21. RETURNS AND REFUNDS
21.1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below.
21.2. This cancellation right does not apply in the case of:
(a) any Products which you have unsealed after delivery and are not suitable for return due to health protection or hygiene reasons if unsealed; or
(b) the goods were a special order to your specification
21.3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is 14 days after the day on which you receive the last Product ordered under the Contract.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
21.4. To cancel a Contract, email us at: email@example.com
21.5. If you use this method we will e-mail you to confirm we have received your cancellation.
21.6. Alternatively you can contact our Customer Services team by telephone on +44 20 7930-3079 or by post to Davidoff of London, 35 St. James’s Street, London SW1A 1HD.
21.7. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
21.8. If you cancel your Contract we will:
21.8.1. refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop and solely in our opinion. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
21.8.2. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within [3-5] days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
21.8.3. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
21.9. If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
21.10. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
21.11. If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either post it back or return it by hand to Davidoff of London, 35 St. James’s Street, London SW1A 1HD;
(b) unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
21.12. As you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
22.1. We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control and we will notify you when this happens and use our best endeavours to rectify any situation where possible.
22.2. Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you or a carrier organised by you collect them from us and the Products will be your responsibility from that time.
22.3. You own the Products once we have received payment in full, including all applicable delivery charges.
22.4. If we miss the delivery deadline for any Products then you may cancel your Order within a reasonable time if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); and
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
The following clause only applies if you are a consumer:
22.5. If you do not wish to cancel your order straight away, or do not have the right to do so, you may give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
22.6. If you do choose to cancel your Order for late delivery you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
23. INTERNATIONAL DELIVERY
23.1. We cannot deliver tobacco products to international destinations.
24. PRICE OF PRODUCTS AND DELIVERY CHARGES
24.1. The prices of the Products will be as quoted on our site at the time you submit your order.
24.2. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
24.3. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
24.4. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
24.5. The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
24.6. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.