Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
INTRODUCTION
This website – http://www.ecigexpress.com (the “Site”) is being
made available to you free-of-charge. The terms "you", "your", and "yours" refer
to anyone accessing, viewing, browsing, visiting or using the Site. The terms
"ecigexpress.com", "we", "us", and "our" refer to ecigexpress.com, its affiliates and
subsidiaries. We reserve the right to change the nature of this relationship at
any time and to revise these Terms and Conditions from time to time as we see
fit. As such, you should check these Terms and Conditions periodically. Changes
will not apply to any orders we have already accepted unless the law requires.
If you violate any of the terms of these Terms and Conditions you will have your
access canceled and you may be permanently banned from accessing, viewing,
browsing and using the Site. Your accessing, viewing, browsing and/or using the
Site after we post changes to these Terms and Conditions constitutes your
acceptance and agreement to those changes, whether or not you actually reviewed
them. At the bottom of this page, we will notify you of the date these Terms and
Conditions were last updated.
DISCRIMINATION
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
PRIVACY
COPYRIGHT
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
INTELLECTUAL PROPERTY INFRINGEMENT
YOUR ACCOUNT
DISCLAIMERS AND LIMITATIONS OF LIABILITY
ONLINE CONDUCT
DELIVERY TIMES
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
DISCRIMINATION
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
PRIVACY
Please review our Privacy Policy, which also
governs your visit to the Site. To the extent there is a conflict
between the terms of the Privacy Policy and the Terms and
Conditions, the Terms and Conditions shall govern.
COPYRIGHT
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
INTELLECTUAL PROPERTY INFRINGEMENT
We rely on a network of independent affiliates,
subsidiaries, agents, third-party product providers, third-party Content
providers, vendors, suppliers, designers, contractors, distributors,
merchants, sponsors, licensors and the like (collectively, "Associates")
who supply some of the goods advertised on the Site and, in some cases,
drop ship them directly to our customers. In accordance with the
Digital Millennium Copyright Act, we are not liable for any infringement
of copyrights, trademarks, trade dress or other proprietary or
intellectual property rights arising out of Content posted on or
transmitted through the Site, or items advertised on the Site, by our
Associates. If you believe that your rights under intellectual property
laws are being violated by any Content posted on or transmitted through
the Site, or items advertised on the Site, please contact us promptly
so that we may investigate the situation and, if appropriate, block or
remove the offending Content and/or advertisements. It is our policy to
disable access to infringing materials, and to terminate access of
repeat infringers to the Site. In order for us to investigate your
claim of infringement, you must provide us with the following
information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on the Site;
4. Your name, address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement. Our claims agent can be contacted via postal mail at ECX LLC PO BOX 190 CUSTER WA 98240.
TRADEMARKS
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on the Site;
4. Your name, address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement. Our claims agent can be contacted via postal mail at ECX LLC PO BOX 190 CUSTER WA 98240.
TRADEMARKS
Ecigexpress and other marks which may or may not be designated
on the Site by a “™” “®” “SM” or other similar designation, are
registered, pending or unregistered trademarks or service marks of ecigexpress.com, in the United States and other countries. Our graphics,
logos, page headers, button icons, scripts, and service names are
trademarks or trade dress of ecigexpress.com. ecigexpress.com's trademarks
and trade dress may not be used in connection with any product or
service that is not ecigexpress.com's, in any manner that is likely to
cause confusion among customers, or in any manner that disparages or
discredits ecigexpress.com. All other trademarks not owned by us that
appear on the Site are the property of their respective owners, who may
or may not be affiliated with, connected to, or sponsored by ecigexpress.com.
SITE ACCESS
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ecigexpress.com or its Associates without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.
SITE ACCESS
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ecigexpress.com or its Associates without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.
If you use the Site, you are responsible for maintaining the
confidentiality of the information you submit through “My Account” and
the corresponding password and for restricting access to your computer.
You agree to accept responsibility for all activities that occur under
“My Account” or password. We reserve the right to refuse service,
terminate accounts and to remove or edit content submitted by you in the
“My Account” area of the Site.
EXPORT
EXPORT
The U.S. export control laws regulate the export and
re-export of technology originating in the United States. This includes
the electronic transmission of information and software to foreign
countries and to certain foreign nationals. You agree to abide by these
laws and their regulations.
LINKS
LINKS
We are not responsible for the content of any sites that may
be linked to or from the Site or any bulletin board associated with us
or the Site. These links are provided for your convenience only and you
access them at your own risk. Unless otherwise noted, any other
website accessed from the Site are independent from us, and we have no
control over the content of that other website. In addition, a link to
any other web site does not imply that we endorse or accept any
responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
The Site is provided on an "AS IS," "as available" basis.
Neither ecigexpress.com, nor its Associates warrant that use of the Site
will be uninterrupted or error-free. Neither ecigexpress.com, nor its
Associates warrant the accuracy, integrity, or completeness of the
Content provided on the Site or the products or services offered for
sale on the Site. Further, ecigexpress.com makes no representation that
Content provided on the Site is applicable or appropriate for use in
locations outside of the United States. ecigexpress.com specifically
disclaims warranties of any kind, whether expressed or implied,
including but not limited to warranties of title, implied warranties of
merchantability or warranties of fitness for a particular purpose. No
oral advice or written information given by ecigexpress.com or its
Associates shall create a warranty. You expressly agree that your
access to, viewing of, browsing, visiting or use of the Site is at your
sole risk.
Under no circumstances shall ecigexpress.com.com or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to ecigexpress.com records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of ecigexpress.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
Under no circumstances shall ecigexpress.com.com or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to ecigexpress.com records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of ecigexpress.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
ONLINE CONDUCT
You agree to use the Site only for lawful purposes. You are
prohibited from posting on or transmitting through the Site any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful, racial, ethnic, or
otherwise objectionable material of any kind, including but not limited
to any material that is or that encourages fraudulent activity or
encourages conduct that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any applicable local, state,
federal, or international law. If we are notified of or suspect
allegedly infringing, defamatory, damaging, illegal, or offensive
Content provided by you (e.g., through an author chat or online review),
we may (but without any obligation) investigate the allegation and
determine in our sole discretion whether to remove or request the
removal of such Content from the Site. We may disclose any Content or
electronic communication of any kind (i) to satisfy any law, regulation,
or government request; (ii) if such disclosure is necessary or
appropriate to operate the Site; or (iii) to protect the rights or
property of ecigexpress.com, its Associates, our users and customers and/or
you.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of ecigexpress.com or any third party. Notwithstanding the foregoing, neither ecigexpress.com nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither ecigexpress.com, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
USAGE BY MINORS
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live.
NICOTINE SALES TO MINORS
SHIPPING
RISK OF LOSS
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of ecigexpress.com or any third party. Notwithstanding the foregoing, neither ecigexpress.com nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither ecigexpress.com, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
USAGE BY MINORS
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live.
NICOTINE SALES TO MINORS
We will not sell nicotine or nicotine related products to
anyone who is not of legal age to purchase and use tobacco or nicotine
products under applicable law. We cannot be held responsible for minors
purchasing nicotine or nicotine related products with a parent or
guardian’s credit card. By placing your order for nicotine or a nicotine
related product you are confirming that you are of legal age to
purchase and use nicotine products in the state, country or territory
where you are based. We may restrict the purchase of nicotine related
products in your area.
APPLICABLE LAW
If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of Washington, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and ecigexpress.com and/or its Associates. If you access the Site from anywhere other than the United States or Canada, you agree that English law will govern these Terms and Conditions and the purchase of products by you through the Site and that any dispute of any sort that might arise between you and ecigexpress.com or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of England and Wales.
RETURN POLICY
APPLICABLE LAW
If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of Washington, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and ecigexpress.com and/or its Associates. If you access the Site from anywhere other than the United States or Canada, you agree that English law will govern these Terms and Conditions and the purchase of products by you through the Site and that any dispute of any sort that might arise between you and ecigexpress.com or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of England and Wales.
RETURN POLICY
E-Liquid: Unfortunately, we are not able to
accept returns on e-liquid that does not meet personal flavor
expectations. Taste is a very subjective sense that will vary greatly
from person to person. We highly recommend purchasing a small 10ml bottle from our site to determine if our e-liquid is a good
match for your personal taste. In accordance with our strict Quality
Control guidelines, returned e-liquid could never be re-used for any
purpose, so will not be accepted.
Consumable Hardware: Consumable hardware such as atomizers, cartomizers and cartridges are non-refundable unless proven to be defective. Defective consumable products may be returned for a full refund or exchange within 14 days of purchase.
PRICING AND AVAILABILITY OF PRODUCTS
Consumable Hardware: Consumable hardware such as atomizers, cartomizers and cartridges are non-refundable unless proven to be defective. Defective consumable products may be returned for a full refund or exchange within 14 days of purchase.
PRICING AND AVAILABILITY OF PRODUCTS
Prices and availability of products on the Site are subject
to change without notice. Errors will be corrected when discovered.
Our Site contains a large number of products and it is always possible
that, despite our best efforts, some of the products listed on our Site
may be incorrectly priced. We will normally verify prices as part of our
dispatch procedures so that, where a product's correct price is less
than our stated price, we will charge the lower amount when dispatching
the Product to you. If a product’s correct price is higher than the
price stated on our Site, we will normally, at our discretion, either
contact you for instructions before dispatching the product, or reject
your order and notify you of such rejection. We are under no obligation
to provide the product to you at the incorrect (lower) price, even after
we have sent you an Order Confirmation or a Shipping Confirmation, if
the pricing error is obvious and unmistakable and could have reasonably
been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
The term shipping or ship includes the commencement of
shipping items in an order for multiple purchases or where the item
purchased consists of components that must be shipped separately. For
example, your order may consist of (1) several different items, (2) a
quantity of the same item, or, (3) a single item with several component
parts the size of which might require them to be shipped in separate
packages. In all such orders, we endeavor to ship out individual
packages together so that they arrive at the same time; however, when
that is not possible, we commence shipping by shipping individual
packages in the order the soonest they are available and conditions
permit. In these instances, our notification to you that your order has
“shipped”, marks the time when shipping has commenced; it does not mean
that all items in the order have shipped at that time. You agree that
credit cards and debit cards are to be charged on the date of inventory
reservation for the order, not the date of shipping.
RISK OF LOSS
All items purchased from ecigexpress.com are made pursuant to a
shipment contract. This means that the risk of loss and title for such
items pass to you upon tender of the item to the carrier.
Your order will be fulfilled by the delivery date set out in
the Shipping Confirmation or, if no delivery date is specified, then
within a reasonable time of the date of the Shipping Confirmation, which
could in exceptional circumstances be longer than 30 days.
DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY
DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY
To all international customers only, we warrant to you that,
where you buy a product as a consumer, any product purchased from us
through our Site is of satisfactory quality and reasonably fit for all
the purposes for which products of the kind are commonly supplied and
will conform with description or sample.
Our liability for losses any international customer suffers as a result of us breaking these Terms and Conditions or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
This does not in any way limit or exclude any liability of us (a) under section 2(3) of the Consumer Protection Act 1987, (b) for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; (c) for death or personal injury caused by our negligence or (d) for fraudulent misrepresentation. Other than the warranties and other assurances we give you in these Terms and Conditions, ecigexpress.com specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by ecigexpress.com shall create a warranty (unless made fraudulently).
Our liability for losses any international customer suffers as a result of us breaking these Terms and Conditions or anything else we do or do not do in connection with any order is strictly limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could reasonably be contemplated by the parties at the time your order is accepted by us.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
This does not in any way limit or exclude any liability of us (a) under section 2(3) of the Consumer Protection Act 1987, (b) for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; (c) for death or personal injury caused by our negligence or (d) for fraudulent misrepresentation. Other than the warranties and other assurances we give you in these Terms and Conditions, ecigexpress.com specifically disclaims all warranties, conditions and other terms of any kind, whether expressed or implied, including but not limited to implied terms of satisfactory quality or fitness for purpose. No oral advice or written information given by ecigexpress.com shall create a warranty (unless made fraudulently).
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
YOU MUST BE 18 YEARS OF AGE TO ACCESS AND OR MAKE A PURCHASE FROM THE ECIGEXPRESS WEBSITE. BY ACCESSING THE ECIGEXPRESS WEBSITE YOU ARE AGREEING TO THE FOLLOWING:
ECIGS, ECIGARETTES, ELECTRONIC CIGARETTES, E-LIQUID, E-JUICE, and their AFFILIATED PRODUCTS HAVE NOT BEEN APPROVED BY THE FDA. THESE ARE NOT APPROVED SMOKING CESSATION PRODUCTS.
E-JUICE (ALSO KNOWN AS E-LIQUID) CONTAINS NICOTINE AND MAY BE HAZARDOUS IF USED IMPROPERLY. NICOTINE IS POISONOUS AND CAN BE DEADLY IF USED IMPROPERLY. KEEP E-LIQUID AND OTHER E-SMOKING PRODUCTS AWAY FROM PEOPLE UNDER THE AGE OF 18 AND AWAY FROM PETS. E-LIQUID AND E-SMOKING PRODUCTS HAVE NOT BEEN APPROVED BY THE FDA. USAGE OF THESE PRODUCTS ARE AT YOUR OWN RISK AND WE MAKE NO REPRESENTATIONS ABOUT THE SAFETY OF THE PRODUCTS WE SELL. THESE PRODUCTS HAVE NOT BEEN APPROVED FOR SMOKING CESSATION. YOU ALSO AGREE THAT YOU ARE KNOWINGLY AND INTENTIONALLY SEEKING ACCESS TO SUCH PRODUCTS FOR YOUR OWN PERSONAL USE. ALWAYS CONSULT A PHYSICIAN PRIOR TO USING ANY OF THESE PRODUCTS.
ECIGEXPRESS CARRIES FOOD FLAVORINGS THAT ARE TO BE ADDED TO FOOD ONLY. NO RESEARCH HAS BEEN DONE ON THE INHALATION OF FOOD FLAVORING. AS SUCH, THE PURCHASER OF FOOD FLAVORINGS ACKNOWLEDGES THAT THE PURPOSE FOR FOOD FLAVORING IS TO ENHANCE THE TASTE OF FOOD. THE PURCHASER ALSO ACKNOWLEDGES THAT THE INHALATION OF FOOD FLAVORINGS IS DONE AT YOUR OWN RISK.
ECIGEXPRESS.COM (ECX INC) IS NEVER RESPONSIBLE FOR DAMAGES, DIRECT OR INDIRECT, AS A RESULT OF THE PRODUCTS SOLD ON ECIGEXPRESS.COM.ECX INC BOX 190 CUSTER, WA 98240-0190
