Terms and Conditions
TERMS AND CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS SHOULD BE READ 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 the use of this site constitutes an agreement on your behalf to the Terms and Conditions of this site and other applicable laws.
This is a Wholesale site only. You must be over 21 years old to enter and have a valid tax or resale ID number.
To protect our wholesale customers, you must Register and provide us with a valid Tax or Resale ID number to place orders. You are responsible for ensuring that you are eligible for the exemption you are claiming. Each state’s laws governing exemptions are different, and you will be held liable for any tax, interest, and possible penalties imposed by the member state if your purchase is not legally exempt. To determine what sales and use tax exemptions are allowed in your state, please refer to your state’s website or other information available relating to this exemption.
TERMS OF SALE:
Approved customers can call or email your order requests. We require a $250.00 minimum order amount. Acceptable payment methods include: E-check payment in advance of shipping or Cash on Delivery. If the pick-up is made in our warehouse, we accept cash and money orders.
By placing an order, you are offering to purchase a product on and subject to our terms and conditions. All orders are subject to availability and confirmation of the order price. In some instances, delivery and/or additional fees may be applicable.
Note: Electronic Cigarettes are not available for shipping.
For all other products, dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with ECIG-XPRESS.com you must be over 21 years of age, have a valid tax or resale ID number, and possess a valid checking account to draw funds from. ECIG-XPRESS.com retains the right to refuse any request made by you. If your order is accepted, we will inform you by email. When placing an order, you undertake that all details you provide to us are true and accurate, and that you are an authorized checking account signatory. When placing an order make sure there are sufficient funds to cover the cost of the goods.
(a) Our Contract
When you place an order, you will receive an invoice. We will contact you to obtain the information needed to process an E-check payment. Once the payment has been made and funds are collected by our bank, your order will be shipped. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. If payment for an order is made COD, then the contract formed will be completed upon receipt and payment of the order delivered.
(b) Pricing and Availability
While we try to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Upon receiving your order, we will ask you to email a check payment to us or provide your checking account information to submit an E-check payment. Your E-check payment for your order will be debited from your checking account. The monies received upon the debiting of your E-check shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(d) Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law ECIG-XPRESS.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect ECIG-XPRESS.com's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
All prices shown are wholesale prices and are subject to change without notice. ECIG-XPRESS.com is not responsible for typographical errors appearing on this website or in any other publications.
All refused or unclaimed orders will result in a 10% restocking fee plus all freight charges. If the customer would like the order reshipped, all additional freight charges will be added. If it is the fault of ECIG-XPRESS.com, refused orders will be fully credited or reshipped at our expense.
Products may be returned to ECIG-XPRESS.com within 30 days from invoice date after contacting our customer service department. Unless it is the fault of ECIG-XPRESS.com, all returned items will incur a restocking fee of 10% and the customer will be responsible for any shipping charges. Unauthorized returns will not be credited or reshipped.
DAMAGES AND SHORTAGES:
Any order discrepancies must be reported within 48 hours of delivery. All orders leave our warehouse in good condition. If your boxes appear to be opened, re-taped, damaged, or tampered with in any way, you must keep the original boxes and file a claim with the carrier. If your order arrives in good condition but contains damages, shortages, or overages, please contact a Customer Service Representative to file a claim. If it is the fault of ECIG-XPRESS.com, any damaged or shorted merchandise will be credited or reshipped at our expense. In the case of overages or incorrect merchandise, ECIG-XPRESS.com will arrange for return shipping.
ECIG-XPRESS.com reserves the right to charge a 10% restocking fee on all items being returned. Please make sure that you thoroughly go over your order with our customer service agent during the order review to avoid any problems.
ECIG-XPRESS.com owns and operates this Website. This document governs your relationship with ECIG-XPRESS.com. Access to and use of this Website and the products and services available through this Website are subject to the following terms, conditions and notices. By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and ECIG-XPRESS.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT:
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of ECIG-XPRESS.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by ECIG-XPRESS.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
LINKING TO THIS WEBSITE:
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT:
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with ECIG-XPRESS.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to ECIG-XPRESS.com.
You agree to indemnify, defend and hold harmless ECIG-XPRESS.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
ECIG-XPRESS.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and ECIG-XPRESS.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of ECIG-XPRESS.com.