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Effective Date: August 1, 2016

Welcome to XVAPEUS.COM – In visiting this website, you agree to accept the following terms and conditions. Please read each section carefully. To fully understand the conditions and business practices of XVAPE and your guidelines to conduct business with us, please review our Privacy Policy.

If we make any changes to these terms and conditions we will notify you by way of posting a notice on this site. By placing any subsequent orders you will be accepting the changed terms and conditions.

Electronic Communications

Anytime you send XVAPE an e-mail, or login onto our website at XVAPEUS.COM, you are communicating with us in an electronic format. This gives XVAPE the permission to communicate back to you in the same electronic format, either by e-mail or text written on our website. With this, we both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by XVAPE satisfies all legal notification requirements.

You acknowledge that XVAPE may send you emails for promotional purposes. By accepting these terms and conditions you consent to receiving such emails. You may opt-out from receiving promotional emails at any time.

Copyright

All content included on this site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States 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 XVAPE. 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 XVAPE publication for any public, private or commercial purpose.

Compliance with Applicable Laws; Export Control Laws

Visitor or user access to the XVAPEUS.COM is governed by all applicable federal, state and local laws. All information available on XVAPEUS.COM is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

Trademarks

XVAPE and other XVAPEUS.COM graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks.

Your Account

If you use this site, 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. XVAPE only sells to smoking adults, 18 years or older, who own and can purchase with a credit card. If you are under 18 or legal smoking age in your jurisdiction, XVAPEUS.COM and its affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.

Risk of Loss

All items purchased from XVAPEUS.COM or from the XVAPE offices or sales/distribution agents are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

Disclaimer of Warranties and Limitation of Liability

This Site and all information, content, materials, products, software and services included on or otherwise made available to you through this Site are provided by XVAPEUS.COM or its affiliates on an “as-is” basis, unless otherwise specified in writing. XVAPEUS.COM and its affiliates make no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products, software or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. You expressly agree that your use of this Site is at your sole risk.

To the full extent permissible by applicable law, XVAPEUS.COM and its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. XVAPEUS.COM and its affiliates do not warrant that this Site; information, content, materials, products, software, or services included on or otherwise made available to you through this Site; their services; or email sent from XVAPEUS.COM are free of viruses or other harmful components. XVAPEUS.COM and its affiliates will not be liable for any damages of any kind arising from the use of this Site or from any information, content, materials, products, software or services included on or otherwise made available to you through this Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

XVAPE reserves the right to change any and all content contained on this Site at any time without notice.

Applicable Law

By visiting XVAPEUS.COM, you agree that the laws of the State of Colorado, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and XVAPEUS.COM or its affiliates.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Disputes

Any dispute relating in any way to your visit to XVAPEUS.COM or to products you purchase through XVAPEUS.COM shall be submitted to confidential arbitration in Miami-Dade County, FL, except that, to the extent you have in any manner violated or threatened to violate XVAPE’s intellectual property rights, XVAPE may seek injunctive or other appropriate relief in any state or federal court in the State of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator`s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Shipping

DOMESTIC ORDERS

Vapor Connoisseur ships to any address in all 50 States. Typically, orders will be ready to ship within 48 hours after receipt of payment and it may take up to 14 days to receive your order. Shipping costs are calculated based on a weight and shipping preference. In cases where there is an order error or an out-of-stock item (back-order), a representative will contact you within 24 hours after your order is processed. Orders are generally shipped via UPS, DHL or FEDEX with Delivery and Signature Confirmation due to certain products that may contain nicotine or lithium-ion batteries, for example. Regardless of shipping carrier used, we will provide you with a tracking number that can be used to track your package real-time (please visit respective shipping carriers website for shipment detail). FYI, we have no control over natural disasters that may occur and may delay shipping times, in case you didn’t know.

SHIPPING PROMOTIONS

Shipping Promotions may happen from time to time to reduce or eliminate shipping charges to our customers. ALL Free Standard Shipping orders may be sent via, but not limited to, UPS Ground, USPS First Class or USPS Priority which can take approximately 2-7 business days to be delivered.

INTERNATIONAL ORDERS

Typically, all vaporizer and electronic cigarette orders will be ready to ship within 48 hours after receipt of payment and may take up to 30 days to receive your order. In cases where there is an order error or an out-of-stock item, a representative will contact you within 24 hours after your order is processed. Orders are generally shipped via UPS, USPS or FEDEX with Delivery and Signature Confirmation due to certain products that may contain nicotine or lithium-ion batteries, for example. Regardless of shipping carrier used, we will provide you with a tracking number that can be used to track your package real-time (please visit respective shipping carriers website for shipment detail).


We ship to most countries overseas, however, some do not allow for the importation and/or use of electronic cigarettes, nicotine and other related items. We are not responsible for a delay and/or a seized order by a foreign Customs agency due to any restrictions set by that country’s government. Please consult with your local governmental authority on such rules and regulations that you may not be aware of related to the electronic cigarette, e-liquid and vaporizing industry.

Returns

Customer satisfaction is our top priority. XVAPE offers a full refund for any unused item for return for any reason within 14 days. You will be refunded within 5 days (less postage costs). Please call 303-390-1712 for assistance with any questions or your request to return (RMA). Shipments received by XVAPE without an RMA number will be refused.

We offer a 180-day guarantee for any XVAPE Kits sold on our website ONLY (for XVAPE products sold in a retail store, please contact retailer for their return policies). If you are not fully satisfied with your purchase, we will refund your money (not including shipping costs) less a 20% restocking fee.

Refunds cannot be offered if any of the goods has been used due to health and hygiene reasons. We also reserve the right to disregard items being returned for a refund that may not be a product of XVAPE or a modified/tampered product that is a deviation from the products original form at time of purchase. Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of the Goods and no refund will be offered.

NOTE: The 180-day guarantee does not include used products, only Kits purchased on www.xvapeus.com. Product must not be broken or damaged and must be delivered to our Colorado address within the 30-day time period. Please call 303-390-1712 to request a RMA before sending back goods or risk not receiving a refund at all due to the inability to track or process an unknown package.

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