Awin | FREESMO Affiliate Programme

Terms and Conditions

Published 16/05/2024, effective from 16/05/2024, version: 2.0

Before You: (i) use the Website; (ii) order any Products through the Website, (iii) use services provided by Freesmo (including but not limited to Support Services (as defined below)please read these Terms and Conditions carefully. Please note that these Terms and Conditions may be amended from time to time at Our sole discretion. Any changes will be effective immediately on posting to the Website. You should review these Terms and Conditions regularly to ensure You understand the terms that apply when you use the Website. We will try to give You reasonable notice of any major changes to these Terms and Conditions before they become effective. Your continued use of the Website following any modifications will signify your acceptance of the revised Terms and Conditions. If you do not agree to any changes you should stop using the Website immediately. Please note that We do not operate as a traditional e-shop where You can choose from thousands of products. Instead, You will be presented with a targeted offer of only a few Products based on the Freesmo Recommendation Model. All Product pictures on the Website are illustrative only and there may be minor variances between the Product pictures on the Website and the Products themselves (however the Products will always match the description provided).

1. Definitions

Support Services
Customer support services provided by Freesmo to individuals who have purchased Products from the Website, including but not limited to provision of a 'Smokefree Leaflet' and support/resource provided via email or chat (including tips and tricks for transitioning from combustible cigarettes to the Products).

Consumers
Individuals who: (i) access, browse and use the Website (including but not limited to the Freesmo Recommendation Model); (ii) have purchased Products from the Website; (iii) use services provided by Freesmo (including but not limited to Support Services).

Freesmo, We, Us, Our
Freesmo Limited.

Freesmo Recommendation Model
A decision-making matrix and recommendation model on the Website which recommends three Products to You based on: (i) Your inputs via a form; (ii) independent feedback from our research participants and Product reviews; and (iii) Product information.

Product(s)
POD vapes (with cartridges), disposable e-cigarettes, heated tobacco products, nicotine pouches, vapes with e-liquids (each of which may contain tobacco and/or nicotine) which are offered for sale on the Website.

Terms of Sale
The terms set out at Annex 1, which apply to You if You purchase a Product.

Website
https://freesmo.co.uk/

You, Your
The Consumer accessing and using the Website, whether to order Products or otherwise.

2. Who are We?

Company Name: Freesmo Limited
Registered address: 12 Palmyra Road, Bristol, BS3 3HU, United Kingdom
Company Number: 15249787
VAT Number: 454 1701 13
Contact details:
Phone number: +44 789 627 6428
Email address: info@freesmo.co.uk

We are the operator of the Website, provider of the Freesmo Recommendation Model / Suppor Services and the seller of the Products.

3. What are these Terms and Conditions for?

The Terms of Use apply to You if You: (i) access, browse or use the Website; or (ii) use the Freesmo Recommendation Model. The Terms of Sale apply to You if You order and purchase Products (e.g. by clicking on the button to complete an order of Products).

Your: (i) use of the Website means that You agree with the Terms of Use; and (ii) purchase of Products (e.g. by clicking on the button to complete the order) means that You agree with the Terms of Sale. Once You agree to the applicable terms, they become binding on You. That means that You enter into a contract with Us and its content consists of the Terms of Use and/or Terms of Sale (as applicable).

4. Market Limitation and Age Limitation

At this stage, the Website is aimed only at customers in England and Wales. Therefore if You are in Northern Ireland, Scotland or from any other country outside the United Kingdom, unfortunately We cannot accept Your order.

You must be 18 years of age or over to access and use the Website and purchase the Products. Therefore, Your age will need to be verified before using the Freesmo Recommendation Model and / or before purchase and delivery of the Products.

You must confirm Your age truthfully on Our Website before using the Freesmo Recommendation Model. If You are found to be under 18 years of age or refuse to comply with Our age verification processes, You will not be allowed to use the Freesmo Recommendation Model or place an order on the Website.

5. Safety Warning:

Products that are sold on this Website may contain tobacco and/or nicotine which are highly addictive substances. Additionally, tobacco products damage Your health. Therefore, they are not intended for use by minors under the age of 18, and also they are not suitable for use by pregnant or lactating women, people who suffer from cardio-vascular diseases; persons suffering from seizure disorders or any persons who should avoid using tobacco or nicotine products for medical reasons.

Products: (i) are not medical devices; (ii) do not aid the cessation of smoking tobacco; and (iii) cannot treat or prevent disease of any kind. Quitting smoking entirely is always the best option for health, and the Products can still present dangers to health.

6. How can I use the Freesmo Recommendation Model?

We would like to help You navigate the thousands of choices on the market in the field of alternatives to traditional smoking by recommending the best Products to You. For this reason We developed the Freesmo Recommendation Model. Please note, the Freesmo Recommendation Model does not consider the medical suitability of Products for You.

To use the Freesmo Recommendation Model You will need to complete a questionnaire (the "Questionnaire"). You can choose whether to complete the short or long form Questionnaire. Both versions of the Questionnaire have the same validity for the purpose of recommending Products. The personal data You input to the Questionnaire is processed in compliance with Our Privacy Policy and applicable law.

In principle, the Freesmo Recommendation Model is based on: (i) Your data inputs (being Your responses in the Questionnaire relating to usage and consumption); (ii) independent feedback from our research participants in the United Kingdom (iii) Product data inputs (e.g. Product sales information, device and refills parameters, ratings and reviews of devices and flavours). You can buy any, or none, of the recommended Products

The long form Questionnaire includes a number of sections which are not used by the Freesmo Recommendation Model (e.g. relating to Your favorite brand, flavours and strength). This data will be used by Us to provide You with additional recommendations in the event that You are not satisfied with the recommendations from the Freesmo Recommendation Model.

Please note that the Freesmo Recommendation Model: (i) does not take into account the medical suitability of any Product for You; and (ii) should not be deemed to provide medical advice. We are not qualified to provide medical advice, therefore if You are unsure about the medical suitability of any Product, please contact a qualified expert or Your general practitioner for advice. We are not responsible for any medical issues that can arise while You are using the Products (subject to: (i) the Products complying with all applicable laws; and (ii) Our compliance with these Terms and Conditions and all applicable laws).

7. Website Availability

The Websites is intended to be available 24 hours a day, 7 days a week. Although We do Our best to prevent Website outages, some exceptional outages can happen. If any such outages occur due to events wholly outside Our control, We will not be liable for failure to keep the Website available (as long as We notify you of the outage and have taken reasonable steps to mitigate any loss).

From time to time We also need to carry out operational maintenance, during which time the Website will be unavailable. We will try to give You reasonable notice (via email and on the Website) of any suspension or withdrawal of access to the Website.

8. Information on the Website

The content on the Website is provided for general information only. You should not rely on the recommendations, advice or any information of any kind provided on the Website (“Recommendation”) (including but not limited to in relation to the Support Services). You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of a Recommendation.

You acknowledge the inherent risks involved in relying on Our Recommendations and agree to take responsibility for any losses arising from those risks. We are not responsible for (or liable for losses arising from) decisions made based on such Recommendations, however: (i) this exclusion of liability does not apply to any information relating to the Products; and (ii) We do not exclude or limit in any way Our liability to You where it would be unlawful to do so (including liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors and for fraud or fraudulent misrepresentation).

9. Final provisions

These Terms and Conditions are governed by laws of England and Wales, and the courts of England and Wales will have exclusive jurisdiction.

We will only use Your personal information as set out in Our Privacy Policy, which can be found here: Privacy Policy.

10. Changes to these Terms and Conditions

Last update: 16/05/2024
. Changes:

Payment terms (Art. 2): Online instant payment by debit or credit card introduced, the option to use deferred payments now only for randomly selected customers
Withdrawal right (Art. 6): Different scope of withdrawal right between Free Trial Period for Your first order of Product(s) and Subsequent Orders of Product(s)

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Annex No. 1 - Terms of Sale

(link to the Annex 1)

Annex No. 2 - Return Request Form (Cancellation Form)

(link to the Annex 2)