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Terms & Conditions

METROVAPESHOP.CA makes no claims that the electronic cigarette will cure a smoker's addiction to nicotine; the electronic cigarettes we sell serve the same purpose as a tobacco cigarette - they deliver its user nicotine. If you do suffer from the disease of Tobacco/Nicotine Dependence Syndrome and want to take steps to give up smoking or cut down the quantity of cigarettes you currently smoke, we recommend you visit your health care provider to discuss NRT (Nicotine Replacement Therapy) or a nicotine harm reduction program.

Please Note: We are not a pharmaceutical company and we do not produce medical products. 

Terms and Conditions

Definitions

Buyer means the individual or organization that buys or agrees to buy the Goods from the Seller.

Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.

Goods means the articles that the Buyer agrees to buy from the Seller.

Seller means METROVAPESHOP.CA 203 ST GEORGE ST, MONCTON, NB, E1C1V6

Buyer means The Customer who places an order, via the website, telephone or by letter.

Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.

Conditions

Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. Any complaints should be addressed to the Seller's address at METROVAPESHOP.CA 203 ST GEORGE ST, MONCTON, NB, E1C1V6

Ordering

All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process Section.

Age of Consent

Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.

If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

Price and Payment

The price of the Goods shall be that which is stipulated on the Website.

The total purchase price, including sales tax and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel

Payment of the price plus tax (if applicable) and delivery charges must be made in full before dispatch of the Goods.   

The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.  The accuracy of the address is the Buyer's responsibility.

Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods. 

Right of Seller

The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

The Seller reserves the right to withdraw any goods from the Website at any time.

The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.  

Cancellation and return

The Consumer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 working days of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Consumer fails to do so the Consumer shall be deemed to have accepted the Goods. As the product is an oral product once used it cannot be returned, unless faulty. Once payment has been received, the order may not be cancelled by the Buyer. The accuracy of the address is the Buyer's responsibility. Once shipped if returned unopened, the Consumer will be responsible for both the outbound and return shipping costs plus any restocking fee deemed necessary, up to a maximum of 10% of the purchase price.

Warranty 

Metro Vape Shop offers a 30 day return period for unused items, upon which the purchaser may receive store credit. Rreturn shipping will be at the expense of the Buyer.

The warranty period for defective products is 30 days from the date of sale. Warranty products will be exchanged for an equivalent product or store credit.

All items returned, including for warranty, must be in like-new condition, have store receipt, and the associated packaging, including serial number and security codes.

Products that are covered under our warranty:

  • Mods and Starter Kits

  • External Battery Chargers

Products that are not covered under our warranty:

Due to the nature of the industry, hygienic, and safety issues, we do not accept warranty claims for the prescribed items.

  • Clearomizers and Tanks (cannot be returned for hygiene reasons)

  • Coils (once opened for hygiene reasons)

  • External Batteries (18650, 26650)

  • Atomizers

  • Drip Tips

  • USB Chargers & AC Adapters

  • Cases

  • Replacement Glass

  • E-Liquid (once opened for hygiene reasons)

  • User Error (Liquid damage, Physical damage, or Misuse)

  • All sales items (There will be no warranty on any sale or discounted items as these transactions are final)

Any replacement parts are warranted from the date of delivery of the original order.

After the 30 day warranty period, please contact the manufacturer directly for any further warranty claims.

 

Limitation of liability

Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

Waiver

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

Force Majeure

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

Changes To Terms

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.