Terms and Conditions

Welcome to our website (the “Site”), which is owned and operated by Custom Cloudz (PTY) Ltd based in South Africa trading as Custom Cloudz with registration number 2020/209926/07. Custom Cloudz maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site (“Terms of Use”). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. Custom Cloudz, in its sole discretion, reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.

Use of this website is subject to the following terms and conditions. By making use of this website, you accept all the terms and conditions listed in this document, as well as other applicable laws.

You must be 18 years or older to use this website. By using this website you agree that you are 18 years or older.

Use of Content on the Site

  • You may view, download, and print contents from the Site subject to the following conditions:
    • the content may be used solely for information purposes; and
    • the content may not be modified or altered in any way.
  • You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.
  • You may not frame or utilize framing techniques to enclose any logo, or other proprietary information (including images, text, page layout, or form) of Custom Cloudz without the express prior written consent of Custom Cloudz management.

Copyright Information

  • The Site and the content within the Site are the property of Custom Cloudz or its suppliers and are protected by South African copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of Custom Cloudz. Custom Cloudz reserves all rights in the Site and its content not specifically granted in any agreements with Custom Cloudz or in the Terms of Use.

Copyright Infringement

  • Custom Cloudz respects the intellectual property of others. If you believe that your work or the work of others has been copied in a way that constitutes copyright infringement, please send email to [email protected] to report the infringement.

 

Description of Business

Custom Cloudz

  • Physical and online retail store trading in vape and vape related products. Our products are sourced from local or international suppliers on a case-by-case basis. We take every available precaution to make sure that the products we trade are authentic and safe to use.

Company Physical Address:

117 Mitchell Street
George
6529
Western Cape
South Africa

Contact Information:

 

The Website

Country of domicile

  • This website is governed by the laws of South Africa and Custom Cloudz 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.

Applicable Laws

  • All matters relating to your access to and use of the Site shall be governed by South African law or the laws of the province of where the specific website you are viewing is hosted without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in the appropriate court in the jurisdiction in which the specific website you are viewing is hosted.
  • If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.

Responsibility

  • Custom Cloudz 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.

Products and Services Offered By Custom Cloudz on the Site

  • Custom Cloudz offers products and services on the Site. When you enroll to obtain a product or service from Custom Cloudz on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. In the event that no agreement exists for a specific product or service, your use of any such product or service is governed by the general Service Agreement that is contained within this document. Except as provided in the relevant agreement, Custom Cloudz does not warrant that any product descriptions or content contained in this Web site is accurate, current, reliable, complete, or error-free.

Human error exemption

  • Custom Cloudz will not be held responsible for any misinformation listed on the website, we do however make every effort to keep the information on the customer facing side of the website is accurate, current, reliable, complete, or error-free.
  • Custom Cloudz reserves the right to cancel and refund any orders placed under misinformation on the website in the form of:
    • Pictures
    • Descriptions
    • Specifications
    • Prices
    • Colours
    • Quantities
    • Nicotine strength
    • Typographical errors

Product images

  • Product images are for illustrative purposes only and may vary from actual product. We do make every effort to provide the closest representation of the actual product.

Comments and Forum Posts

  • You may submit comments in the Custom Cloudz forums and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe upon the intellectual property of a third party. Further, such content may not contain software viruses, unsolicited commercial email (UCE or “spam”), chain letters, or any other form of spam. You may not use a false e-mail address, impersonate another person or entity, or otherwise provide misleading information as to the origin of the comments or submissions.
  • By submitting information, you grant Custom Cloudz a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information, you also represent and warrant that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity.

Third Party Websites and Links

  • The Site may provide hyperlinks to third party Websites or access to third party content and information. Custom Cloudz does not control, endorse, or guarantee content found in such sites. You agree that Custom Cloudz is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that Custom Cloudz shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.

Disclaimer

  • Except as expressly stated in any agreement between you and Custom Cloudz, all contents, services, products and software provided on this web site are provided “as is” without warranty of any kind, either express or implied. Custom Cloudz disclaims all warranties, express or implied including, without limitation, those of merchantability, fitness for a particular purpose and noninfringement. You are solely responsible for the appropriateness of the site, its contents, and the products and services offered by Custom Cloudz on the site for your intended application and use. Custom Cloudz does not warrant that the site, its contents, or the products and services it offers on the site meet your requirements. Subject to the terms of any agreement between you and Custom Cloudz, Custom Cloudz shall not be liable for any direct, special, consequential, incidental, or punitive damages, even if Custom Cloudz has been advised of the possibility of such damage.

Indemnification 

  • You agree to indemnify, defend, and hold harmless Custom Cloudz, its officers, directors, employees, agents, attorneys, licensors and suppliers (“Indemnities”) from and against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, resulting from any violation of these terms and conditions or in connection with your use of the Site or any hyperlinked Web site or resulting from content you supply.

Use of site

  • Harassment in any manner or form on the site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Custom Cloudz employee, other licensed employee, host or representative is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or public rights, abusive illegal, or otherwise objectionable with may constitute or encourage a criminal offence, violate the rights of any party of which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit other so to join or become members of any other commercial online service or other organisation.

Customer Privacy policy

  • Custom Cloudz (Pty) LTD 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) and Protection of personal information (POPI).

 

Payment

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).

Payment options accepted

  • Payment may be made via Visa, MasterCard, or by bank transfer into the Custom Cloudz bank account, the details of which will be provided on request.

Card acquiring, and security

Customer details separate from card details

  • Customer details will be stored by Custom Cloudz separately from card details which are entered by the customer on Yoco or Payflex secure sites. For more detail on YOCO and Payflex refer to https://www.yoco.com/za/ and https://payflex.co.za/

 

Online Purchases

Delivery Policy

  • Online orders will only be delivered to addresses in South Africa.
  • We offer various shipping options. Economy Shipping is typically a 3 to 5 business day service and is available at R70.00 nationwide.
  • Priority Shipping is typically a 1 to 2 business day service (often delivering the next day, as in overnight) and is available at R130.00 nationwide.
  • All orders over R 1 000 will receive FREE Economy Shipping.
  • Online orders will be processed within 24 hours during weekdays, Monday to Friday.
  • Orders placed after 5pm on Fridays will be processed the following Monday.
  • Orders placed on Saturdays and Sundays will be processed the following Monday.
  • While we make every effort to turn around orders as quickly as possible, certain cutoffs MIGHT apply. To be safe, orders placed before 2:00pm on a weekday (excluding Fridays, see above) will be booked with our courier for processing the same day. Please bare in mind that our couriers are an external provider with their own terms and conditions and are subject to their own “hiccups” from time to time. We do manage them as proactively as possible though.
  • Once processed, orders will be collected by the courier the following weekday. Tracking details will then be provided.
  • Orders will be cancelled without notice should they remain unpaid for more than 24 hours.

Please note: Orders will only be processed once payment has been received. When using EFT as a payment method please send your proof of payment to [email protected] .

Pick up in store.

  • Once the order has been placed and payment has been received the order will be processed and ready for pick up immediately.

Please note: Orders will only be processed once payment has been received. When using EFT as a payment method please send your proof of payment to [email protected] .

Pay in store.

  • This option is not available for deliveries.
  • Once the order has been placed the order will be processed and ready for pick up immediately.

Please note: Orders will only be allowed to leave the premises once payment has been made in full.

Return and Refunds policy

  • Due to the nature of the products, e-liquid and coils will not be returned, exchanged or refunded.
  • No warranty or guarantee on any coils and pods.
  • The provision of goods and services by Custom Cloudz is subject to availability. In cases of unavailability, Custom Cloudz will credit the customer in full within 20 days.
  • Cancellations of orders by the customer made before processing is complete will attract a 5 % administration fee.
  • Cancellations after processing is complete will attract a 10% administration fee and an additional R99 packaging and shipping fee.
  • Cancellations while in transit will require the customer to send the package, unopened, back to Custom Cloudz. A 10% administration fee and a R99 packaging and shipping fee will still be accrued. Please use door to door couriers. We do not collect from third party depos.
  • Orders can be cancelled by sending an email to [email protected]. Cancelation fees will apply.
  • Customers are requested, upon receiving packages to inspect sealed items to ensure the correct items or variants of an item (colour, size, resistance, nicotine strength etc.) were sent before opening/unboxing/unsealing. If incorrect items or variants of items were sent, contact Custom Cloudz within 24 hours to return and exchange or credit the items.
  • Any unsealed products will affect the return of the times.
  • Customers are to inspect items and, if any items are damaged or DOA, contact Custom Cloudz within 24 hours to return and exchange or credit the items.
  • Damaged, DOA and incorrect items will only be exchanged once items are returned, provided Custom Cloudz gets notified within three days of delivery. Subject to stock availability. In cases of unavailability, Custom Cloudz will credit the customer in full within 20 days. However, every effort will be made to make the process as quick as possible.
  • Warranty claims after the 24 hours and within three months will require the customer to send the items back to Custom Cloudz at their own expense. Please use door to door couriers. We do not collect from third party depos.
  • Please refer to the product manufacturer for warranty claims after three months.
  • When returning items to Custom Cloudz please ensure all the relevant parts and packaging are included.
  • All products in transit from customers to Custom Cloudz will remain the responsibility of the customer until signed for in store.
  • Custom Cloudz is allowed up to 20 working days to inspect returned items before exchanges, refunds, or store credit is awarded. However, every effort will be made to make the process as quick as possible.
  • Should Custom Cloudz find evidence of user abuse or negligence, no exchange, refund or store credit will be awarded. Items will be returned to the customer at their own expense.