(Revised November 01, 2018)
Welcome to Vapeshot.com. The Vapeshot.com website (the "Site") is comprised of various web pages operated by Vapeshot, Inc. ("Vapeshot"). Vapeshot.com is offered to you, the “User”, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Vapeshot.com constitutes your agreement to conduct yourself in compliance with all such Terms and the law. Please read these Terms carefully and keep a copy of them for your reference.
Vapeshot.com is an E-Commerce site. We are selling personal devices you can use to “vape” nicotine containing e-liguids. We sell these liquids, too, in the form of self-contained “pods”. The purpose behind the VapeShot product, the mission of the Vapeshot company, is to provide adults with an alternative to smoking tobacco products, in a way that may be significantly safer to one’s health. We will not sell to anyone under the age of 19 years, or to anyone who is not already a smoker of tobacco products or who currently is using a vape to overcome an addiction to smoking.
We have developed the following Terms so that you will know your rights and obligations when you use this website and when you purchase our products. If you do not agree with our Terms, you may not use our Site and you may not purchase our products. These Terms are important and they affect your rights. They contain a mandatory arbitration and class action/jury trial waiver provision that requires the use of individual arbitration sessions to resolve disputes, rather than jury trials or class actions.
Please also pay attention to the fact that we reserve the right to change these Terms from time to time and if we do so and fail to tell you, it is still your responsibility to comply fully with the new Terms. So, the burden is on you to stay on top of the current Terms, in case we have made any changes.
We limit purchases via this website to individuals who are at least 19 years old and who smoke and are trying to quit. By using our Site, you represent and warrant to us that you are 19 or older and that you understand it is your responsibility to check the legal purchasing age in your jurisdiction before you purchase from or access our Site.
VapeShot does not warrant or guarantee that compliance with these Terms will be sufficient to comply with your obligations under laws that apply where you reside or where you use our webSite.
2. The VapeShot WebSite, Your Account and Your Safety
We do not require you to create an account when you purchase from our Site. However, to make a purchase, you need to provide us with your email address, name, address and phone number. When you return to the Site, we will be able to provide you with easy access based on your email address and account activity, as well as a record of your purchases and your warranty. It is your responsibility to maintain the confidentiality of your account and login detail. Vapeshot reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. We user cookies and we assume you are okay with that. If not, please go to < > to opt out.
VapeShot limits the sale of its products to adults and believes very strongly that VapeShot and all other nicotine products should never be used by anyone under the legal age. For that reason, we conduct an age verification check at the time of sale and only persons 19 years of age or older can purchase our products. Due to our concern over under-age use, as well as age-restriction laws and regulations, we may deny or cancel your purchases.
Please understand that no tobacco or nicotine e-liquid product should be considered safe, unless you have done your own research regarding vapor products and what is right for you. Inhalation of e-vapor may aggravate pre-existing conditions and ingestion of nicotine may cause dizziness, increased heart rate and blood pressure, nausea and stomach pain.
3. Purchases, Payments and Tax
By placing a purchase order on our Site, you are agreeing to make payment for the product purchased. The price you see on the Site represents the full retail price listed on the product itself. All prices are quoted and payable in Canadian dollars, regardless of where an order is placed or shipped. Exchange rates may apply and purchases may be subject to sales tax, VAT, or other taxes or duties at the point of sale where applicable. Payment of taxes and duties due are your responsibility unless such sales taxes or duties are collected by VapeShot at the time of your purchase.
In the event that you dispute the amount or validity of any payments made to VapeShot, you must notify us in writing, within ten days of payment, of any such dispute by mail or by email at the addresses listed below. You expressly agree that your failure to notify VapeShot of any dispute within ten days of payment will constitute your express waiver of any claims related to the disputed payment. You agree that you will pay all costs of collection, including reasonable attorneys’ fees, in the event of failure to make payment.
4. Cancellation and Return Policies
Please note that orders may not be cancelled once tracking information has been generated. Tracking information is generally available 24 hours from the time that your order is submitted. To cancel an order placed before tracking information is generated, please contact VapeShot as soon as possible, here <. >
Returns and refunds are made only for products purchased on this Site. Products purchased through an authorized VapeShot retailer must be returned for refund to the location from which the products were purchased. You have the right to return any new unused item purchased through the Site for a refund up to fourteen (14) days following the receipt of the item purchased. To exercise the right to a refund, you must contact. VapeShot Customer Service. VapeShot will reimburse to you all payments received from you, excluding any more than the least expensive cost of standard delivery offered by us at the time of purchase.
If you elect to return your device you must return the new, unused item to VapeShot within fourteen (14) days of notifying us. We will withhold reimbursement until we have received the purchased item. No refunds will be issued for items not returned within fourteen (14) days of notifying VapeShot that you would like to return the items for a refund. You agree that you will be responsible for the cost of return shipment. VapeShot accepts returns only for new and unused devices. If the tamper proof seal is broken we will be unable to accept the returned product and no refund will be given.
5. Electronic Communications
By purchasing from us, you consent to receive electronic communications from VapeShot (e.g., via email or by posting notices to the website). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions we provide you with each email.
6. Restrictions on Access and Use
Age and Use Restrictions. You must be at least 19 years of age and a current consumer of tobacco products or someone trying to quit smoking tobacco to access this Site. You are restricted from our Site and marketing contact list until you have certified that:
1. You are 19 years old or older (Before being added to our marketing contact list, we independently verify that the User is 19 years of age or older).
2. You are a consumer of tobacco products with a desire to quit smoking,
3. You want to be added to our contact list in order to receive content, offers, and advertising, and
4. You understand that providing false age verification may subject you to legal penalties.
Geographic Restrictions. You agree that you will not access our Site from any territory where the content or use of the Site is illegal. You are solely responsible for complying with all applicable local laws.
7. Links to Third Party Sites/Third Party Services
Certain services made available via Vapeshot.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Vapeshot.com domain, you hereby acknowledge and consent that Vapeshot may share such information and data with any third party with whom Vapeshot has a contractual relationship to provide the requested product, service or functionality on behalf of Vapeshot.com users and customers.
8. No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Vapeshot or its suppliers and protected by copyright and trademark laws and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in
part, found on the Site. Vapeshot content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and you will make no other use of the content without the express written permission of Vapeshot and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Vapeshot or our licensors except as expressly authorized by these Terms.
9. Materials Provided to VapeShot or Posted on a Vapeshot Page
Our Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, or the like designed to enable you to communicate with the public at large, and of course we encourage you to communicate with VapeShot anytime you wish to comment or ask questions.
Please bear in mind that by providing you a means to communicate with others or with us, we have to ask you to follow some simple guidelines and understand some concepts about privacy and ownership rights:
* You are solely responsible and liable for all data, information and other material (“User Content”) that you submit, upload, post, e-mail or otherwise transmit provide to us in connection with the Site. We have no control over, and shall have no liability for, any damages resulting from the use or misuse by any third party of information made public through our Site.
* Vapeshot does not claim ownership of any User Content you provide to us (including feedback and suggestions) or post, upload, input or submit to the Site. However, by providing it to us you are granting us and our affiliated companies and necessary sublicensees permission to use your User Content in connection with the operation of our Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your material and to publish your name in connection with it.
* Any ideas, concepts, or other materials transmitted by you to VapeShot may be used in any manner, including reproduction, transmission, publication or broadcast without compensation.
* You agree that if you post any User Content to our Site, you will not violate the legal rights (such as rights of privacy and publicity) of others, and you will not abuse, harass, stalk, threaten or defame anyone. None of your posted material will contain anything indecent or unlawful, inappropriate, profane, defamatory, infringing, or obscene, or anything that is invasive of another’s privacy or racially, ethnically or otherwise objectionable or injurious to third parties. You will not upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the
rights thereto or have received all necessary consents; you will not upload files that contain viruses, corrupted files, any form of “Spam” or any software that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Site; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
* Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason.
* You acknowledge and agree that we may disclose or use any User Content for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of VapeShot, its customers or the public.
10. International Users
VapeShot is controlled, operated and administered from our offices within Canada. If you access the Service from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use the VapeShot Site or purchases products accessed through Vapeshot.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Vapeshot, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vapeshot reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vapeshot in asserting any available defenses.
12. Choice of Law, Jurisdiction, Arbitration and Class Action/Jury Trial Waiver
Read this carefully, because this section limits your rights. You and VapeShot are each agreeing to where and how disputes are brought and under what law, and we are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
To the maximum extent permitted by law, this agreement is governed by the laws of Ontario, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
In the unlikely event that VapeShot is not able to resolve any dispute arising out of or concerning these Terms, then such dispute shall be resolved only by final and binding arbitration pursuant to the Canadian Arbitration Association Rules, conducted by a single neutral arbitrator and administered by the Canadian Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms whether directly or indirectly, including tort claims. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Vapeshot agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
13. Accuracy of Content
14. Liability Disclaimer
15. Warranty Disclaimer
VAPESHOT PRODUCTS AND SERVICES, AND THIS WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE FOREGOING IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT COVERED UNDER THE APPLICABLE PRODUCT WARRANTY, VAPESHOT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER RELATED TO USE OF THIS WEBSITE OR VAPESHOT PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VAPESHOT OR THROUGH ANY VAPESHOT PRODUCT OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, VAPESHOT, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT
WARRANT THAT THE CONTENT OR ANY INFORMATION ON THE WEBSITE IS OR WILL BE COMPLETE, ACCURATE, ADEQUATE, RELIABLE, USEFUL, TIMELY, OR CORRECT; THAT THE VAPESHOT PRODUCTS AND SERVICES, AND THIS WEBSITE, WILL MEET YOUR REQUIREMENTS OR BE FREE FROM DEFECTS, INCLUDING PRODUCT OR DEVICE LEAKING; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE VAPESHOT PRODUCTS OR SERVICES, OR THIS WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE. VAPESHOT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND VAPESHOT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty and liability disclaimers set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
17. Termination/Access Restriction
Vapeshot reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. In the event your access is terminated, your only recourse is to request reinstatement by Vapeshot Customer Service <. >
18. Changes to Terms
We reserve the right to change the Terms under which Vapeshot.com is offered. The most current version of the Terms will supersede all previous versions. Vapeshot encourages you to periodically review the Terms to stay informed of our updates.
20. Contact Us
Vapeshot welcomes your questions or comments regarding these Terms,
Please visit our contact us page for information.