unaware of the damage in transit, the 7 day period still applies however once this has expired, any return is solely within brandMAD’s discretion.
It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit. We will not issue a return or exchange unless the item(s) are in a reasonable condition upon return.
Once we receive the returned items at our warehouse, you should allow a further 14 days for a replacement to be re-sent.
3.2.2 Failed Deliveries
If you are not available to receive your items and they are returned to us we will charge €10 (or 10% if the order is over €100) restocking fee if you decide not to have the items re-delivered.
Any refunds due back to you under conditions 3.1 -3.2, will be refunded via the same means as when the order was placed and by no other methods.
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner, suppliers, manufacturers and partners of the owner. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of the Website Owner.
5. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
6. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you, which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
6.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties; 6.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information; 6.3 post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the Website Owner's and/or a third party's computer system and/or network; 6.4 violate any copyright, trade mark, other applicable Irish or international laws or intellectual property rights of the Website Owner or any other third party; 6.5 submit contents containing marketing or promotional material which is intended to solicit business. 7. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
9. Disclaimer of Liability.
The Website Owner and its directors, shareholders and associated persons shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
10. Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Ireland). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
11. General 11.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website. In the unlikely event that an incorrect price is shown on our website, we reserve the right to abstain from fulfilling the order at that price. You will of course be notified, and at which point you will be informed of the correct price, and given the choice to proceed with the order. You agree that your order is an offer to buy the Products under these Sales Terms. All orders must then be accepted by us. We may choose not to accept abnormal orders and orders which are not placed in good faith. After having received your order, we will send you an order confirmation email with your order number and details of the items you have ordered. Please note that the Order confirmation email is not an acceptance of your order. Acceptance of your order and the formation of the contract of sale between brandMAD and you and will not take place unless and until you have received an email confirmation of your order being dispatched. Please note that brandMAD reserves the right to cancel your order at any time before you receive your ordered items.
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. Please contact us if you require clarification on any of the terms in this statement.
11.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Ireland without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Ireland in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
11.8 Accessing the Site
We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device. We cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output. We do not accept liability for any losses or claims arising from any inability to access the Site or any failure to complete a transaction.
11.9 Using the Site
This Site is for personal and non-commercial use. You must not use any materials contained in the Site except to the extent necessary for your own personal use. In using the Site and information available from the Site, you agree that you will not:
(a) Post, disseminate or transmit unauthorised advertisements or promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
(b) Omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content.
(c) Impersonate any person or entity, or fail to state or otherwise misrepresent an affiliation with any person or entity. (d) Engage in any activities in order to withhold or cloak identity or contact information. (e) Send harassing and/or threatening messages to others. (f) Engage in "flooding" - i.e flooding and mail bombing (sending large amounts of email repeatedly to the same email address).
(g) Use the information available on the Site for any illegal, immoral or anti-social purpose, in violation of any applicable laws or regulations or in a manner, which is or may be damaging to our name or reputation.
(h) Publish or download web pages or content, images, descriptions or text. (i) Electronically stalk or otherwise electronically harass another.
(j) Engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission.
(k) Engage in any activities with relation to reverse engineering of the website, including data structures, descriptions, images or any material contained on the site.
12. Pricing & purchasing.
SRP is an abbreviation of Suggested Retail Price. SRP prices are sometimes displayed to highlight normal high street prices. We endeavor to manually check SRP prices periodically but cannot guarantee they are 100% accurate in all cases. Please ensure you have checked the sale and SRP prices for yourself before purchasing items from our website. The sale of products from this website are subject to availability. Your order for a product is an offer to purchase and brandMAD retains the discretion to refuse your order. No contract of sale is deemed to have taken place until Nicotine.ie has dispatched your order. Payment is due before goods are dispatched unless a credit account has been authorised by brandMAD in which case payment is due 14 days from date of invoicing. brandMAD reserves the right to withhold supplies and to suspend any further deliveries in the event that payment is overdue. We accept payment from the major credit and debit cards.
The EU is under an obligation to minimise the disposal of Waste Electrical and Electronic Equipment (WEEE) in domestic waste and encourage recycling, recovery and environmentally sound disposal. brand MAD is committed to promoting the reuse, recycling and recovery of WEEE by contributing to the appropriate compliance schemes. Certain electrical items cannot be disposed of in domestic waste but disposed of through an approved WEEE take back scheme. For details of your local collection facilities, please contact your local authority or visit http://www.weeeireland.ie/.
14. Data Protection Our policy is that we will not pass on any customer details we collect to any third party without your permission.
The descriptions and pictures on the website are a guide to the style and look of our products. We try to make them as accurate as possible but cannot be held responsible for minor differences. Please be aware that some products, may have sharp edges, therefore customer must be careful when handling these products.
We are committed to protecting your privacy. All information given at the time of ordering to the point of payment is collected by brand MAD. This information is collected lawfully and in accordance with the Data Protection Act and the Web Trader Code of Practice. The data is used to fulfill your order and for marketing campaigns. We use technology such as cookies to improve our services to customers. We do not pass your information to any third parties without your permission. Our payment provider, collects your payment information. We do not send random marketing emails to personal email addresses (spam).
Copyright 2015 brandMAD ©.
All images on this website may not be used or copied without permission from brandMAD.
If the user has a demonstrated sensitivity to nicotine, is pregnant or breastfeeding, or has any unstable heart condition, they should discuss the use of the product(s) with a doctor or nurse before starting to use this device The user of the product(s) should also be a current smoker and is over the age of 18.