Terms of Service

1. Introduction

Welcome to ZOOY VAPE. These Terms of Service ("Terms") govern your access to and use of the ZOOY VAPE website, products, and services.

Please read these Terms carefully before using our website or purchasing our products. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

These Terms constitute a legally binding agreement between you and ZOOY VAPE ("we," "us," or "our"). These Terms were last updated on July 15, 2023.

2. Eligibility

Our website and products are intended for individuals who are at least 21 years of age or the legal age for purchasing and using vaping products in your jurisdiction, whichever is higher. By accessing our website or purchasing our products, you represent and warrant that:

• You are at least 21 years of age or the legal age for purchasing and using vaping products in your jurisdiction, whichever is higher;
• You are not located in a country where access to or use of our website or products is prohibited by law;
• You have not previously been suspended or removed from our services; and
• Your registration and use of our services are in compliance with any and all applicable laws and regulations.

We reserve the right to request proof of age at any time, and to refuse service to anyone who cannot provide valid proof of age. It is your responsibility to ensure that your access to our website and purchase of our products complies with the laws of your jurisdiction.

3. Account Registration

To access certain features of our website or to make a purchase, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update this information to keep it accurate, current, and complete.

You are responsible for:

• Maintaining the confidentiality of your account password;
• Restricting access to your account;
• All activities that occur under your account or password; and
• Ensuring that all persons who access our website through your account are aware of these Terms and comply with them.

You agree to notify us immediately of any unauthorized access to or use of your account or password, or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

4. Products and Pricing

All products displayed on our website are subject to availability. We reserve the right to discontinue any product at any time.

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any product or service without notice at any time.

We make every effort to display as accurately as possible the colors and features of our products that appear on the website. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

We do not warrant that product descriptions or other content on the website is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.

5. Orders and Payments

When you place an order through our website, you are making an offer to purchase the products you have selected. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or problems identified by our fraud detection systems.

If we decline your order, we will notify you and refund any payment you have made.

Payment must be received prior to acceptance of an order. We accept various payment methods as indicated on our website. By providing a payment method, you represent and warrant that:

• You are authorized to use the designated payment method;
• The payment information you provide is true and accurate; and
• You authorize us to charge your payment method for the total amount of your order (including any applicable taxes and shipping charges).

For more information about our payment procedures, please refer to our Payment Information page.

6. Shipping and Delivery

We ship our products to most countries worldwide, with some exceptions due to local regulations regarding vaping products. Shipping times and costs vary depending on your location and the shipping method selected.

You are responsible for providing accurate shipping information. We are not responsible for delays or delivery failures resulting from incorrect or incomplete shipping information.

Risk of loss and title for items purchased from our website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

For more information about our shipping procedures, please refer to our Shipping Policy page.

7. Returns and Refunds

We want you to be completely satisfied with your purchase. If you are not satisfied, you may be eligible to return the product in accordance with our return policy.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Certain types of items cannot be returned, including:

• Products that have been opened or used
• Products with broken seals
• Products that are damaged due to misuse
• Products that are past their expiration date

For more information about our return and refund procedures, please refer to our Warranty Terms page.

8. Intellectual Property

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by ZOOY VAPE, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the website for your personal, non-commercial use only. You must not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of the Terms, your right to use the website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by ZOOY VAPE.

The ZOOY VAPE name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ZOOY VAPE or its affiliates or licensors. You must not use such marks without the prior written permission of ZOOY VAPE. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

9. User Content

Our website may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post on or through our website, including its legality, reliability, and appropriateness.

By posting User Content on or through our website, you represent and warrant that:

• The User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms.
• The posting of your User Content on or through our website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
• The User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• The User Content does not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• The User Content does not violate any applicable law, regulation, or rule.
• The User Content does not include any material that could be considered harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.

We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is otherwise objectionable.

10. Prohibited Activities

You may use our website only for lawful purposes and in accordance with these Terms. You agree not to use our website:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate ZOOY VAPE, a ZOOY VAPE employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by us, may harm ZOOY VAPE or users of the website or expose them to liability.

Additionally, you agree not to:

• Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website.
• Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.
• Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
• Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the website.

11. Disclaimers

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER ZOOY VAPE NOR ANY PERSON ASSOCIATED WITH ZOOY VAPE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ZOOY VAPE NOR ANYONE ASSOCIATED WITH ZOOY VAPE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ZOOY VAPE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation of Liability

IN NO EVENT WILL ZOOY VAPE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Indemnification

You agree to defend, indemnify, and hold harmless ZOOY VAPE, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website, including, but not limited to, your User Content, any use of the website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the website.

14. Termination

We may terminate or suspend your account and bar access to the website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the website, or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website thereafter.

Your continued use of the website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

17. Contact Information

If you have any questions about these Terms, please contact us:

• By email: legal@verdevalleyvapes.com
• By phone: +1 (800) 999-9999
• By mail: ZOOY VAPE, 123 Vape Street, Suite 456, New York, NY 10001, USA