VandaliaMist.com Terms and Conditions
Terms and Conditions
ALL — USERS ARE ENCOURAGED TO READ THE FOLLOWING TERMS AND CONDITIONS OF — USE CAREFULLY BEFORE USING
OUR WEBSITE. All users agree that access to and use of this website are subject to the following terms and conditions
and other applicable law. All who disagree with our terms and conditions of use are encouraged not to use our website.
The entire content included on Vandalia Mists’ website, including but not limited to text, graphics, videos and code is
copyrighted as a collective work under the United States and other copyright laws, and is the sole property of Vandalia
Mist. Permission to electronically copy and print copies of portions of our website for the
sole purpose of placing an order with Vandalia Mist is granted. Vandalia Mist also grants permission for users to 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 individual, non-commercial use, or to place an order with
Vandalia Mist. Any other use, including but not limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless specifically authorized by Vandalia Mist. It is further agreed that users
shall not change or delete and proprietary notices from any item downloaded from our website.
Vandalia Mist has registered all trademarks, service marks and trade names utilized on our website.
There is no warranty of the material and products visible on our website. All items are sold “as is” and without
warranties, both expresses or implied. Vandalia Mist makes no representation or warranty regarding the use of materials
on our website in terms of accuracy, adequacy, correctness, reliability, timeliness or usefulness. All warranties of
merchantability and fitness for any particular purpose are disclaimed by Vandalia Mist. Further, we do not warrant the
functions of the website to be error-free, virus free, uninterrupted, defect-free, that any errors, viruses or defects will be
corrected, or that the website and/or server are free of other harmful components. Because some states do not permit
limitations or exclusions on warranties, the above statements may not be applicable.
Limitation of Liability
Vandalia Mist shall not be liable for any consequence or damage that results from the use or inability to use our website,
products and/or materials whether the possibility of such damages has been alleged and/or is acknowledged. Laws
which disallow limitations of exclusion of liability or consequential damages may apply.
Vandalia Mist reserves the right to refuse or cancel any orders placed for products mistakenly listed at an incorrect price.
Should the cancellation of any such orders occur after credit card charges have been incurred, Vandalia shall issue a
credit to that credit card in the amount of the incorrect charge.
Access of our website and/or completion of the registration and/or shopping process automatically grants consent and
signifies acceptance of our terms and conditions. Vandalia Mist reserves the right to make changes or terminate our
terms and conditions without notice at any time, for any reason. All provisions of Copyrights, Trademarks, Disclaimers,
Limitations of Liability, Indemnification and Miscellaneous survive any termination.
Vandalia Mists may provide notice via email, the Unites States Postal Service, our website or any other reliable method.
Use of our website shall be governed in all respects by the laws of the state of West Virginia and the United States of
America. The 1980 U.N. Convention on contracts for the international sale of goods and choice law provisions shall have
no jurisdiction. Use of our website further indicates the user’s agreement that jurisdiction over and venue in any legal
proceedings arising out of or relating to our website, including but not limited to the purchase of our e-liquids and other
products, directly or indirectly, shall be in the state or federal courts of Kanawha County, West Virginia. Any cause of
action or legal claim with respect to our website, our products and/or accessories must commence within one (1) year
after the claim or cause of action arises. Should Vandalia Mist fail to insist upon or enforce strict performance of any
details or provisions of these terms and conditions shall not be construed as a waiver of any provision or right. Terms and
conditions shall not be modified by course of conduct between the parties nor trade practices. Further, Vandalia Mist
reserves the right to assign its rights and duties under this Agreement to any party at any time without notice.
Use of Site
Use of obscene or abusive language and/or any form of harassment is forbidden on our website. This includes e-mail,
chat and any other manner of communication. Impersonation of other clients, Vandalia Mist employees, representatives
or hosts, as well as other visitors to the website is prohibited. Distribution (through an upload or other means) or
publication of any content through our website which is abusive, illegal, libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights or otherwise objectionable manner may result in a criminal offense, violate the
rights of any party or give rise to liability or violate any law. Uploading commercial content onto our website to solicit
others to join or participate in any other commercial online organization or service is prohibited.
Vandalia Mist does not and cannot review all materials posted to, created by, or communicated by users of our
website; and is not responsible for the content of such communications in any way. Vandalia Mist acts as a conduit
for the distribution of user-generated content on our site and is not undertaking any obligation or liability relating
to any communications or activities on our website. Vandalia Mist reserves the right to block or remover any and all
communications we determine to be abusive, defamatory or obscene; fraudulent, deceptive or misleading; offensive or
otherwise unacceptable to Vandalia Mist at our sole discretion.
In the event of any violation of these term 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, the user agrees to
indemnify, defend and hold harmless Vandalia Mist, its officers, directors, owners, employees, agents, licensors and
suppliers from and against all losses, expenses, damages and costs. This includes reasonable attorneys’ fees.
Vandalia Mist may link to websites operated by third parties in an attempt to provide increased value to our visitors.
Even if any of these websites are affiliated with Vandalia Mist, we have no control over these linked websites. Each has
users accept all risks associated with the sites. Vandalia Mist welcomes feedback on any links, especially if it fails to work
properly, in order to protect the integrity of our website.
Selling age-restricted products via the internet presents particular issues for e-liquid retailers.
It is our responsibility to ensure we don’t sell our products to minors (those under 18, generally, and those under 21 in California).
In order to prevent sales to minors and exercise all due diligence, all customers, regardless of age, are to upload a photo (selfie) of themselves holding their current photo ID so that it is clearly legible prior to purchase. The information provided by the photo allows us to compare the person with the photo, compare the name and address on the order with the information on the ID, and, lastly, check the birth date.
While this is a time consuming process, it is necessary to comply with all state and federal regulations regarding the sale of e-liquids. To speed up your checkout, you may wish to save your selfie for faster upload. Any change in address or expired ID will necessitate a new photo be supplied at the time of your purchase.
Should there be a question or a system failure when reviewing your information for age verification, we will use the contact information on your order to get in touch via email or telephone. Any orders which remain un-verified for three business days will be cancelled and refunded.