Terms and Conditions
Please read carefully over the following terms and conditions of use carefully before accessing and using our website. By using this site, you represent and warrant that you are at least 18 years of age or of the legal age of your state or county, and that the use of electronic cigarettes is legal for use and consumption in the jurisdiction in which you receive any and all products. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
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, Upstate Vape disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Upstate Vape does 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. Upstate Vape does 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.
Upstate Vape will not share your information with any 3rd parties without your permission with the exceptions of age verification and payment processing.
All products are shipped via USPS. All shipping times given in the shopping cart are not guaranteed by Upstate Vape or USPS. They are estimated figures. Upstate Vape will not be held liable for shipments that take longer than quoted. As always we will strive to ship all orders the same day they are placed, but we cannot control weather and/or the shipping companies.
Returns, Exchanges, and Warranty Period
E-liquid Policy: Upstate Vape is unable to offer any returns, refunds, and/or exchanges with regard to e-liquids. All sales of e-liquid are final.
Upstate Vape will not accept refunds for any product that has already shipped.
Upstate Vape has sole discretion as to whether or not to honor returns and/or exchanges for said product(s). If deemed valid, Upstate Vape will endeavor to provide you with a suitable replacement for your defective product (a suitable replacement is defined as a product of the same brand and type. Always contact us at upstatevape.com or call us at (585) 267-7120 before sending any product back for warranty/exchange consideration.
Limitation of Liability/Purchase Policy
Upstate Vape shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Upstate Vape has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. By purchasing products from Upstate Vape you certify and agree that you are at least 18 years of age (or of the legal age for use and consumption of electronic cigarettes in your area), and that products purchased from Upstate Vape are to be solely used by persons of at least 18 years of age (or of the legal age for use and consumption of electronic cigarettes in your area). You further agree and understand that no claims, either positive or negative, are implied or expressed by Upstate Vape of a medicinal or therapeutic nature. Upstate Vape cannot and will not be held liable for misuse of any products sold, nor any personal and/or property damage, illness, injury or financial loss caused by the use of any/all products (or the inability to use therof), purchased from Upstate Vape. You understand that products sold by Upstate Vape have not been reviewed by the FDA and are not intended to treat, diagnose, prevent and/or cure any disease. Any opinions and/or comments posted by visitors or customers are solely the opinion of those visitors/customers and do not represent the opinion of Upstate Vape.
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 Upstate Vape without notice at any time, for any reason. The provisions relating to Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
You agree to indemnify, defend, and hold harmless Upstate Vape, its officers, directors, employees, agents, licencors 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.
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 Upstate Vape 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.
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 Upstate Vape products) shall be in the state or federal courts located in Rochester, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Upstate Vape products) must be commenced within one (1) year after the claim or cause of action arises. Upstate Vape’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. Upstate Vape may assign its rights and duties under this Agreement to any party at any time without notice to you.
In the event that a Upstate Vape product is mistakenly listed at an incorrect price, Upstate Vape reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Upstate Vape reserves 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, Upstate Vape shall issue a credit to your credit card account in the amount of the incorrect price.