LOGICVAPES.CA TERMS AND CONDITIONS OF SALE - EFFECTIVE FEBRUARY 28TH, 2020
1. ABOUT US AND OUR WEBSITE
1.1. Who we are. This website (and any associated microsites) is owned and operated by JTI Canada Tech Inc. ("JTI Tech", “us”, “we”, “our”) whose registered office address is 1 Robert Speck Parkway, Suite 1601, Mississauga, Ontario L4Z 0A2, Canada.
1.2. How to contact us. Making contact with us is easy. If you wish to make an enquiry, we recommend contacting our customer services team who are available 5 days a week. They can be contacted by email and phone as follows:
Opening hours: 9 a.m. to 5:15 p.m. Eastern Time (Monday – Friday)
2. LEGAL AGE REQUIREMENT
2.1. You may only purchase products from our website if you are at least 19 years old and are of legal age to purchase vaping products in your province of residence. If you are under 19 years old or the legal age, you must not attempt to order any products from our website.
3. HOW TO PLACE AN ORDER WITH US
3.1. Once your age has been verified, placing an order with us is a simple process and you can do so by simply selecting the products you wish to purchase on our website, click ‘Buy now', ‘Add to cart’ and ‘checkout’. You will be required to either create an account or login to your existing account before purchasing. Once logged in (and age verified), you may then select your delivery method, and enter payment details to complete the order. Clicking ‘continue’ on the ‘payment method’ page will complete your order. If you wish to order more than one product then simply click 'Continue Shopping' and add any other products you want to your basket.
4. OUR CONTRACT WITH YOU
4.2. How we will accept your order. Completion of your order is subject to product availability and our acceptance of your order will take place when we email you confirming our acceptance, at which point a contract will come into existence between you and us. Before submitting an order, you will be given the opportunity to correct or amend any errors. Once you submit an order, it represents a purchase offer to us, which we will accept or decline.
4.3. Order Confirmation. When we have accepted your order, we will provide your order confirmation by email. We will also enclose a copy of your order confirmation with your product on delivery. We recommend keeping your order confirmation in a safe place in case you have any queries. Please ensure you have entered a valid email address so we can promptly provide you with your order confirmation.
4.4. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.5. If we cannot accept your order. If we are unable to accept your order or part of your order, we will inform you of this and we will not charge you for the order or part of the order. This might be because the product is out of stock, because you failed the age verification process, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. We may contact you and propose that we supply you with substitute products of similar quality and function.
4.6. Method of Payment. To place an order on our website, you must be the holder of a valid credit card. By providing the credit card details, you represent and warrant that you are the authorized cardholder. You also authorize us to charge the purchase price of your order to your credit card. If your card is rejected by the card issuer, your order will not be shipped and we will have no obligation to fulfill your order.
4.7. Where we sell. Our website is solely for the sale of our products in Canada excluding the provinces of Quebec, Nova Scotia, Prince Edward Island and the territories of Northwest Territories, Nunavut and Yukon (“Service Areas”). We do not accept orders from OR deliver to addresses outside the Service Areas.
5. OUR PRODUCTS
5.1. Products may vary slightly from their pictures. The images of the products on our website are illustrative only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products.
5.2. Product packaging may vary. The packaging of the product may vary from what is shown in the images on our website. Please ensure that you read the product description on the website before placing an order.
5.3. Warranty. We offer a limited warranty on some of our products. Please see our Limited Warranty for more details.
5.4. Minor changes to the products. We may change the product:
(i) to reflect changes in relevant laws and regulatory requirements to, for instance, the way electronic cigarettes are sold; and
(ii) to implement minor technical adjustments and improvements to enhance your experience of our product.
6.1. Prices of the products will be as shown on our website. All of our prices are shown in Canadian Dollars (CAD) and exclude applicable taxes (GST/PST/HST). By submitting your order at the end of the checkout process, you agree to pay us the amount set out as the Total. The Total is quoted in Canadian dollars and includes delivery fees and an estimate of all applicable taxes based on the total value of your order. If the rate of applicable taxes changes between the date of your order and the date of our confirmation of your order, we may decline and refund your order. You may place a new order on our website and the updated tax rate will be applied to your new order.
6.2. Changes to our prices. From time to time we change the prices of our products and any offers, discounts or promotions may be withdrawn. This will not affect the status of confirmed orders and you will only pay the price contained in your order confirmation. If the price of an unconfirmed order changes, we will let you know and give you the option of cancelling the order.
6.3. Delivery charges. Unless otherwise stated in your order confirmation, the price of a product on our website does not include delivery charges. Delivery charges are quoted based on the destination and will be provided during the checkout process.
6.4. Price Errors. It is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(i) Where the product's correct price is less than the price stated on our website, we will charge the lower amount when dispatching the products to you or apply a credit to your online account; and
(ii) If the product's correct price is higher than the price stated on website, we do not have to provide the products to you at the incorrect (lower) price. In this instance, we will contact you as soon as possible to inform you of this error. You will then have the option to cancel the order and receive a full refund if you have already paid the price to us or to continue to purchase the product at the correct (higher) price. We will not process your order until we have your instructions. If we are unable to contact you within a reasonable time using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
7. DELIVERY AND RETURNS
7.1. Delivery costs. The costs of delivery will be as displayed to you on our website during the checkout process.
7.2. When we will deliver the products. The estimated shipping date range will be displayed to you on our website. Please note that the dates displayed are estimates only.
7.3. How we will deliver your products. We dispatch all orders via Canada Post’s Parcel Services, or equivalent (none of which are guaranteed next day delivery). Proof of Age is required for all vaping product deliveries, and you are required to present upon delivery a valid government-issued ID to confirm that you are at least 19 years old and are of legal age to purchase vaping products in your province of residence.
7.4. We are not responsible for delays outside our control. If our supply of your products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.
7.5. When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us. Please inspect your products on delivery and promptly report any problems with your products to our customer services team.
7.6. Undelivered products. Please allow 14 days for delivery (from the date of placing your order) before reporting your order as undelivered. Most products are available for delivery within 14 days of your order. If we are unable to process your order within this time, we will contact you to let you know and give you a revised delivery date.
7.7. Return of non-faulty/undamaged products. We accept returns of unopened products within 14 days from the date of delivery. Please contact us to initiate a return. See “How to Contact Us” under Clause 1.2 above.
8. IF THERE IS A PROBLEM WITH THE PRODUCT OR DELIVERY
8.1. Faulty/damaged products. We will refund, repair or replace faulty or damaged products as follows:
(i) Within 30 days of delivery:
If you believe that your product is faulty or damaged and this is subsequently confirmed by us after a reasonable examination, then you will be eligible to request a refund. If you do not request a refund, we will either repair your product or offer a like-for-like replacement free of charge.
(ii) More than 30 days after delivery:
The Logic Compact Electronic Cigarette (“Logic Compact” or “device”) comes with a one (1) year limited warranty from the date of purchase. If you believe that your device is faulty, you may be eligible to request a repair or replacement. Please refer to Limited Warranty for details.
8.2. How to tell us about problems. If you have any questions or complaints about the product or delivery, please contact us. You can telephone our customer service team. See “How to Contact Us” under Clause 1.2 above.
8.3. How to return a product. Please contact us. See “How to Contact Us” under Clause 1.2 above to initiate a return.
8.4. Costs of repair or replacement of faulty products. Any costs associated with repair or replacement of faulty products will be borne by us. This will include the cost of return delivery of the product to us or to our chosen third party repairer.
8.5. Fault examination. We may ask for independent third party confirmation of any faults.
8.6. Normal wear and tear or damage caused by misuse. Products with faults due to normal wear and tear or damage caused by misuse will not be repaired or replaced free of charge and no refunds will be given.
8.7. Refunds. Refunds and partial refunds will normally be refunded to the same account debited during purchase. Refunds (and partial refunds) will ordinarily be processed within 14 days of the date that we agree a refund will be given.
PLEASE NOTE: refunds generally take around 7 working days to clear from the point of processing, although timings may vary depending on your bank provider.
9. OUR LIABILITY
9.1. We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.2. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR SOME OF THE FOLLOWING LIMITATIONS MAY NOT APPLY TO YOU. To the fullest extent permitted by law, in no event will JTI Tech be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) to you including for damages arising in connection with or relating in any manner whatsoever to: (A) our website; (B) any content, information or goods accessed, offered, purchased or sold through our website or their use, suitability or availability (including the inability to use); (C) any transaction conducted on our website; and (D) any unauthorized access to or alteration of your data. If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of JTI Tech for damages of any nature suffered by you shall in no event exceed the purchase price of your transaction. The above exclusion and limitation of liability shall apply whether or not a claim is in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law.
10. EVENTS OUTSIDE OUR CONTROL
10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by an event outside our control for example strikes, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.2. If we are unable to perform our obligations to you as a result of any event outside our control we will contact you as soon as reasonably possible and our obligations to you shall be suspended for the duration of the event outside our control. If this affects our delivery of products to you, we will arrange a new delivery date with you as soon as we are able to confirm this.
11. HOW WE USE YOUR PERSONAL INFORMATION
12. ABOUT THESE TERMS AND CONDITIONS
12.1. When these Terms and Conditions start to apply. These Terms and Conditions came into force on February 28th, 2020 and apply to all orders made on or after midnight on that date.
12.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organization.
12.3. You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.
12.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
12.6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.7. Amendments to these Terms and Conditions. As we may occasionally amend these Terms and Conditions you should check them each time you wish to place an order to ensure you understand the Terms and Conditions that will apply to that order.
12.8. Governing Law. The validity, interpretation, construction, and performance of these Terms and Conditions shall be governed by the laws of the province of Ontario.
12.9. Where you may bring legal proceedings. Any claim, action or dispute arising out of or in connection with these Terms and Conditions shall be instituted exclusively before a competent court of law located in the legal district of Toronto, Province of Ontario, Canada.