Terms & Conditions
PRODUCT & E-COMMERCE WHOLESALE STORE TERMS & CONDITIONS
This website is operated by Vape Mall and is owned by Vape Mall LLC & 2360149 Ontario Inc. Throughout the site, the terms “we”, “us” and “our” refer to Vape Mall LLC and 2360149 Ontario Inc.
Vape Mall 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 our site and/or purchasing products from our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including, without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page regularly for changes/updates. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
SECTION 1 – SHIPPING, TRACKING & MISSING PACKAGE POLICY
See here: Shipping Policies
SECTION 2 – PRODUCT RETURNS & EXCHANGE
SECTION 3 – ONLINE WHOLESALE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents (inclusive of designated employees) to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
SECTION 4 – Coupons, Discounts & Promotions
A customer may use a coupon code Vape Mall has provided to them. Maximum of one coupon or discount is allowed per transaction. Coupons cannot be used in conjunction with any special sales and promotions, unless otherwise stated.
Section 5 – INFORMATION, REVIEWS & REFERENCES ON THIS WEBSITE
Please note, the information and products on this website are not intended to diagnose, treat, cure, or prevent any disease or addiction including addiction to tobacco. Products found on this website are for recreational use. The information found on this website is intended for information purposes only and should not be considered a substitute for professional medical opinion from your physician and/or other medical professionals. Information and statements regarding these products have not been evaluated by Health Canada nor FDA, or any other government regulatory body. Please read carefully through product descriptions, and note that actual results may vary among individual users of any/all products, inclusive of data such as the number of puffs and expected battery life. The use of references to articles and statements made by any experts does not mean that these organizations and/or experts in any way endorse products listed on Vape Mall. Opinions expressed are those of the reviewer(s) and client(s). The use of statements by clients/consumers who have used products available from Vape Mall are for illustrative purposes with their consent; upon request names may have been changed or image omitted with an alternative name suggested by them, and/or the use of stock photography. Results indicated may not represent typical results for any and all reviews or claims, and do not under any circumstances reflect the results every consumer may experience when using the products. We showcase these statements with best intentions to provide an example of the results of users.
SECTION 6 – COPYRIGHT & TRADEMARK
All content included on this site, such as text, graphics, video, audio, photos, logos, button icons, images, digital downloads, data compilations, are protected by Canadian and International copyright laws. No portion of the information on this website may be copied or reproduced in any form, or by any means without prior written permission from Vape Mall. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this site or any Vape Mall asset for any commercial, public or private purpose.
SECTION 7 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting the primary sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessary, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at anytime, but we have no obligation to update any information contained within our site. You agree that it is your responsibility to monitor changes and/or updates to our site.
SECTION 8 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at anytime to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Wholesale pricing is offered under the condition that an explicit MSRP as stated on the website for each product is applied and followed, and Vape Mall reserves the right to revoke wholesale pricing in the event the stated MSRP has not been applied and followed. Exceptions for required adherence to stated MSRP must be submitted to Vape Mall in writing, and may or may not be granted; Vape Mall reserves the right to refuse any/all MSRP exception requests, and will not provide pricing as indicated on the website if a violation of a required stated MSRP has been identified. Notice in writing will be provided by Vape Mall in the event of a violation of stated MSRP, and a period of ten (10) business days will be provided to correct any/all violations, after such time period wholesale pricing will be revoked, and may result in suspension or discontinuance of the Service. MSRP is subject to change without notice, and it is the responsibility of all users of the website to observe and review MSRP of products on a regular basis.
SECTION 9 – PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible any descriptions, specifications, colors and images of products that may appear on the website. We cannot guarantee that your computer monitor’s display of any color will be accurate. 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. We reserve the right, but are not obligated, 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 anytime without notice, at the sole discretion of Vape Mall. We reserve the right to discontinue any product at anytime. Any offer for any product or service made on this site is void where prohibited by law.
SECTION 10 – ACCURACY OF BILLING, FRAUD RISK AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per business, per person, per household, or per order. These restrictions may include orders placed by or under the same client 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, and/or as provided in account application documentation. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by scammers, competitors or dealers, or in an unlawful manner. You agree to provide current, complete and accurate purchase and account information for all purchases made. 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 if/when required. Ownership changes relating to an existing account must be promptly communicated to Vape Mall, and the new business license information must be provided in a format deemed acceptable by us, as failure to do so may result in suspension or discontinuance of the Service.
SECTION 11 – THIRD-PARTY LINKS
Select content, products and services available through 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 Vape Mall. We are not responsible for examining or evaluating the content or accuracy nor warrant any third-parties, and will not assume any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services offered by 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. Please review carefully the third-party’s policies and practices and ensure you understand them clearly before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed/forwarded to said third-party.
SECTION 12 – — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at the request of Vape Mall, you send specific submissions (such as contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and/or shall be under no obligation to (1) maintain any comments in confidence; (2) to pay any form of compensation (monetary, in-kind or other) for any comments; or (3) to provide any response to any/all comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, misrepresent the authentic identity of yourself, or otherwise mislead us or third-parties as to the origin of any/all comments. You are solely responsible for any/all comments you make and their accuracy. We take absolutely no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 – PERSONAL INFORMATION
SECTION 14 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service containing 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 an order submission). We do not uphold any obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, 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.
SECTION 15 – PROHIBITED — USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website and/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; 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 if in violation of any prohibited uses.
SECTION 16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the Service or (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Vape Mall, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vape Mall and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, 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 Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions herein.
SECTION 19 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us in writing that you no longer wish to use our Services, or when you cease using our site. 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 Service, 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).
SECTION 20 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or with respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of ONTARIO, CANADA.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected] or in writing to 746 Warden Ave, Unit 5, Suite C, Toronto, ON, CANADA postal code