TERMS & CONDITIONS

OVERVIEW

This website, (the “Site”), is operated by Ace Vaper. Throughout these Terms & Conditions, the terms “Ace Vaper,” “we,” “us,” and “our” refer to Ace Vaper.
These Terms & Conditions (the “Terms”) govern your access to and use of the Site and your purchase of products offered through it. These Terms also incorporate by reference our Privacy Policy, Shipping Policy, Returns, Exchanges & Warranty Policy, and any other policies or conditions expressly identified as forming part of these Terms.

By accessing the Site, creating an account, placing an order, or otherwise using the Site, you agree to comply with and be legally bound by these Terms.

ACCEPTANCE OF TERMS

BY ACCESSING OR USING THIS SITE OR PLACING AN ORDER THROUGH IT, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS.

If you do not agree with these Terms, you must not use the Site or purchase products through it.

You are also responsible for complying with all laws applicable to you and your purchase, possession and use of products offered through the Site.

CHANGES TO THESE TERMS OR THE SITE

Ace Vaper may revise these Terms periodically to reflect changes to our business practices, Site functionality, products, services or applicable legal requirements.
Revised Terms become effective when posted on the Site unless otherwise stated or required by law. Your continued use of the Site following an update constitutes acceptance of the revised Terms.

We may also modify, suspend, restrict or discontinue all or any part of the Site, its functionality or its content at any time, subject to applicable law.

IMPORTANT PRODUCT AND NICOTINE INFORMATION

NICOTINE WARNING

Vaping products may contain nicotine. Nicotine is highly addictive.
Vaping products can expose users to substances that may be harmful to health. Youth and individuals who do not use tobacco or nicotine products should not vape.

Nicotine can lead to dependence and addiction. Children and youth are particularly susceptible to nicotine’s effects, and exposure during adolescence can affect brain development, memory, concentration and impulse control.

Nicotine-containing vaping liquid can be poisonous if swallowed and may also be harmful following inappropriate exposure.
Products containing nicotine should always be kept securely out of the reach of children and pets.

Safe Handling of Vaping Liquids

Users should:

• keep vaping liquids away from children and pets;
• store products securely and according to manufacturer instructions;
• keep vaping liquids away from food, beverages and medicines;
• properly close containers following use;
• avoid unnecessary skin or eye contact with vaping liquids; and
• wash exposed skin promptly if contact occurs.

If vaping liquid is swallowed or serious exposure occurs, immediately contact emergency medical services or the appropriate poison-control service.

Battery and Device Safety

Vaping devices may contain lithium-ion or other rechargeable batteries. Improper use, storage, charging or transportation can result in overheating, fire, explosion, property damage or personal injury.
Users should:

• use only batteries and charging equipment suitable for the applicable device;
• follow the device and battery manufacturer’s instructions;
• never use visibly damaged batteries;
• avoid modifying vaping devices or batteries;
• never carry loose batteries where they can contact coins, keys or other metal objects;
• store spare removable batteries in an appropriate protective case;
• avoid exposing batteries to excessive heat, moisture or physical damage;
• avoid charging a device beyond manufacturer recommendations; and
• keep vaping devices, batteries and accessories away from children and pets.

Stop using any product immediately if it appears damaged, overheats, leaks or otherwise behaves abnormally.

SECTION 1 – AGE RESTRICTIONS AND ELIGIBILITY

Ace Vaper sells age-restricted products.
By accessing age-restricted areas of the Site or purchasing products through Ace Vaper, you represent and warrant that you satisfy the minimum legal age applicable to the purchase of the relevant product in your province, territory or other applicable jurisdiction.

You may be required to provide valid government-issued identification or otherwise complete an age-verification process before an order is accepted, fulfilled, delivered or released.

Age verification may also be required at delivery or pickup.
Orders may be refused, cancelled or returned where the purchaser or recipient cannot satisfy applicable age-verification requirements.

It is prohibited to purchase age-restricted products for, or facilitate their acquisition by, a person who is not legally permitted to purchase or possess them.

SECTION 2 – CANADIAN SALES AND APPLICABLE LAW

Ace Vaper operates from Ontario, Canada, and the Site is intended primarily for customers located within Canada.
You are responsible for ensuring that your access to the Site and your purchase, possession and use of any product comply with laws applicable in your jurisdiction.

The availability of a product on the Site does not constitute a representation that the product may lawfully be purchased, delivered, possessed or used in every jurisdiction.

We reserve the right to restrict products, orders, quantities or destinations where necessary to comply with applicable laws or our business requirements.

SECTION 3 – SHIPPING, DELIVERY AND MISSING PACKAGES

Orders are subject to Ace Vaper’s applicable Shipping, Delivery and Missing Package Policy, as published on the Site.
Shipping estimates are estimates only unless otherwise expressly stated.

Delivery may be affected by circumstances outside Ace Vaper’s reasonable control, including carrier delays, weather, transportation interruptions, incorrect address information, age-verification requirements and other operational circumstances.

Customers are responsible for providing complete and accurate shipping information.
Additional terms concerning delivery attempts, identification, age verification, missing packages and returned shipments may be contained in our Shipping Policy.

SECTION 4 – RETURNS, EXCHANGES AND WARRANTIES

Returns, exchanges, defective products and warranty claims are governed by Ace Vaper’s applicable Returns, Exchanges & Warranty Policy.
Certain products may be subject to restrictions on return or exchange because of their nature, sanitary considerations, manufacturer warranty requirements, product condition or applicable law.

Nothing in these Terms is intended to eliminate rights or remedies that cannot lawfully be excluded under applicable consumer-protection legislation.

SECTION 5 – PROMOTIONS, DISCOUNTS AND COUPONS

Coupons, promotional codes, discounts and special offers are subject to the conditions applicable to the particular promotion.
Unless expressly stated otherwise, promotional codes and discounts cannot be combined.

Ace Vaper may establish eligibility requirements, product exclusions, minimum purchases, expiration dates, redemption limits and other conditions for promotions.
Promotions involving vaping or nicotine products will be offered only where and in the manner permitted by applicable federal and provincial law.

We reserve the right to correct, suspend or cancel a promotion where an error has occurred or where continuing the promotion would violate applicable law.

SECTION 6 – PRODUCT AND HEALTH INFORMATION

Information presented on the Site is provided for general product and informational purposes.
Unless expressly stated otherwise, products and information available through Ace Vaper are not intended to diagnose, treat, cure or prevent disease, medical conditions or nicotine dependence.

Information provided through the Site is not medical advice and should not replace advice from a physician, pharmacist or other qualified healthcare professional.
Individual experiences with vaping products may differ substantially.

Descriptions concerning flavour, vapour production, product longevity, number of puffs, battery duration, coil life, pod life or similar characteristics may depend on factors including individual usage patterns, device settings, storage, environmental conditions and manufacturing tolerances.

Accordingly, such descriptions or estimates should not be interpreted as guarantees of individual results.

SECTION 7 – PRODUCT DESCRIPTIONS AND IMAGES

Ace Vaper makes reasonable efforts to present products accurately.
However, product photographs, colours, packaging, specifications, dimensions and other representations may vary from the product actually received due to manufacturer changes, display settings, photography, packaging revisions or other factors.

Manufacturers may modify packaging or product specifications without immediately providing updated images or information.

Where appropriate, customers should review manufacturer instructions and packaging accompanying the actual product.

SECTION 8 – INTELLECTUAL PROPERTY

The Site and its content, including text, graphics, photographs, product descriptions, logos, icons, designs, layouts, software, video, audio and other materials, may be protected by Canadian and international copyright, trademark and other intellectual-property laws.

Unless otherwise indicated, Site content is owned by Ace Vaper, licensed to Ace Vaper, or used with authorization from the applicable rights holder.
Ace Vaper, associated branding, logos and original Site materials may not be copied, reproduced, republished, distributed, commercially exploited or used to create derivative works without prior authorization, except as permitted by applicable law.

Third-party brand names, trademarks, product names and logos displayed on the Site remain the property of their respective owners.
Access to the Site does not transfer any ownership or intellectual-property rights to you.

You may use the Site and its content for lawful, personal and non-commercial purposes only unless Ace Vaper expressly authorizes another use.

SECTION 9 – ACCURACY OF WEBSITE INFORMATION

We make reasonable efforts to maintain accurate and current Site information.
Nevertheless, the Site may occasionally contain errors, omissions, outdated information or other inaccuracies.

These may relate to product specifications, descriptions, images, prices, promotions, availability, inventory, shipping costs or other information.
We reserve the right to correct such information subject to applicable law.

SECTION 10 – PRICING AND PRODUCT AVAILABILITY

Prices, products, promotions and availability may change without prior notice.
Ace Vaper may introduce, modify or discontinue products and may limit the quantity of products available for purchase.

All orders are subject to product availability and acceptance by Ace Vaper.
Where permitted by law, we reserve the right to correct pricing or listing errors and to cancel or decline an affected order.

Applicable taxes, shipping costs and other charges will be presented as appropriate during the ordering process.

SECTION 11 – ORDERS, BILLING AND PAYMENT

When placing an order, you agree to provide accurate, current and complete information.
You represent that you are authorized to use the payment method submitted for the transaction.

Payment transactions may be processed by authorized third-party payment service providers.
By submitting payment information, you authorize the processing of that information as reasonably necessary to complete the transaction.

Ace Vaper reserves the right, subject to applicable law, to decline, hold, limit or cancel an order where we reasonably determine that additional verification is required or where an order appears to involve fraud, unauthorized activity, resale contrary to applicable restrictions, an obvious pricing or inventory error, circumvention of purchase limits, or another violation of these Terms.

If an order is cancelled after payment has been processed, any refund owing will be handled through the applicable payment method or otherwise in accordance with our policies and applicable law.

SECTION 12 – ACCOUNTS AND ACCOUNT SECURITY

Certain Site features may allow or require customers to create an account.
You are responsible for providing accurate account information and maintaining the confidentiality of your login credentials.
You must not permit unauthorized persons to use your account.

You agree to notify Ace Vaper promptly if you become aware of unauthorized access to your account or another security issue associated with it.
You are responsible for taking reasonable precautions when accessing your account from shared or public devices.

Ace Vaper may suspend or terminate an account where reasonably necessary to address suspected fraud, security concerns, unlawful activity or material violations of these Terms.

SECTION 13 – THIRD-PARTY WEBSITES AND SERVICES

The Site may contain links to third-party websites, social-media services, payment services or other external resources.
Links are provided for convenience and do not necessarily constitute Ace Vaper’s endorsement of the third party or its products, services or content.

Ace Vaper does not control independent third-party websites and is not responsible for their content, availability, security, privacy practices or terms.
Your interactions with third-party websites and services are governed by the applicable third party’s own policies and terms.

SECTION 14 – USER REVIEWS, COMMENTS AND SUBMISSIONS

Where the Site permits customers to submit reviews, comments, photographs, feedback or other materials (“User Content”), you are responsible for the content you submit.
You must not submit User Content that:

• violates applicable law;
• infringes copyright, trademark, privacy or other legal rights;
• is knowingly false or materially misleading;
• is defamatory, threatening, abusive, obscene or unlawfully discriminatory;
• contains malicious software or harmful code;
• impersonates another person or organization;
• contains unauthorized advertising or spam; or
• otherwise materially violates these Terms.

By voluntarily submitting User Content for publication, you represent that you have the necessary rights to provide it.

To the extent necessary to operate, promote and display the Site and the submitted content, you grant Ace Vaper a non-exclusive, royalty-free licence to reproduce, display, publish and otherwise use that User Content, subject to applicable law and our Privacy Policy.

Ace Vaper may moderate, reject or remove User Content that violates these Terms or applicable law.

SECTION 15 – PROHIBITED USES

You may not use the Site:

• for an unlawful or fraudulent purpose;
• to purchase age-restricted products for an ineligible person;
• to violate intellectual-property or privacy rights;
• to impersonate another individual or entity;
• to provide deliberately false or misleading information;
• to distribute spam or unauthorized commercial communications;
• to introduce viruses, malware or harmful computer code;
• to interfere with Site security or functionality;
• to attempt unauthorized access to accounts, systems, servers or data;
• to conduct denial-of-service or similar attacks;
• to scrape, crawl, harvest or systematically copy Site content through automated means where not authorized by us or applicable law; or
• to assist another person in engaging in prohibited conduct.

We may restrict or terminate access to the Site where reasonably necessary in response to prohibited activity.

SECTION 16 – PRIVACY

Personal information submitted through or collected in connection with the Site is handled in accordance with the Ace Vaper Privacy Policy.
The Privacy Policy forms part of these Terms and should be reviewed before providing personal information through the Site.

SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on the Site may contain typographical errors, inaccuracies or omissions relating to products, descriptions, specifications, prices, promotions, shipping charges, transit estimates or availability.

Subject to applicable law, Ace Vaper may correct errors, update information or cancel affected orders where necessary.
Nothing in this section limits rights that a consumer may have under applicable law.

SECTION 18 – WEBSITE SECURITY

You must not attempt to circumvent Site security or authentication mechanisms.
Prohibited activities include attempting unauthorized access to restricted information, interfering with servers or networks, introducing malicious software, exploiting vulnerabilities, conducting automated attacks, or otherwise interfering with the proper operation of the Site.

Ace Vaper may investigate suspected security violations and may cooperate with law-enforcement agencies or other authorities where permitted or required by law.

SECTION 19 – DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Ace Vaper does not warrant that access to the Site will always be uninterrupted, error-free or secure or that every defect will immediately be corrected.
To the maximum extent permitted by applicable law, Ace Vaper disclaims warranties or conditions that may otherwise arise in connection with the Site except for warranties or conditions that cannot lawfully be excluded.

Nothing in these Terms excludes or limits statutory warranties, consumer rights or other protections that cannot legally be waived or excluded.

SECTION 20 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACE VAPER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO ACCESS TO OR USE OF THE SITE, INABILITY TO ACCESS THE SITE, OR RELIANCE ON SITE CONTENT.

This may include, where legally permitted, loss of data, revenue, profits, business opportunities or goodwill.
These limitations apply only to the extent permitted by applicable law.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE CANADIAN LAW.

SECTION 21 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Ace Vaper and its directors, officers, employees, agents, service providers and contractors from third-party claims, losses, liabilities and reasonable legal costs arising from your unlawful use of the Site, material violation of these Terms, infringement of another person’s rights, or User Content submitted by you.

This provision does not apply to the extent that a claim or loss was caused by Ace Vaper or where indemnification would otherwise be prohibited by law.

SECTION 22 – FORCE MAJEURE

Ace Vaper will not be responsible for a failure or delay in performing obligations where that failure or delay results from circumstances beyond our reasonable control, subject to any rights that cannot be excluded under applicable law.

Such circumstances may include severe weather, natural disasters, fire, labour disruptions, transportation interruptions, carrier disruptions, telecommunications or Internet failures, government actions, regulatory changes, supply interruptions, emergencies or other comparable events.

SECTION 23 – SEVERABILITY

If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be interpreted or limited to the minimum extent necessary where legally permissible.

The remaining provisions will continue in full force and effect.

SECTION 24 – WAIVER

A failure or delay by Ace Vaper to exercise a right or remedy under these Terms does not constitute a waiver of that right or remedy.
A waiver concerning one circumstance does not constitute a continuing waiver or a waiver concerning another circumstance.

SECTION 25 – ENTIRE AGREEMENT

These Terms, together with the policies and documents expressly incorporated into them, constitute the agreement between you and Ace Vaper concerning your use of the Site and purchases made through it, subject to applicable law.

SECTION 26 – GOVERNING LAW AND JURISDICTION

These Terms and your use of the Site are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles, except where applicable consumer-protection or other legislation requires otherwise.

Subject to any jurisdiction or forum rights that cannot legally be waived, disputes arising from these Terms or use of the Site will be subject to the jurisdiction of the courts of Ontario.

SECTION 27 – CONTACT INFORMATION

Questions regarding these Terms & Conditions may be directed to:
Ace Vaper
Website: www.acevaper.ca
Email: info@acevaper.ca