General Terms & Conditions
TERMS & CONDITIONS
Our website (www.e-cig101.com), the content therein, any associated mobile applications and/or services (collectively termed the “Website”) are the property of E-Cig 101 (termed “us”, “our”, “we” or “company”). We present these Terms and Conditions (termed “Terms”), which outline your obligations and rights with regard to the use of our Website, and/or the purchase of any of our products (termed the “Products”). Your usage of our Website and/or purchase of any of our Products constitutes your acceptance of these Terms. In the event that you are not in agreement with the Terms, you must immediately desist from any usage of our Website, and must not purchase any Products from us.
We reserve the right to amend, alter, replace, restrict, withdraw or otherwise modify these Terms and this Website at any time we see fit. In the event that such change or amendment takes place, your continued use of the Website after any such change constitutes your acceptance of any such change or amendment.
You are obliged to periodically review these Terms in order to inform yourself of any such changes or amendments.
The products and services that we offer are restricted to individuals of age 21 or above. You therefore state and confirm that you are a minimum of 21 years old. It is your own responsibility to inform yourself of any applicable law or regulation that covers your jurisdiction with regard to the legal age of purchase from and access to our Website. We make no warranty, representation or guarantee that your compliance with the Terms stated herein is sufficient to fulfil any legal obligations placed upon you by the jurisdiction within which you either reside, or from within which you access our Website.
The products available on our Website are age restricted, meaning they may be subject to minimum usage or purchase age regulations. We are committed to preventing the use of our Products by anybody who is below the minimum required age. All products, along with any product containing nicotine, must not be used by any person below the minimum required age. We undertake age verification checks during our registration processes with a view to confirming that you are a minimum of 21 years old. Only those persons who have passed our age verification process can purchase products from us, or take part in any promotional activity offered by our Website. Due to the applicable regulations and laws with regard to age restriction, we might use the information you provide to us to perform age verification for any purchase you attempt to make, and reserve the right to cancel or reject any attempted purchase because of said laws and regulations.
We make no warranty or representation that any tobacco-based product or e-liquid product, or any other product containing nicotine, is safe for human consumption. We strongly recommend that all consumers perform their own independent research with regard to vaping and vape products before making any purchase. In the event that you have health concerns regarding E-Cig 101 products, or any other tobacco or nicotine product, you should seek consultation with a medical professional. The inhalation of any these products has the potential to aggravate heart or respiratory conditions. The ingestion and absorption of nicotine of any kind and at any level is known to cause or contribute to other conditions, including without limitation stomach pain, nausea, dizziness, increased blood pressure and increased heart rate. If you are not a current user of nicotine-based products or products that contain nicotine, our recommendation is that you do not commence use of any such products.
WARNING: Our Products contain nicotine. Nicotine can be poisonous, and is known to cause addiction. Do not allow any of our Products to make contact with your eyes and skin. Keep any Product purchased from us safely out of the reach of animals and children. In the event that any contact occurs accidentally, immediately seek medical assistance.
ELECTRONIC & MARKETING COMMUNICATIONS
By providing your contact email address to us and consenting to receive our newsletter, you warrant that you are of the minimum legal age required to receive these communications, which may contain promotional offers. These offers are exclusive, and may be rendered unavailable to you by local and state law and regulation. Accordingly, any such offer is Void Where Prohibited. Our promotional materials should not be construed as an implication that any Product has been evaluated or assessed by the Food and Drug Administration. Our Products are not a treatment, cure, preventing agent or diagnosis for any disease or illness.
You confirm that you will pay in full for any purchase made via our Website.
Unless specifically stated otherwise, the price displayed on our Website for any of our Products is the full retail price of the Product itself. All prices are listed in, and must be paid in, USD, no matter where orders are placed from or shipped to. Currency exchange rates may be applicable, and may vary dependent on the date of purchase.
Purchases made from our Website may additionally be subject to VAT, sales tax or further duties, rates or taxes applicable at the point of sale. Payment of any such tax, rate or duty is your own responsibility, unless said tax, rate or duty is collected by us when your purchase is made. In this event, we will submit any such tax, rate or duty amount to the relevant authority. We will in no event be liable for your failure to pay any tax, rate or duty owed by you unless we collected said tax, rate or duty when the purchase was made.
Cancellation of orders is not possible after the generation of tracking data. Tracking data is usually generated 24 hours after submission of orders. In the event that you wish to cancel an order, and tracking data has not yet been generated, you should contact our Support team immediately.
We do not accept or process any refunds or returns for any purchase that is not made directly through our Website. You are permitted to withdraw from any purchase agreement made with us, and return any new and unused Product purchased via our Website, with a full refund and for no any or no reason, for a period of 14 (fourteen) days after your receipt of any such Purchase. In order to exercise this right, you must inform us that you wish to withdraw from our purchase agreement by making contact with our Support team. In the event of such withdrawal, we will refund all payments send to us by you, including shipping costs, within a period of 14 (fourteen) days from the date you inform us that you wish to withdraw. We will not refund any supplemental or additional cost resultant from your specific choice of a delivery method, other than the lowest priced standard delivery cost offered to you when the purchase was made.
We reserve the right to delay any refund until the purchased item has been returned and received by us. In the event that we do not receive the returned product, or the product is received after this 14 (fourteen) day period, no refund will be issued. You accept that you are responsible for the shipping cost of any returned item if the item is being returned because you wish to withdraw from the agreement.
Due to the nature of the products we offer for sale via our Website, we can only accept returns and issue refunds for products that are new and unused. In the event that the tamper proof seal on any purchase is broken, we cannot accept the return for sanitary reasons, and cannot issue a refund.
ORDERS WHICH ARE INCOMPLETE/DAMAGED/INCORRECT
The legal guarantee of conformity applies to any Product purchased via our Website. It is your responsibility to inspect any goods purchased from us immediately upon receipt of them. In the event that the goods delivered are incomplete, incorrect or damaged, you must immediately inform us. In such an event, contact our support team, inform us of the problem with the order in full, and request a replacement or refund. We may require that you return the damaged, incomplete or incorrect goods to us; if we do, we shall pay any associated shipping costs.
PROHIBITION OF EXPLOITATION OR RESALE
You accept and agree that you are prohibited from selling, re-selling, distributing, making available for the use of others or in any other way seeking to exploit or use for any commercial purpose (including but not limited to sweepstakes, giveaways and contests) all or part of any services or Products purchased via our Website or obtained from us or our representatives in any other way, unless specific written permission has been sought in advance and granted by an authorized representative. Any individual or entity found to be selling, re-selling, distributing, making available for the use of others or in any other way seeking to exploit or use any of our services or Products for any commercial purpose without said permission instantly voids the warranty of any such service or Product, and may further be subject to any civil or legal action or remedy available to us.
INDEMNIFICATION AND COMPLIANCE WITH LAW
You state and confirm that you will only use any Products or services acquired from us in accordance with all regulations and laws which apply within all relevant jurisdictions. This includes, but is not limited to, regulations and laws regarding the use of said products, marketing, advertising, resale and/or any other manner of promotion.
You state and confirm that you shall defend, indemnify and hold harmless E-Cig 101 and our licensors, agents, managers, subsidiaries, affiliated companies and all of their officers, directors, agents, contractors and employees against and from all and any damages liabilities, claims, obligations, losses, debts or costs (including the reasonable fees of an attorney), enforcement actions and regulatory penalties that may arise from or connect to your access to and usage of any E-Cig 101 Product or service; our Website; all content and data received and transmitted between you and us; your violation of these Terms including but not limited to your breaching of any representation or warranty listed herein or obligation placed upon you by this Section; your violating the rights of any third-party including but not limited to intellectual property rights or the right of privacy; your violating any applicable regulation, rule or law; any content contained within or submitted via your account that is inaccurate, misleading or false; wilful misconduct by you; or the eventuality of any other party accessing and/or using our Website using your account information including security codes, username and password.
We are committed to maintaining the quality of our products and services by actively combating counterfeiting and unauthorized sales activity. We recommend that consumers stay vigilant against purchasing any product from unauthorized re-sellers. The reliability, safety and quality of any such counterfeit or unauthorized product cannot be verified, and as such may expose consumers to dangers and threats that would not be associated with verified E-Cig 101 products.
Any product purchased from any source other than our exclusive sales network may be counterfeit, and is not covered by our Warranty, which by reference is incorporated within these Terms. We accept no liability or responsibility for any Product that is not purchased via our website or via an Authorized Retailer.
We cannot assist with resolving issues that relate to the purchase of any counterfeit product, and will not provide refund for purchases of any such counterfeit products.
THIRD PARTY LINKS
Links to third-parties and third-party websites may appear on our Website. The provision or appearance of any such link does not constitute our endorsement of any third-party website or the content therein. You assume any risk associated with accessing any third-party website. All third-party websites are subject to their own Terms and Conditions, and you should familiarize yourself with such Terms and Conditions upon arrival on any third-party website.
COPYRIGHT AND TRADEMARKS
Our Website contains logos, text, service marks, trademarks, files, software, photos, graphics, design, images, music, video and other data that is the property of us and/or our licensors or affiliates. Our Website may additionally contain logos, text, service marks, trademarks, files, software, photos, graphics, design, images, music, video and other data that belongs to third parties. All such logos, text, service marks, trademarks, files, software, photos, graphics, design, images, music, video and other data are and shall remain the property of the respective owner. You state and confirm that you shall not make any use of them without obtaining the prior written permission of the respective owner. Our website and all content herein is protected by trademark, copyright, and other applicable laws of the United States of America and internationally.