PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING PRODUCTS FROM US.
All users of this site agree that, access to and use of this site is subject to the following terms and conditions.
If you do not agree to these terms and conditions, please do not order products or use this site.
YOU MUST BE OVER 18
TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, reviewed, understood, and agreed to by a person over 18 of age.
BY PURCHASING PRODUCTS FROM VAPOR A LA CARTE, YOU AGREE TO USE THE PRODUCTS AT YOUR OWN RISK. YOU AGREE TO READ ANY AND ALL WARNINGS, TAKE PROPER PRECAUTIONS AND KEEP THE PRODUCTS OUT OF REACH FROM CHILDREN AND PETS.
LIMITATION OF LIABILITY
Information accessible on this Site is for information purposes only and is not intended to be a substitute for professional medical advice. Vapor A la Carte does not warrant the validity of any health-related statements that may be contained on this Site or any such information that may be contained on third party sites referenced on this Site. You should always consult with your physician prior to using any nicotine product.
Vapor A la Carte shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the products on this site or the performance of the products, even if Vapor A la Carte 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.
Do not purchase any Vapor A la Carte products until you have read the following agreement.
You agree you have read the following warnings and any warnings that may be posted
on our website:
You must be over 18 to purchase products from Vapor A la Carte.
You agree to use products at your own risk.
Electronic cigarettes (“E-Cigarettes”) and/or their accessories have NOT been evaluated by the FDA to treat or diagnose any disease or condition. They are NOT intended for use in smoking cessation or for any therapeutic use.
Vapor A la Carte makes NO CLAIMS regarding the effectiveness of the products sold for ANY use.
Vapor A la Carte products are intended to be used ONLY by ADULTS OVER THE AGE OF 18 who want to use these products for personal enjoyment.
Electronic cigarettes (“E-Cigarettes”) and/or their accessories have NOT been fully evaluated by the FDA for use in quitting smoking.
These products are sold purely for recreational purposes – They are NOT smoking cessation products and have not been fully tested by the FDA as such.
Vapor A la Carte reserves the right to refuse and close an account for any reason. If you use this site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer; “Smart Phone”, “Tablet” and you agree to accept responsibility for all activities that occur under your account. Vapor A la Carte only sells products to adults, 18 years or older, who own and can purchase with a credit card. If you are under 18, Vapor A la Carte will refuse service, terminate your account(s), remove or edit content, or cancel orders immediately.
We accept the following credit cards: Visa, MasterCard, and Discover. There is no surcharge for using your credit card to make purchases. The purchaser needs to be sure to provide his/her’s exact billing address and telephone number (i.e. the address and phone number that your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon the acceptance of your order.
MONEY ORDER – CASHIER’S CHEQUE – PERSONAL OR CORPORATE CHECK
Vapor A la Carte will accept money orders, cashier’s cheques, personal checks, and company checks in U.S. Dollars only. Money orders and cashier’s cheques must have the purchaser’s date of birth (DOB) notated. Personal checks must have the purchaser’s driver’s license number and date of birth notated. For personal and corporate checks, please allow up to seven (7) business days after receipt for clearance of funds before the order is processed.
Vapor A la Carte cannot guarantee the availability of a product(s) by the time funds clear or payment is received. Vapor A la Carte will charge a $35 fee on all returned checks.
ORDER ACCEPTANCE POLICY AND OTHER CONDITIONS
Your order is subject to acceptance by Vapor A la Carte and may be refused for any reason; including credit concerns, restricted product, unusual volumes, or shipping address(es). Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Vapor A la Carte reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. Once accepted, Vapor A la Carte may make partial shipments if some items are on backorder. By placing an order, you agree that Vapor A la Carte may do so and charge you for any items shipped.
These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether Vapor A la Carte accepts them or not. Vapor A la Carte reserves the right to make changes to this site and these Conditions at any time.
MULTIPLE PRODUCT ORDERS
For a multiple product order, Vapor A la Carte will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple product shipment order.
Vapor A la Carte will ship products according to your selected shipping instructions. Vapor A la Carte will use best efforts to ship the products within the estimated times reflected on your order but will not be liable for any failure to do so. Shipping charges are non-refundable.
Orders refused or uninsured are your responsibility. Vapor A la Carte’s shipping point is Denton County Texas. This means, that our responsibility ends when we deliver your package to a USPS location.
Orders that have been fulfilled by your specifications may not be charged back or disputed with your payment authority (bank, credit card, or other payment source). Chargebacks will be charged a fee of $40 ($25 charged by the processor and $15 charged by Vapor A la Carte for handling).
Our products are shipped to YOUR SPECIFICATIONS. Orders may NOT be canceled that have already been processed. Once an order is moved into fulfillment, there are NO REFUNDS, or CANCELLATIONS. Orders that have been fulfilled by your specifications may not be charged back or disputed with your payment authority (bank, credit card, or other payment source). Chargebacks will be charged a fee of $40 ($25 charged by the processor and $15 charged by Vapor A la Carte for handling).
RETURNS & WARRANTY
All products are sold without warranty of any kind and purchasers will, by their own tests, determine suitability of such products for their own use.
NO CLAIMS FOR LOSS OR DAMAGE ALLOWED AFTER DELIVERY IS MADE IN GOOD CONDITION TO USPS.
You agree to defend, indemnify, and hold harmless Vapor A la Carte, and any other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement.
CHOICE OF LAW AND FORUM
Vapor A la Carte is located in Denton County USA. This site (excluding third party linked sites) is controlled by Vapor A la Carte from its office within the State of Texas, U.S. of America. It can be accessed from all 50 states. As each of these states have laws that may differ from Texas, by accessing this site, both you and Vapor A la Carte agree that the statues and laws of and within the State of Texas shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and Vapor A la Carte also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Texas and any legal proceedings shall be conducted in English.
Vapor A la Carte makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
TRADEMARKS & COPYRIGHT
Unless otherwise specified, all materials appearing on this site, including the text, site design, logo, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Vapor A la Carte., Copyright c 2014, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Vapor A la Carte disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Vapor A la Carte 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. Vapor A la Carte 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.
PRICES SUBJECT TO CHANGE AND TYPOGRAPHICAL ERRORS
All store prices are subject to change without notice. In the event that a Vapor A la Carte product is mistakenly listed at an incorrect price, Vapor A la Carte reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Vapor A la Carte 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, Vapor A la Carte shall issue a credit to your credit card account in the amount of the incorrect price.
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 Vapor A la Carte without notice at any time, for any reason. The provisions relating to Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Vapor A la Carte 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 Vapor A la Carte.
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A. 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 Vapor A la Carte products) shall be in the state court located in Denton County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Vapor A la Carte products) must be commenced within one (1) year after the claim or cause of action arises. Vapor A la Carte’s 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. Vapor A la Carte may assign its rights and duties under this Agreement to any party at any time without notice to you.
Vapor A la Carte may link to sites owned and operated by third parties. However, even if the third party is affiliated with Vapor A la Carte, Vapor A la Carte has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Vapor A la Carte. These linked sites are only for your convenience and therefore you access them at your own risk.
Vapor A la Carte will keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience. We do not store any credit card information.
Our secure servers protect your information using advanced encryption techniques and firewall technology. To keep you informed about our latest offers, we may notify you of promotions and new products additions to the Vapor A la Carte site. You may unsubscribe from our notices by following the unsubscribe instructions in any email you may receive from us.
We use “cookies” to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time.
SHIPPING AND RETURNS POLICIES
Vapor A la Carte ships from Denton County Texas, USA. As you have entrusted us with your business, it is our goal to get your order to you as soon as possible via USPS (US Postal Service). Most orders will ship within 48 hours or less (excludes weekend orders). Our goal is 24 hours.
Orders will ship in either a bubble wrap padded envelope or in a shipping box depending on the size of your order. A handling and shipping charge will be added to your order. Once your order ships, you will receive an e-mail notifying you of the shipment of your order. We are not responsible for misdirected, lost or damaged orders caused by USPS. Please be sure to double check your order for correct address and zip code.
Vapor A la Carte does not accept returns or offer any refunds on consumable or disposable products for any reason. Consumable or disposable products include: Bottles, clearomizers, tanks, and coilheads. However, if you feel that you received a defective product, please email us at: email@example.com. We will do our very best to work with your to determine that the product is being used correctly and the issue is resolved quickly. If the product is determined to be defective and needs to be replaced we will provide a return address for you to ship the product back. We will replace the item or issue credit towards your next order. If the product is defective, we will pay for the postage on the replacement product only. Kangertech® batteries ONLY are guaranteed for sixty (60) days and MUST HAVE a Kangertech® trademark(s) in order to be replaced. A copy of your receipt notating the purchase of your Kangertech® battery from Vapor A la Carte must be included in your return along with the battery in question.