Terms & Conditions
WARNING! THIS SITE CONTAINS INFORMATION REGARDING ELECTRONIC CIGARETTES. YOU MUST BE OF LEGAL AGE IN YOUR STATE TO ENTER THIS SITE AND PURCHASE ELECTRONIC CIGARETTE PRODUCTS.
MINOR COMPLIANCE - AGE DECLARATION
Breathe Easy Vapes will not sell any tobacco/nicotine related products to anyone under the age of 21, nor will it sell tobacco products themselves. Breathe Easy Vapes cannot be held responsible for minors purchasing tobacco/nicotine related products with a guardian credit card. By using the Site, you agree that you are at least 21 years of age. By viewing or purchasing product from this website, you declare that you are at least 21 years of age.
Products are intended for use by adult smokers and the purchaser has read and agreed to the Terms and Conditions of this website before placing an order.
- Must be of legal age in your state to purchase electronic cigarette products from this web site. Falsifying your age for the purpose of purchasing products from this web site is strictly illegal and is punishable by law. Purchasing items on behalf of a minor is prohibited and punishable by law. We reserve the right to ask for identification upon our discretion.
- By shopping our store, you are confirming you are of legal age in your state to purchase electronic cigarette products. We reserve the right to deny any order if we think it is placed by a minor. Providing a false declaration under penalties of perjury is a criminal offense.
- We reserve the right to use third party age verification systems, in accordance with federal law. If necessary, we reserve the right to ask for identification if necessary. You must be of legal age in your state to obtain and use a credit card and to purchase electronic cigarette products. In instances in which credit card verification is not enough, we may require to review your identification card. You will be asked to fax or email a legible copy of your identification clearly showing your age and shipping address. We will require a signed authorization note along with a legible copy of your identification card. We will cancel the order if proper identification cannot be given in an appropriate amount of time. All fraudulent orders may be reported to the local authorities within your vicinity.
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, to Breathe Easy Vapes Return & Exchange Policy and other applicable law.
- If you do not agree to these terms and conditions, please do not use this site.
LICENSE AND SITE ACCESS
Breathe Easy Vapes LP grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent.
- You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent.
- Any unauthorized use terminates our permission or license.
The content included in the Breathe Easy Vapes website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and international copyright laws, and is the property of Breathe Easy Vapes LP or its suppliers.
- Permission is granted to electronically copy portions of this site for the sole purpose of purchasing products from Breathe Easy Vapes.
- 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 Breathe Easy Vapes LP.
All use of trademarks, service marks, trade names and logos of Breathe Easy Vapes website and is strictly prohibited without the express written permission of Breathe Easy Vapes LP.
THIRD PARTY LINK
This website may contain links to third party websites. Links to third party websites are to provide increased value to our visitors and does not imply Breathe Easy Vapes endorsement. Breathe Easy Vapes LP has no control over these third party websites and is not responsible for the content or accuracy of these third party websites or the products or services offered on or through those sites. All third party websites have separate privacy and data collection practices, independent of the Breathe Easy Vapes website.
DISCLAIMER OF WARRANTIES
Please the Refund and Cancellation Policy.
LIMITATION OF LIABILITY
BREATHE EASY VAPES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATING TO THIS SITE, OR YOUR USE, OR INABILITY TO USE THIS SITE OR THE INFORMATION, SERVICES OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, EVEN IF BREATHE EASY VAPES LP HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BREATHE EASY VAPES LP SHALL NOT BE LIABLE FOR THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY OR SUITABILITY OF THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM THIS SITE.
PRODUCT DESCRIPTIONS - TYPOGRAPHICAL ERRORS
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free.
- If a product is not as described, your sole remedy is to return it in unused condition.
- In the event that a Breathe Easy Vapes product is mistakenly listed at an incorrect price, Breathe Easy Vapes LP reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.
Breathe Easy Vapes LPreserves 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, Breathe Easy Vapes LP shall issue a credit to your credit card account in the amount of the incorrect price.
- Product images are for illustration purposes only. Actual product colors may vary depending on screen resolution and lighting.
Information and statements found on the Breathe Easy Vapes website are for educational purposes and are not intended to replace the advice of your health care professional. Customers shall consult with their physician prior to using a personal vaporizer. Breathe Easy Vapes LP makes no claims as to the success this product may have for use as a smoking cessation device.
- The products found on the Breathe Easy Vapes website are not intended to diagnose, treat, cure or prevent any disease and no claims are made as to a smoking cessation aid.
- By purchasing these products, you agree to use the products at your own risk. Under no circumstances will Breathe Easy Vapes LP be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on, any product sold by Breathe Easy Vapes.
- By purchasing product on Breathe Easy Vapes' website you are declaring that you are of majority age in the state you reside in.
- The products found on Breathe Easy Vapes website are intended for use by adult smokers only and the purchaser has read and agreed to the Terms and Conditions and Limited Warranty of this website before placing an order.
- Additionally, be advised that nicotine is addictive. The products found on the Breathe Easy Vapes website have not been evaluated by the US FDA. They are not intended to be drug products that diagnose, treat, cure or mitigate any disease or condition.
- If you are under 21 years of age.
- If you are a non-smoker, have a heart condition, high blood pressure, have a demonstrated allergy or sensitivity to nicotine or other PG based product (any combination of inhalants) or if you are pregnant, nursing or thinking of becoming pregnant.
Your use of this site shall be governed in all respects by the laws of the state of TEXAS, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods.
By visiting our site, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Breathe Easy Vapes products) shall be in the state or federal courts located in Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Breathe Easy Vapes products) must be commenced within one (1) year after the claim or cause of action arises. Breathe Easy Vapes failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Breathe Easy Vapes may assign its rights and duties under this Agreement to any party at any time without notice to you.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may submit reviews, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
- You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the content. Impersonation of others, including a Breathe Easy Vapes or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.
- We reserve the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
- You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if they choose.
- You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and Amazon for all claims resulting from content you supply.
- 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.
- We have the right but not the obligation to monitor and edit or remove any activity or content.
- We take no responsibility and assume no liability for any content posted by you or any third party.
You agree to indemnify, defend, and hold harmless Breathe Easy Vapes, its officers, directors, employees, agents, licencors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable and documented 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.
Breathe Easy Vapes LP 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 the Breathe Easy Vapes website.
These terms and conditions are applicable to you upon your accessing the Breathe Easy Vapes website and/or completing the registration or shopping process. Breathe Easy Vapes reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. These terms and conditions, or any part of them, may be terminated by Breathe Easy Vapes LP without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as Refund & Exchange Policy, posted on this site. These policies also govern your visit to our site. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed sever-able and shall not affect the validity and enforce-ability of any remaining condition. Breathe Easy Vapes reserves the right to make changes to our site, policies, and these Terms at any time. Any changes to this policy will be posted on this website.
Caution: When working or handling with all rechargeable batteries, there are always risk due to its characteristics and may explode or burn if mishandled. Please make sure that you have enough knowledge on Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable cells in charging, discharging, assembly, storing as well as under any circumstances. Always pay careful attention when batteries are being charged. Never leave any batteries or chargers unattended while in use. Always charge batteries on fire-proof surface and prevent charging on wood or carpet surface. Breathe Easy Vapes is not responsible for any damage of any modification to the batteries or charges in any shape or form. We are not responsible for the damage of any damage caused by misuse or mishandling of Li-ion (Lithium-ion), LiPo (Lithium-ion Polymer) and any rechargeable batteries.
To learn more about proper storage and care for rechargeable batteries, please visit this website: Battery University
We reserve the right to refuse service to customers that, in our sole discretion, violate any Element Vape terms or policies.