TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By visiting or using AVAIL’s website at www.availvapor.com and its associated web pages (collectively, the “Website”), your use of the website constitutes your agreement to the following terms and conditions. If you do not agree to these terms, you should immediately cease use of the website. AVAIL, LLC (“AVAIL” or “we” or us”), suggests printing and retaining a copy of these Terms and Conditions for your future reference, but you should be aware that we may revise these Terms and Conditions as reflected below.
Online promotions are not combinable with any other offer or products already on sale. Not all online promotions are redeemable in-store. Other disclaimers that may appear on promotions are below:
- Available in-stores and online
- Available in-stores or online only
- Cannot be combined with any offers or promotions
- While supplies last
- Must prove at checkout to receive a discount
You must be 21 years, or of legal smoking age in your locality to try, purchase, or use the products on the Website. If you create an AVAIL account, you are responsible for maintaining the confidentiality of your account and password. You further acknowledge and agree that you must be of legal smoking age to purchase or consume any of AVAIL’s products or to participate in any of our promotions or other offers on the Website or otherwise. AVAIL reserves the right to use third-party age verification services at its discretion.
Shipping charges are calculated at the time of order placement. Shipping outside of the United States is not available at this time. Prices will vary depending on geographical location. Orders exceeding $75.00 qualify for FREE USPS first class shipping.
Orders placed before 10 PM Eastern Time will be shipped the following business day. Orders placed on weekends will not start processing until the following Monday. Expedited shipping with United Parcel Services (UPS) options is available. UPS options include Ground, 2nd Day Air, Next Day Air, and Next Day Air Early AM. Air shipment is not available on batteries or products containing batteries. Back-ordered items will be filled and shipped immediately upon inventory availability. All items purchased from us are shipped 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.
If you are missing an item in your shipment, a claim must be presented within 7 days of the shipping being “Delivered” in the shipment tracking information.
COPYRIGHTS AND TRADEMARKS
All the content included on the Website, including without limitation text, graphics, photographs, sounds, data, images, audio and video clips, logos, button icons, digital downloads, data compilations and software (“Content”) is the property of AVAIL or its third party licensors and is protected by U.S. and international copyright laws. The copyrights to all contents of the Website are proprietary to AVAIL or its third party licensors, and you may not reproduce, post on any other website, modify, distribute or transmit any portion of the Website without the express written consent of AVAIL. Any name, logo, trademark or service mark contained on the Website is owned or licensed by AVAIL and may not be used by you without the prior written consent of AVAIL. You may access the Website only for your individual, commercial interaction with us, and for no other commercial use.
Although the Website may be linked to other websites, AVAIL does not endorse, approve, certify or sponsor the linked website unless specifically stated therein. AVAIL is not the owner of, does not control and is not responsible for any content of any website linked to the Website. Your linking to other websites is at your own risk.
The Website has been designed to comply with United States law. AVAIL does not represent that the content of the Website is appropriate for locations outside the United States. If you access the Website from locations outside the United States, you are responsible for complying with all applicable local laws.
MODIFICATION OF THESE TERMS
We reserve the right, at our sole discretion, to change these Terms and Conditions at any time for any reason, without notice or obligation. By entering the Website, you hereby agree to be bound by any such revisions we make to the Terms and Conditions. Your continued use of the Website following the posting of changes to the terms or other policies means that you acknowledge and accept the changes thereto.
We attempt to be as accurate as possible when posting content. We do not warrant that product description or other content is accurate, complete, reliable, current or error-free.
We encourage customers to leave reviews about the products offered at www.availvapor.com. When leaving reviews, please keep them constructive and relevant to the product at hand. We welcome both favorable and unfavorable feedback, as we want to create a transparent communication landscape where our customers have helpful resources to make informed purchasing decisions. Any reviews that stray from product-relevant commentary, contain profanities, etc will not be posted.
Your use of the website is at your sole risk. The website, any AVAIL Account, and all other information, services, and products contained or sold on the website, including without limitation the products and content, are provided on an “AS IS” and “AS AVAILABLE” basis. We reserve the right to restrict or terminate your access to the website or any feature or part thereof at any time.
DISCLAIMER OF WARRANTY AND LIMITATION ON LIABILITY
AVAIL, its Subsidiaries and AND Affiliates make no representations or warranties of any kind, express or implied, as to the operation of the website or the content included on the website.
AVAIL, its subsidiaries and affiliates expressly disclaim all representations and warranties, express or implied, with respect to such information, services, and products, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance.
AVAIL, its subsidiaries, and affiliates will not be liable for damages of any kind arising from the use of the website, including, but not limited to, direct, indirect, incidental, punitive and consequential damages.
The laws of certain states 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.
RETURN POLICY (PURCHASED VIA THE WEBSITE)
Our return policy EXCLUDES the following items: Atomizer Heads, Atomizer Replacements, E-liquids, Drip Tips, and Mod Batteries; and all sales of such products are final, without exception. Customer shall be responsible for costs of return shipping unless the wrong product was received, or for warranty related returns. In all cases, original shipping costs are non-refundable.
RETURN POLICY (PURCHASED AT A RETAIL STORE)
Retail store purchases must be returned to the store location where originally purchased. For a full retail store return policy, please contact [email protected] or visit your local AVAIL location.
We stand behind the quality of our hardware products to the original purchaser and warrant that such hardware products shall be free from defects in material and workmanship for a period of the greater of (1) thirty (30) days from the original purchase date or (2) the length of the product manufacturer’s warranty. This warranty is to the original purchaser of the product. This warranty applies to the products under normal wear and tear and appropriate usage and is subject to all product usage documentation. This warranty does not cover any defects or those caused by modification, alteration, repair, or service of this product by any persons or company other than AVAIL.
If you would like to inquire about a warranty claim, please contact us at [email protected], and include in your email a thorough description of the problem, the name of the device, and any other information you feel may be useful to us in assisting you. All sales are final.
Depending on your location, the time it takes for your return may vary. In all cases, but especially for shipments worth more than $75.00, please consider using a trackable shipping service or purchasing shipping insurance. AVAIL does not guarantee, and shall not be responsible for receiving returned items or any other issues with the return shipment process.
ADDRESS FOR RETURNS, WARRANTIES, AND EXCHANGES
820 Southlake Boulevard
Richmond, VA 23236
You may cancel your order for up to twenty-four (24) hours from the time you placed your online order by emailing our returns department at [email protected]
CANCELLATION OF ORDERS
We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, age verification issues, inaccuracies, or errors in product or pricing information.
If any provision of these Terms and Conditions shall be deemed unlawful, void or, for any reason, unenforceable, that provision shall be deemed severable from these Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions.
HOW TO CONTACT US
If you have any questions or comments about the Terms and Conditions of the Website, please contact us at [email protected].