Terms of Service
This website, our official NORTH49VAPE app and our brick & mortar store are owned and operated by 8900779 Canada Inc o/a North49Vape. Throughout the site, the terms “we”, “us” and “our” refer to North49Vape. North49Vape offers this website and our NORTH49VAPE app, including all information, tools and services available from this site and app to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, downloading our app and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, 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. By accessing or using any part of the site, you agree to be bound by these Terms of Service. Take special note that the act of registering, or filling out the billing and shipping forms on the Checkout Page with your accurate personal information or pressing the “Place Order” button is tantamount to a LEGALLY BINDING SIGNATURE and an UNEQUIVOCAL ACKNOWLEDGMENT that you have FULLY READ, UNDERSTOOD and AGREE with this entire agreement, and in particular, Section 14: Assumption of Risks, Release of Liability and the Waiver of Claims (see below).
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. 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. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 19 years old in your state or province of residence.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You understand that the term ‘e-liquid’ or ‘juice’ may refer to a nicotine-containing fluid.
You agree to have fully read and understand North49Vape’s shipping, returns and backorder policies. Click here to view them.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted 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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND 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 5 – PRODUCTS
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products 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 anytime without notice, at the sole discretion of us. 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 the Service will be corrected.
Warranties: All product sold “AS-IS” or “With All Faults”
NORTH49VAPE IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY NORTH49VAPE ARE NOT MANUFACTURED BY NORTH49VAPE, NOR DIRECTLY IMPORTED BY NORTH49VAPE. SOME PRODUCTS MAY BE COVERED BY A MANUFACTURER’S WARRANTY, HOWEVER, NORTH49VAPE CANNOT ADMINISTER ANY WARRANTY PROGRAM ON BEHALF OF ANY MANUFACTURER NOR SERVE AS A LIAISON FOR THE CUSTOMER TO DEAL DIRECTLY WITH THE MANUFACTURER. THE CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE NO RECOURSE UNDER SUCH WARRANTIES WITH REGARD TO NORTH49VAPE AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. THE CUSTOMER ALSO ACKNOWLEDGES THAT IT WILL CONTACT THE MANUFACTURER DIRECTLY FOR ANY WARRANTY CLAIM. NORTH49VAPE MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCTS SOLD WHATSOEVER. NORTH49VAPE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ALL ITEMS SOLD THROUGH NORTH49VAPE ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE DISTRIBUTOR, OR NORTH49VAPE , ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
SECTION 6 – ACCURACY OF BILLING AND 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 e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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, shipping address and/or credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. 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 liable for any harm or damages related to the purchase or use of 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.
SECTION 9 – USER COMMENTS, FEEDBACK AND 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 compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain 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 may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or 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 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site 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 if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, 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 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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 13 – DISCLAIMER OF WARRANTIES
NORTH49VAPE MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCTS SOLD WHATSOEVER. NORTH49VAPE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ALL ITEMS SOLD THROUGH NORTH49VAPE ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE DISTRIBUTOR, OR NORTH49VAPE, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
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 at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We cannot warrant that the quality or ingredients of any eliquid products you obtain will be labelled accurately or free from impurities.
SECTION 14 – NORTH49VAPE WAIVER: ASSUMPTION OF RISKS AGREEMENT, RELEASE OF LIABILITY, WAIVER OF CLAIMS
PLEASE READ THIS WAIVER CAREFULLY!
By registering with the site or submitting your order, you are knowingly “signing” this document and waiving certain legal rights, including the right to sue or claim compensation following an accident, which you or your heirs, next of kind, executors, administrators and assigns may have against 8900779 Canada Inc or North49Vape (the releasee).
On your behalf and on behalf of any persons exposed to products you have purchased from North49Vape or for whom you are legally responsible, you agree to the following:
ASSUMPTION OF RISKS
- You are aware and understand that activities involving ecigarettes, vaporizers, liquid nicotine, batteries, and other vaping accessories involve many risks, dangers and hazards, including but not limited to the following:
- Vaporizers and their accessories can at any time cause electrocution, severe burns, cuts, chemical explosions, choking, even death.
- Vaporizers can have dangerous manufacturer’s defects and faulty designs that could cause equipment failure that causes severe bodily harm and even death.
- User negligence, failing to read product user manuals, and not exercising ordinary care in the operation of vaporizers and their accessories can be extremely hazardous to your health.
- Liquid Nicotine is highly toxic and can cause lethal poisoning through inhalation, skin contact or swallowing.
- Nicotine increases blood pressure and heart rate.
- Nicotine produce adverse fetal effects and must never be used by pregnant or breastfeeding woman.
- Nicotine is highly addictive and causes physical dependence.
- Difficulty concentrating and deficits in task performance are symptoms of nicotine withdrawal.
- Nicotine is highly toxic and should never be handled by, or accessible to, children or pets. 30–60 mg (0.5–1.0 mg/kg) can be a lethal dosage for adult humans.
- The inhalation of eliquid could cause severe allergic reactions or irritations.
- The inhalation of eliquid may have unknown but severe short-term and/or long-term health risks.
- The inhalation of flavoured eliquids containing Diacetyl, acetyl propionyl, acetoin or any other declared or undeclared chemical could cause long-term damage to your lungs (e.g. “popcorn lung”).
- The improper storage of vaporizers and liquid nicotine could be lethal. You understand that storing your vaporizers and liquid nicotine in a safe place out of the reach of children and pets is absolutely necessary for the prevention of accidental poisoning or death.
- Lithium Ion batteries are potentially hazardous and can present a serious FIRE HAZARD if damaged, defective or improperly used.
You understand and acknowledge that no amount of caution, experience or guidance can eliminate all of the risks involved and you freely accept and fully assume all such risks, danger and hazards and the possibility of personal injury, death, property damage and damages of loss resulting there from.
RELEASE OF LIABILITY
In no case shall 8900779 Canada Inc o/a North49Vape, 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 lost profits, 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 from your use of any of the service or any products procured using the service, or for any other claim related in any way to your 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.
WAIVER OF CLAIMS
In consideration of North49Vape providing you with products, services or recommendations that you solely request, you hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that you have or may have in the future against 8900779 Canada Inc or North49Vape and their directors, officers, employees, agents, representatives and volunteers (all of whom are collectively referred to as the RELEASEES) and to release the Releasees from any and all liability for any loss, damage, injury or expense you may suffer, or any persons exposed to products that you have purchased from North49Vape may suffer, due to any cause whatsoever, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE.
- This agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario; and
- Any litigation involving the parties of this Agreement shall be brought within the Province of Ontario.
You agree to indemnify and hold harmless North49Vape and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any all liability, claim or demand, for any damage to property or personal injury to yourself or a third party, 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 your violation of any law or the rights of a third-party.
SECTION 15 – 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.
SSECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective upon your registration and unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
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 Services (or any part thereof).
SECTION 17 – 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 site or in 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 the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – 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 Ontario, Canada.
SECTION 19 – 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, at 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 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org