1. Object
These general conditions of sale are intended, first, to inform any potential consumer on the terms and conditions under which the seller OnlyVape.ca (OV) Makes the sale and delivery of products ordered and on the other hand, to define the rights and obligations of the parties in connection with the sale of products by OV the consumer (the “Purchaser”). They apply, without limitation or qualification, to all sales of products offered by OV (www.OnlyVape.ca) on its website.
Accordingly, for any person to order a product offered for sale on the website of OV (www.Onlyvape.ca) wins full acceptance of these terms and conditions of sale which Buyer acknowledges having read before ordering.
The products are offered for sale on the following geographical territory: Canada ONLY.
Buyer prior to his order, said that:
– Have full legal capacity, allowing him to engage under these terms of sale.
– Be of age at the time of purchase on the site. To be of legal age according to the legislation in force of the place (country, provinces) of residence. OV Reserves the right to request all receipts prior to the final sale as well as to include the ID card presentation option on delivery via the postal service.
– As mentioned, if you place an order and you are under the legal age, the order will not be refundable.
OV reserves the right to modify at any time these terms and conditions.
2. Identity of the Company
Name: OnlyVape.ca
3. Access to the Site
The Buyer shall be personally responsible for the implementation of computer technology and telecommunications to access the website www.OnlyVape.ca.
The Buyer retains bear the telecommunication costs when accessing the Internet and using the website OV.
4. Formation of the contract and orders
4.1. Prices
Online product sales prices on the website of OV, quoted in CDN dollars, are those in effect at time of registration of the order by the Buyer.
They do not include shipping costs, charged in addition to the price of products purchased according to the amount of the order. Shipping charges are shown before the registration of the order by the Buyer.
The selling price may be modified by OV at any time. This change will be reported to the Buyer before ordering.
4.2. Product features
According to the Consumer Code, the Purchaser may, prior to his order, take note on the website www.OnlyVape.ca, the essential characteristics of the product (s) they wish to order.
The Buyer selects one or several products among the different categories available on the website of OV.
The offers presented by OV are valid while stocks last. For products not stocked in its warehouses, the offers presented by OV are valid subject to availability from suppliers.
The items offered for sale on the website www.OnlyVape.ca by the company OV are exclusively offered to individuals for personal use. Any natural or legal person wishing to sell all or part of the products sold on the website under the heading Only Vape will be requested and will be charged the license fee costs.
OV reserves the right to pursue legal action against any individual or entity that does not respect this clause.
OV reserves the right to cancel an order, terminate it or not to process it if the price of the goods is incorrect.
The photographs, graphics and descriptions of products offered for sale are only indicative and not binding on the seller.
Should a supplier modify a product, the graphic representation of it does not engage the responsibility of the seller or even affect the validity of the sale.
4.3. order
Any order implies acceptance without limitation or qualification these terms and conditions.
From the moment the buyer has registered his order by clicking on the “Confirm”, it is deemed to have accepted knowingly and without reservation, these general conditions of sale, prices, volumes and quantities of products offered for sale and ordered. However, the Purchaser may cancel the order during the hour following its validation by calling the customer service OV
The Buyer’s order must be confirmed by OV by e-mail. The sale will be considered final after sending the Buyer to this order confirmation by OV and receipt by it of the full price.
OV recommends that the Buyer retains the information in the order confirmation sent by OV on paper or on computer.
As a member of a selective distribution network, OV sells products on its website only retail and end consumers. Any order not obviously corresponding to a retail sale and, more generally, any fraudulent order or suspected as such, will be considered by OV as null and void.
5. Payment
Payment must be made when ordering online by the Buyer. At no time, payments can not be considered as a deposit or installments.
To set the order, the Buyer has the following payment methods: credit card Only.
Credit cards accepted on the website OV are: Visa and Master Card.
Buyer warrants to OV it has the necessary permissions to use the payment method he chose, when recording the purchase order.
OV reserves the right to suspend or cancel any order and / or delivery, whatever its nature and level of execution in case of non-payment of any sum payable by the Purchaser, in case of incident payment, or in case of fraud or attempted fraud concerning the use of the website of OV.
Penalties in an amount equal to the legal interest rate plus five points are automatically applicable to amounts outstanding at the end of a period of ten days of the invoice date or upon notification of the rejection of bank payment any other means of payment. The delivery of any new order may be suspended in case of late payment of a previous order, notwithstanding the provisions hereof.
OV reserves the right to request a photocopy of identity card and / or credit card (front only) Buyer for any payment by credit card. For amounts over $ 200 CAD, OV reserves the right to request a certified copy of an identity document.
As part of the fight against Internet fraud, information about your order may be passed on to third parties for verification.
OV uses a secure payment tool, the system “PsiGate”. Payment security is based on authentication of the Buyer, and the confidentiality of data completeness.
6. Choice of products
The Buyer having considered the products and their characteristics, marketed in www.OnlyVape.ca site, has under its sole responsibility and according to his needs as a previously determined before any order, turned his choice on the product or products covered by the order. In addition, the Purchaser knowing only the products he owns and uses, is the sole judge of the compatibility of products ordered with those he uses.
It belongs exclusively to the Buyer, if he does not feel competent enough, to be assisted by counsel.
7. Delivery and reception
7.1. General rules
Products will be delivered to the address indicated by the Purchaser on the order form.
By default, invoices are available in the website of the client area www.OnlyVape.ca
Lack of compliance with the procedures described below, no claim by the Purchaser will be accepted.
For any order confirmed before 13h, from Tuesday to Friday (excluding holidays), the sending of the order will take place generally the same day and within the limit of Available stock. Orders containing e-liquids and materials may be deferred depending on available stocks.
These deadlines are provided for information only.
Any overshoot in terms of time will not lead either to damages nor to withholding or cancellation of the order by the Buyer.
In any event, and in accordance with the consumer, the products ordered will be delivered within a maximum period of ninety days from the date when the Buyer has registered his order, subject to full payment.
A failure to deliver on the expiry of that period, the Buyer will have the opportunity to cancel the order. The amounts paid by the Buyer will be refunded without delay, to the exclusion of any other compensation. Buyer must make his request in writing (mail or email to the address listed under “Contact Us” website of OV) Which will allow OV improve the quality of service that can be offered to the Buyer.
OV then conduct an investigation with the carrier concerned before the cancellation of the order by the Buyer and reimbursement of products ordered and not delivered.
An investigation with the carrier can last up to 21 days. If during this period, the package containing the product is found, it will be the choice of the Buyer is immediately re-routed to the delivery point designated in the order form is retained by OV which will refund the products ordered undelivered.
However, if the package containing the ordered product is not found at the end of this period of 21 days of investigation, OV proceed to the choice of the buyer or refund the products ordered is not delivered to a new shipment of fresh OV products ordered by the Buyer.
In the event that the goods ordered are no longer available, it will be applied the provisions referred to in Article 8. In case of exchange of product (s), the shipping costs will be borne by the Buyer.
If one or many items are missing, we will contact you by email or by phone to know if we proceed to a refund or an exchange for these.
If the customer doesn’t answer to these attempts within 3 weeks, we will reserve us the right to send the order and/or refund the missing items.
7.2. Return of products
The products sold by the seller have the legal guarantee provided by the following articles of the Civil Code. In case of noncompliance of a product, it can be returned to the vendor who will take over, refund or exchange (subject to availability). All claims, requests for exchange, refund must be made through the contact form on the site. Returns will be at the customer.
Excluded from the warranty consumables: all flavors, databases, e-liquids and for hygienic conditions.
However, if a customer receives a product that does not work when the first use will be exchanged upon receipt of the defective product (to the customer).
The Limited Warranty will be void if Manufacturer determines, in its discretion, that:
any proprietary labeling has been removed from the Products; or
any physical damage to the Products has been caused as a result of improper handling during or after shipment, misuse, neglect, improper installation, operation, repair, alteration, accident or for any other cause not attributable to defective workmanship on the part of manufacturer or defective material used by manufacturer to manufacture the Products.
8. Reservation
OV retains full ownership of goods sold until full payment of the full price in principle, including charges and taxes.
9. Liability
OV. can not be held liable for breach of contract in case of shortage or unavailability of the product due to a force majeure, disruption or total or partial strike of postal services and transport and / or communications.
OV can not be held responsible for any damages that may arise from the purchase of products.
OV can not be responsible for any loss of data or files. It is the Buyer to conduct all the necessary safeguards concerning his (its) control (s).
www.OnlyVape.ca website also contains information from third parties, and links to other Internet sites. OV shall under no circumstances be held liable for damages resulting from the use, access to, or inability to use this third information, nor the content of other websites.
10. Partial invalidity
If one or more provisions of these terms and conditions are held to be invalid or declared as such under any law, regulation or following a final decision of a competent jurisdiction, the remaining provisions will remain full force and effect.
11. No Waiver
The failure of either party not to claim a breach to the other party to any of the obligations contained in the present general conditions of sale can not be interpreted in the future as a waiver the obligation in question.
12. Governing Law and Jurisdiction
Product sales of the company OV are subject to Canadian law. Any dispute concerning the interpretation, performance or breach of contract between OV and the Buyer, even in cases of multiple defendants, shall, in default of agreement, the exclusive jurisdiction of the courts of Toronto.
13. “Data Protection”
The information collected by OV in any order of Buyer are necessary for the management of its order by OV and its trading partners. According to the law, the Buyer has the right to access, rectify, oppose and delete data relating to OV by sending a letter to Customer Service OV (Contact information in the “Contact Us” website of OV).
Through OV, The Buyer has expressly given its content, can be brought to receive commercial offers from other organizations or businesses, or be informed of offers of OV If Buyer does not wish to receive these proposals, it can inform OV by mail or email (details provided in the “Contact Us” website of OV.).
OV reserves the right to install cookies on the computer of visitors to its website. A cookie does not allow OV identify visitors to its website. In general, it records information about the navigation computer of the visitors on the website OV (Pages that have been visited, the date and time of the consultation, etc …) as OV may read during subsequent visits to those users. In this case, it contains information that the visitor has to provide OV Thus, the visitor does not need during his next visit to refill the form that OV offered him.
The visitor has the right to oppose the registration of “cookies” by configuring their browser. Each browser is different, visitors must check in the “Help” menu of the browser how to change preferences regarding cookies. However, some features of the website OV can not be used if the visitor refuses the installation.