TERMS & CONDITIONS

OVERVIEW

This website is operated by Vape Avenue. Throughout the website, the terms “we”, “us”, and “our” refer to Vape Avenue. Vape Avenue provides this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please carefully review these Terms of Service before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are deemed an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By accepting these Terms of Service, you confirm that you are at least 18 years old. Certain products from Vape Avenue contain liquid nicotine. While not classified as tobacco products, we refrain from selling any items to individuals under the age of 18. By agreeing to our terms and conditions, you acknowledge that you, as the buyer, are 18 years old or older, and further affirm that you are not procuring any products for another individual under the age of 18.

You are prohibited from using our products for any unlawful or unauthorized purposes, and must not violate any laws (including but not limited to copyright laws) while using our Service.

SECTION 2 – GENERAL CONDITIONS

We retain the right to decline service to any individual for any reason, without limitation or prior notice.

You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may undergo (a) transmissions across various networks, and (b) alterations to meet technical requirements of connecting networks or devices. However, credit card information is always encrypted during transmission over networks.

You agree not to replicate, duplicate, copy, sell, resell, or exploit any aspect of the Service, the usage of the Service, or access to the Service, or any contact on the website facilitating the service, without our explicit written consent.

The section headings in this agreement are provided for convenience only and will not restrict or otherwise impact these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We do not accept responsibility if the information available on this site is inaccurate, incomplete, or outdated. The content on this site is intended for general informational purposes only and should not be solely relied upon for making decisions without consulting more authoritative, accurate, comprehensive, or timely sources of information. Any reliance on the material provided on this site is undertaken at your own risk.

This site may include certain historical information. Historical information, by its nature, is not current and is provided solely for reference purposes. We retain the right to alter the content of this site at any time, though we are not obligated to update any information presented on our site. You acknowledge that it is your responsibility to monitor any changes made to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

SECTION 5 – PRODUCTS

Certain items may be exclusively accessible online via our website. These products or services may have limited availability and are eligible for return or exchange in accordance with our Return Policy.

We have taken every possible measure to accurately depict the colors and images of our products available on the website. However, we cannot guarantee that the display of colors on your computer monitor will be precise.

We retain the right, though we are not obligated, to restrict the sale of our products to individuals, geographic regions, or jurisdictions. This discretion may be exercised on a case-by-case basis.

Additionally, we reserve the right to limit the quantities of any product offered. Descriptions and pricing of products are subject to change at any time without prior notice, at our sole discretion. Furthermore, we reserve the right to discontinue any product at any time. Any offer for a product made on this site is null and void where prohibited.

We do not provide a warranty that the quality of any products, information, or other materials acquired by you will meet your expectations, nor do we guarantee that any errors in the Service will be rectified.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – THIRD-PARTY LINKS

Certain content accessible through our Service may contain materials sourced from third parties.

Third-party links provided on this site may redirect you to websites that are not affiliated with us. We do not take responsibility for examining or assessing the content or accuracy of these links, and we provide no warranty or liability for any third-party materials, websites, products, or services.

We are not accountable for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions conducted through third-party websites. Before engaging in any transactions, we advise you to thoroughly review the policies and practices of the third party. Any concerns, complaints, or questions regarding third-party products should be directed to the respective third party.

In our efforts to enhance user experience, we may include links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources. We do not endorse or assume responsibility for the content (including any misrepresentative or defamatory content) or privacy practices of such websites. Furthermore, we disclaim any liability for any damage, loss, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any content, goods, or services available on such external sites or resources.

SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, upon our request or voluntarily without request from us, you submit specific entries (such as contest entries) or creative concepts, suggestions, proposals, plans, or other materials, whether via online channels, email, postal mail, or any other means (collectively referred to as "comments"), you hereby grant us unrestricted rights to edit, copy, publish, distribute, translate, and utilize in any medium any comments forwarded to us, without any constraints or obligations. We are not obligated: (1) to maintain any comments in confidence; (2) to provide compensation for any comments; or (3) to respond to any comments.

While we reserve the right to monitor, edit, or remove content at our discretion, we are not obligated to do so. Content deemed by us, at our sole discretion, as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes upon any party's intellectual property rights or these Terms of Service, may be subject to monitoring, editing, or removal.

You agree that your comments will not violate any third-party rights, including but not limited to copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, you agree that your comments will not contain libelous or unlawful, abusive, or obscene material, nor any computer viruses or malware that could interfere with the operation of the Service or any related website. You are prohibited from using false email addresses, impersonating others, or misleading us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of any comments you make. We bear no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 9 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, our site or Service may contain information that includes typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We retain the right to rectify any errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information in the Service or on any associated website is found to be inaccurate at any time, without prior notification (even after you have placed your order).

We do not commit to updating, amending, or clarifying information in the Service or on any associated website, including pricing information, except as required by law. The absence of a specified update or refresh date in the Service or on any associated website should not be construed as an indication that all information in the Service or on any associated website has been altered or updated.

SECTION 11 – PROHIBITED USES

In addition to the prohibitions outlined in the Terms of Service, you are not allowed to utilize the site or its content: (a) for any illegal purpose; (b) to urge others to engage in illegal activities; (c) to breach international, national, or local laws or regulations; (d) to infringe upon our intellectual property rights or the intellectual property rights of others; (e) to engage in harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or deceptive information; (g) to upload or transmit viruses or any other form of malicious code that may affect the functionality or operation of the Service or any related website, as well as other websites or the Internet; (h) to gather or track the personal information of others; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to disrupt or circumvent the security features of the Service or any related website, as well as other websites or the Internet. We reserve the right to terminate your access to the Service or any related website if you violate any of these prohibitions.

SECTION 12 – INDEMNIFICATION

You consent to indemnify, defend, and protect Vape Avenue, along with our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable legal fees, brought forth by any third party due to or arising from your breach of these Terms of Service or the documents referenced herein, or your infringement of any law or the rights of a third party.

SECTION 13 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall remain enforceable to the fullest extent permitted by law, and the unenforceable part shall be considered severed from these Terms of Service. This determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 14 – ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms of Service shall not be construed as a waiver of such right or provision.

These Terms of Service, along with any policies or operational rules posted by us on this site or concerning the Service, constitute the entire agreement and understanding between you and us, governing your use of the Service. These terms supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any uncertainties in interpreting these Terms of Service shall not be interpreted against the party who drafted them.

SECTION 14 – ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms of Service shall not be construed as a waiver of such right or provision.

Any uncertainties in interpreting these Terms of Service shall not be interpreted against the party who drafted them.

SECTION 15 – GOVERNING LAW

The Terms of Service and any additional agreements through which we offer you Services will be regulated by and interpreted in line with the laws of the Republic of South Africa.

SECTION 16 – CHANGES TO TERMS OF SERVICE

You have the option to review the latest edition of the Terms of Service on this page at any time.

We retain the authority, solely at our discretion, to revise, modify, or substitute any portion of these Terms of Service by publishing updates and amendments on our website. It is incumbent upon you to periodically monitor our website for any alterations. Your ongoing use of or access to our website or the Service subsequent to the publication of any modifications to these Terms of Service signifies your acceptance of those changes.

SECTION 17 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at  sales.vapeavenue@gmail.com

Use of Site

You are permitted to utilize this site solely for browsing the content, making lawful purchases, and you must refrain from using this site for any other activities, which includes, but is not limited to, engaging in speculative, false, or fraudulent purchases. The content on this site and the site itself may not be duplicated, replicated, reissued, uploaded, published, transmitted, or distributed. Actions such as 'deep-linking,' 'embedding,' or employing similar technologies are strictly forbidden. Unauthorized utilization of this site and/or the materials found within may infringe upon applicable copyright, trademark, or other intellectual property laws, as well as other regulations.

Disclaimer of Warranty

The information on this site is provided "as is" without any warranty, whether expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

The owner of this site, the authors of this information, and anyone else associated with this site in any manner, collectively referred to as "Providers," disclaim any responsibility for errors or omissions in this information.

Furthermore, the Providers do not guarantee, warrant, or represent the safety, reliability, accuracy, correctness, or completeness of this information. The Providers shall not be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to data loss, lost revenues, and lost profits) arising from the inability to use or the correct or incorrect use, abuse, or misuse of this information, even if the Providers have been advised of the possibility of such damages. The Providers assume no obligation or responsibility.

The use of this information is prohibited in jurisdictions where the law does not permit this disclaimer to be fully effective.

Privacy Policy

We are dedicated to safeguarding your privacy. This privacy policy pertains to all web pages associated with this website.

Any data collected from the online forums on the website is utilized solely for the purpose of personally identifying users who subscribe to this service. This information will not be utilized for any purposes other than those outlined in the Terms & Conditions of service. None of this information will be sold or shared with any third parties.

The Site may gather certain information about your visit, including the name of your Internet service provider and your Internet Protocol (IP) address, the date and time of your visit, the pages you accessed, and the website from which you directly linked to our site. This data is used to enhance the Site, analyze trends, and manage the Site effectively.

It may be necessary for us to revise this policy periodically to address new concerns and reflect changes on our site. We will post any such changes here to ensure you are always informed about the information we collect, how we may use it, and whether we will disclose it to others. Please check this policy regularly. If you have any questions or concerns about our privacy policy, please contact us via email.

By using this website, you indicate your agreement with our Privacy Policy. If you do not agree with this policy, please refrain from using our site. Your continued use of the website following any updates to these terms signifies your acceptance of those changes.

Cookie/Tracking Technology

The website may utilize cookie and tracking technology based on the features provided. This technology is beneficial for collecting data such as browser type and operating system, monitoring the website's visitor count, and comprehending visitor interactions with the site. Cookies also aid in customizing the website for visitors. While cookies and other tracking technologies cannot gather personal information, if you have previously provided personally identifiable information, cookies may be associated with it. Aggregate cookie and tracking data may be shared with third parties.

Product availability

The timeframe for order fulfillment relies on stock availability. If stock is on hand, orders will be shipped on the same day, given that payment is validated/received before 14h00. If the product is out of stock, please anticipate a manufacturing and delivery period of 10 working days plus freight transit time to our warehouse.

While we strive to ship your order promptly, unexpected circumstances may lead to delays. In such cases, Vape Avenue will notify you via email and furnish a revised shipping timetable.

Delivery Policy

By clicking to complete a purchase with us, legal responsibilities are triggered, and your entitlement to refund any funds charged to your credit card or paid through any other agreed means is subject to the limitations outlined in our terms & conditions. It is imperative that you comprehend and consent to all our terms and conditions before making any purchases via this site. Upon completing payment for a purchase, it is assumed that you have thoroughly reviewed and comprehended the terms and conditions applicable to such purchase. If you have any inquiries, please reach out to us before proceeding with any service purchases through this website.

Shipping

Kindly ensure that the accurate shipping address is furnished at the onset, as ownership and risk transfer to you once the order departs from our facilities. Vape Avenue bears no responsibility for inaccuracies or errors in delivery information provided by the customer. It is incumbent upon the customer to furnish precise delivery details; failure to do so may result in additional costs being transferred to the customer.

Prior to finalizing your order, please meticulously review your delivery information.

Undeliverable packages

Sometimes, packages are returned to us as undeliverable. In such instances, we will make every effort to reach out to you to arrange for re-shipment.

Please be aware that any additional delivery expenses incurred will be transferred to the customer.

Order processing

Order processing will commence only upon receipt of a confirmed order and full payment, which has been successfully deposited into our bank account.

Security Policy

Virtual Card Services handles all credit card transactions. All credit card transactions undergo 128-bit Secure Socket Layers (SSL) encryption. Thawte verifies the company registration documents and the site's registered domain name, assuring both the cardholder and the merchant that VCS cannot be impersonated to access confidential information.
Virtual Card Services is dedicated to furnishing secure online services. All encryption adheres to international standards, safeguarding the transmission of personal data during online transactions. Virtual Card Services' Internet servers are shielded by firewalls and intrusion detection systems.
The Merchant is not privy to credit card details.
Virtual Card Services consistently assesses and enhances its security measures in alignment with technological advancements.

Monitoring

We retain the authority, though not the obligation, to oversee any activity and content linked to the Website. We reserve the right to probe any reported breach of these Conditions or grievances and to take any actions we consider suitable (which may involve, but are not restricted to, issuing warnings, suspending, terminating, or imposing conditions on your access, and/or deleting any materials from the Website).

Law

The Conditions shall be solely governed by and interpreted in accordance with the laws of South Africa, and its Courts shall have exclusive jurisdiction over any dispute. However, we reserve the right, at our sole discretion, to initiate and pursue legal proceedings in other jurisdictions if deemed necessary.

Updating of these Terms and Conditions

We retain the right to alter, amend, append, or delete portions or the entirety of these Terms and Conditions periodically. Any modifications to these Terms and Conditions shall become effective upon being posted on this Website. It is the User's responsibility to periodically review these Terms and Conditions on the Website for any changes or updates. The User's ongoing use of this Website subsequent to the publication of changes or updates will be construed as the User's acknowledgment and acceptance to adhere to and be bound by these Terms and Conditions, including any such alterations or updates.

Consent

I acknowledge that all designs and trademarks are registered to Vape Avenue and hereby agree to the terms and conditions. I commit to refraining from directly or indirectly copying or duplicating the trademarks and designs in any manner and comprehend the legal consequences thereof. In the event of a breach of this agreement, I understand that I will be responsible for covering all legal expenses incurred by Vape Avenue for any civil or legal actions deemed necessary against me.

A copy of the ECT Act can be accessed at http://www.polity.org.za/pol/acts/2002.