1. Ten Motives is a trading name of Nicoventures Retail (UK) Limited whose registered office is at Building 7, Chiswick Business Park, 566 Chiswick High Road, London, W4 5YG (“we”, “our”, or “us” as applicable).
2. The Ten Motives Subscription Terms & Conditions (“Terms”) are listed below. If you have any questions about our subscription services or products, please contact us at 01270 897 444 / [email protected]. The Ten Motives Care team operate within the hours of 6am to 6pm Monday to Saturday, excluding Bank Holidays.
3. We may amend these Terms from time to time. Unless we expressly provide a delayed effective date, all amendments will be immediately effective on the posting of such updated Terms. Your continued use of our Ten Motives subscription services constitutes your consent to be bound by these Terms, as amended from time to time. Please therefore check this page occasionally to ensure that you’re happy with any changes to these Terms.
HOW TO CREATE A SUBSCRIPTION
4. To create a subscription, you must be an existing smoker or vaper, aged 18 years or over, with a UK registered postal address, have an account profile set up within 10motives.com and provide a valid Payment Method (as described below) (“Subscription”).
5. Each successful Subscription created by you will become immediately effective upon completion of the checkout process for that particular Subscription, until such time as the Subscription is cancelled or terminated (as described below) or modified or paused by you or by us in accordance with these Terms.
6. Once you have successfully created a Subscription you will receive an email from us to confirm that your Subscription is active.
7. We are not responsible or liable for any errors, omissions or faults caused by you during the creation of any Subscription and you warrant that any and all information provided by you is true and accurate. If you require further assistance on how to create a Subscription, please visit the Subscription page on our Website or contact the Ten Motives Care team.
8. Once your Subscription reaches the end of its current term, as selected by you during the creation process, it will automatically renew on a rolling 1-month basis until cancelled, paused or modified by you (see below for further details).
9. Subscriptions are only available on Ten Motives refills and in the quantities as presented on the Website from time to time (“Products”).
10. You may create multiple Subscriptions at any given time. If you wish to cancel, amend or pause an existing Subscription, you can do so by logging in to your account profile and accessing your Subscriptions. Please contact the Ten Motives Care team for further assistance.
11. If you pause or amend the details of your Subscription, all such changes to your Subscription shall be governed by these Terms and these Terms shall continue to apply until your Subscription is either cancelled or terminated in accordance with these Terms.
12. You acknowledge that the Subscription price (as applicable from time to time) cannot be used in conjunction with any other price structures available on the Products (or any other offer generally available through Ten Motives) as published by us from time to time.
13. You acknowledge that the Subscription price (as applicable from time to time) cannot be used in conjunction with any other price structures available on the Products (or any other offer generally available through Ten Motives) as published by us from time to time.
14. We will use commercially reasonable endeavours to ensure the availability of the Products on our Website but cannot guarantee any Product availability. In the event any of the Products placed under a Subscription are out of stock (regardless of whether this is due to normal stock fluctuations or any event outside of our reasonable control), we will not be able to deliver the relevant aspects of the Subscription to you and will not be liable for any consequences suffered or incurred by you as a result. If this event occurs, your Subscription will be paused and the procedure as set out in clause 25 will apply. If you are unable to log-in to your Ten Motives account to resume your Subscription then please get in touch with our customer care team on 01270 897 444 or at [email protected] and they will be happy to assist you with the process.
15. We only accept payment by Visa or MasterCard ("Payment Method”). We reserve the right to update and/or otherwise amend your chosen Payment Method from time to time.
16. By registering for a Subscription, you authorise us to charge your Payment Method for your initial Subscription and each Subscription created thereafter in accordance with the applicable Subscription price(s) as published by us and as applicable from time to time. Please note that the Ten Motives payment facility is operated by Worldpay, who will process your chosen Payment Method on our behalf. Your use of the Ten Motives payment facility will be subject to their terms and conditions. You should ensure that you have read and agree with the Worldpay terms and conditions before using the Ten Motives payment facility.
18. When you create a Subscription, your first Subscription fee will be billed immediately. Unless we expressly communicate otherwise, any subsequent fees relating to your Subscription will be charged on the date the Products are dispatched to you until such time as your Subscription is cancelled by you or by us in accordance with these Terms.
19. The fees, if any, for each dispatched Subscription delivery will be billed to the Payment Method chosen by you to create the relevant Subscription or as otherwise directed by you from time to time. If we are unable to obtain payment from you for your Subscription order for any reason, we will notify you via e-mail asking you to resolve the problem. Your Subscription will be placed on hold and no additional orders will be processed or shipped until the problem has been resolved by you. If the payment issue is not resolved within a reasonable time from you being notified by us, we reserve the right to cancel your Subscription immediately without notice to you.
20. All Subscriptions are subject to standard delivery dispatch only and therefore exclude any ‘next day’ or ‘Saturday’ delivery options. Please see our Delivery & Returns terms for further information.
21. Standard delivery will be provided for all Subscriptions without any additional fees being charged to you.
22. Please note that further delivery restrictions may apply to your Subscription(s). For further information on delivery restrictions (in particular, relating to certain geographical delivery restrictions) please see our Delivery & Returns terms for further information.
CANCELLING AND PAUSING YOUR SUBSCRIPTION
23. There may be occasions when, despite our efforts, we are unable to dispatch the Products relating to your Subscription. This may include (but is not limited to) circumstances where any of the Products in your Subscription are out of stock (whether due to normal stock fluctuations or otherwise) or have otherwise been discontinued at the time your Subscription is due to be dispatched.
24. If any of the events under clause 24 arise, the following procedure will apply:
i. You will receive an email from us to confirm that there has been an issue with your Subscription and that delivery of your Products will not take place. In the email, you will be asked to log-in to your Ten Motives account via 10motives.com and navigate to “My Subscriptions”. If your Product is displaying as “out-of-stock", click on “Update flavours” and add an alternative Product to your Subscription. If your Product is displaying as back in stock, you will need to click on “Restart” to resume your Subscription.
ii. The Ten Motives team may also contact you directly to see if they can provide a remedy to the Subscription issue.
iii. If you do not wish to choose an alternative Product, then you may cancel your Subscription in accordance with clause 29.
iv. Once you have updated your Subscription by either (i) or (ii) above, your Subscription will be removed from the ‘paused’ state and the Subscription will resume normal activity.
v. Your Subscription order will be processed the next calendar day after you update your Subscription, and this date will become your new monthly order processing date.
vi. If you do not resume your Subscription using the steps above, then your Subscription will remain paused and your Subscription order will not be processed. You will not be charged for your Subscription whilst it is paused.
25. There may be occasions when you decide that you wish to ‘pause’ your own Subscription. For example, you may wish to do this if you know that you will be away on holiday. If you would like to pause an existing live Subscription, please undertake the following steps:
i. Please login to your personal Ten Motives Account;
ii. Click the ‘Subscriptions’ tab; and
iii. Click the ‘Pause Subscription’ button.
26. Please note that the ‘pause’ function may only be used once per Subscription and all Subscriptions that have been placed in a ‘paused’ state by you, in accordance with clause 26 above, will only remain paused for a period of 1 month. Following this period, your Subscription will then be automatically reactivated and the applicable end date of the term for that particular Subscription will be extended accordingly. If you require further assistance with pausing your Subscription or if you have any other related queries, then please contact the Ten Motives team.
AMENDING YOUR SUBSCRIPTION
27. You may change your Subscription at any time to increase or decrease the quantities of cartridges. Any such changes may result, depending on your selection, in your Subscription Plan being changed (for example, from 10-19 packs to 30+ packs or vice versa) which may increase or decrease your Subscription costs. You can make changes in the My Subscriptions section of your account.
CANCELLING YOUR SUBSCRIPTION
28. You are entitled to cancel your Subscription, by notifying us in writing or by calling our Ten Motives Care team, within 14 days of receiving your first Subscription delivery (the ‘cooling-off’ period) provided you return any unused, unsealed Products to us. The opening of sealed items invalidates the right to cancel during this ‘cooling-off’ period. Once you have notified of us your decision to cancel, you will have a further 14 days from this point in which to return your sealed items to us. If you need further assistance with this process, please contact the Ten Motives Care team.
29. After the ‘cooling-off’ period of 14 days has passed, your Subscription can still be cancelled at any time by logging into your account and following the instructions contained in the My Subscriptions section of your account. Alternatively, you can notify us in writing or by phone.
30. If we receive your request to cancel a Subscription after dispatching any Product(s) to you, you must return the Product(s) to us in good, unused and sealed condition.
RETURN OF PRODUCTS
31. If you need to return any Products to us for any reason, please see further information how to do this under the ‘Delivery and Returns’ section of our standard Terms and Conditions or call our Ten Motives Care team for assistance.
32. Personal data that you provide to us by signing up to a Subscription will only be used in accordance with these Terms and our Privacy Notice. Please ensure that you have read our Privacy Notice before proceeding.
33. We reserve the right to end any Subscription(s) and/or decline the creation of any Subscription(s):
i. at any time;
ii. for any reason; and
iii. without notice to you.
34. We reserve the right (in our absolute discretion) to take any action we believe to be appropriate if we consider that any Ten Motives account holders are abusing the Subscription services, which may include (but not limited to) terminating your existing Ten Motives registered account.
35. If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
36. A failure by Ten Motives to exercise, or delay in exercising, a right, power or remedy provided by these Terms or by law shall not constitute a waiver of that, or any other, right, power or remedy and shall not, and nor shall any single or partial exercise of any such right, power or remedy, preclude the further exercise of that, or any other, right, power or remedy.
37. We do not accept any responsibility nor any liability (unless such liability cannot be lawfully excluded) for your use of the Subscription (including but not limited to use of your Subscription account) where such use is undertaken in a manner which is inconsistent with these Terms, the Ten Motives account user Terms and/or the Ten Motives Website User terms.
38. We do not accept responsibility and will not be liable (unless such liability cannot be lawfully excluded) for any losses, damages, expenses or other liabilities arising from or in connection with (whether direct or indirect) any technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind or for any errors solely due to the actions by you relating to a Subscription or for any circumstances beyond our control, including but not limited to, accident, fire, flood, acts of God, strike, lock-out or other industrial disputes (whether or not involving our employees) or legislative or administrative interference.
39. These Terms will be governed by English law and you hereby agree to submit to the exclusive jurisdiction of the courts of England and Wales.