Terms & Conditions

Terms & Conditions

  •  "Conditions" means these terms and conditions;
  • "Goods" means any goods you purchase under these Conditions;
  • "Non-subscription Services" mean any Services other than Subscription Services;
  • "Personal Information" means the details provided by you to us;
  • "Services" means any services you order or otherwise purchase under these Conditions;
  • "Subscription Services" means Services to which you subscribe on an ongoing basis, for example, technical support Services;
  • "Us/our/we" means "1911788 Ontario Inc. - operating as Vape49", a company registered in Ontario, CANADA.
  • "Website" means either one of the websites located at https://vape49.com or any other URL which may replace it;
  • "You/Your" means the person ordering or otherwise purchasing the Goods or Services.
  • The vape49.com administers and operates the vape49.com Site from its location in Ontario, Canada.

  • The vape49.com reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.

     

Rights and Obligations

  • You undertake:
  • to pay any amounts due to us in a timely manner;
  • that the Personal Information you provide is true, accurate, current and complete in all respects;
  • to notify us immediately of any changes to the Personal Information using the contact details in Clause 5.4; and
  • not to impersonate any other person or entity or to use a false name.
  • We reserve the right to modify the price or the content or withdraw, temporarily or permanently, some or all of the Goods or Services available. We also reserve the right to change or add to these Conditions from time to time.
  • Unless you have placed an order for any Goods or Services, or you subscribe to any Subscription Services, by the time such a change takes effect, we shall not be obliged to give you notice of any such modification or withdrawal.
  • From time to time we may also have to make changes in the specification of any Good or Service:
  • to make it conform with any applicable safety or other statutory requirements; or
  • to make it reflect changes in the manufacturer's specification, but we will endeavour to ensure that such changes do not reduce the quality or performance of such a Good and/or Service. Where you have placed an order for the affected Good and/or Service and such changes are substantial, we will notify you in advance to ensure that you still wish to proceed with any order that you have placed.
  • Goods and Non-subscription Services:
  • You will be subject to the policies and Conditions in force at the time you order or otherwise purchase the Goods or Non-subscription Services, unless we are legally obliged to make changes to these Conditions that apply retrospectively. If this happens, these changes will apply to any orders we have not yet fulfilled when the changes took effect, even if your order was placed previously.
  • We shall not withdraw or modify to your substantial detriment any of the Goods or Non-subscription Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside our reasonable control.
  • The purchase of software products is subject to your acceptance of the terms of any end user and/or licensing agreement(s) relating to such software.
  • Standard shipping is an affordable international courier service for sending packages within our jurisdiction location and offering 1-2 business day delivery time. Estimated time frames for delivery of Goods or completion of Services are estimates only, and delays may arise due to matters outside our reasonable control, but we expect delivery to be made within 3-5 business days.
  • Goods may be subject to CANADA export control laws and laws of the country where they are delivered or used. Under these laws, such Goods may not be sold, leased or transferred to restricted end-users or for restricted end-uses, including without limitation, uses related to nuclear, missile, and/or chemical/biological development). If Goods are supplied to you subject to any such Export Laws, such supply is subject to you not falling into any such restricted categories.

Orders

  • Goods and Services are available only to individuals who we, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those whose applications are acceptable to us and those who are residents in the CANADA. Services that come with minimum term contracts are only available to individuals who are 19 years old or over and by ordering or otherwise purchasing such Services, you confirm that you are 19 years old or over.
  • When requested by us, you must provide your name, phone number, address, payment details and other requested information.
  • Each order placed by you will be treated as an offer to purchase the Goods and/or Services to which your order relates. The contract will only be completed when we dispatch the Goods/commence the provision of the Services (as applicable) or when we take any due payment from you (which includes debiting your payment method), whichever is the earlier.
  • You acknowledge that any automated acknowledgement given when you place an online order shall not amount to our acceptance of your offer to purchase.
  • We may, at our own discretion, limit, restrict or reject any order you place at any time prior to the contract having been completed. Where this happens, we will attempt to contact you. We also reserve the right to limit or prohibit sales to dealers or to entities that we believe, in our sole discretion, are making use of the Goods or Services for profit.

Price and Payment

  • The price of the Goods or Services (if any) shall be the price of which we inform you prior to accepting your order. Prices at current rates unless stated otherwise.
  • If you fail to make any payment when due then, without prejudice to any other right or remedy we may have, we may:
  • where you have ordered Goods or Non-subscription Services, cancel this agreement; and/or
  • in any event, charge you interest (before and after any judgment) on the amount unpaid, until payment is made in full (a part of the month being treated as a full month for the purpose of calculating interest).
  • You confirm that any payment method you use is yours.
  • Payment methods are subject to validation checks and authorization and we will not be liable for any delay or non-delivery caused by failure of such checks or authorization.
  • Once your Goods have been collected and/or otherwise received by you, all risk of damage to, or loss of, the Goods shall pass to you.
  • Irrespective of your receipt of the Goods, the passing of risk or any other provision of these conditions, ownership shall not pass to you until we have payment in full for the Goods.
  • Until such time as the ownership passes to you, you shall hold the Goods on our behalf and keep them safe and identified as our property, and we shall be entitled to ask you to return the Goods to us.

Trademarks

  • All trademarks, service marks and trade names of Vape49 used in the site are trademarks or registered trademarks of Vape49.

Local provinces laws: Other Terms & Conditions


​All sales are subject to restrictions set forth in the Tobacco and Vaping Products Act and applicable local regulations. 
In accordance with such regulations,  all orders will Require you to Sign and Show ID For Proof of 19yrs of Age. 
 ID must match the order Information. 
 Failure to show ID or Sign will have the package returned to us causing a return shipping cost. 
This fee will be passed on to the customer prior to any refunds being issued. 
At this time, all sales are limited to the Province of Ontario.  Additional territories will be available in the near future where allowed by law.

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