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Terms and Conditions

Welcome to ecigxcape.com – In visiting this website, you agree to accept the following terms and conditions. Please read each section carefully.

To fully understand the conditions and business practices of ECig Xcape and your guidelines to conduct business with us, please review our Privacy Notice.

Electronic Communications

Anytime you send ECig Xcape an e-mail, or login onto our website at ecigxcape.com, you are communicating with us in an electronic format. This gives ECig Xcape the permission to communicate back to you in the same electronic format, either by e-mail or text written on our website. With this, we both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by ECig Xcape satisfies all legal notification requirements.

Copyright

All content included on this site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States and International copyright laws. No portion of the information on this website may be copied or reproduced in any form, or by any means without prior written permission from ECig Xcape. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this site or any ECig Xcape publication for any public, private or commercial purpose.

Compliance with Applicable Laws; Export Control Laws

Visitor or user access to the ecigxcape.com is governed by all applicable federal, state and local laws. All information available on ecigxcape.com is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

Trademarks

ECig Xcape and other ecigxcape.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks ECig Xcape LLC.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ECig Xcape only sells to smoking adults, 18 years or older, who own and can purchase with a credit card. If you are under 18, ecigxcape.com and its affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.

Risk of Loss

All items purchased from ecigxcape.com or from the ECig Xcape offices or sales/distribution agents are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier. Orders may take up to 3 business days to process.

Product Descriptions

ecigxcape.com and its affiliates attempt to be as accurate as possible when posting content.

Pricing

Except where noted otherwise, the prices displayed for ECig Xcape products represent the full suggested retail price listed on the product itself. Where an item is offered for sale by one of our merchants, independent sales representative or distribution agents, the price may be provided by that merchant.

With respect to items sold by ecigxcape.com, we cannot confirm the price of an item until you register online and complete an online order form.

Please note that this policy applies only to ECig Xcape products sold on the ecigxcape.com website and shipped by ECig Xcape or its affiliates. If a third-party site quotes prices different from the ecigxcape.com website, your only remedy is to contact the third-party site to settle any dispute.

Disclaimer of Warranties and Limitation of Liability

This Site and all information, content, materials, products, software and services included on or otherwise made available to you through this Site are provided by ecigxcape.com or its affiliates on an "as is" basis, unless otherwise specified in writing. ecigxcape.com and its affiliates make no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products, software or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. You expressly agree that your use of this Site is at your sole risk.

To the full extent permissible by applicable law, ecigxcape.com and its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpuse. ecigxcape.com and its affiliates do not warrant that this Site; information, content, materials, products, software, or services included on or otherwise made available to you through this Site; their services; or email sent from ecigxcape.com are free of viruses or other harmful components. ecigxcape.com and its affiliates will not be liable for any damages of any kind arising from the use of this Site or from any information, content, materials, products, software or services included on or otherwise made available to you through this Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

ECig Xcape reserves the right to change any and all content contained on this Site at any time without notice.

Applicable Law

By visiting ecigxcape.com, you agree that the laws of the State of Minnesota, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ecigxcape.com or its affiliates.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Disputes

Any dispute relating in any way to your visit to ecigxcape.com or to products you purchase through ecigxcape.com shall be submitted to confidential arbitration in Dakota County, MN , except that, to the extent you have in any manner violated or threatened to violate ECig Xcape’s intellectual property rights, ECig Xcape may seek injunctive or other appropriate relief in any state or federal court in the State of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Product Return Policy

We are committed to serving the needs of our customers. As your satisfaction is extremely important to us, please first carefully review the below outlined information, and then contact our Customer Service Department based on these instructions so that we may promptly address your needs.

Due to the strict corporate health policy we have in place for the protection of our customers, once any E-Juice bottles have been opened, they cannot be returned for a refund since we cannot re-distribute such opened product to other customers. Replacement of product, therefore, is your exclusive remedy.

Subject to the above, in the event that you need to submit a return, please simply follow these 3 easy steps:

1. Login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button.

2. Within 48 hours of our receipt of your request, our Customer Service Department will review the information you have provided, and email you back with a Return Merchandise Authorization (RMA#). Please do not send any product to us unless and until you have received your RMA#. Once you have received your RMA#, please securely package your return items, and include within your package a copy of the email from our Customer Service Department indicating your RMA#. Mail any product returns to the following address:

ecigXcape
ATTN: Customer Service Department
1960 Cliff Lake Rd.
Suite #106
Eagan, MN 55122

3. Once our Customer Service Department has received the product you have returned, we will then send you a confirmation email indicating our receipt of same, and our email to you will include an estimated time of delivery of your replacement and/or refund.

Please note that only original and unopened packages are entitled to a refund, less shipping fees incurred, provided that a request for refund is made to our Customer Service Department, along with shipment of product to the above indicated address within 30 days from your purchase date.

Should you have any questions regarding our Product Return Policy, you may also call our Customer Service Department at (651) 348-8295.

Enjoy,

Customer Service Department

ECig Xcape LLC

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