TERMS

TERMS AND CONDITIONS

NOT FOR SALE TO ANYONE UNDER 21| CALIFORNIA PROPOSITION 65 – Warning: Products on XLVape.com contain nicotine, a chemical known to the state of California to cause birth defects or other reproductive harm. Products are not smoking cessation products and have not been evaluated by the Food and Drug Administration, nor are they intended to treat, prevent or cure any disease or condition. Please, consult a health care professional for any questions or advice relating to the purchase or usage of the e-liquids sold by XL Vape, LLC., prior to purchase. If you experience any adverse symptoms, please, seek immediate medical attention by calling your local emergency number or 911. The United States Poison Control Center is available 24 hours a day, 7 days a week at: 1(800)-222-1222. If you spill nicotine juice on your skin, the National Institute of Health recommends that you wash the affected area immediately with soap and lots of water for at least 15 minutes.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is operated by XL Vape, LLC. Throughout the site, the terms “we”, “us” and “our” refer to XL Vape. 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 laws. By visiting the XL Vape website or purchasing products from us, you are engaging in our “service” and agree to be bound by the following terms and conditions. If you do not agree to these terms and conditions, please, do not use this site. In addition, any reliance you place on any information found on the XL Vape website is strictly at your own risk. XL Vape, its employees and its representatives release themselves from liability for all transactions, information, and statements found on the site. Any or all comments left by users on XL Vape do not reflect opinions held by the owners, employees and representatives of XL Vape and such comments do not testify to the accuracy of claims made. By purchasing or using any products from XL Vape, or using any information provided by XL Vape employees, you acknowledge that you have read and agree to these warnings and responsibilities and accept all liabilities. In no way can XL Vape or its members, managers, agents, affiliates, or its employees be held responsible or liable for any adversity, loss, or damage caused by the purchase, or use, of e-liquids or any vape products from XL Vape. Purchases made on the XL Vape website are at the risk of the buyer. XL Vape will not be held liable for injuries, death, damage, or defect that may result from improper handling or storage of purchased products.

We reserve the right, in our sole discretion, to edit or delete any documents, information or other content appearing on the XL Vape website, including this Agreement, without further notice to users of the website. All changes are effective immediately when posted and are applicable to all access and use of the website, thereafter. Your continued use of the website following postings of revised “Terms of Use” is acknowledgment and acceptance of the aforementioned changes. Additionally, we reserve the right to refuse service to anyone for any reason at any time, including but not limited to the event that any technical failures occur such as pricing errors or oversights in stock on the website.

Customer Qualification

In order to purchase you must be 21 years old or older and hold a valid business license in the Vape and Smoke Shop industry. XL Vape Distribution reserves the right to request additional documentation in support of business status. We also reserve the right to cancel any orders that are found to be placed by non-qualified accounts.

Shipping

XL Vape Distribution will make the best effort to ship items the same day when orders are placed Monday - Friday. Orders placed on Saturday, Sunday or any major holiday may not ship until the following business day. Once a package has shipped, XL Vape Distribution will take NO responsibility in the carriers shipping time-frame. Furthermore, we cannot be held accountable for any mistakes or errors made by the carrier services providers including items lost in transit, sent to the wrong address, nor international fees charged by your country or any involved third parties.

All purchases of physical items from the XL Vape website are made pursuant to a shipment contract. XL Vape is NOT responsible for lost, damaged or stolen packages. If the customer does not receive a package that is marked as delivered, it is their responsibility to resolve this issue with the appropriate shipping company. Lost, damaged or stolen packages are very frustrating, and we will do our best to help the customer resolve the problem. However, understand this is completely beyond our control and does require the customer to contact the appropriate shipping company or local post office for assistance.

Out-of-Stock Products

We will ship your product as it becomes available. Orders usually ship within 24 hours of payment but may be delayed due to arriving shipments that contain products that you have ordered. There may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment.

Return Policy

We strive for your satisfaction with your purchase and want to help you resolve issues as quickly as possible. If you receive damaged products please notify your Sales Representative to initiate a request within 5 (five) business days of delivery. Instructions will be provided after a request is initiated. XL Vape Distribution does not accept returns unless you receive damaged products. Shipping fees are non-refundable. Due to its properties and to protect all buyer’s health we do not accept returns for E-liquid.

What if an end-user wants to return a defective product to my store?

If you purchased directly from XL Vape Distribution for your retail store, products purchased from the retailer by an end-user that are returned will be subject to the retailer’s policy on refunds. In order to assist the end-user in resolving the defective product issue, the retailer may inform the end-user to contact STIG warranty at https://stigpods.com/customer-support.

If you did not purchase directly from XL Vape Distribution and wish to return products or seek to claim a refund for defective items you accepted back from an end user, handling of defective products will be subject to the sub-distributors’ policy on returns.

Communication

You agree that XL Vape Distribution may send electronic mail to you for the purpose of advising you of changes or additions to this site about any of products or services, or for such other purposes that XL Vape Distribution deems appropriate.

Typographical Errors

In the event that a product is mistakenly listed at an incorrect price, XL Vape Distribution reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve 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 canceled, we shall issue a credit to your credit card account in the amount of the incorrect price.

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 XL Vape Distribution. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order XL Vape Distribution or purchasing XL Vape Distribution 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 XL Vape Distribution or to purchase XL Vape Distribution 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 XL Vape Distribution. 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 XL Vape Distribution used in the site are trademarks or registered trademarks of XL Vape Distribution.

Warranty Disclaimer

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, XL Vape Distribution disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. XL Vape Distribution 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. XL Vape Distribution does not make any warranties 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.

Limitation of Liability

XL Vape Distribution 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 XL Vape Distribution 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.

Term; 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 XL Vape Distribution without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Limitation of Liability, Indemnification and Disclaimer, shall survive any termination.

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 XL Vape Distribution 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.

Indemnification

You agree to indemnify, defend, and hold harmless XL Vape Distribution, 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. XL Vape Distribution makes no representations or claims about safety or health benefits associated with products. Products sold by XL Vape Distribution have not been reviewed by the FDA and are not intended to treat, diagnose, prevent or cure any disease. Comments/reviews posted by visitors or customers of XL Vape Distribution or associated websites do not represent the opinion of XL Vape Distribution or its employees or representatives.

Battery Disclaimer

By purchasing batteries from XL Vape Distribution, you are accepting full responsibility for proper battery care and usage. Batteries can fail without warning. The user must know the risks of lithium batteries and should have knowledge of how to care for them, charge and discharge them, and use them safely before using any device or mod. Never leave charging batteries unattended. Batteries may explode if mishandled. XL Vape Distribution and its employees and its authorized representatives will not be held liable or responsible for the use/misuse of lithium batteries, e-cigarette devices, or any battery chargers. Should you have any questions, please don’t hesitate to ask us.

Image Disclaimer

The images used on the website are for reference only and do not reflect the actual representation of the product. We do not provide any guarantee as to the accuracy, completeness or suitability of the images shown of the products for any particular purpose. Actual product packaging and materials may contain more and/or different information than those shown on our website.

Description Disclaimer

While we work to ensure that product information is correct, the assumed or described color, texture, material, weight or flavor profile may differ from the actual product. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming any products available on our site.

Pricing Disclaimer

XL Vape reserves the right to change product pricing at any time without notice. XL Vape also reserves the right to limit quantities on promotion products. While XL Vape makes every effort to provide the most accurate and up to date information, occasionally items on the website may be priced incorrectly. Where a product is listed with incorrect pricing due to typographical, photographic or technical difficulties, XL Vape reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. If an item’s correct price is higher than the stated price, we will cancel your order and send a notification detailing the pricing error and order cancellation. The customer, of course, will have an opportunity to purchase the item at the correct listing price, if they wish to do so.

Online Security

For reason that XL Vape takes security very seriously, all orders placed are passed through a secure third party Online Security System. The Online Security System compares information provided by the customer and the cardholder's information on file with the Cardholder to verify information and identity. All information must be matched correctly to pass our Online Security System. There are NO exceptions. All billing information provided MUST match the customer’s credit/debit card provider billing address records for your transaction. Additional information may be required to complete an order, or the order will be immediately cancelled and refunded.

Hours of Operation

Our Customer Service representatives are available Monday through Friday 9:00 AM to 5:30 PM PST.

Our Shipping Department operates Monday to Friday 9:00 AM to 4:30 PM PST.

Processing for non-issue orders is typically shipped in 24 hours. However, during special sale offers and holidays, the processing time may extend to 6 business days.

Our facility is closed on Saturday, Sunday and all major American holidays or any holidays observed. All orders and inquiries placed on Friday after 2:00 PM PST will begin processing the subsequent business day.