Terms & Conditions
Terms & Conditions:
TERMS AND CONDITIONS OF SALE
1. Sale and Purchase of Goods
Volt Vapes ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, goods of the description and quantity described on the checkout window ("Checkout") and incorporated herein by this reference ("Goods") on the terms and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller's costs of collection, including attorney fees, legal fees and costs and disbursements.
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller's standards and practices.
5. Limited Warranty
Seller supplies as its sole warranty the following:
Defective merchandise may be returned within 14 days from receipt of the item. You must contact Volt Vapes in order to return items, non-approved returns will not be accepted. Upon return of defective merchandise we will replace the defective item with a new and working one. Should an item be inspected, and deemed not defective, you will be contacted and the item will be returned to you. Should we not be able to replace the defective merchandise, we will issue a refund for the purchase price of the defective merchandise. Shipping is non-refundable. We only accept returns on mechanical hardware unless otherwise stated on the product page. All liquids or consumable merchandise is sold As-Is, with no warranties expressed or implied.
The warranty shall last for 14 Days.
The warranties provided for herein shall be governed by Seller's warranty policies in effect on the date of shipment.
6. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
7. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Idaho, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the State of Utah and hereby waives any objection to such jurisdiction and venue
Additionally Binding user Agreement:
Upon entry of this website as well as upon purchase and use of Volt Vapes products and services you hereby accept as well as fully agree to all of the policies, terms, and conditions listed herein or anywhere else on this website (www.electronicstix.com.) You furthermore waiver your right to any trial by court – regardless of other statements within our terms of service,- and agree that any disagreement, discrepancy, or lawsuits will be forfeit by you, and negotiations (if any) will be settled by arbitration at the full option or discretion of Volt Vapes. Volt Vapes reserves the right to take legal action or recourse on you the consumer for any misuse or unlawful activities in regards to your relationship with Volt Vapes. products and services. Volt Vapes. furthermore reserves the right to deem arbitration of these agreements unnecessary for any reason, leaving you without any form of recourse. Upon entrance of this website you agree to release, waiver, and forfeit all rights to settlement for any situation, whatsoever, concerning Volt Vapes. Upon purchase or completion of any order, as well as upon receipt of Volt Vapes products or services you are entering an agreement of “No Contest” wherein you may not intentionally market, promote, or create another company as well as service another entity that could be considered competition in the same or in a similar market which may promote, market, or sell similar or identical products or services.
By use of this website you also legally agree to be bound to the following statements, and agreements.
In the following section of agreements, "you" the user will be referred to as "I, my, me, or myself" in order to clarify that these are factual statements and agreements, where in "you" the user understand, agree, affirm, confirm and comply to the statements listed hereafter.
By accepting this Agreement and thereby entering this website, I hereby swear and affirm under oath, represent and warrant that the following statements are true:
• I am at least 18 years old.
• I am not visiting this website from the jurisdiction of any municipality, city, state, country, or other governmental entity where ordering or using vaporizers or Volt Vapes products is prohibited by law. I understand the standards and laws of the area I am accessing this site from.
• By entering this website, I agree to release, discharge, and hold harmless the providers, owners and creators of this website from any and all liability which might arise from viewing or using the products listed on this site.
• If I use these services in violation of this Agreement, I understand I may be in violation of local, state, federal, international or other laws.
• I am familiar with e-cigarettes, personal vaporizers, e-liquid, and all other products and services offered by Volt Vapes and www.voltvapes.com - I am aware of any and all cautions, dangers, or disastrous effects that may be caused by use of this product.
• I will not hold Volt Vapes, voltvapes.com, or any of its employees, operators, shareholders, or affiliates responsible for any harm, damages, hospitalization or death that could possibly occur from the use of this product.
• I will in no way seek to defraud Volt Vapes or any other person via the use of Volt Vapes whether it be for physical, monetary, or intangible gains. I will not make false claims in regards to any products or services.
• I will not purchase an item without first reading all agreements, warnings, disclaimers, or descriptions listed on the site.
• I will abide by the terms set forth on the Shipping Policy, Replacements and returns, and Terms of Service pages listed on voltvapes.com
• I will contact Volt Vapes before initiating any returns, charge-backs, or replacement services.
I ALSO AGREE TO, AND UNDERSTAND THE FOLLOWING STATEMENTS:
• By purchasing e-cigarettes or e-liquid I take on full responsibility and liability for its use.
• Nicotine can be very addictive, harmful and even fatal if misused. I will not use this product to cause harm to myself, or anyone else.
• I will keep all liquids put away, and out of the reach of children, and animals.
• I understand these liquids and statements have not been evaluated or approved by the FDA and that all Volt Vapes products are used at my own risk.
• I agree to hold Volt Vapes harmless in the event of any misfortune, and In no way can Volt Vapes or its operators, and affiliates be held responsible if damages occur.
• Volt Vapes products and services are not to be used or given to minors, and are not available to anyone younger than the legal smoking age.
• Women who are pregnant or breastfeeding should not use Volt Vapes products and services.
• People who suffer from heart related disease or injury should not use Volt Vapes products or services.
• Smoking causes cancer and often results in death.
• Volt Vapes products contain propylene glycol - allergic people should not use Volt Vapes Vape Fuel products or services.
• Volt Vapes products and services are not NRT or nicotine reduction therapy. And are not sold or marketed as a quit-smoking aid.
• In the event of any misfortune (including but not limited to: sickness, disease, medical emergency, or death) I will agree to release and discharge Volt Vapes and its operators from any liability - taking full legal responsibility upon myself for any unfortunate event.
• I have read this entire Agreement and I agree to be legally bound by it.
In order to access some of the services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
Security and Password
This website takes every precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and protected. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just "surfing".
If you have any questions about the security at our web site, please send an e-mail to email@example.com.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.