These Terms and Conditions govern the use of the Funky Vapers Vape Juice (Pty) Ltd website (“T&Cs”), together with the Funky Vapers Privacy Policy. By accessing or using this website, you agree to be bound by these terms.

You must be at least 18 years of age to purchase products from this site. By using this website, you confirm that you are of legal age and accept these Terms and Conditions in full.

In accordance with Section 11 of the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”), these T&Cs are binding and enforceable against all persons who access the Funky Vapers website or purchase products offered online.

If you do not agree with these Terms and Conditions, you must stop using the website and refrain from placing any orders. Continued use of the website will be regarded as acceptance of these terms.

Definition and Interpretations

“Potential Client” or “User” refers to any natural or juristic person who accesses, browses or intends to purchase products from the Funky Vapers website.

“Funky Vapers” refers to Funky Vapers Vape Juice (Pty) Ltd, registration number 2021/930343/07, a company incorporated in accordance with the laws of the Republic of South Africa and operating as an online e-commerce store.

“Website” refers to www.funkyvapersvapejuice.co.za and any associated pages or hyperlinks.

The inclusion of hyperlinks in these Terms and Conditions does not affect their validity or interpretation, even if some or all links may become non-operational.

Nicotine Disclaimer

Funky Vapers Vape Juice (Pty) Ltd provides information relating to vaping products, including electronic cigarettes (e-cigarettes), personal vaporizers (PV), electronic nicotine delivery systems (ENDS) and e-liquids. These products contain nicotine and are intended for use by adults of legal smoking age only.

Nicotine is addictive and may have harmful effects. Vaping products should not be used by children, pregnant or breastfeeding women, or individuals with, or at risk of, conditions such as heart disease, high blood pressure, diabetes, or those taking medication for conditions such as depression or asthma.

Electronic cigarettes and related products are not medically recognised as smoking cessation devices and are not intended to diagnose, treat, cure or prevent any disease or medical condition.

Keep all vaping products out of reach of children and pets.

Website Availability

The user acknowledges and accepts that the website may be unavailable from time to time due to circumstances beyond the control of Funky Vapers. These may include technical issues with the website, failures of third-party systems, or interruptions in telecommunications or electricity services.

Funky Vapers shall not be held liable for any loss or damages resulting from the temporary unavailability of the website.

Prohibited Content and Practices

Users may not use the website to publish, upload, transmit or share any content that violates the laws of the Republic of South Africa. This includes content that is false, misleading, offensive, threatening, discriminatory, or that infringes on intellectual property rights or the privacy of any person. Any such material is regarded as “Prohibited Content.”

Users are strictly prohibited from engaging in activities that may harm Funky Vapers, other users or any third party. This includes:

  • Using the website in a way that may damage or disrupt its operation
  • Uploading or sharing Prohibited Content
  • Sharing information known to be false or misleading
  • Misrepresenting identity or providing false information
  • Sending unsolicited or unauthorized commercial content
  • Introducing viruses, malware or harmful code
  • Collecting or using personal information without authorization
  • Engaging in unauthorized advertising or promotional activities

Users or third parties who fail to comply with these Terms and Conditions may be held legally responsible for damages caused to Funky Vapers, its users or any third party.

Funky Vapers reserves the right to suspend or terminate access to the website or user accounts without prior notice in cases of prohibited, unlawful or abusive activity.

Funky Vapers shall not be held liable for damages resulting from Prohibited Content or Prohibited Practices carried out by users or third parties.

Availability, Errors & Inaccuracies

Funky Vapers does not guarantee the accuracy, completeness or reliability of information displayed on the website, including product pricing, images, specifications, availability or other content.

Funky Vapers reserves the right to update, modify or correct information on the website at any time without prior notice, including any errors, inaccuracies or omissions.

Electronic Communications

Any communication or material sent by the User or Client to Funky Vapers via email, the website or any other method, including data, questions, comments or suggestions, will be treated as non-confidential and non-proprietary unless otherwise agreed in writing.

Electronic communications will only be regarded as received once Funky Vapers has responded in a manner other than an automated reply.

All electronic communications are intended solely for the use of the intended recipient and may contain confidential information. Unauthorised access, disclosure, copying or distribution of such communications is prohibited and may be unlawful.

While Funky Vapers uses virus filtering systems, no guarantee is given that electronic communications are free from viruses or harmful components. Users are advised to use their own virus protection measures.

Unless clearly stated otherwise, the views expressed in electronic communications are those of the individual sender and do not necessarily reflect the views of Funky Vapers.

Intellectual Property Rights

All content on the Funky Vapers website is protected by copyright and other applicable intellectual property laws.

All intellectual property on the Funky Vapers platform, website and online products, including content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, images, icons and hyperlinks, is the property of or licensed to Funky Vapers and is protected by local and international laws and treaties.

Subject to the rights granted to users under these Terms and Conditions, all intellectual property rights are expressly reserved.

All rights, title and interest in the intellectual property remain the exclusive property of Funky Vapers. Any unauthorised use, reproduction, modification, distribution or resale of website content or materials is strictly prohibited and may result in legal action.

Indemnity & Warranties

Use of the Funky Vapers website and any information contained on it is entirely at the user’s own risk. By using the website, the user accepts full responsibility for any risks that may arise. Funky Vapers shall not be liable for damages resulting from the use of, or inability to use, the website or its content.

To the fullest extent permitted by law, Funky Vapers, including its directors, employees, partners, agents, suppliers and affiliates, shall not be liable for any indirect, incidental, special, consequential or punitive damages. This includes, but is not limited to:

  • Access to, use of, or inability to access or use the website
  • Any conduct or content of third parties on the website
  • Any content obtained from the website
  • Unauthorized access to, use of, or alteration of user data or communications

This limitation applies whether the claim is based on contract, warranty or delict (including negligence, but excluding gross negligence), even if Funky Vapers has been advised of the possibility of such damages.

While Funky Vapers takes reasonable steps to maintain the integrity and security of the website, no warranty is given that the website or downloaded content is free from viruses or harmful components. Users are advised to take appropriate precautions to protect their devices and data.

Links to Third-Party Platforms

Funky Vapers does not control or monitor content available through external links on the website and cannot guarantee the accuracy, reliability, origin or availability of such content.

Funky Vapers shall not be held liable for any loss or damage arising from the use of, reliance on, or inability to access third-party content or external links.

Disclosures Required by Section 43 of the ECTA

Access to the services, content, software and downloads available on this website may be classified as “electronic transactions” in terms of the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”). Users may therefore have certain rights as provided for under ECTA.

In compliance with ECTA, Funky Vapers provides the following information:

Data Protection

Funky Vapers is committed to protecting personal information in accordance with the Protection of Personal Information Act, 4 of 2013 (“POPIA”). All personal data is handled securely and in line with the requirements set out under POPIA.

Funky Vapers also takes reasonable steps to ensure that its service providers (“Operators”) comply with similar data protection and confidentiality standards as required under POPIA.

Sharing your Personal Information

Funky Vapers does not sell, trade or rent users’ personal information to third parties.

We may use trusted third-party service providers to assist with services such as email communications, newsletters and promotional campaigns. By completing registration or subscription forms and providing your contact details, you consent to the use of your information for these purposes, including by authorised third-party service providers.

Users may unsubscribe from marketing communications at any time.

Use of Cookies

The Funky Vapers website may use cookies to improve user experience and website functionality. Cookies are small files stored on a user’s device that may be used for record-keeping or to track certain information.

Users may configure their web browser to refuse cookies or alert them when cookies are being used. Please note that disabling cookies may affect the functionality of certain areas of the website.

Governing Law

This Agreement, including its validity, interpretation and enforcement, as well as the rights and obligations of the parties, shall be governed by and construed in accordance with the laws of the Republic of South Africa.