TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This website is operated by vape23.com (“VAPE23”). Throughout the site, the terms “we”, “us” and “our” refer to VAPE23. VAPE23 offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/ or performing activity on this site all users, including but not limited to users who are browsers, vendors, customers, merchants, and/ or contributors of content agree that access to and use of this site are subject to the following (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or other applicable law. If you do not agree to these Terms and Conditions, do not use this site.
VAPE23 may modify these Terms and Conditions at anytime. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. You can review the most current version of the Terms and Conditions at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
TERMS OF USE
DISCLAIMER OF WARRANTY: This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, VAPE23 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. VAPE23 does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. VAPE23 does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
DISCLAIMER OF PRODUCTS: These products are not intended to diagnose, treat, cure or prevent any disease. Information and statements made are for educational purposes and are not intended to replace the advice of your health care professional. By purchasing these products, you agree to use products at your own risk. Under no circumstances will VAPE23 be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on any product on this site. Our products are intended for ADULTS only. Our Products are not to be used by anyone under the legal smoking age of the state they reside in. Other Groups that should consult a physician before use Included (but are not limited to): Those who suffer from heart disease or high blood pressure. Pregnant, nursing, or those thinking of becoming pregnant. Those allergic to nicotine or other PG based products and additives.
DISCLAIMER OF BATTERY: By purchasing batteries from VAPE23 you are accepting full responsibility for proper battery care and usage. Batteries can fail without warning. The user must know the risks of lithium batteries and should have knowledge of how to care for them, charge and discharge them, and use them safely before using any device. Never leave charging batteries unattended or with coins or auto keys. Batteries may explode if mishandled. VAPE23, its employees and its authorized representatives will not be held liable or responsible for the use/misuse of lithium batteries, e-cigarette devices, or any battery chargers.
LIMITATION OF LIABILITY: VAPE23 shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if VAPE23 has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
ERRORS, INACCURACIES AND OMISSIONS: Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including but not limited to, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PRODUCTS OR SERVICES: Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
PURCHASE POLICY: By purchasing products from VAPE23 you certify and agree that you are 21 years of age, or the age set forth by the local laws you reside. In order to purchase you must have a resale certificate, business license and tax ID (for US businesses). We reserve the right to request additional documentation in support of requirements of valid information. We reserve the right to cancel any orders that are found to be placed by non-qualified accounts. We reserve the right to use third party age verification systems, in accordance with federal law.
By purchasing from VAPE23 you agree that you understand we do not manufacture products, but participate in the chain of commerce by distributing products that are made by a variety of manufacturers. The products VAPE23 provides for sale are manufactured by their own respective manufacturers.
In the event of any type of legal dispute related to a product defect including but not limited to manufacturer defects or defects related to the improper operation or storage, of any type of product sold by VAPE23, including but not limited to, e-cigarettes and related products, you agree to take up any potential product litigation or product liability disputes with the manufacturer of the product.
By purchasing from VAPE23 you agree to assume all product liability for products that you resell to your customers. VAPE23 will not be held liable for any damage, illness, injury or financial loss caused by the use of the products or inability to correctly and safely use the products purchased from VAPE23. In the event of a product liability dispute, you agree to take that dispute up with the specific manufacturer of the product.
CANCELLATIONS: We DO NOT offer cancellations of any such orders once the package has been shipped. Once the order is shipped you will be responsible for shipping costs if the package is refused and returned to us. VAPE23 reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and/or credit card charged.
SHIPPING: The processing time for orders can take up to 48 hours (2 Business Days).
We ship Monday - Friday, excluding Holidays. All orders placed between Friday evening through Sunday will be shipped the following Monday, excluding postal holidays and natural disasters.
Once your order is scanned by the selected delivery service it is under the sole care and control of any selected delivery agent to safely deliver the package to the purchaser or assigned recipient as assigned to in the shipping address. VAPE23 is not responsible for incorrect shipping information given by the purchaser. It is the sole responsibility of the purchaser to provide the correct shipping address information at the time of placing the order. Additional shipping costs will apply on all orders that are returned due to incorrect shipping information.
Shipping is a service you purchase from a delivery agent along with your order from us. VAPE23 is not responsible for delayed, misdelivered or stolen packages or delays caused by external forces. You will need to contact the carrier regarding delayed delivery and possible compensation. We take NO responsibility for lost, held, damaged packages, incorrect shipping info, stolen packages or misdelivery errors via delivery agents.
DAMAGED / INCORRECT / MISSING PRODUCTS: To claim an issue with your order the claim must be submitted within three days of the delivery date indicated by your tracking information. To submit a claim for damaged, incorrect, or missing products please send a photo and/or item name of the product to support@vape23.com with the order number and a description of the issue being claimed.
Missing product claims will be reviewed case by case. The claim of a missing product will be accepted upon our discretion. If a missing product claim is accepted a store credit will be issued, VAPE23 reserves the right to issue a credit.
RETURN POLICY: ALL SALES ARE FINAL. Returns will be accepted upon our discretion. We will only accept returns that have been authorized and given an RMA. Products approved for RMA must include original packaging. Products approved for RMA must have tracking on the return shipment. Return shipping is the responsibility of the customer, unless the incorrect product is sent by error of VAPE23. Upon receipt of a return, we will issue a store credit or replacement depending on the requested resolution of the customer. If a replacement is not available, VAPE23 reserves the right to issue a credit. Please contact our customer service with any questions, we will do our best to assist you.
TERMINATION: The obligations and liabilities of you and us incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
INDEMNIFICATION: You agree to indemnify, defend and hold harmless VAPE23 and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
USER-SUBMITTED CONTENT: Certain areas of the Services enable you to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not VAPE23, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through the Services, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of VAPE23 and VAPE23 is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you.
THIRD-PARTY POLICY: Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
TRADEMARKS: All trademarks, service marks and trade names of VAPE23 used in the site are trademarks or registered trademarks of VAPE23.
WARNINGS: You agree that in the event that you resell any products received or purchased through VAPE23, that you understand and will provide your customers with the necessary product safety information and necessary product warnings for the specific product you are purchasing and/or reselling.
CONTACT INFORMATION:
If you have questions about our Terms and Conditions of Use, you can write to us at:
VAPE232350 Crosspointe Dr,Miamisburg, OH 45342
You can email us at support@vape23.com.
PRIVACY POLICY: Please also visit our Privacy Policy page describing the online and offline information collection and use practices.