Gaiatrend USA Terms and Conditions of Use

 

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 and other applicable law. USING THIS WEBSITE AND CLICKING ON THE “AGREE” BOX WHEN YOU PLACE YOUR ORDERS REPRESENTS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEBSITE.

 

The Sale of Electronic Cigarette and Electronic Cigarette related products

Gaiatrend USA, LLC (“Gaiatrend USA”) and any and all of Gaiatrend USA's parent and subsidiary companies do not sell Electronic Cigarette and/or Electronic Cigarette related products to persons under the legal smoking age for the state in which you reside. By using this site you are representing that you are over the legal smoking age for the state in which you reside. Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies make every effort to ensure that Electronic Cigarette and Electronic Cigarette related products are not delivered to anyone who is under the legal smoking age for the state in which you reside. By using this site you are representing that the person receiving a shipment of Electronic Cigarette and/or Electronic Cigarette related products from Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies is over the legal smoking age for the state in which you reside. You also agree that any Electronic Cigarette and/or Electronic Cigarette related products purchased from Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies is/are intended for personal use and not for resale. If you do not agree with these terms and conditions, please do not use this site or accept these conditions.

 

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies. The collective work includes works that are licensed to Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies. Copyright 2016, Gaiatrend USA ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Gaiatrend USA or purchasing Gaiatrend USA products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Gaiatrend USA or to purchase Gaiatrend USA products. 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 Gaiatrend USA. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

 

Copyright Complaints [USA]

www.AlfaliquidUSA.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our office immediately by emailing us at [email protected]

 

Trademarks

All trademarks, service marks and trade names of Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies used in the site are trademarks or registered trademarks of Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies.

 

Electronic Communications

Anytime you send Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies an email, or log in on to our website at www.alfaliquidusa.com, you are communicating with us in an electronic format. This gives Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies the permission to communicate back to you in the same electronic format, either by e-mail or text written on our website. With this, we both mutually agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies satisfies all legal notification requirements.

 

Compliance with Applicable Laws

Export Control Laws: Visitor or user access to www.alfaliquidusa.com is governed by all applicable federal, state, and local laws. All information available on www.alfaliquidusa.com is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

 

Licence and site Access

Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies grant you a limited licence to access and make personal use only of the www.alfaliquidusa.com Site. Such grant does not include, without limitation:

(a) any resale or commercial use of the Site or content therein, or download or modify any portion of the Site, except through page storing;

(b) the collection and use of any product listings, pricing, or descriptions;

(c) making derivative uses of the Site and its contents; or

(d) any copying or downloading of information for benefit of a third party;

Any unauthorized use will immediately terminate your permission to use this Site. You may not use any Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies text, graphics, photos, logos, button icons, images, audio clips, digital downloads or data compilations without the express written permission of Gaiatrend USA.

 

Your www.alfaliquidusa.com Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies only sell to smoking adults of legal smoking age, who own and can purchase with a credit card. If you are under the legal smoking age, www.alfaliquidusa.com and its affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.

 

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies do not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

 

Risk of Loss

All items purchased from www.alfaliquidusa.com or from Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies or sales/distribution agents are made 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.

 

Disclaimer of Warranties and Limitation of Liability

Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies products, this Site and all information, content, materials, products, software and services included on or otherwise made available to you through this Site are provided by Gaiatrend USA or its affiliates on an “as is” basis, unless otherwise specified in writing. Gaiatrend USA and its affiliates make no representations or warranties of any kind, express or implied, as to the products or the operation of this Site or the information, content, materials, products, software or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. You expressly agree that your use of Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies products as well as any third party products or this Site is at your sole risk.

To the full extent permission by applicable law, Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies and www.alfaliquidusa.com and its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies and www.alfaliquidusa.com and its affiliates do not warrant that Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies products; this Site; information, content, materials, products, software, or services included on or otherwise made available to you through this Site; their; or email sent from www.alfaliquidusa.com are free of defects viruses or other harmful components. Neither Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies nor www.alfaliquidusa.com and its affiliates will not be liable for any damages of any kind arising from the use of Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies products, this Site or from any information, content, materials, products, software or services included on or otherwise made available to you through this Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion of 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.

Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies reserve the right to change any and all content contained on this Site at any time without notice.

 

Typographical Errors

In the event that a Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies product is mistakenly listed at an incorrect price, Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies reserve 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, Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies shall issue a credit to your credit card account in the amount of the incorrect price.

 

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

Notice

Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies 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 Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies.

 

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of New York, 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. 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 Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies products) shall be in the state or federal courts located in New York City, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies products) must be commenced within one (1) year after the claim or cause of action arises. Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies’s 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. Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. 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.

 

Participation Disclaimer

Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Gaiatrend USA is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies in its sole discretion.

 

Indemnification

You agree to indemnify, defend, and hold harmless Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable 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.

 

Third-Party Links

In an attempt to provide increased value to our visitors, Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies may link to sites operated by third parties. However, even if the third party is affiliated with Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies, Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies seek to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

 

Disclaimer

These products are not intended to diagnose, treat, cure or prevent any disease. Information and statements made are for educational purposes and are not intended to replace the advice of your health care professional. By purchasing these products, you agree to use products at your own risk. Under no circumstances will Gaiatrend USA and any and all of Gaiatrend USA’s parent and subsidiary companies 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 on this site. Our products are intended for ADULTS only. Our products are not to be used by anyone under the legal smoking age of the state they reside in. Other Groups that should consult a physician before use Included (but are not limited to): Those who suffer from heart disease or high blood pressure. Pregnant, nursing, or those thinking of becoming pregnant. Those allergic to nicotine or other PG based products.

 

E-Juice Disclaimer

Products sold on this site may contain nicotine which is a highly addictive substance. CALIFORNIA PROPOSITION 65 – Warning: This product contains nicotine, a chemical knowns to the state of California to cause birth defects or other reproductive harm. Products sold on this site is intended for adult smokers. You must be of legal smoking age in your territory to purchase products. Please consult your physician before use. E-Juice on our site may contain Propylene Glycol and/or Vegetable Glycerin, Nicotine and Flavorings. Our products may be poisonous if orally ingested. Products sold by Gaiatrend USA are not smoking cessation products and have not been evaluated by the Food and Drug Administration, nor are they intended to treat, prevent or cure any disease or condition. For their protection, please keep out of reach of children and pets. USE ALL PRODUCTS ON THIS SITE AT YOUR OWN RISK!

 

Product Image Disclaimer

Product images are for illustration purposes only. Actual product colors may vary depending on screen resolution and lighting.

 

Price Adjustment Disclaimer

Gaiatrend USA will honor price adjustment within 14 days from the date of purchase with proof of purchase. Holiday specials, promotional sales, and clearance sales may be exempt. Price adjustment will be issued via store credit.

Please Note: All listed prices are in USD unless stated otherwise.