PRODUCT / E-COMMERCE STORE TERMS & CONDITIONS
This website is operated by EZ-Vape Canada Inc. (“EZ-Vape”). Throughout the site, the terms “we”, “us”, and “our” refer to EZ-Vape.
EZ-Vape offers this website, including all information, tools, and services available to you, the user, subject to and conditional upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing our products, you engage in our “service” (the “Service”) and agree to be bound by the following terms and conditions (these “Terms of Service”, or “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink or emails. These Terms of Service apply to all users of this website, 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 periodically for changes to these Terms of Service. Your continued use of, or access to, the website following the posting of any changes to these Terms of Service constitutes your acceptance of all such changes.
You are responsible for maintaining the confidentiality of your account and password for EZ-Vape’s online store and for restricting access to your computer. By accessing and using our website and online store, you agree to accept full responsibility for all activities that occur under your account or password.
Products containing nicotine found on this website are addictive and may be hazardous. Those who do not currently use nicotine should not start. Nicotine products sold on this website are not intended for former smokers or those who have never smoked. All products sold by EZ-Vape’s online store are intended for use by adult (19+) smokers only, and are not intended for pregnant or nursing women, children, people with or at risk for heart disease, high blood pressure, diabetes, asthma, or those who are sensitive to propylene glycol, nicotine or vegetable glycerin. Information and statements regarding these products have not been evaluated by Health Canada or the FDA. Please be responsible with e-liquid and your vape devices, and keep it stored out of reach of children and pets.
Nicotine products sold on this website are not intended as a smoking cessation product, but rather as an alternative to traditional cigarettes. Therefore, none of the information and products on this website are intended to diagnose, treat, cure, or prevent any disease or addiction, and should not be considered a substitute for professional medical care from your physician, and other medical experts. If you experience any side effects, or possible side effects, stop using the product immediately and consult a physician. Please use safe disposal of any products containing nicotine or batteries.
Nicotine strength is measured in milligrams per mL (mg/mL), not per bottle. To make it easy to understand, an e-juice bottle may show this same information as 12mg/mL, or 1.2%, or just 12mg. When nicotine is present, it may be poisonous if orally ingested, or if high concentration of nicotine contacts your skin. An average lethal dose (LD50) of nicotine is about 30mg–60mg (0.5mg/kg–1.0mg/kg) for an adult, 10mg for a child, and even less for a pet (this is an estimate only). Amounts less than those which have been listed can produce the severe symptoms of nicotine poisoning listed below. If you get any e-liquid on your skin or clothing, wash it off immediately with soap and COLD water. No e-liquid should come into contact with your lips. If this occurs, rinse your lips immediately with soap and cold water. If any e-liquid is swallowed, immediately rinse your mouth and call a poison center or a physician.
NICOTINE OVERDOSE SYMPTOMS MAY INCLUDE vomiting, nausea, and/or diarrhea; headaches; troubled breathing; paleness (of skin); sweating; heart palpitations; stomach cramps; drooling; and fatigue.
Poison Control Hotline in Vancouver – (604) 682-5050
SECTION 1 – SHIPPING, TRACKING, & MISSING PACKAGE POLICY
Shipping and tracking of products purchased from us, and any missing packages, are subject to the terms of our Shipping, Tracking & Missing Package Policy, which can be found here: Shipping Policies.
SECTION 2 – RETURNS, REFUNDS & EXCHANGES
Returns, refunds and exchanges are subject to the terms of our Returns, Refunds and Exchanges Policy, which can be found here: Returns, Refunds & Exchanges.
SECTION 3 – ONLINE & RETAIL STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 19 years of age. Government-issued identification will be required during delivery or pick-up of the products sold by EZ-Vape’s online store, even if such products do not contain nicotine. You must not use any of our products for any illegal or unauthorized purpose, nor may you, in the use of our website, online store or Service, violate any laws in your jurisdiction (including, but not limited to, any vaping laws or copyright laws).
You may use this website and online store only for your lawful, personal, non-commercial purposes, in the manner permitted by these Terms of Service and subject to all applicable laws.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your information and 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.
Any breach or violation of any of these Terms of Service will result in immediate termination of your right to use our website, online store and Service.
SECTION 4 – COUPONS, DISCOUNTS, & PROMOTIONS
From time to time, we may (but are under no obligation to) provide coupon or discount codes to customers for use in connection with our online store. A maximum of one coupon or discount code can be used per transaction. Coupon codes cannot be used in combination with special sales or other promotions.
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 or other substances. Products found on this website are for recreational use only. The information found on this website is provided for information purposes only and should not be considered a substitute for professional medical advice from your physician or other medical experts. Information and statements regarding the products on this website has not been evaluated by Health Canada or the FDA. Please review all product descriptions very carefully, keeping in mind that we all as individuals are different; therefore, actual results may vary among users of any of these products, including taste, number of puffs and battery life. Any reviews or opinions expressed on this website are those of the reviewer(s) and consumer(s), and are not endorsed, adopted, verified or affirmed in any way by EZ-Vape. The reproduction of statements made by consumers who have used products listed on this website is for illustrative purposes only. Statements about taste profile, battery life or other similar claims are subjective, and certainly do not reflect what every consumer may experience when using a particular product.
SECTION 6 – COPYRIGHT & TRADEMARK
This website and its content (including all text, graphics, video, audio, photos, logos, button icons, images, digital downloads, and data compilations) are owned by EZ-Vape, its licensors and suppliers, and are protected by Canadian and International copyright, trademark and other 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 EZ-Vape, its licensors or suppliers (as applicable). Users and visitors are not permitted to modify, distribute, publish, transmit, copy or create any derivative works of any information or material found on this website for any commercial, public, or private purpose. Your use of this website does not transfer to you any right, title or interest in, to or associated with this website or any of its content, and nothing appearing on this website will be construed or deemed as granting you, by implication, estoppel, or otherwise, any license or right to use any of the content of this website.
SECTION 7 – ACCURACY, COMPLETENESS, & TIMELINESS OF INFORMATION
We are not responsible if any information made available on this website is not accurate, complete, or current. The material on this website is provided for general information purposes only and should not be relied upon or used as the sole basis for making any decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is entirely at your own risk.
This website may contain certain historical information, which may not be current. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any of this information at any time. You agree that it is your responsibility to monitor changes to our website and to determine for yourself the accuracy, completeness and currency of all information provided here.
SECTION 8 – MODIFICATIONS TO THE SERVICE & PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 9 – PRODUCTS AND SERVICES
We have made every effort to display, as accurately as possible, the descriptions, specifications, colors and images of all electronic vaporizer products that appear on this website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated in any way, 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 any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
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 any part of the Service will be corrected.
SECTION 10 – ACCURACY OF BILLING, FRAUD RISK, & ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer 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 email and/or billing address or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by scammers, competitors, dealers or resellers.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. 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 as needed.
EZ-Vape may rely and act upon any communication that is provided to us through your account. We have no obligation whatsoever to verify the identity or authority of any person using your account, but we may, in our sole discretion, deny access to and use of your account.
You are fully and solely responsible for maintaining the confidentiality of your account information and for any and all use and misuse of your account. You must immediately notify us if you discover any unauthorized use of your account.
SECTION 11 – THIRD PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties. You acknowledge and agree that if any such materials are provided, they are provided on “as is” and “as available”, without any representations, warranties or conditions of any kind and without our endorsement. We shall have no responsibility or liability whatsoever arising from or relating in any way to your use of any third party materials. Any and all use by you of any third party materials is entirely at your own risk and discretion, and you must ensure that you understand and approve of the terms on which such materials are provided by the relevant third party providers.
Third party links on this website may direct you to third party websites that are not affiliated with EZ-Vape. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties. We are not responsible or liable in any way for any harm or damages related to the purchase or use of any goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party, not us.
SECTION 12 – USER COMMENTS, FEEDBACK, & OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, 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 shall be under no obligation (1) to maintain any comments in confidence; (2) to pay any compensation of any kind for any comments; or (3) to respond to any comments in any way. We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service. You agree to ensure that your comments do not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree to ensure that your comments do not contain any 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 must not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility, and assume no liability, for any comments posted by you or any third party.
SECTION 13 – PERSONAL INFORMATION
SECTION 14 – ERRORS, INACCURACIES, & OMISSIONS
Occasionally there may be information on our website or in the Service that contains 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 (including after you have submitted your order) if any information in the Service or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend, or clarify any information in the Service or on any related website, including, without limitation, any 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 these Terms of Service, you are prohibited from using the website 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 for violating any of the 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 entirely at your sole risk. The Service and all products sold to you is provided ‘as is’ and ‘as available’ for your use, and EZ-Vape expressly disclaims and excludes any and all warranties of any kind whatsoever, including, but not limited to, any implied warranties or conditions, statutory or otherwise, as to merchantability or fitness for any particular purpose or use or otherwise.
In no case shall EZ-Vape, 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, health, lost profits, lost sales, 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 directly or indirectly from the your use of any of the Service or any products procured using the Service, or for any other claim related in any way to the 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 EZ-Vape and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, 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 by 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.
SECTION 19 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate the agreement arising from your acceptance of these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our website. 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 Service (or any part thereof). The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
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 website, 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 these 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 British Columbia, and the federal laws of Canada applicable in British Columbia. Each of the parties irrevocably and unconditionally submits and attorns to the original and exclusive jurisdiction of the Courts of British Columbia with respect to any disputes that may arise in relation to these Terms of Service, the website, the online store or the Service. Notwithstanding anything otherwise contained in these Terms of Service, we may in our discretion commence legal proceedings against you in the courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Service and protect our rights in, to and associated with the website and its content.
SECTION 22 – 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, in 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 23 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at customerservice @(at) ezvape.com or EZ-Vape Canada Inc., #408 – 19055 Airport Way, Pitt Meadows BC V3Y0G4, Canada