I. GENERAL TERMS AND CONDITIONS:
b. AGE: WE DO NOT SALE TO MINORS. IT IS STRICTLY PROHIBITED FOR ANY MINOR, WHETHER 18 OR 21 AS DEFINED BY THE LAWS OF THE STATE IN WHICH THE YOU RESIDE, TO REGISTER AND/OR MAKE ANY USE OF OUR WEBSITE. BY REGISTERING AND/OR USING OUR WEBSITE YOU ACKNOWLEDGE AND AFFIRM THAT YOU ARE ABOVE THE LEGAL AGE WITHIN THE STATE YOU RESIDE TO USE COMPANY’S SERVICES OR PRODUCTS. COMPANY RESERVES THE RIGHT TO REFUSE ORDERS IN THE EVENT THAT YOU FAIL AGE VERIFICATION.
c. BEFORE MAKING ANY USE OF OUR WEBSITE, PLEASE READ FULLY THE TERMS AND CONDITIONS GOVERNING THE USE OF OUR WEBSITE. BY USING OUR WEBSITE, YOU AFFIRMATIVELY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO EACH AND EVERY TERM IN THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT ALL OF THESE TERMS AND CONDIDITIONS DO NOT CONTINUE WITH THE USE OF OUR WEBSITE. FAILURE TO CAREFULLY REVIEW THE AGREEMENT IN ITS ENTIRETY DOES NOT EXCUSE YOU FROM THE TERMS AND CONDITIONS IT INCLUDES, INCLUDING YOUR EXPRESS AGREEMENT TO ARBITRATE YOUR DISPUTES WITH PURE OAK, LLC, ITS MEMBERS OR AFFILIATES.
II. PRODUCTS, ORDERS, AND PURCHASES:
a. Orders: Thevapersworld.com, in its sole discretion, reserves the right to decline online orders placed by you. Any online order placed by a Consumer for vaping products will not bind thevapersworld.com until the order is accepted by thevapersworld.com in writing through an order confirmation. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
b. Products Availability: All orders are subject to the availability. If, for any reason, the ordered products are unavailable, the Consumer will be offered at his/her choosing either another product or a full refund. You acknowledge and agree that in the event a product you ordered is unavailable, thevapersworld.com will not be responsible for any losses resulting from the unavailability of the product or thevapersworld.com’s inability to supply the ordered product.
c. Product Information and Price: All the product information and pricing listed on thevapersworld.com website is accurate of the time listed. The information and pricing are subject to change and updated frequently. Thevapersworld.com recognizes that clerical errors may occur during the input of product information or description. In the event of a clerical error, thevapersworld.com reserves the right to revise the product information and description. You acknowledge that all quoted prices for thevapersworld.com’s products are subject to change at any time and without prior notice. You further acknowledge that the quoted prices for each product do not include shipping and handling charges.
d. Sales Tax: All prices do not include sales tax. Sales tax will be added for all Consumer transactions initiated and/or which contain a shipping address in Florida. Some states outside of Florida may require us to collect sales tax on their behalf, in such case purchases outside of Florida may be subject to sales tax.
III. RETURN POLICY:
All products are subject exclusively to this Return Policy. The following terms and conditions cover the situations where either (a) the products are faulty or damaged on delivery; or (b) you change your mind and wish to return non-faulty products.
a. Return of Products received damaged or faulty on delivery: In the event that you received a damaged device, you must immediately upon receipt notify thevapersworld.com of the damaged device. In notifying thevapersworld.com, you must provide a description of the damage and provide proof of the damage at the time of receipt (this includes photos of the damaged package). Upon review and authorization an authorization for replacement products will be sent to you. Products are subject to exchange only. Any re-delivery is subject to your return of the damaged products along with its original packaging and a copy of the purchase invoice. Please contact us for a Return Authorization at: email@example.com.
b. No-Return perishable products: All e-liquids,Hemp, Tincture, eddible products are subject to final sale and are not subject to return due to the perishable nature of the products.
IV. DISCLAIMERS AND LIMITATION OF LIABILITY:
a. CONSUMABLE PRODUCTS ARE SOLD “AS IS”: ALL RELATED PRODUCTS, SUCH AS VAPES AND ALL OTHER PRODUCTS SOLD BY THEVAPERSWORLD.COM ARE CONSUMABLE AND THEREFORE ARE SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY.
b. BATTERY DISCLAIMER: By purchasing batteries from thevapersworld.com, 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 or mod. Never leave charging batteries unattended. Batteries may explode if mishandled. Thevapersworld.com, officers, affiliates, employees, and/or authorized representatives will not be held liable or responsible for the use/misuse of lithium batteries, e-cigarette devices, or any battery chargers. Should you have any questions, please don’t hesitate to ask us.
c. HEALTH DISCLAIMER:
- OUR PRODUCTS CONTAIN NICOTINE. NICOTINE IS AN ADDICTIVE SUBSTANCE THAT MAY HAVE ADVERSE AFFECTS ON YOUR BODY. YOU UNDERSTAND AND AGREE THAT THEVAPERSWORLD.COM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY HEALTH EFFECT OCCURING AS A RESULT OF THE USE OF PRODUCTS CONTAINING NICOTINE THAT ARE PURCHASED ON OUR WEBSITE OR ANY OF OUR AFFILIATES.
- YOU UNDERSTAND THAT YOU SHOULD NOT USE ANY INFORMATION ON THEVAPERSWORLD.COM TO DIAGNOSE OR TREAT ANY HEALTH PROBLEMS OR ILLNESSES WITHOUT CONSULTING MY DOCTOR.
- YOU, FURTHER, UNDERSTAND AND ACKNOWLEDGE THAT THE PRODUCTS LISTED ON THIS WEBSITE ARE NOT INTENDED TO BE USED OR BE USED TO TREAT ANY TYPE OF MEDICAL CONDITION.
- BEFORE USING ANY OF THEVAPERSWORLD’S PRODUCTS, YOU SHOULD CONSULT WITH A PHYSICAL IF INTEND TO USE ANY PRODUCT TO TREAT A MEDICAL CONDITION OR IF YOU HAVE ANY MEDICAL CONDITION, INCLUDING BUT NOT LIMITED TO, STROKES, HIGH BLOOD PRESSURE, HEART DISEASE, LIVER DISEASE, KIDNEY DISEASE, THYROID DISEASE, DIABETES, ANEMIA, DEPRESSION, ANXIETY, ANY OTHER PSYCHIATRIC CONDITION, A FAMILY HISTORY OF THESE OR ANY OTHER MEDICAL CONDITIONS, AND/OR IF YOU ARE TAKING ANY PRESCRIPTION, OTC, AND/OR ANY OTHER MEDICATION, WHETHER PRESCRIBED OR OVER THE COUNTER.
d. FDA NOTICE AND DISCLAIMER: You understand that THEVAPERSWORLD.com’s statements and products have not been evaluated by the Food and Drug Administration (“FDA”), and are not intended to diagnose, treat, cure, and/or prevent any disease or illness. You further understand and acknowledge that results from products may vary and that You should consult your doctor prior to using our products.
e. Tetrahydrocannabinol Disclaimer: Hemp derived supplements, and the majority of industrial hemp products (“hemp”) on the market, may contain a naturally occurring trace amount of tetrahydrocannabinol (THC). Per state and federal regulations and definitions of hemp, the amount of THC in our products do not exceed 0.3% concentration by weight. While it is highly unlikely that one would fail a traditional drug test from using our products, that possibility cannot be ruled out. Various factors may influence drug test results, including but not limited to: Taking excessive amounts of hemp products, the type or method of drug test utilized, and the requirements and policies governing the organization’s drug testing policy. By agreeing to these Terms and Conditions and placing an order with us, you are indicating that you understand that failing a drug test is a possibility when using hemp products, and that you waive any and all rights to bring any claims against THEVAPERSWORLD.COM, its owners, corporate affiliates, officers, members, and or affiliates for any matters related to any drug test you take and/or the results of any such drug test, including but not limited to: The loss of employment, the loss of employment opportunity, or civil or criminal penalties imposed on you.
f. Personal injury: All products purchased on thevapersworld.com or supplied by thevapersworld.com must be used strictly in accordance with any applicable instructions provided.
g. No liability for special damages and third-party liability: Thevapersworld.com will not be liable for any special, incidental, consequential, exemplary or punitive damages under any circumstance. Moreover, thevapersworld.com will not be liable for the conduct or contractual obligations of a third party.
h. Force majeure: Notwithstanding anything set out in these terms and conditions, thevapersworld.com will not be liable for any failure or delay in performance of its obligations if it is due to an event beyond thevapersworld.com `s reasonable control, including, without limitation, acts of God, war, industrial dispute, courier delay, fire, flood, hurricanes, tempest or national emergencies. If so delayed, thevapersworld.com will be entitled to a reasonable extension of time for performing its obligations. Any dates thevapersworld.com specify for the delivery of its products are only approximation of time, and thevapersworld.com will not be liable for any losses, damages, charges, costs or expenses caused by any delay in delivery of the goods.
i. Contents of thevapersworld.com: thevapersworld.com is presented “AS IS”. Thevapersworld.com does not make any representation or warranties of any kind whatsoever, express or implied in connection with these terms and conditions or the website, its contents or any other portion of the website, including but not limited to warranties of merchantability, non-infringement, title, or fitness for a particular purpose, unless such representations and warranties are not legally excludable under applicable law.
j. Service Interruption Disclaimer: You agree that thevapersworld.com will not be responsible or liable under any circumstances for any of the following: (1) interruption of business; (2) Access delays or access interruption to thevapersworld.com; (3) Data non-delivery, mis-delivery, corruption of data, destruction or other data modification; (4) Loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on thevapersworld.com; (5) Computer viruses, system failures and/or malfunction which may occur in correction with your use or the website, including during hyperlink to and/or from third party websites; and/or (6) Events beyond our reasonable control.
k. California Consumer Notices: CALIFORNIA PROPOSITION 65 – Warning: This product contains nicotine, a chemical known to the state of California to cause birth defects or other reproductive harm. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
V. PROHIBITED USE:
As set forth in the Agreement, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; and/or
(k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
As a condition of use of thevapersworld.com’s website and online store, you agree to indemnify, defend, and hold harmless thevapersworld.com, its members, officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of thevapersworld.com’s website, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.
VII. ARBITRATION OF DISPUTE – IMPORTANT NOTICE AFFECTING YOUR RIGHTS:
In the event of any controversy between the parties, including but not limited to any claim, dispute, suit, demand, cross claim, counterclaim, or third-party complaint (whether statutory, in tort, or otherwise) arising out of or relating to this Agreement or its performance, breach, termination, enforcement, interpretation or validity, including the validity, scope or applicability of this provision to arbitrate, shall be determined by binding arbitration. This arbitration provision is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. and not by any state rule or statute governing arbitration. Arbitration under this provision shall be conducted in Broward County, Florida. THE PARTIES AGREE THAT ARBITRATION SHALL BE AN IN-PERSON HEARING BEFORE A SINGLE ARBITRATOR ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR MASS ACTION. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS. The Arbitration shall be administered by the Judicial Arbitration Mediation Services (“JAMS”), 1920 Main Street, Suite 300, Irvine, CA 92614 (www.jamsadr.com), the American Arbitration Association (“AAA”), 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org), or another nationally known arbitration service on which the parties shall agree. Arbitration shall be administered according to the arbitration service’s fee schedule and the service’s current applicable commercial rules and procedures except: 1) that the parties expressly waive the applicability of any rule governing class or mass action; 2) that the parties agree that any specific arbitration procedure provided for herein shall apply to the arbitration proceeding; and 3) the parties agree that the consumer arbitration rules shall not apply. The arbitrator shall be neutral and independent and shall comply with the selected arbitration service’s code of ethics. Additionally, the arbitrator shall be guided by and apply the Federal Rules of Evidence and “governing substantive” law. The arbitrator’s award shall be final and binding on all parties. Judgment on the arbitration award may be entered in any court having jurisdiction over the parties. If a party fails to comply with the arbitrator’s award, the other party may petition a court having jurisdiction to enforce the award. The parties shall bear their own attorneys’ fees unless such fees are expressly provided for by applicable law. If the Arbitrator determines that reasonable attorneys’ fees are to be awarded under applicable law, the parties agree that the Arbitrator will also determine the amount under the award for attorneys’ fees. In the event a party fails to proceed with arbitration, fails to comply with the arbitrator’s award or unsuccessfully challenges the arbitrator’s award the other party is entitled to any costs and expenses incurred, including a reasonable attorneys’ fee for having to compel arbitration or defend or enforce the award.
Binding Arbitration means: (1) that both parties give up the right to a trial by a judge or jury in a court; (2) that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of appealable issues expressly provided for in 9 U.S.C. § 16; and (3) that discovery may be severely limited by the arbitrator, and should the arbitrator decide to allow full discovery, the arbitrator may not exceed discovery limitations set forth by the Federal Rules of Civil Procedure.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ABIDE BY THE TERMS OF THE ARBITRATION PROVISION SET FORTH ABOVE.
a. Web Site Owner: Thevapersworld.com is the owner of this web site. This online privacy notice discloses thevapersworld.com’s information practices regarding what type of personal identifiable information is requested in order to make a purchase, how the information is used, and with whom the information is shared. thevapersworld.com is committed to protecting user privacy. When you register for an account, you may be asked to supply personally identifying information, including your name, e-mail address, mailing address, and phone number. The information we collect from you may be used in one of the following ways:
1. To improve our website: We continuously analyze and update our site to improve thevapersworld.com user experience based on internally developed information and user feedback provided by you.
2. To improve customer service: We use information developed through our website and its users to help us improve customer service request responses and support inquiries.
3. To send periodic e-mail: We will only use the email address you provide for order processing and to send you information and updates pertaining to your order.
4. To administer a contest, promotion, survey or other site feature.
5. To administer and process any purchases made on our website.
b. Information from Children. thevapersworld.com does not sell products for purchase by minors, and will not collect or post information from anyone under the age of 18 or 21 as required by the state in which the user resides. All purchasers must be of legal usage age and must attest to their age during the registration and purchase process.
c. Collection / Use of Personal Information: We employ cookies (small files transferred to your computer’s hard drive through your browser, if allowed) that enable us to recognize your browser for capturing and remembering certain information. Cookies help us remember and process items in your shopping bag and compile data about traffic and interaction on the site so we may create an improved user experience in the future. Any information collected by thevapersworld.com via cookies is not linked to any customer’s personal information collected by us. Collection of your personal information is designed to protect access to your Account and to assist in providing you with the products and services you have requested. All personal information collected and stored by thevapersworld.com, or on its behalf, is used for specific business purposes: (1) to protect your online account and initiate your authorized orders and purchases; and (2) to assist in the design or improvement of applicable products and services.
d. Safeguarding your payment information: Thevapersworld.com uses secured payment services such as Authorize.net. thevapersworld.com does not save credit card information on its database. Thevapersworld.com makes no representation regarding the level of protection given by the third-party payment processor, and in no way shall be liable for any data breach of the third party’s website or server.
e. Lost or Stolen Information. If a customer’s credit card and/or password is lost or stolen, the customer should promptly notify thevapersworld.com in order to enable thevapersworld.com to cancel the lost or stolen information and to update its records with a changed credit card and/or password.
f. Maintenance of Accurate Information: You may update your personal information online, at anytime, by using your Password to log into thevapersworld.com or by contacting thevapersworld.com customer service. To ensure that thevapersworld.com is able to protect your Account and verify your information, it is in your best interests to maintain accurate and current any records concerning your personal information.
g. Limited Access to Personal Information: Access is limited to your personal information to only those personnel with a business reason for accessing such information. In addition, all personnel are trained and educated about the importance of confidentiality and customer privacy.
h. Third-Party Disclosure Restrictions: All third parties with a business need to access your personal information are required to adhere to stringent privacy policies. Your personal information may be supplied to a third party in order to process a transaction you have authorized or if the disclosure is allowed or required by law, e.g., the exchange of information with reputable reporting agencies in response to a subpoena, in connection with the investigation of fraudulent activity, etc.
i. Sharing of Information: You authorize thevapersworld.com to share certain information with any third party to the extent necessary to administer your purchase of Products from thevapersworld.com in accordance with your instructions and authorization.
IX. ADDITIONAL TERMS:
a. GOVERNING LAW: The laws of the State of Florida govern this Agreement, except that the Florida’s rules and/or statutes governing arbitration will not apply.
b. SEVERABILITY: If any part of this Agreement is declared void or unenforceable, such provision(s) shall be deemed severed from this Agreement, and the remainder of this Agreement shall remain in full force and effect.
c. MODIFICATION: This Agreement may be modified to the extent necessary to give such force and effect to the remaining provisions.
d. NO WAIVER OF RIGHTS: No delay or forbearance in the strict observance or performance of any provision of this Agreement, nor any failure to exercise a right or remedy hereunder, shall be construed as a waiver of such performance, right, or remedy, as the case may be.
e. MERGER CLAUSE: This Agreement contains the complete and final understanding between the Consumer and thevapersworld.com. Any prior oral statements, representations, or agreements are superseded by this Agreement.
f. ENGLISH LANGUAGE GOVERNS: The English language governs these terms and conditions and any other Agreement entered with thevapersworld.com. In the future, thevapersworld.com may make this Agreement available in languages other than English. If there is any difference in meaning between the English and non-English version of any of thevapersworld.com’s documents, including this Agreement, the English version will apply to your Account and is available to you upon request.
g. RESERVATION OF RIGHTS: thevapersworld.com reserves the right to modify and change the terms in this Agreement without prior notification to you. From time to time you should check thevapersworld.com’s website and review its most current terms and conditions.
X. CUSTOMER SERVICE INFORMATION:
Web site Address: www.thevapersworld.com
If you have any questions that you do not believe are addressed in this Agreement, you can and should e-mail us at the email address shown above.