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Terms Of Service

Terms of Service

Terms of Service and Online Store Rules Poco Vape Shop • Strict Compliance with EU and TPD Regulations

⚠️ STRICT DECLARATION: MANDATORY AGE VERIFICATION (18+/21+) The tobacco-derived and related products sold in this store (including disposable vapes, pods, vaping devices, and e-liquids) are strictly intended for purchase by adults of legal smoking age. By accessing or using this website, you represent and warrant that you are of legal age. We implement a strict dual age verification mechanism (system verification at checkout + ID check by the courier upon delivery). We maintain a zero-tolerance policy towards underage sales.

Article 1. General Provisions

  1. Operating Entity: These rules stipulate the legal terms for using the online store www.pocovapeshop.com (hereinafter referred to as the “Store”), operated by Poco Vape Shop (hereinafter referred to as the “Seller” or “we”).

  2. Business Scope: The Store engages in the cross-border sale of electronic cigarettes and related accessories via the Internet (B2C and B2B).

  3. Legal Basis: These terms are formulated strictly in accordance with the applicable laws of the operating location and primary target markets (e.g., the EU), including but not limited to:

    • The EU Consumer Rights Directive (2011/83/EU);

    • The General Data Protection Regulation (GDPR, 2016/679);

    • The EU Tobacco Products Directive (TPD, 2014/40/EU);

    • Applicable local e-commerce and consumer protection laws.

  4. Acceptance of Terms: Before using this Store, registering an account, or placing an order, customers must read and agree to these terms. Checking the agreement box or completing a payment constitutes a legally binding contract.

Article 2. TPD Compliance and Mandatory Age Verification

  1. Legal Boundaries: In accordance with the EU TPD and national implementing regulations, the sale of nicotine-containing products and e-cigarette devices to persons under the age of 18 (or 21 in certain jurisdictions) is strictly prohibited.

  2. Dual Verification Mechanism:

    • Phase 1 (Online Intercept): Customers must confirm their legal identity through an age declaration or an integrated third-party age verification gateway when accessing the site and during checkout.

    • Phase 2 (Logistics Verification): The carrier (courier) is legally obligated to request a valid official photo ID from the recipient upon delivery of the package.

  3. Liability for Breach: If a package is rejected or returned because the recipient is a minor, refuses to show an ID, or provides a false identity, the buyer shall bear all resulting shipping costs, return fees, and potential customs fines, which the Seller reserves the right to deduct directly from any refunds.

Article 3. Provision of Electronic Services

  1. Services Provided: The Seller provides the following electronic services free of charge: customer account management, an interactive shopping cart and checkout system, and a newsletter (subject to customer subscription).

  2. Service Termination: Customers may terminate their account at any time via account settings or by emailing customer service. If a customer violates these rules (especially engaging in fraudulent resale or underage purchasing), the Seller reserves the right to unilaterally ban the account and refuse service without prior notice.

Article 4. Order Generation and Pricing

  1. Pricing: All prices displayed in the Store are based on the settlement currency (e.g., EUR or USD). Prices may or may not include Value Added Tax (VAT) and excise duties of the destination country, depending on the tax calculation rules at checkout (e.g., the IOSS mechanism). Any customs duties incurred upon importation are the sole responsibility of the buyer.

  2. Contract Formation: The “Order Received” email sent by the system after order submission and successful payment is merely a confirmation of receipt. A binding sales contract between the buyer and the Seller is only formally concluded when the Seller actually dispatches the goods and sends a “Shipping Confirmation” email.

  3. Anti-Fraud and Right of Refusal: The Seller reserves the right to unilaterally cancel an order if:

    • The system’s risk assessment indicates a high probability of fraud;

    • There is suspicion that the customer has not reached the legal smoking age;

    • There is suspicion that a retail order is being used for illegal, unauthorized commercial resale (B2B wholesale must use the dedicated channel).

Article 5. Payment and Logistics

  1. Secure Payment: We support PCI-DSS Level 1 compliant credit/debit cards and other local payment methods. All transaction data is end-to-end encrypted using SSL technology. The Seller does not store any plaintext payment information.

  2. Shipping Time: Standard orders will be processed within 1-3 business days after payment confirmation. Delivery times depend on the buyer’s chosen logistics provider and customs clearance speed. The Seller is not liable for delays caused by force majeure or customs inspections.

Article 6. Right of Withdrawal (Returns) & 🚨 Strict Hygiene Exemptions

  1. 14-Day Return for Unopened Goods: Under the EU Consumer Rights Directive, consumers have the right to withdraw from the contract within 14 days of receiving the goods without providing a reason and without incurring a penalty. The buyer is responsible for return shipping costs.

  2. 🚨 Health & Hygiene Exemption (Core Disclaimer): Due to the specific nature of e-cigarette products, and in accordance with the exemptions regarding “health protection and hygiene reasons” in consumer protection laws, the following items are strictly non-returnable and non-refundable once their original sealed packaging (e.g., shrink wrap, security seals, cardboard box tabs) has been opened, broken, or shows signs of use after delivery:

    • All disposable vapes;

    • All e-liquids and pre-filled pods;

    • Replacement coils and drip tips.

  3. Refund Process: For eligible returns, the Seller will refund the purchase amount (excluding expedited shipping costs chosen by the buyer) to the original payment method within 14 business days after receiving and inspecting the returned goods.

Article 7. Product Quality Assurance and Complaints

  1. Conformity Guarantee: The Seller is obligated to deliver goods that conform to the contract description.

  2. Reasonable Wear and Tear Exemption: E-cigarettes are consumable products. The following scenarios do not constitute product defects and are not covered by free warranty or replacement:

    • Depletion of disposable vape batteries or e-liquid (lifespan depends on individual vaping habits; advertised puff counts are estimates only);

    • Burnt taste or degraded coils (resulting from normal physical wear or improper operation);

    • Mechanical damage caused by apparent human error, such as dropping, water damage, or using non-original chargers.

  3. Claim Procedure: In the event of a product being Dead on Arrival (DOA), the customer must send photos/videos of the product and a description of the issue to customer service within 48 hours of receipt. The Seller will provide a solution—such as a replacement, partial refund, or store credit—within 7-14 days.

Article 8. Data Protection and Privacy (GDPR)

The collection and processing of customers’ personal data strictly comply with GDPR regulations. We process your information solely for the purposes of order fulfillment, mandatory age verification, and necessary fraud prevention. For detailed information, please refer to the separate Privacy Policy available at the bottom of our website.

Article 9. Dispute Resolution and Out-of-Court Settlement (ODR)

  1. We encourage resolving any customer disputes through amicable negotiation; please contact our customer service team first.

  2. Consumers in the EU have the right to use the Online Dispute Resolution (ODR) platform provided by the European Commission. The platform is accessible at: https://ec.europa.eu/consumers/odr.

Article 10. Final Provisions

  1. Language of Agreement: These terms may be provided in multiple languages (e.g., English, Polish, German). In the event of any discrepancies between the translated versions, the English version shall prevail.

  2. Amendments: The Seller reserves the right to update these terms at any time due to legal compliance requirements or business adjustments. Modified terms will take effect immediately upon publication on the website but will not apply retroactively to orders placed before the modification.