TERMS AND CONDITIONS
Last updated: 20th February 2023
1. WHO WE ARE
1.1 When you purchase goods from Ooka.com (the “Website”), you are purchasing goods from OOKA Heating Devices LLC, a Dubai mainland company with commercial licence number 1055048 (“OOKA”, "we", "us" or "our") and your contract for sale is with this company.
1.2 You can contact us at email@example.com.
2. OUR TERMS AND PRODUCTS
2.3. This Website is only for people who are 18 years or over and intended for adult smokers who reside in the United Arab Emirates.
2.4. Some of the products on the Website contain nicotine which is an addictive substance. Products which contain nicotine should not be used by pregnant or breastfeeding women or persons in ill health. By setting up an account or using the Website, you confirm that you are at least 18 years of age. When you order products on the Website, you are responsible for ensuring that those products are not used by minors. Whilst we ensure the products are made to high standards, you acknowledge and accept that you use the products at your own risk.
3. REGISTRATION AND ACCOUNTS
3.1.1. You must be 18 years or older to set up an account.
3.1.2. You may register for an account by completing and submitting the account registration form on the Website and clicking on the verification link in the email that the Website will send to you.
3.1.3. You must provide accurate information when setting up an account.
3.1.4. You must not allow any other person to use your account and must notify us in writing immediately if you become aware of any unauthorised use of your account.
3.1.5. You must not use any other person's account.
3.1.6. You will be asked to choose a user ID and password upon confirming your email address. You must keep your account password confidential nor use your account or login credentials to impersonate another person.
3.1.7. You are responsible for any activity on the Website arising out of any failure to keep your password confidential and you may be held liable for any losses arising out of such a failure.
3.2. You are responsible for any activity on the Website arising out of any failure to keep your password confidential and you may be held liable for any losses arising out of such a failure.
3.3. You may cancel your account on our Website at any time by using your account control panel on the Website or by contacting us.
4.1. Changes to the Website. We may update and change our Website and these terms from time to time to reflect changes to the products, our users' needs and our business priorities or to comply with any legal or regulatory requirements. Any changes in the terms will not have retroactive effect.
4.2. Suspension or withdrawal of our Website. Our Website is made available free of charge. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4.3. Third-party Links/ Content. We are not responsible for any third-party websites or content we link to. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those third-party sites or resources and therefore such links or any information you may obtain from them should not be interpreted as being recommended or approved by us.
4.4. Intellectual Property and Right to Use the Website. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content, the layout and any logos or brand names supplied as part of the Website shall at all times be owned by us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
4.5. You acknowledge and agree that the material and content contained within the Website is made available for your personal, non-commercial use only. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
4.6. Use Restrictions. You must not misuse our Website by introducing viruses or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
4.7. Compliance with Laws. This Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
5. OUR OBLIGATIONS TO YOU
5.1. Whilst we do our best to provide accurate and up-to-date information, we provide this Website to you on an “as is” basis and we do not accept any liability to you in respect of your use of the Website except as set out below.
5.2. We do not guarantee that the Website is accurate, up-to-date or error-free nor that it will always be available or that your use of the Website will be uninterrupted.
5.3. We accept no liability as to the suitability or fitness for purpose of the Website and exclude all express and implied warranties in this regard.
5.4. We do not guarantee that the Website or its infrastructure are free of bugs, viruses or other malicious software.
5.5. You acknowledge and agree that the operation of the Website is dependent upon an effective internet connection and other third-party equipment and services (including your device or web browser) and that we are in no way responsible for these factors. You are responsible for configuring your information technology, computer programmes and platform to access our Website and should use your own virus protection software.
5.6. 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 the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
6. OTHER IMPORTANT TERMS
6.1. We can transfer our contract with you, so that a different organisation is responsible for supplying your Product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract. You can only transfer your contract with us to someone else if we agree to this.
6.2. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
6.3. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
6.4. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
6.5. These terms shall be governed by and construed in accordance with the laws of the United Arab Emirates and you exclusively submit to the courts of the United Arab Emirates for any disputes arising under these terms than cannot otherwise be resolved.
Last updated: 19th September 2023
1. When you purchase goods from Ooka.com (the “Website”), you are purchasing goods from OOKA Heating Devices LLC , a Dubai mainland company with commercial licence number 1055048 (“Ooka”, "we", "us" or "our") and your contract for sale is with this company.
2. OUR CONTRACT WITH YOU
2.1. These terms apply to all orders placed for products on www.ooka.com (“Products”) and govern your contract for the sale and delivery of the Products.
2.2. By setting up an account and placing an order you agree (by ticking the box) to be bound by these terms. If you do not agree to be bound by these terms, you will not be able to set up an account or place an order. You do not need to set up an account in order to place an order – instead, please order using the guest checkout.
2.3. You can only order our Products if you are 18 years old or above and reside in the United Arab Emirates. We reserve the right to cancel any order placed by someone under the age of 18 who does not reside in the United Arab Emirates.
2.4. These terms only apply to sales to consumers.
3. HOW TO CONTACT US If you have any queries about your order or the Products, please contact us by email to: firstname.lastname@example.org or via the live chat on the Website. Details of when our customer services team is available are set out on the Website.
4. USE OF OUR PRODUCTS Our Products contain nicotine which is an addictive substance. Products which contain nicotine should not be used by pregnant or breastfeeding women or persons in ill health. By setting up an account or using the Website, you confirm that you are at least 18 years of age. When you order Products, you are responsible for ensuring that Products are not used by minors. Whilst we ensure the Products are made to high standards, you acknowledge and accept that you use the Products at your own risk.
5. OUR OBLIGATIONS TO YOU We have a legal duty to supply you with the correct products, in the correct quantity and that match the product description set out on the Website. We take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system.
6. PLACING AN ORDER WITH US
6.1. You place an order for your Products on the Website by pressing the “Buy Now” button and completing the checkout process. You will be guided through this process by a series of simple instructions on the Website.
6.2. We will send you an order acknowledgement email shortly after you place your order, and an order confirmation email detailing the Products you have ordered. This order confirmation email does not constitute an acceptance of your order. Your order will be accepted when you receive a despatch email confirming that the Product has been despatched to you.
6.3. We reserve the right to reject orders if we need to, for example, because (i) a Product is unexpectedly out of stock, (ii) we can't verify your age (where the Product is age-restricted), (iii) you are located outside the UAE or our delivery areas, as stated on the Website, (iv) you have not provided information that we require in order to complete your order or (v) because the Product was mispriced by us. When this happens, we will let you know as soon as possible and refund any sums you have paid.
6.4. Please note that the resale of Products purchased via the Website is strictly prohibited.
7. MAKING CHANGES TO AN ORDER
7.1. If the Product(s) you ordered have already been collected from our warehouse we are unable to add or remove Products from your order.
7.2. If you simply change your mind, you’ll need to follow our cancellation procedure in paragraph 10. If you would like to add Products to an order, you will be required to place a new order for the additional Products.
7.3. If you need to change your delivery address please contact our customer services team at email@example.com or via the live chat on ooka.com and be ready to quote your order number and date.
7.4. Please be aware that there may be additional delivery costs payable for a change of address.
8.1. You can pay via the Website or by cash or card on delivery.
8.2. If you pay via the Website, your credit/ debit card will be charged when you place your order. We use a third party to process payments which is PCI DSS compliant and uses Secure Socket Layer (SSL) encryption and other certified encryption technologies to ensure the security of your payment details.
8.3. Payment will be made in the currency specified on the payment page of the Website. International credit card providers or banks will determine the exchange rate. If payment is made in a currency not issued as standard by the bank, they may add an additional processing or administration charge which the cardholder will be liable to pay.
8.4. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
9.1. At present, we only deliver to addresses in the UAE.
9.2. Your Products will be delivered via our third-party courier. Please be aware that age verification checks will be conducted and our delivery personnel reserve the right to refuse delivery where valid ID is not provided.
9.3. Depending on stock availability, we may split delivery of your order into several parts and deliver them separately.
9.4. The cost of delivery is not included in the price of the Products. There is no delivery charge for orders over AED 150. Delivery charge for orders under AED 150 will be itemised and added to your order total.
9.5. We will not be responsible for delivery delays outside of our control. If such delays occur, we will contact you as soon as possible to let you know and do what we can to reduce the delay.
10. CANCELLATIONS/ RETURNS POLICY- NON-DEFECTIVE AND DEFECTIVE GOODS
10.1. Device Returns Policy- No defects
10.1.1. If you change your mind, you can return the device to us up to 14 days after the date on which the Product was delivered to you and receive a full refund.
10.1.2. This is subject to the following conditions:
10.1.3. The Product is returned to us unused and in its original packaging with all hygiene seals still intact.
10.1.4. We will arrange for the device to be but collected from the original delivery address and cover the cost of this.
10.1.5. We may reduce your refund if you have used or damaged a Product (for example, removed hygiene seals) to compensate us for its reduced value. In some cases, because of the way in which the Product has been handled, no refund may be due.
10.1.6. We will aim to process your refund within 30 days of receiving the Product back.
10.2. Device Returns Policy- Defective goods
10.2.1. If the Product is defective, please call our customer service team who will first try to resolve the issue over the phone. If this is not possible, a member of our customer service team will visit you in person to try and resolve the issue. If it is not possible to resolve the issue in person, our customer service team will take the defective device away for diagnostic testing. During this time, we will provide you with a replacement device free of charge. Please note that the replacement device is being provided on a temporary loan basis and always remains the property of Ooka. You are however responsible for any damage, loss, or theft of the replacement device whilst it is in your possession and Ooka may recover the costs of any damaged, lost or stolen replacement devices from you. We will notify you of the results of the diagnostic tests once they are available. If the results show that there is a manufacturing defect in the device, we will repair or replace the defective device with a non-defective replacement as soon as possible at no charge, subject to the terms of our manufacturer’s warranty. We may also use our discretion to provide a refund in certain circumstances. If however the results show that the defect was caused by user error or misuse, normal wear and tear or accidental damage we will, along with the diagnostic test results, inform you of the costs for repair (if repair is possible) or replacement (if repair is not possible or cost effective), which you will be responsible for paying. If you agree to the costs outlined (which will include the costs of delivery), we will proceed with the repair or replacement upon receipt of payment and once it is ready, deliver the repaired or new device to you and retrieve the loaned replacement device. If you do not agree to the costs outlined, we will not be liable to repair or replace the device at no charge. If you opt not to repair or replace the device we will return your original device to you. YOU ACCEPT THAT ANY FURTHER USE OF AN UNREPAIRED DEVICE THAT IS RETURNED TO YOU IS COMPLETELY AT YOUR OWN RISK AND OOKA BEARS NO RESPONSIBILITY FOR SUCH USE.
10.3. Pod Returns Policy- No defects
10.3.1. Consumable products such as the pods are not subject to returns or refunds for hygiene reasons.
10.4. Pod Returns Policy- Defective goods
10.4.1. If the Product is defective, we will replace the Product with a non-defective replacement as soon as possible. We may also use our discretion to provide a refund in certain circumstances.
10.5. If you wish to exercise any of your rights above, please contact our customer service team at firstname.lastname@example.org or via the live chat on ooka.com and be ready to quote your order number and date.
10.6. If you are getting in touch about defective goods, please provide a description of the issue and photographic evidence where possible as this will help us deal with your issue.
11. MANUFACTURER’S WARRANTY In addition to the rights set out above (which are not affected by this additional warranty), all of our UAE customers have a goodwill 12-month warranty for devices bought from the Website. For more information about this warranty and how to make a claim please click here.
12. OUR LIABILITY TO YOU
12.1. We will be responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both us and you knew it might happen. Therefore, we don’t provide any compensation if the loss is unexpected, caused by events outside our control, could have been avoided by taking reasonable action or following our reasonable instructions for use or relates to your use of the Products in a commercial/ business context.
12.2. 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 the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
12.3. Once Products have been delivered, we accept no responsibility in the event of theft or misuse of the Products.
13. COMPLAINTS If you wish to make a complaint, please contact our Customer Service Team at email@example.com or via the live chat on ooka.com who will do their best to resolve any problems you have with us or our Products. If they are unable to deal with your enquiry, they will refer it to the relevant part of our business to resolve.
14. YOUR PRIVACY We will use your personal data in order to fulfil and deliver your order. Full details of how your personal data will be used is set out in the Website’s Privacy Notice which you can view here.
15. OTHER IMPORTANT TERMS THAT APPLY TO OUR CONTRACT We will use your personal data in order to fulfil and deliver your order. Full details of how your personal data will be used is set out in the Website’s Privacy Notice which you can view here.
15.1. We can suspend or withdraw the supply of a Product in order to:
• deal with technical problems or make minor technical changes;
• update or make changes the Product to reflect changes in relevant laws and regulatory requirements; or
• make changes to the Product.
We will contact you in advance to tell you we're suspending or withdrawing supply unless the problem is urgent or an emergency. If we have to withdraw or suspend a Product we will notify you via the Website or directly as soon as we can.
15.2. We reserve the right to change these terms from time to time but changes will not apply to any orders that we have already accepted prior to the change being made.
15.3. We can transfer our contract with you, so that a different organisation is responsible for supplying your Product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract. You can only transfer your contract with us to someone else if we agree to this.
15.4. Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
15.5. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
15.6. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
15.7. These terms shall be governed by and construed in accordance with the laws of the United Arab Emirates and you exclusively submit to the courts of the United Arab Emirates for any disputes arising under these terms than cannot otherwise be resolved.