vapenebulashop.com
TERMS AND CONDITIONS
I. GENERAL TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE.
By accessing or using the Vape Nebula website, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions (“Agreement”). If you do not agree to every term herein, do not use the website.
This Agreement is a legally binding contract between you (individually or on behalf of an entity) (“you,” “user,” or “consumer”) and Vape Nebula, including its corporate owner, officers, employees, and affiliates (“Company,” “we,” “us,” or “our”), governing your access to and use of vapenebula.com and any related media channels, social media pages, mobile sites, or applications (collectively, the “Website”). These Terms apply to your website use as well as your purchase and return of products from Vape Nebula.
We may add, supplement, or modify these Terms at any time. Any posted updates are incorporated by reference and effective upon posting.
Age Restriction
WE DO NOT SELL TO MINORS. Accessing, using, or purchasing from our Website is strictly prohibited for anyone under 21 years of age. Vape Nebula uses AgeChecker.net to verify the age of customers placing orders. By registering, browsing, entering your age, or making a purchase, you confirm you are of legal age in your state to use our products and services. We reserve the right to refuse or cancel any order that does not pass age verification. Vape Nebula complies with AgeChecker.net’s requirements and provides necessary information to complete verification.
II. PRODUCTS, ORDERS, AND PURCHASES
- Orders. We may, in our sole discretion, decline orders or limit/cancel quantities per person, household, or order. Restrictions can include orders placed under the same account, payment card, billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you via the email, billing address, or phone number provided at checkout. We may limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information.
- Product Availability. All orders are subject to availability. If an item is unavailable, we may offer a substitute or refund you for the missing item(s). Vape Nebula is not responsible for losses resulting from product unavailability.
- Product Information and Pricing. Product details and prices on vapenebula.com are accurate as of the time listed but are subject to change without notice. Clerical errors may occur; we reserve the right to correct descriptions or pricing errors at any time. Listed prices exclude shipping and handling.
- Sales Tax. Prices do not include sales tax. Sales tax will be added to orders shipping to Florida and may also apply in other states where required by law.
III. RETURN POLICY
- Retail Purchasers. This Return Policy applies to purchases on our Website in situations where (a) products arrive damaged/defective, or (b) you choose to return a non-faulty product.
- Damaged Hardware. If a device arrives damaged, notify Vape Nebula immediately with (i) a description of the damage and (ii) proof at delivery (photos of the damaged package/item). If your claim is approved, we will authorize a replacement (exchange only). Claims must be received within 5 days of delivery. Any replacement requires return of the damaged product with its original packaging and a copy of the invoice. Request a Return Authorization at: sales@vapenebula.com (update with your preferred email). As noted in subsection (c), disposable devices and e-liquids are not returnable.
- Non-Faulty Products. Refunds are not available. You may return a sealed, unopened hardware item within 5 days of receipt. After we receive it, we will issue store credit for use on the Website. As noted in subsection (c), e-liquids and disposable devices cannot be returned.
- E-Liquids & Perishables. All e-liquids and disposable devices are final sale due to their perishable nature. At our sole discretion, we may choose to accommodate a customer on a case-by-case basis.
- Wholesale Purchasers. Wholesale orders are governed exclusively by our Wholesale Terms and Conditions and any terms on the wholesaler’s invoice.
IV. DISCLAIMERS AND LIMITATION OF LIABILITY
- Consumable Products Sold “As Is.” All consumable products (including vapes and disposable devices) are sold “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, including warranties of merchantability or fitness for a particular purpose. Vape Nebula is a distributor, not a manufacturer, and cannot inspect each unit. For device issues, contact the manufacturer directly.
- Health Disclaimer. Our products contain nicotine. Nicotine is addictive and may adversely affect health. Vape Nebula is not liable for any health effects resulting from the use of nicotine products purchased on our Website or through affiliates.
- Battery Disclaimer. By purchasing batteries from Vape Nebula, you accept full responsibility for proper care and use. Lithium batteries can fail without warning. Learn safe charging/use/discharge practices and never leave batteries charging unattended. Batteries may explode if mishandled. Vape Nebula and its representatives are not liable for the use or misuse of batteries, devices, or chargers.
- Personal Injury. We do not manufacture devices and have no control over their operation. We are not responsible for injuries resulting from device use or malfunction. Use all products strictly in accordance with the manufacturer’s instructions.
- No Special Damages; Third-Party Liability. Vape Nebula will not be liable for any special, incidental, consequential, exemplary, or punitive damages. We are not liable for the conduct or contractual obligations of third parties affiliated with us.
- Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control (e.g., acts of God, pandemics, war, labor disputes, carrier delays, fire, flood, hurricanes, national emergencies). Delivery dates are estimates only; we are not liable for losses caused by delivery delays.
- Site Content. We make no representations or warranties of any kind—express or implied—regarding the Website or its contents, including merchantability, title, non-infringement, or fitness for a particular purpose, unless such warranties cannot be excluded under applicable law.
- Service Interruptions. We are not responsible for: (1) interruption of business; (2) access delays or interruptions; (3) data non-delivery, mis-delivery, corruption, destruction, or other modification; (4) losses from off-site links; (5) viruses, system failures, or malfunctions related to use of the Website or links to/from third-party sites; or (6) events beyond our reasonable control.
- Age Verification Disclaimer. Vape Nebula uses AgeChecker.net to verify identity and age. We are not responsible for errors made by AgeChecker.net during verification.
- California Consumer Notices. Proposition 65 Warning: This product contains nicotine, a chemical known to the State of California to cause birth defects or other reproductive harm. Under California Civil Code §1789.3, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at (800) 952-5210.
V. PROHIBITED USES
You may not use the Website or its content:
(a) for any unlawful purpose;
(b) to solicit unlawful acts;
(c) to violate any laws or regulations;
(d) to infringe our or others’ intellectual property;
(e) to harass, abuse, defame, intimidate, or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit malware or malicious code;
(h) to collect or track others’ personal information;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for obscene or immoral purposes;
(k) if you are under 21, or to misrepresent your age; or
(l) to interfere with or circumvent security features.
We may terminate or suspend access for violations of these Prohibited Uses.
VI. INDEMNIFICATION
As a condition of using vapenebula.com, you agree to indemnify, defend, and hold harmless Vape Nebula, its members, officers, directors, employees, and agents from any and all losses, expenses, damages, and costs (including reasonable attorneys’ fees) arising from your use of the Website, any violation of these Terms, or misuse of your account by you or anyone using your credentials.
VII. ARBITRATION OF DISPUTES — IMPORTANT NOTICE
Any dispute, claim, or controversy between you and Vape Nebula arising out of or relating to this Agreement or your use of the Website (including its interpretation, validity, breach, or termination) shall be resolved by binding arbitration governed by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., not by state arbitration rules. Arbitration will take place in Broward County, Florida, before a single neutral arbitrator, on an individual basis (no class or mass actions; no consolidation). Administration shall be by JAMS, AAA, or another nationally recognized service agreed by the parties, under the administrator’s then-current commercial rules, except: (1) class/mass procedures are waived; (2) any specific procedures in these Terms control; and (3) consumer arbitration rules do not apply. The arbitrator will apply the Federal Rules of Evidence and governing substantive law. The award will be final and binding, and judgment may be entered in any court with jurisdiction. Each party bears its own attorneys’ fees unless applicable law provides otherwise, in which case the arbitrator will determine any fee award.
BINDING ARBITRATION MEANS: (1) both parties waive trial by judge or jury; (2) appeal rights are limited as set out in 9 U.S.C. § 16; and (3) discovery may be limited by the arbitrator and, if allowed, may not exceed limits in the Federal Rules of Civil Procedure.
By using the Website, you acknowledge and agree to this arbitration provision.
VIII. PRIVACY POLICY (SUMMARY)
1.Website Owner. This notice explains what personally identifiable information we collect to process purchases, how we use it, and with whom it may be shared. When you register, we may request your name, email, mailing address, and phone number. We use your information to:
- improve our Website and user experience;
- enhance customer service;
- send order updates and occasional offers;
- administer promotions and site features; and
- process and fulfill purchases.
Questions: sales@vapenebula.com (update with your preferred email).
2. Age Information. We do not sell to minors and do not collect information from anyone under 21. All purchasers must confirm legal age during registration and checkout. We use third-party providers for age/identity verification and share limited information for that purpose. Impersonation by minors is prohibited. We may cancel transactions and take appropriate action if impersonation occurs.
3.Cookies/Use of Personal Information. We use cookies to recognize your browser, remember cart items, and analyze site traffic to improve your experience. Cookie data is not linked to your personal identity. We collect personal information to protect your account, process authorized orders, and improve products/services.
4. Payment Information. We use secure third-party payment processors (e.g., BestRate) for online transactions. We do not store credit card information; payment details must be entered with each order. Limited personal information is shared with processors solely to complete your transaction. We are not responsible for third-party security practices or breaches.
5. Lost or Stolen Information. If your card or password is lost/stolen—or you suspect unauthorized use—contact us immediately so we can help prevent unauthorized transactions.
6. Accuracy of Information. You may update your personal information anytime by logging into your account or contacting customer service. Keeping your details current helps us verify your identity and protect your account.
7. Limited Access. Access to personal information is restricted to personnel with a business need. All personnel are trained regarding customer privacy.
8. Third-Party Disclosure. We may share information with third parties to process authorized transactions, comply with law (e.g., subpoenas), verify age/identity, or investigate fraud.
9. Sharing Authorization. By purchasing from Vape Nebula, you authorize us to share information as necessary to administer your order according to your instructions.
10. More Information. For questions about our Privacy Policy, contact customer service.
IX. ADDITIONAL TERMS
- Governing Law. This Agreement is governed by the laws of the State of Florida, except that Florida arbitration rules/statutes do not apply (the FAA governs).
- Severability. If any provision is held void or unenforceable, it will be severed, and the remainder will remain in full force.
- Modification. This Agreement may be modified as needed to give effect to the remaining provisions.
- No Waiver. Any delay or failure to enforce a provision does not waive our rights to enforce it later.
- English Controls. The English version of these Terms controls. If we provide translations, the English version governs in case of conflict.
- Reservation of Rights. We may modify these Terms without prior notice. Please review the Terms section of vapenebula.com periodically for the most current version.
- Entire Agreement. This Agreement constitutes the entire understanding between you and Vape Nebula and supersedes prior statements or agreements.
X. CUSTOMER SERVICE
Website: vapenebula.com
Email: sales@vapenebula.com
If you have questions not addressed in this Agreement, please contact us at the email above.