Payment and Order Processing
By purchasing products through the Website, you agree that you will pay for all items, and that we may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable). Payments will only be accepted in the form of United States Dollars (USD), and must be received before the products are shipped. All sales are final unless indicated by our return policy (described below), and if a product becomes unavailable following a transaction, your sole remedy is a refund.
We will give you an estimated delivery date for the goods, and will do everything that we can to ensure that your products arrive on or before that date, but no estimated delivery times or dates provided by us are guaranteed. All orders received by 11am MST will be shipped the same day. An adult signature is required upon delivery.
The products or services offered are made available to you for your personal, non-commercial use only. You may not produce, duplicate, copy, sell, resell or use stankyvapes products for any commercial purposes. Additionally, you may not use any stankyvapes product in any manner that is illegal or improper, including, without limitation (i) for any purpose, activity or in any manner that is criminal, illegal or actionable; or (ii) in violation of any local, state, national or international laws, regulations or conventions.
We are very passionate about our product, and we make every effort to ensure that you are fully satisfied with everything you purchase on our website. We understand, however, that sometimes circumstances necessitate the return of one of our items. In the event that you find yourself needing to return one of our products, we invite you to review the terms below outlining our return policy.
For all UNUSED empty cartridges, stankyvapes batteries, or clothing you may return your product with its included accessories within 15 days of purchase for a full refund. If the item is returned unused within the correct timeframe, we will exchange it or offer a refund based on your original payment method. We will absolutely not accept returns on any items that have been used.
Products intended to come into direct contact with essential oil are not available for return.
In the unlikely event of a return or exchange, we ask that you return the products to us at your own cost. Our return address is listed on our website, and you must take reasonable care to ensure that the goods are returned to us undamaged in the original packaging.
We attempt to be as precise and accurate as possible when posting content to the Website. However, We do not warrant that product descriptions or other content is accurate, complete, reliable, current or error-free.
Not for sale to minors | Texas Senate Bill 97. Nicotine is a chemical known to cause cancer, birth defects and other reproductive defects. Nicotine is an addictive chemical.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with STANKYVAPES LLC and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
STANKYVAPES LLC may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
STANKYVAPES LLC reserves the right to withdraw or amend this Website, and any service or material STANKYVAPES LLC provides on the Website, in its sole discretion without notice. STANKYVAPES LLC will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, STANKYVAPES LLC may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
Intellectual Property Rights
The Website and its entire contents, features and functionality including but not limited to all text, content and documents of the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the website, including the design, selection and arrangement thereof (“the Content”) are owned by STANKYVAPES LLC, its licensors or other providers of such material and are protected by United States and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws.
Limitations on Use
These Terms and Conditions 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. STANKYVAPES LLC grants you a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Content without right to sublicense, under the following conditions: you shall not, without STANKYVAPES LLC’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, re-use, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of STANKYVAPES LLC in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to STANKYVAPES LLC, its licensees, or any third party referenced therein. STANKYVAPES LLC reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under STANKYVAPES LLC’s property rights, whether by estoppel, implication, or otherwise. Notwithstanding anything herein to the contrary, STANKYVAPES LLC may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
Without limiting the foregoing, STANKYVAPES LLC has the right to fully cooperate with any law enforcement authorities or court order requesting or directing STANKYVAPES LLC to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS STANKYVAPES LLC AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY STANKYVAPES LLC/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER STANKYVAPES LLC/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Social Media Sites and Third Party Links
From time to time, the Website may include features and functionality that allow you to interact with other sites that are not under STANKYVAPES LLC’s control (“Linked Site”), including various social media websites (“Social Media Sites”). STANKYVAPES LLC provides these features, functionality and links to you only as convenience and is not responsible for the contents or transmission of any Linked Site or Social Media Site or for the Terms and Conditions or privacy practices of any Linked Site or Social Media Site. You should carefully read the policies of any site you visit. Also, in the event that you use any Social Media Site to comment upon STANKYVAPES LLC or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with STANKYVAPES LLC (if any) or any consideration you may receive from STANKYVAPES LLC in connection with your comment (if any). Under no circumstances are you authorized to make any claim regarding STANKYVAPES LLC or any of its products on any Social Media Site regardless of any material connection you may have with STANKYVAPES LLC or your receipt of any consideration. If you make any claim regarding STANKYVAPES LLC or any of STANKYVAPES LLC’s products on a Social Media Site in violation of the foregoing, you, and not STANKYVAPES LLC shall be the sole author of such claim and shall be solely liable therefore.
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Promote any illegal or irresponsible use of narcotics.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by STANKYVAPES LLC or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. STANKYVAPES LLC does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. STANKYVAPES LLC disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Changes to the Website
STANKYVAPES LLC may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and STANKYVAPES LLC is under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
All purchases through STANKYVAPES LLC’s site or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by its Terms and Conditions, which are hereby incorporated into these Terms and Conditions. You also agree that you will not use any STANKYVAPES LLC products for any purposes prohibited by United States law, including, without limitation, the manufacture, production, or consumption of narcotics.
The owner of the Website is based in the state of Colorado in the United States. STANKYVAPES LLC provides this Website for use only by persons located in the United States. STANKYVAPES LLC makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain states or countries. If you access the Website, you do so on your own initiative and are responsible for compliance with federal, state, and local laws.
You understand that STANKYVAPES LLC cannot and does not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. STANKYVAPES LLC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
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 STANKYVAPES LLC NOR ANY PERSON ASSOCIATED WITH STANKYVAPES LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER STANKYVAPES LLC NOR ANYONE ASSOCIATED WITH STANKYVAPES LLC 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 THE 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.
STANKYVAPES LLC 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL STANKYVAPES LLC, ITS LICENSEES, 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 OR ANY SERVICES OR ITEMS OBTAINED THROUGH 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless STANKYVAPES LLC, 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 and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal 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 and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, although STANKYVAPES LLC retains the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of by STANKYVAPES LLC of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of STANKYVAPES LLC to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.