Terms of Service
HealthVape devices are not approved by the U.S. FDA.
This website – healthvape.com (the “Site”) is being made available to you free-of-charge. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms "healthvape.com", "we", "us", and "our" refer to healthvape.com, its affiliates and subsidiaries. HealthVape reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions and other policies and agreements related to the Site at any time and in any manner, without prior notice to you. You are bound by such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions to which you are bound. You can review the most current version of the Terms and Conditions at any time by clicking on the “Terms and Conditions” hyperlink located in the footer of this website. By using the Site, you signify your acceptance of these Terms and Conditions. Your use of the Site after changes are made signifies your assent to be bound by these Terms and Conditions and the Privacy Statement as they exist at that time.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
Any statements on this site, or any products, or materials distributed and/or sold by www.healthvape.com have NOT been evaluated by the FDA, or any other health or regulatory authority. HealthVape makes NO Health Claims as to the use of our products. HealthVape products are NOT intended to be a stop smoking or smoking cessation aid and have NOT been tested as such. HealthVape is NOT intended to diagnose, treat, cure or prevent any disease. Do NOT use if you are allergic to ANY of the ingredients in HealthVape. Discontinue use and consult a physician if you experience symptoms of misuse such as nausea, vomiting, dizziness, diarrhea, weakness or rapid heartbeat. Keep out of reach of children and pets. For more detailed product usage information please carefully read the FAQ - Frequently Asked Questions and view the 'Getting Started' sections of our website. To contact us please use the Contact Us form, or use one of the direct department emails found on the Contact HealthVape page of our website. Customer Service and Support: 213.322.7272, or email: email@example.com.
Anytime you send HealthVape an e-mail, or login onto our website at healthvape.com, you are communicating with us in an electronic format. This gives HealthVape the permission to communicate back to you in the same electronic format, either by e-mail or text written on our website. With this, we both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by HealthVape satisfies all legal notification requirements.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
INTELLECTUAL PROPERTY INFRINGEMENT
We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, "Associates") who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site.
All relevant information should be provided to our agent for notice of claims of copyright or other intellectual property infringement. Our claims agent can be contacted at firstname.lastname@example.org.
HealthVape® and other marks which may or may not be designated on the Site by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of HealthVape.com, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of healthvape.com. HealthVape.com's trademarks and trade dress may not be used in connection with any product or service that is not healthvape.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits healthvape.com. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by healthvape.com.
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through “My Account” and the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under “My Account” or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site.
Please contact HealthVape Customer Support if you have any further questions. Phone: 213.322.7272 Email: email@example.com
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site are independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Site is provided on an "AS IS," "as available" basis. Neither healthvape.com, nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither healthvape.com, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, healthvape.com makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. Except as set forth below, HealthVape.com specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by healthvape.com or its Associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall HealthVape.com or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use, misuse or altered use of our products or the use or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to healthvape.com records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of healthvape.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. Any use of our products is strictly at your own risk.
By use of this website you agree to defend, indemnify, and hold harmless HealthVape, its parent, affiliated companies and subsidiaries, its advertisers, licensees, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of the Site, or any services, information or products from the Site, or any violation of these Terms and Conditions. HealthVape reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with HealthVape in asserting any available defenses.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Site. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of the Site, HealthVape, its Associates, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of HealthVape.com or any third party. Notwithstanding the foregoing, neither HealthVape.com nor its Associates can ensure prompt removal of questionable content after online posting. Accordingly, neither HealthVape.com, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or content on the Site.
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
USAGE BY MINORS
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older) depending on where you live.
If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of Nevada, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and healthvape.com and/or its Associates. If you access the Site from anywhere other than the United States or Canada, you agree that English law will govern these Terms and Conditions and the purchase of products by you through the Site and that any dispute of any sort that might arise between you and healthvape.com or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Any dispute relating in any way to your visit to the site and/or to products you purchase through the site, or to the Terms and Conditions, Privacy and Security Policies, and Advertising or Solicitation practices must be filed within one (1) year after such claim or cause of action arises and shall be submitted to confidential arbitration in Los Angeles, California, USA, except that, to the extent you have in any manner violated or threatened to violate HealthVape's intellectual property rights, HealthVape may seek injunctive or other appropriate relief in any state or federal court in the State of Nevada, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATIONS, AND SEVERABILITY
Please review our other policies, such as our Returns Policy, Warranty Policy, Shipping and Delivery Policy, and others, all of which are incorporated herein by this reference and are posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Please note: All special offers, promotions, and coupon codes are subject to change at anytime. Only one coupon code may be redeemed per order.
After placing an order, you will receive an email from us acknowledging that we have received your order ("Order Confirmation" - Pending Status). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to verification, confirmation, and acceptance by us, and we will confirm such acceptance via email(s) with the status of your order (Order Status Updates - Pending, Processing, Processed, and Shipped ). The acceptance of your order will only be for those products specific to the “Order Confirmation”. We will not be obliged to supply any other products which may have been part of a separate Order Confirmation. We reserve the right to cancel your order at any time prior to or during acceptance and we may rescind our acceptance and cancel your order where there has been an obvious error in price, where the product is no longer in our inventory, if made aware of and/or provided incorrect or false information, if verification and confirmation requirements are not met, and if at any time the agreed to Terms and Conditions of Use are not adhered to. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
Please contact HealthVape if you have any further questions. Phone: 213.322.7272 Email: firstname.lastname@example.org
RETURN / WARRANTY POLICY
We are committed to serving the needs of our customers. As your satisfaction is extremely important to us, please first carefully review the below outlined information, and then contact our Return/Warranty Department based on these instructions so that we may promptly address your needs.
The HealthVape warranty is offered to original purchasers who have obtained their HealthVape product from healthvape.com (if you purchased your HealthVape product from a physical retailer, please return the product to the retailer). We warrant that your HealthVape product will be free from defects in material and workmanship under normal use and service for the full life of the product. The HealthVape lifetime warranty applies only to HealthVape electronic components and does not apply to Prefilled Cartridges or Disposable HealthVape products. This warranty does not cover any defects or costs caused by:
1) Modification, alteration, repair or service of this product by any persons or company other than HealthVape. The use of unapproved accessories (to include, but not limited the use of non approved HealthVape chargers and/or power adapters);
2) Physical abuse to, or misuse of the product or operation thereof in a manner inconsistent with the use clearly indicated in the instructions and/or at healthvape.com;
3) Any use of the product other than that for which it was intended and/or if at any time after payment is processed you do not wish to try and/or use it;
4) Shipment of the product to HealthVape for service.
Any express warranty not provided herein, and any remedy which other than the warranty contained herein that might arise by inference or operation of law, is hereby excluded and disclaimed including the implied warranties of merchantability and of the fitness for a particular purpose.
The HealthVape Lifetime Warranty is limited to a maximum of 3 replacements on any given order. The item must be defective, and will be replaced with an equal or available item from current inventory.
The HealthVape Lifetime Warranty can only be used within 90 days of your last purchase. As long as you have purchased a HealthVape product within the last 90-days, you may make full use of your warranty for the life of your HealthVape electronic product.
After 30 days, products cannot be returned for a refund. Replacement and/or repair of products, therefore is your exclusive remedy under the HealthVape Return and Warranty Policy.
Subject to the above warranty, in the event your HealthVape device fails to operate properly, please follow these 3 easy steps:
- Contact our Return/Warranty Department using the Contact Us form or email email@example.com to receive an approved, Return Authorization Number (RAN#). Please label the subject line, "Request for Return Authorization Number." In the body of your email, please include your (a)full contact information, including your first and last name and/or company name, (b)order i.d. and invoice number, (c) purchase date, (d) product code and price; to include quantity, color, flavor, and strength where applicable, (e) valid telephone number, (f) valid email address, (g) valid shipping address, and (h) A detailed explanation of the difficulty you are experiencing with the device and/or any of its components, your intentions for repair, replacement, or return. Your request will not be processed and the warranty will not be honored if all of these information entries are not provided. For additional questions regarding repair, replacement, and/or returns please electronically contact the HealthVape Return/Warranty Department at firstname.lastname@example.org .
- Within 48 hours of our receipt of your email, the Return/Warranty Department will review the information you have provided, and email you back with a resolution response and/or if applicable a Return Authorization Number (RAN#). Please do not send any product unless, and until you have received an email response and/or an RAN#. Once you have received your RAN#, please securely package your product contents, and components, and include within your package a copy of the required information entries, original invoice sent with your order, and the email from our Return/Warranty Department indicating your RAN#. If you are experiencing an issue with a product component only, please do not send us anything but the component. Mail any product returns to the following address:
2355 Westwood Blvd.
Los Angeles, CA 90064
- Once our Return/Warranty Department has received all of the information entries required and the HealthVape product(s) to be repaired, replaced, and/or returned we will take inventory and analyze the condition of the product(s). We will then send you a confirmation email concluding our findings and compliance with our repair, return, and warranty policies as stated in the Terms and Conditions of purchase agreed upon prior to completing your order at check out. Our email to you will include an estimated time to repair and/or replace your order. If the remedy is a refund then you will receive approval of none, part and/or all of your HealthVape product order based on our Terms and Conditions and compliance with the return and warranty policies. In the event your HealthVape purchase qualifies to be refunded in part or in whole we do not have any control over how long it takes your bank or financial institution to apply the qualifying refund to your original form of payment from the time it has been processed.
30-Day Money Back Guarantee only applies to the following:
HealthVape products that do not work properly, are unused, include all the original parts, components, and contents; are in the original packaging and condition, and comply with the HealthVape Warranty/Return Policy. We do not offer repair, replacement, and/or returns of opened and/or used E-Liquids, Cartridges, and/or Disposables. Misused, damaged, or broken HealthVape Products will not be repaired, replaced and/or refunded. HealthVape does not refund any product shipping costs unless it was our error sending them to you. We do not pay the cost of shipping HealthVape products back to us for repair, replacement, and/or refund unless it was our error sending them to you. All merchandise submitted and approved for return/refund must be received within 30-days of the original purchase date and is subject to a 10% restocking fee.
PRICING AND AVAILABILITY OF PRODUCTS
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. The Site may contain a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a shipping confirmation from us, but the product is no longer available in our inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “shipped”, marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
Please contact HealthVape Customer Service if you have any further questions. Phone: 213.322.7272 Email: email@example.com
Upon satisfying and completion of the agreed to requirements, verification, confirmation, and/or acceptance process by HealthVape.com your order will be fulfilled, shipped , and delivered by the date set forth in the shipping confirmation or, if no delivery date is specified, then within a reasonable time of the date the shipped confirmation email is sent, which could in some circumstances ( i.e. delays or errors caused by the carrier, delays by foreign customs agencies and postal services, or for any reasons outside of our control ) be longer than 30 days. When creating a HealthVape.com account and agreeing to the Terms and Conditions of Use prior to finalizing your order(s) you are acknowledging and accepting responsibility to know, understand, and abide by all laws and regulations set forth by the town, city, state, country, or territory pertaining to the use of all products or items offered for sale or purchased on HealthVape.com. We will not be held responsible for orders which the ship to and/or final delivery location provided are delayed, detained, or returned due to circumstances outside of our control and/or knowing the possible shipping and delivery risks prior to and/or at the time of order placement.
RISK OF LOSS
All items purchased from HealthVape.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item from us to the carrier.
Pricing of products available for purchase by non-U.S. customers may vary by country and from our prices for our U.S. customers, owing to the inclusion of all or a portion of shipping, taxes, duties and imports factored into the price of the product.
These Terms and Conditions contain the entire understanding between you and us regarding the use of the Site, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto.
Any statements on this site, or any products, or materials distributed and/or sold by www.healthvape.com have NOT been evaluated by the FDA, or any other health or regulatory authority. HealthVape is NOT intended to diagnose, treat, cure or prevent any disease. You should NOT use this product if you are pregnant or breastfeeding, have or are at risk of heart disease, high blood pressure, diabetes, if you are taking medicines for depression or asthma or if you are allergic to vegetable glycerin, propylene glycol, or any combination of inhalants. Do NOT use if you are allergic to ANY of the ingredients in HealthVape. Discontinue use and consult a physician if you experience symptoms of misuse such as nausea, vomiting, dizziness, diarrhea, weakness or rapid heartbeat. If swallowed, some HealthVape products can present a choking hazard. Keep out of reach of children and pets. To contact us please use the Contact Us form. Customer Service and Support - Phone: 213.322.7272 Email: firstname.lastname@example.org
QUESTIONS ABOUT THESE TERMS AND CONDITIONS
If you have a question about the Site, and/or the Terms and Conditions / Return and Warranty Policies contact us via the Contact Us form or email email@example.com.
These Terms and Conditions were last revised and made effective as of 1/1/2018.