Terms & Conditions

For Your Benefit – Please Take Note

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Warning To Users!

THESE PRODUCTS CAN EXPOSE YOU TO CHEMICALS, INCLUDING FORMALDEHYDE, WHICH IS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER, AND NICOTINE, WHICH IS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM. FOR MORE INFORMATION GO TO WWW.P65.WARNINGS.CA.GOV

These products are intended for use by persons of the legal smoking age in their current jurisdiction, and not by children, women who are pregnant or breastfeeding, or persons with or at risk of heart disease, high blood pressure, diabetes, or taking medicine for depression or asthma. This product is not intended for use as a smoking cessation aid product nor is it designed to prevent, treat, cure or diagnose any sickness, illness, or disease. Nicotine is highly addictive and toxic! Vapor Candy, LLC and these statements have not been evaluated or approved by the FDA.

Terms & Conditions

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Use of the Website

By accessing the website, you warrant and represent to the website owner that you are legally entitled to do so and to make use of information made available via the website.

External links

External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

Trademarks

The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.

Disclaimer of liability

The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

We shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if our company has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, VAPOR CANDY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. VAPOR CANDY does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. VAPOR CANDY does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Typographical Errors

In the event that a product is mistakenly listed at an incorrect price, VAPOR CANDY reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. VAPOR CANDY reserves the right to refuse or cancel any such orders even if the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, VAPOR CANDY shall issue a credit to your credit card account in the amount charged.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. VAPOR CANDY may terminate these terms and conditions, or any part of them, without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of VAPOR CANDY products) shall be in the state or federal courts located in Collin County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of VAPOR CANDY products) must be commenced within one (1) year after the claim or cause of action arises. VAPOR CANDY’S failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. VAPOR CANDY may assign its rights and duties under this Agreement to any party at any time without notice to you.

Participation Disclaimer

VAPOR CANDY does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, VAPOR CANDY is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, VAPOR CANDY reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to VAPOR CANDY in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless VAPOR CANDY, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

To provide increased value to our visitors, VAPOR CANDY may link to sites operated by third parties. However, even if the third party is affiliated with VAPOR CANDY, VAPOR CANDY has no control over these linked sites, all of which have separate privacy and data collection practices, independent of VAPOR CANDY. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, VAPOR CANDY seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

18+ Use Only Policy

The products sold by VAPOR CANDY are strictly for use by persons of legal smoking age, in accordance with your state law. By purchasing any of the items from VAPOR CANDY by any method, you agree that you are of 18 years of age or older. Anyone found purchasing products for someone under the age of 18 will have their account terminated immediately and permanently with no future reinstatement under any circumstances.

Sales & Tobacco Excise and/or use tax and/or consumable material tax

IMPORTANT NOTICE: Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. For more information, please visit your state’s department of revenue website.

Vapor Candy, LLC has nexus in the State of Texas, and therefore only collects and remits taxes to the State of Texas. Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Any product(s) containing nicotine that are purchased from this site and shipped to a State/Province that imposes Tobacco Excise and/or Use Tax, and/or Consumable Material Tax are the responsibility of the purchaser to report and pay the applicable tax according to the provisions set forth by that State/Province. By purchasing from this site, residents outside the State of Texas that receive any shipments from this site, agree to and assume full responsibility for reporting and paying said taxes, which are not collected at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state’s department of revenue website.

FOR OUR TAX-EXEMPT CUSTOMERS: Vapor Candy does not collect sales tax if we have your exemption certificate on file.

Tobacco Excise and/or Use Tax and/or Consumable Material Tax

Vapor Candy, LLC has Nexus in the State of Texas. Any product(s) containing nicotine, that are purchased from this site, then are shipped to a “state/province” that imposes a tobacco excise and/or use tax, and/or a consumable material tax, and the taxes are not charged at the point of sale, the purchaser will be required to report and pay the applicable tax according to the provisions set forth by that “state/province”.

Warranties

The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.

External Links

External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

Conflict of terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Applicable laws

Use of this website shall in all respects be governed by the laws of the state of Texas, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Texas courts located in Dallas, Texas, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts