TERMS & CONDITIONS
USE OF SITE
You must be 18 years or older to purchase any product from this site. Our products contain nicotine, a poisonous and addictive substance. Our products are only intended for committed smokers of legal smoking age and not by non-smokers, children, women who are pregnant or may become pregnant or any person with an elevated risk of, or preexisting condition of, any medical condition which includes, but is not limited to, heart disease, diabetes, high blood pressure or asthma. If you experience any side effects or possible side effects, stop using the product immediately and consult a physician. Product may be poisonous if orally ingested. Our products are not smoking cessation products and have not been tested or guaranteed as such. Our products have not been evaluated by the Food and Drug Administration nor is it intended to treat, prevent or cure any disease or condition. For their protection, please keep out of reach of children and pets. By purchasing from this site you acknowledge reading and agreeing to these Terms and Conditions of Sale.
Terms of Service
The term ‘COMPANY’ or ‘us’ or ‘we’ refers to the 121 Vapes website and any or all of its legal representatives or officials. The term ‘you’ refers to the user or viewer of our website.
Warranty & Disclaimer
The materials and products on the 121 Vapes website are provided “as is”. 121 Vapes makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, 121 Vapes does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of its services, the materials on its Website or otherwise relating to such materials or on any sites linked to this site.
Lithium Ion Battery Warning
CAUTION: when working with Li-ion cells, they are very sensitive to charging characteristics and may explode if mishandled. User should have enough knowledge on Li-Ion rechargeable batteries in charging, discharging, and assembly before use. Charge and store the batteries in fire-proof container. Never leave batteries unattended when charging or while in use. Do not put batteries on wood surface or carpet when charging. Make sure to charge in Fire-Proof container. Only use the charger supplied with your product. Using any other chargers may cause damage to the battery and malfunctions, which can cause serious injuries. We are not responsible for damage of any modification to the batteries in form or shape. We are not responsible for any damage caused by misuse or mishandling of theses Li-Ion batteries.
Learn more about proper storage and care for lithium batteries here:
Revisions and Guarantee of Accuracy
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
The products and materials appearing on The 121 Vapes website could include technical, typographical, or photographic errors. 121 Vapes does not warrant that any of the materials on its website are accurate, complete, or current. 121 Vapes may make changes to the products and materials contained on its website at any time without notice. 121 Vapes does not, however, make any commitment to update these materials.
Limitations, Warranties and Liabilities
Your use of any information, products or materials on this website is entirely at your own risk, for which we will not be liable. It is ultimately the user’s responsibility to ensure that any products, services or information available through this website meet the user’s specific requirements.
In no event shall 121 Vapes or any of its suppliers or representatives be liable for any damages (including, without limitation, damages for products or profit, or due to business interruption,) arising out of the use or inability to use the materials on the 121 Vapes website, even if 121 Vapes or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Copyrights and Trademarks
The 121 Vapes website contains material which is owned by or licensed to the company. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to, 121 Vapes, are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
Third-Party Links and Endorsements
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify endorsement of any kind, direct or implied. We have no responsibility for the content of the linked website(s). 121 Vapes has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by 121 Vapes of the site. Use of any such linked website is at the user’s own risk
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of California without regard to its conflict of law provisions.
‘Business Customer’ means a legal entity (otherwise referred to as ‘you’) who enters into a Contract with 121 Vapes to buy Goods or Services other than for private use.
‘Consumer’ means ‘you’ who enters into a Contract with 121 Vapes to buy Goods or Services for private use.
‘Quotation’ is a tender made by 121 Vapes whether oral or in writing.
‘Contract’ means any contract between you and 121 Vapes for the sale and purchase of Goods or Services, incorporating these Terms.
‘Goods’ means any goods agreed in the Contract to be supplied to you by 121 Vapes (including any products or parts of them) in accordance with these terms and conditions.
‘Order’ means an order for Goods or Services made by you in accordance with these Terms.
‘Order Confirmation’ means our written acceptance of your order and which comprises part of the Products.
‘Normal Working Hours’ means 9am to 8pm on a Working Day.
‘Working Day’ means Monday to Sunday.
2.1 When you place an Order for Services, this will be considered as an offer by you to purchase the Services from 121 Vapes subject to these Terms and we shall not be obliged to accept your offer at our discretion.
2.2 We will send you an Order Acknowledgement on receipt of your Order whether the order is accepted by 121 Vapes or not.
2.3 We will accept your offer and create a contract with you by sending to you an Order Confirmation once we have confirmed availability of the Services.
We reserve the right to obtain validation of your credit or debit card details before providing you with any Goods.
2.4 The Order Confirmation will be binding on you unless there is an inadvertent discrepancy between the Goods that you ordered and those detailed in the Order Confirmation. You should notify us as soon as you become aware of any such discrepancy.
2.5 If we cannot supply the Goods ordered by you, we reserve the right to offer alternative Goods of equal or superior quality. Any such changes will be detailed in the Order Confirmation. In such cases, if you do not wish to accept the alternative Goods offered, you may cancel the Order and require the refund of any money paid to us in respect of that Order, including carriage charges. This shall be your sole remedy.
2.6 We make every effort to supply the Goods as advertised but reserve the right to supply the Goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer. Images of Goods are provided for illustrative purposes only and the actual Goods you receive may differ from the image displayed in the catalogue or on our website, especially with generic products.
2.7 When you place an order, you are undertaking to 121 Vapes that:
(a) all details you provide to us for the purpose of purchasing Goods are correct, and
(b) the credit or debit card you use to make a purchase from us is your own card, that you are authorized to use it, and that there are sufficient funds or credit facilities to cover the cost of any Goods or Services you order from us.
- INDEPENDENT CONTRACTOR
3.1. The relationship between the Supplier and Customer is that of Independent Contractor. Neither party is the agent of each other, nor does neither party has any authority to make any contractor make any obligation expressly or impliedly in the name of the other party, without that party’s prior written consent for express purposes connected with the performance of these conditions.
- PRICES AND PAYMENT
4.1 Prices quoted for Goods are exclusive of Delivery Charges.
4.2 We reserve the right to vary our prices from time to time.
4.3 When you submit an Order, you will be notified of any additional costs including shipping and handling costs or insurance.
4.4 Payment is due prior to shipment. Our standard terms require payment within 30 days from the date of the invoice, except in the case of transactions where different terms are agreed by us in writing beforehand.
4.6 Payment in advance for Orders to be delivered in USA may be made by cash, Visa, MasterCard, or Maestro.
- DELIVERY, TITLE AND RISK
5.1 We shall use reasonable endeavors to dispatch Goods to you by the estimated delivery date, but time shall not be of the essence for delivery and we shall not accept liability for failure to deliver within the stated time or on a stated day where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times.
5.2 If a delay is likely, we shall contact you and advise of the delay.
5.4 Delivery is deemed to take place when the Goods are delivered to your nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to you.
5.5 You are required to be able to accept the Goods when they are ready for delivery within Normal Working Hours.
5.6 Ownership of the Goods shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of:
(a) the Goods and
(b) all other sums which are or which become due to us from you on any account.
5.10 In the event that you have failed to make full payment for Goods by the due date, then as long as monies remain outstanding, we reserve the right to enter your premises at your expense and recover from there all Goods which remain our property.
5.11 If you cannot accept delivery, we may re-arrange delivery provided that we reserve the right to charge you for any delivery costs incurred.
5.12 Upon delivery of the Goods, you maybe be asked to sign a Proof of Delivery to acknowledge safe receipt. It is your responsibility to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, you should either note this on the Proof of Delivery or refuse delivery of the Goods.
5.13 We shall not be liable for discrepancies or damage evident on delivery where you accept delivery and sign the Proof of Delivery without amendment.
5.14 You may request a Proof of Delivery, provided that this request is made within 30 days of the dispatch confirmation and we shall use reasonable endeavors to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
5.15 You should notify us immediately and in any event no longer than 48 hours after delivery in the event that Goods are found to be damaged on delivery, items are missing or the Goods are not as specified in the Order Confirmation. If you need to return any Goods, then please see our Returns policy below.
- RETURNS AND WARRANTIES
6.1 Other than the express provisions set out in these Terms, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law.
6.2 In the event that you need to return Goods, then a Return Merchandise Authorization Number (RMA) must be obtained from us for each and every return so that we are able to administratively process your return, otherwise we have no means of identifying the Goods being returned and this may result in difficulties in returning monies. You will be sent a RMA acknowledgement by email.
The RMA number must be clearly shown on each parcel returned, and must be in the original manufacturer’s packaging (which shall not be defaced) complete with accessories, manuals and documentation. Except in the case of faulty Goods, returned items not complying with these requirements will be rejected.
6.3 In the event that any Goods Delivered to you do not correspond with the Goods in the Order Confirmation, or have been Delivered to you by mistake, then you will be under a duty to take reasonable care of such Goods and to contact our Customer Services team immediately no later than 3 days. We will then arrange for a courier to collect the Goods and replacements to be supplied on a credit and recharge basis.
6.4 Care of Goods to be returned :
Whilst in possession of the Goods you will be under a duty to take reasonable care of them. We reserve the right to refuse a refund on Goods returned which have been made unfit for resale or damaged whilst in your possession.
6.5 Address for Returns of Goods: If you need to return Goods to us for whatever reason, then please send such items to:
P.O. Box 4156
Garden Grove, CA 92842-4156
6.6 Return of Defective Goods
(a) In the event that Goods are found to be defective at any time within the first 3 days from delivery then please contact our Customer Services team immediately that you become aware of the defect, ensuring that you have the item’s serial number available to provide to our staff. Different manufacturers have differing policies for dealing with Goods which are termed ‘dead on arrival’, meaning that the Goods are found to be faulty either on delivery or very shortly afterwards. You will therefore be advised by our Customer Services team of the relevant manufacturer’s returns policy. It is your responsibility to package and secure the Goods prior to shipment to prevent damage during transit. It’s the responsibility of the customer to return the goods at their cost in the same condition as sent
(b) We shall at our option repair or replace such Defective Goods (or the defective part) and only if a repair or replacement is not possible or would be disproportionate to the price of such Goods we shall at our discretion refund the price of such Defective Goods at the pro-rate contract rate provided that you return the Defective Goods to us with all internal and external parts that were delivered with the Goods.
(d) On receipt by us of the returned Goods, if following the testing process the Goods are found to be in good working order without defect, we will return the Goods to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with replacement Goods before completion of the testing process, you will be liable to pay for these Goods. If, when we examine the Defective Goods, it is evident that the defect has arisen because you have failed to follow the manufacturer’s instructions as to the storage, installation, commissioning, use or maintenance of the Goods, or if you have altered the Goods without the written consent of California then we reserve the right to refuse a repair, replacement or refund.
(e) You should note that we adhere to individual manufacturers’ guidelines in respect of acceptable deviation of quality of certain items. Therefore, we reserve the right not to accept Goods considered by you to be defective if the error or fault is within the manufacturer’s accepted manufacturing tolerances. If you have any doubt, please contact our Customer Services. As an example, due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (i.e. a pixel that is stuck on or off) are accepted by the industry as unavoidable. Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of a portable computer using an LCD screen. Please be aware of this before purchasing a TFT screen.
6.7 Warranty and Claims
(a) New products come with 14 day warranty . Please ask sales team for warranty period before buying any products. If supplied Goods are new and become faulty within warranty period then you are advised to contact the manufacturer and use their warranty procedure. Unless otherwise stated in the manufacturer’s documentation.
Items not covered under our 14-day warranty: Cartridges, cartomizers, atomizer heads, clearomizers, glassomizers, atomizers, and clearance items.
Scratches and discoloration are considered normal wear and tear and is not covered by warranty.
(b) If you wish to make a warranty claim for new product, you must comply with the manufacturer’s instructions and warranty procedure. In order to resolve your problem as quickly as possible, we will refer you to the manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer.
(c) Refurbished or used products come with 14 day warranty. Please ask sales team for warranty period before buying any products. If supplied Goods are refurbished and become faulty within warranty period then you are advised to contact our sales team to make a warranty claim.
(d) If the product becomes faulty within warranty period then we shall at our option repair, replace or refund.
(e) All warranties provided under these Terms shall be invalidated if the Goods have been worked upon, altered or damaged in any way by you or your employees or agents, or if the Goods have not been used in accordance with the manufacturer’s instructions.
6.8 Return for credit
(a) In the event that we, at our absolute discretion, agree to accept the return for credit of unwanted products or products ordered incorrectly. All products returned for credit is subject to 25% restocking fee plus delivery charges and the customer has to return the products at their cost in the same condition as sent. The Goods must be returned with our prior written agreement within 3 days of delivery. If the supplied Goods are new they must be unopened, with the manufacturers’ seals intact and in perfect new condition. If the supplied Goods are used or refurbished they must be unused and return them in the same condition as sent. Please ensure that the Goods you have purchased are to your specification prior to breaking the manufacturers’ seals. This will avoid disappointment and the Goods being rejected, should you wish to return them.
- FORCE MAJEURE
8.1 We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Goods, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of God, explosion, flood, tempest, fire or accident; war, threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party); difficulty in obtaining materials, labor or machinery; and power failure or breakdown in machinery.
8.2 If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the Order in which case we will return any prepayments that you have made in full.
- ERRORS & OMISSIONS
9.1 We make every effort to ensure that all prices and descriptions quoted by us or on our website are correct and accurate. In the case of a manifest error or omission, we will be entitled to rescind the contract, notwithstanding that we may already have accepted your Order and/or received payment from you. Our liability in that event will be limited to the return of any money that you have paid in respect of the Order.
9.2 In the case of a manifest error in relation to price, you will be entitled to purchase the Goods by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered. A ‘manifest error’, as the term is used in this clause 9, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.
- TRADE NAMES & TRADE MARKS
11.1 Trade names and marks (other than ours) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
11.2 In the case of component purchases, if you require a particular brand of product should, then before placing an order, please check with us to confirm the identity of the manufacturer of the component that you are proposing to purchase.
11.3 Both parties hereby acknowledge the intellectual property rights of suppliers and manufacturers of the Goods appearing in our sales literature and on our website.
- GENERAL TERMS OF BUSINESS
12.1 You must not transfer any contract made with us under these Terms, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
12.2 If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
12.3 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
(a) All communications between the parties about the Contract shall be in writing and delivered by email or by hand or sent by pre-paid first class post or sent by fax to the registered office or such changed address as shall be notified to by the party; or (in any other case) to any address of yours set out in any document which forms part of the Contract or such other address as shall be notified to us by you.
(b) Communications shall be deemed to have been received:
(i) If sent by pre-paid first class post, two days (excluding, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
(ii) If delivered by hand, on the day of delivery; or
(iii) If sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
(iv) If by email on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
12.5 No third party shall be allowed to enforce any rights under this contract. We hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Terms.
12.6 You confirm that, in agreeing to accept the Terms, you have not relied on any representation save insofar as the same has expressly been made a part of these Terms and you agree that you shall have no remedy in respect of any representation. Nothing in these Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a part of the Terms.
12.7 These Terms shall be governed by the relevant laws of the California and construed in accordance with the relevant laws of the California and you irrevocably submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.
12.8 If you have any complaints with the Goods provided by us please contact Customer Services (714) 902-9043 or by e-mail at email@example.com.