Terms and Conditions
WE DO NOT STORE CREDIT CARD DETAILS NOR DO WE SHARE CUSTOMER INFORMATION WITH ANY THIRD PARTIES
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which; together with our privacy policy, govern the ELEMENT E-LIQUIDS relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term 'ELEMENT E-LIQUIDS' or 'us' or 'we' refers to the owner of the website. The term 'you' or 'your' refers to the user or viewer of our website. The use of this website is subject to the following terms of use:
The contents of the pages of this website are for your general information and use only. It is subject to change without notice.
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.
We Verify Age
We use a third party vendor who will attempt to verify your age automatically once you submit your order. If they are unable to verify your age automatically, you will be provided with a link on the order confirmation page to complete a secured webform and ID upload. This step must be completed before your order can be processed. Thank you for understanding our commitment to keeping these products away from minors. Customers that have purchased previously should not have to complete this step a second time.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. 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 law. If you do not agree to these terms and conditions, please do not use this site.
Copyright / ©
The entire content included in this site, including but not limited to text, graphics or code is the property of ELEMENT E-LIQUIDS. The collective work includes works that are licensed to ELEMENT E-LIQUIDS. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with ELEMENT E-LIQUIDS or purchasing ELEMENT E-LIQUIDS 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 ELEMENT E-LIQUIDS or to purchase ELEMENT E-LIQUIDS 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 ELEMENT E-LIQUIDS. Wholesale customers of ELEMENT E-LIQUIDS may use approved images, text, graphics, and such for reproduction, distribution and display from the approved items within the Wholesale portal of our website. You further agree not to change or delete any materials, documents or images downloaded from the site.
Trademarks / ™
All trademarks, service marks and trade names of ELEMENT E-LIQUIDS used in the site are trademarks or registered trademarks of ELEMENT E-LIQUIDS.
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, ELEMENT E-LIQUIDS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ELEMENT E-LIQUIDS 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. ELEMENT E-LIQUIDS 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.
Limitation of Liability
ELEMENT E-LIQUIDS 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 ELEMENT E-LIQUIDS 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.
Typographical Errors
In the event that ELEMENT E-LIQUIDS product is mistakenly listed at an incorrect price, ELEMENT E-LIQUIDS reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ELEMENT E-LIQUIDS 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, ELEMENT E-LIQUIDS shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. ELEMENT E-LIQUIDS may terminate these terms and conditions, or any part of them, without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
ELEMENT E-LIQUIDS 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 ELEMENT E-LIQUIDS.
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 ELEMENT E-LIQUIDS 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.
Participation Disclaimer
ELEMENT E-LIQUIDS does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ELEMENT E-LIQUIDS is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ELEMENT E-LIQUIDS reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ELEMENT E-LIQUIDS in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless ELEMENT E-LIQUIDS, 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.
Third-Party Links
In an attempt to provide increased value to our visitors, ELEMENT E-LIQUIDS may link to sites operated by third parties. However, even if the third party is affiliated with ELEMENT E-LIQUIDS, ELEMENT E-LIQUIDS has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ELEMENT E-LIQUIDS. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ELEMENT E-LIQUIDS seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
18+ Use Only Policy
The products sold by ELEMENT E-LIQUIDS are strictly for use by persons of 18 years or older. By purchasing any of the items from ELEMENT E-LIQUIDS by any method, you agree that you are of 18 years of age or older. Anyone found purchasing products for someone under the age of 18 will have their account terminated immediately and permanently with no future reinstatement under any circumstances. We take this policy very seriously and enforce this policy to the fullest extent. In the event that someone under the age of 18 years is using products sold by ELEMENT E-LIQUIDS, we would hope that you would be kind enough to inform us, and further action will be taken to prevent future purchases from the customer that is purchasing for underage individuals.
Age Verification
We automatically screen all new customer purchases through an age verification service provided by a third party. If your age cannot be verified through our automated system, you must complete the age verification form after checkout in order for your order to be processed. If you do not complete this form, your order will be cancelled and any payment made towards this purchase will be voided or refunded back to the original card used for payment. Funds may take up to 72 hours to post back to your account.
Credit Card Policy
To help prevent credit card theft, ELEMENT E-LIQUIDS enforces a strict policy on credit card information entered at checkout. When a customer purchases from ELEMENT E-LIQUIDS, you must enter two addresses to complete the checkout process.
Billing Address – This is the address in which all credit card and/or bank statements are delivered to.
Shipping Address – This is the address in which the product(s) that you order are sent to after payment has been made.
In order to reduce the risks of credit card misuse, the billing information and the shipping information for the customer whom is ordering the product(s) must be identical. This policy is very strict and if you have any questions regarding these terms, please contact us at:
info@elementeliquids.com
Any special requests to the change of this policy for certain conditions may or may not be considered based on ELEMENT E-LIQUIDS'S sole discretion, but please contact us prior to placing an order if you have any questions.
If you do place an order and the above policy is not abided by or you do not have exclusion permission(s) prior to placing an order, ELEMENT E-LIQUIDS reserves the right to cancel your order without notice.
ELEMENT E-LIQUIDS may ask you to verify the 3 to 4 digit CVV code on the back of the credit card used at checkout. This method of verification is used to verify physical possession of the card at the time of purchase.
ELEMENT E-LIQUIDS uses SSL (Secure Socket Layer) technology to greatly reduce the risk of credit card information being compromised when completing online transactions. You can verify ELEMENT E-LIQUIDS'S SSL certificate by scrolling to the bottom of the page and clicking on the SSL Secured Symbol to bring up a window showing the current security enrollment.
Sales & Use Tax Policy
IMPORTANT NOTICE: Even if we do not collect sales tax from you, you may owe sales tax on your purchase. If you are not taxed at the time of sale, but your state requires it, you as a purchaser are required report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return.
Shipping Policy
ELEMENT E-LIQUIDS makes every attempt to have your product(s) shipped out to you in a period no greater than 48 hours from the business day following order placement. ELEMENT E-LIQUIDS makes no guarantee to the ability to have your order shipped inside of that time period but a genuine attempt is made to do so. ELEMENT E-LIQUIDS cannot guarantee any package(s) beyond our possession. Basically, once your package(s) is marked as shipped, the package becomes in possession of the the parcel or postal service shipping your product.
Return Policy
ELEMENT E-LIQUIDS'S refunds are only the form in which original payment was made upon return of the item. All return requests are handled on a case-by-case basis and your item(s) eligibility for return is based on ELEMENT E-LIQUIDS'S sole discretion.
Order Cancellation Policy
Once you place your order with ELEMENT E-LIQUIDS, you have the ability to cancel your order from the time that the order was placed with us, up until it ships. Once your order ships, we cannot cancel your order. If you should decide to cancel your order with us, you must contact us by one of the following methods to ensure that your order is cancelled within the allotted time period.
E-Mail: info@elementeliquids.com or via phone number listed on our website.
If you submit your request before your order ships, we will be able to process your request. All order cancellations are subject to a cancellation fee of up to 10% of the total order amount. This fee is to cover ELEMENT E-LIQUIDS'S expenses and time involved in preparing an order and the time taken to re-stock the items that the cancelled order was originally placed for. The cancellation fee may nor may not be charged based in ELEMENT E-LIQUIDS'S sole discretion. The determination for charging the fee will again be in ELEMENT E-LIQUIDS'S sole discretion and will be based on how close to completion the order that is being cancelled was to being completed.
Anti-Spam Policy
- What is spam? In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. ELEMENT E-LIQUIDS has a zero-tolerance spam policy.
- Automated spam filtering;ELEMENT E-LIQUIDS'S messaging systems automatically scan all incoming email [and other] messages, and filter-out messages that appear to be spam.
- Problems with spam filtering; No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by ELEMENT E-LIQUIDS'S systems.If you believe this has happened to a message you have sent, please advise the message recipient by another means.You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.
- [User spam;ELEMENT E-LIQUIDS provides a facility that enables users to send [email messages / private messages] to others. Users must not use this facility to send unsolicited, bulk or indiscriminate messages, whether or not for a commercial purpose. Full terms and conditions concerning the use of the facility are set out above.]
- [Receipt of unwanted messages from ELEMENT E-LIQUIDS; In the unlikely event that you receive any message from ELEMENT E-LIQUIDS or sent using ELEMENT E-LIQUIDS'S systems that may be considered to be spam, please contact ELEMENT E-LIQUIDS using the details below and the matter will be investigated.]
- Changes to this anti-spam policy; ELEMENT E-LIQUIDS may amend this anti-spam policy at any time by publishing a new version on this website.
Nicotine and Health Warnings
Electronic Cigarettes may have nicotine.
Nicotine is recognized to be extremely addictive and harmful poison. Misuse or overdose of nicotine can result in serious health risks, or perhaps death.
Nicotine products shouldn't be used by individuals below the age of 18, individuals with serious kidney illness, heart illness such as angina, heart failure, very high blood pressure, issues with heart rate or rhythm, individuals who've suffered a current heart attack or stroke, overactive thyroid gland, diabetes, pheochromocytoma (a tumor from the adrenal gland that may impact blood pressure), inflammation of the oesophagus (tube in between the mouth and stomach), inflammation from the stomach lining (gastritis), stomach ulcers, skin issues, long-term throat issues, difficulty breathing due to bronchitis, emphysema or asthma, pregnancy and breast feeding.
The eliquid is sold as an alternative to smoking and not a 'quit smoking' aid.
Don't ingest, or allow nicotine to soak into skin. E-Liquid contains nicotine and should always be handled and stored in a safe manner. Specifically, always ensure you store the product in a safe place and out of the reach of children and pets. Use only as directed. The purchaser of this item accepts all of the dangers and liabilities related with nicotine handling and consumption. This product has not been evaluated by the FDA - use at your own risk.
ELEMENT E-LIQUIDS is not responsible or liable for any injury or death. All Rights Reserved
STORE CREDIT AND LOYALTY POINTS
From Time to time and at Element E-Liquids option, Element E-Liquid may initiate customer loyalty programs including but not limited to issuing store credit or offering enrollment into a loyalty point system. You expressly agree that such programs or offers do not represent any actual cash value and you may not redeem any such offer for cash value; nor do points or credits roll over from one year to the next. Furthermore, you agree that by accepting points or credit, or by enrolling in such programs or services such credit or points are valid until December 31 of the year of issuance of such points and you expressly grant Element E-Liquid the right to zero out such credit or point account on December 31 of each year without notice. Element E-Liquid furthermore reserves the right to zero out any accounts older than one year without notice and change such policy at any time without notice. Additionally, you agree to defend and hold harmless Element E-Liquid form any claim past or present resulting from such programs including but not limited to lost profit, interest, consequential or punitive damages.