Terms of Service

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. 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.

Age Requirements

By accessing this site and purchasing e-liquids, you agree that you are 18 years or older.

Shipping Disclaimer

Vaporescence LLC does not assume liability for customs seizures on international orders that exceed government restrictions or limitations on importing e-liquid for personal use.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Vaporescence LLC. The collective work includes works that are licensed to Vaporescence LLC. Copyright 2013, Vaporescence LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Vaporescence LLC or purchasing Vaporescence LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Vaporescence LLC or to purchase Vaporescence LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Vaporescence LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Vaporescence LLC used in the site are trademarks or registered trademarks of Vaporescence LLC.

Warranty Disclaimer

This site and the materials and products on this site, unless otherwise specified, are provided "as is" and without warranties of any kind, whether express or implied. Any warranties specified are not transferrable. To the fullest extent permissible pursuant to applicable law, Vaporescence LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Vaporescence LLC 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. Vaporescence LLC 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. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Vaporescence LLC Product Warranties

30 DAY DEVICE LIMITED WARRANTY

Vaporescence LLC offers a limited 30 Day warranty from the date of purchase against defects in workmanship and materials. This warranty does not cover atomizers or cartomizers due to the heavy use toll and expected life of the part (3 months) and is subject to the Terms and Conditions of purchase. The warranty will be considered void if the product has been tampered with in any way, has been used with parts other than those sold and supplied by Vaporescence LLC, is damaged through improper use, normal wear and tear, acts of GOD, negligence or abuse. The warranty does not cover buyer's remorse.

Please return defective items ONLY to:

Vaporescence LLC

Include a full description of the defect along with your return address, telephone number, and legible proof of purchase. We are not responsible for damage or loss incurred as a result of postal handling. This Limited Warranty gives the original purchaser specific limited rights, in addition to those rights under applicable local law.

Limitation of Liability

Vaporescence LLC 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 Vaporescence LLC 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. These products are not intended to diagnose, treat, cure or prevent any disease. Information and statements made are for educational purposes and are not intended to replace the advice of your health care professional. By purchasing these products, you agree to use products at your own risk. Under no circumstances will Vaporescence LLC, be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on any product on this site

Typographical Errors

In the event that a Vaporescence LLC product is mistakenly listed at an incorrect price, Vaporescence LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Vaporescence LLC reserves the right to refuse or cancel any such orders whether or not 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 cancelled, Vaporescence LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Vaporescence LLC 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.

Notice

Vaporescence LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Vaporescence LLC.

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 Vaporescence LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Vaporescence LLC products) must be commenced within one (1) year after the claim or cause of action arises. Vaporescence LLC 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. Vaporescence LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Vaporescence LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Vaporescence LLC 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, Vaporescence LLC 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, Vaporescence LLC 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 Vaporescence LLC in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Vaporescence LLC, 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

In an attempt to provide increased value to our visitors, Vaporescence LLC may link to sites operated by third parties. However, even if the third party is affiliated with Vaporescence LLC, Vaporescence LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Vaporescence LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Vaporescence LLC 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).

Minor Compliance

Vaporescence LLC will not sell any tobacco/nicotine related products to anyone under the age of 18, nor will it sell tobacco products themselves. Vaporescence LLC cannot be held responsible for minors purchasing tobacco/nicotine related products with a guardian credit card. By using the Site, you agree that you are at least 18 years of age.

Returns/Refunds

There are no returns or refunds accepted once merchandise has been shipped. There is only a 45 day warranty on all warranted parts from the time of order being placed. All warranted parts must be returned to Vaporescence LLC before a new replacement will be shipped.

Cancellations

All cancellations will be charged a 3.9% cancellation fee. Orders not picked up within 4 days of notification will be cancelled and subject to the cancellation fee.

Warranty

All parts covered under the 45 day period will be replaced once they have been returned to Vaporescence LLC at the purchasers expense. This 90 day warranty starts at the time the order is placed. The warranty is to basically cover items from being D.O.A. or from a very premature failure. All items deemed to be damaged from misuse will not be covered under the warranty, and may be returned to the customer at their own expense.

Lithium Ion Battery Warning

CAUTION: when working with Li-ion cells, they are very sensitive to charging characteristics and may explode if mishandled. User should have enough knowledge on Li-Ion rechargeable batteries in charging, discharging, and assembly before use.

Put the batteries in fire-proof container.

Never leave batteries unattended when charging or while in use.

Do not put batteries on wood surface or carpet when charging.

Make sure to charge in Fire-Proof container.

We are not responsible for damage of any modification to the batteries in form or shape.

We are not responsible for any damage caused by misuse or mishandling of theses Li-Ion batteries.

See additional battery info below.

Shipping

Once offered, all orders will be shipped within 24 hours. There may be days like holidays, or times when the store is closed that there will be no shipping for that day/s. The next following day your order will ship. Days other than national holidays etc.. that USPS or UPS are not working there will be a message on the home page stating the days there will be no shipping for those dates. If your order is not shipped out on time we will issue a refund for 15% back of your order minus shipping costs.

Vaporescence LLC Lithium- Ion Battery Disclaimer

Because of the inherent instability of lithium metal, research shifted to a non-metallic lithium battery using lithium ions. Although slightly lower in energy density, the lithium-ion system is safe, providing certain precautions are met when charging and discharging. Today, lithium-ion is one of the most successful and safe battery chemistries available. Two billion cells are produced every year.

Charging and Battery Safety & Precautions

Although lithium-ion batteries are very common there are some inherent dangers when using ANY battery.

Lithium cells are like any other technology–if they are abused and not used for their intended purpose catastrophic results may occur, such as: first-, second-, and third-degree burns, respiratory problems, fires, explosions, and even death.

Please handle the lithium-ion BATTERIES with care and respect.

BATTERY CHARGING PRECAUTIONS

Disconnect battery when not in use
Use battery only for its intended use - Never use a battery in an appliance it is not intended for
Do not leave battery on charger once it is fully charged
Never disassemble, modify, or solder a battery
Do not place battery in fire or water
Never charge with an unspecified or modified charger
Never charge a battery that has been damaged
Maintain your battery and charger - make sure the connections are clear and clean
Dispose of battery properly

There are many reasons to recycle these batteries rather than throw them away where they may end up in a regular landfill. This is because they enter the solid waste stream and can contaminate soil and water. Please check with your [city or state] on their policy of recycling of batteries.

While every effort was made to ensure that the information contained in this information sheet is accurate, it is published with the understanding that Vaporescence is providing useful information, but is not attempting to render engineering or other professional services. If such services are required, the assistance of an appropriate professional should be sought. Vaporescence does not warrant or guarantee the accuracy and completeness of the information published herein, neither does Vaporescence take responsibility for any errors, omission, injuries or damages arising from this information or the use of batteries or units we provide.

NICOTINE DISLCAIMER

CALIFORNIA PROPOSITION 65 Warning:
Nicotine products contain a chemical known to the state of California to cause birth defects or other reproductive harm. Do not use if you are pregnant, and/ or breastfeeding.
These products are intended for use by persons 18 or older, and not by children, women who are pregnant or breast-feeding, or persons with or at risk of heart disease, high blood pressure, diabetes, or taking medicine for depression or asthma. If you have a demonstrated allergy or sensitivity to nicotine or any combination of inhalants, consult your physician before using this product. This product is sold purely for recreational purposes – it is not a smoking cessation product and has not been tested as such.
 
NICOTINE DANGERS
- Nicotine is highly toxic.
- Nicotine is very addictive 
- Always avoid contact with skin.
- Nicotine is very toxic if swallowed.
- E-liquid is very toxic to aquatic organisms.
   
SAFETY
In case of contact with eyes, rinse immediately and thoroughly with water and seek full medical advice immediately.
In case of contact with skin, wash immediately and thoroughly with soap and water.
If Nicotine is swallowed, seek medical attention immediately.
In case of an accident, or if you feel unwell, seek full medical advice, and show this information to your doctor 
 
DISPOSING OF NICOTINE
Both container and E-liquid contained within, must be disposed of in a safe way, with due care to both man and the environment.
Use appropriate containment for your E-liquid, to avoid environmental contamination

NICOTINE PRODUCT DISLCAIMER
The vast majority of our e-liquids contain nicotine. Nicotine is a highly toxic and addictive poison. Nicotine-containing e-liquids are only intended for use by committed smokers of legal smoking age, and they are not intended for use by nonsmokers, children, women who are pregnant, or may become pregnant, or by any person with an elevated risk of, or pre-existing condition of, any medical condition which includes, but is not limited to, heart disease, diabetes, high blood pressure, emphysema, or asthma. Should a user experience any side effects, or possible side effects, they should stop using the product immediately and consult a qualified healthcare physician.

Our e-liquids and related inhalation devices are NOT provided as smoking cessation products and they have not been approved by the FDA, EMA or the MHRA for this purpose. Our e-liquids and related inhalations devices are not intended to treat, prevent, or cure, any disease, condition or addiction. Additionally, persons suffering from pre-existing lung disease or serious medical conditions resulting from smoking should not use an e-cigarette except with the advice of their doctor. If you have emphysema or pneumonia or bronchitis or suspect that you may, YOU MUST NOT USE an e-cigarette and you must stop any further inhalation of any materials not prescribed by your doctor.
E-liquids may be lethal if ingested; with a highly increased risk of fatality present should they be accidentally consumed by children. In the event of accidental ingestion, medical advice should be sought immediately and the physician shown the bottle from which the product was consumed. All of our nicotine-containing products must be safely locked away in a child-proof cabinet (or other highly secured area) when not in use, and they must be kept out of the reach of children, the infirm, and animals, at all times.

Skin contact with our e-liquids must be avoided wherever possible. If the product comes into direct contact with the skin, the affected area must be washed immediately with copious amounts of running water. If the product comes into contact with the eyes, the affected area must be rinsed immediately with copious amounts of running water and medical advice sought.

Our e-liquids must not be disposed of in domestic refuse or water courses. Advice should be sought from a local waste disposal authority when disposing of nicotine-containing e-liquids.

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