TERMS and CONDITIONS of PURCHASE and USE
WHOLESALE AND BULK Buying Terms and Conditions
Resellers, Distributors, Retail Stores, Re-manufacturers
PLEASE READ EVERYTHING CAREFULLY - IT PERTAINS TO YOU AND YOUR BUSINESS
[INTERNATIONAL CUSTOMERS AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AS WELL AS ALL TERMS AND CONDITIONS AT THIS LINK > http://www.ecblendflavors.com/international-shipments/]
Purchasing products from ECBlend are subject to our standard TERMS AND CONDITIONS (LOCATED BELOW THESE TERMS) and this agreement are a part of the Entire Agreement.
3. WHOLESALE AND BULK BUYING PURCHASE AND USE (This Document)
4. Purchasing Agents/Buyers are subject to our Age Verification Policies and Procedures
(This information is available on approval of your application, if you do not agree with its requirements, please do not order.)
THE "GENERAL TERMS AND GUIDELINES" DOCUMENT AND THE "WHOLESALE TERMS AND CONDITIONS" DOCUMENT is in ADDITION to our TERMS AND CONDITIONS STATED HERE AND BELOW AND YOU ARE AGREEING TO ALL FOUR (4) Terms, Conditions and Guidelines (ABOVE, Numbers 1 through 4) on EVERY product you order.
If you do not agree with any of the conditions in either document, please do not order.
Additional Terms and Conditions for WHOLESALE AND BULK BUYING Products:
You agree to abide by all applicable international, federal, state and local laws and regulations relating to e-liquid use.
You agree to keep ECBlend E-Liquid products behind a display counter or other method of keeping access from minors.
Re-Sellers must take steps to ensure that the buyer is at least 21 (or 18 depending on your country, 21 in the United States) years old.- Buyers and sellers are responsible for ensuring that any transaction involving e-liquid complies with all applicable laws and shipping regulations.
REPACKAGING: You agree that if you repackage ECBlend's E-Liquid products, labels will list all ingredients listed as required by law, will contain the warning "NICOTINE RISK WARNING - KEEP OUT OF REACH OF CHILDREN", and "READ ALL WARNINGS THAT COME WITH THIS PRODUCT", indicate nicotine strength, base mix, content volume, and date prepared or expired. REFER TO: https://www.ecblendflavorshop.com/Wholesale_Information/ECBlendWholesaleInformationTermsandGuidelines.pdf for specific guidelines on Health Warnings, FDA Required Warnings, Advertisements, and Statements of product sales.
Wholesaler agrees that ECBlend has no control over the product once it is delivered to the shipping carrier. Wholesaler-distributors that modify, repackage or re-label products assume product liability and agree to carry separate liability insurance. Modification of the product may include any modification of instructions or warranties. ECBlend does not name wholesalers, resellers, or distributors as additional insured.
You are responsible to follow all proper labeling as REQUIRED by law. Insurance does not generally cover 'A failure to warn' (this could be something as simple as a missing label).
HEALTH WARNINGS: IMPORTANT: Please follow all Terms and Conditions during Packaging. Including but NOT limited to: Nicotine WARNINGS. Nicotine is a poison. Spilling a 5 ml bottle of it even in its diluted form can be hazardous or dangerous if not washed off in a timely manner. Nicotine warnings must be CLEARLY marked on any bottles you repackage. The statement KEEP OUT OF REACH OF CHILDREN must be clearly marked on all bottles. If you have any questions about this, please email us at INFO@ECBLEND.COM or call 541-393-9840, ECBlend's compliance officer.
CURRENCIES AND FREE SHIPPING OPTIONS All pricing is in USD only and Free Shipping when offered is for the United States only. Free Shipping, when applicable and selected, applies to ground shipping only.
International and air shipping are excluded from this offer.
LIMITATION OF LIABILITY Information accessible on this Site is for information purposes only and is not intended to be a substitute for professional medical advice. ECBlend does not warrant the validity of any health-related statements contained on the Site or any such information contained in third party sites referenced in the Site. You should always consult with your physician prior to using any nicotine product. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
ECBlend 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 ECBlend 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.
WARNINGS Do not use E-Liquid products until you have read the following agreement. You agree you have read the following warnings and the warnings posted on our website: You must be over 18 (21+ if in the United States) to purchase from ECBlend.
You agree to use products at your own risk.
Electronic cigarettes have NOT been evaluated by the FDA to treat or diagnose any disease or condition. They are not intended for use in smoking cessation or for any therapeutic use.
Some of our E-Liquid (aka E-Juice) blends contain Propylene Glycol (PG) has been associated with irritant and allergic reactions. CONSULT YOUR physician before using any product with Propylene Glycol. We do offer a substitute that is Vegetable Glycerin (VG). For more information, contact us.
ECBlend make NO CLAIMS regarding the effectiveness of our products for ANY uses.
ECBlend products are intended to be used ONLY by consenting, informed ADULTS OVER THE AGE OF 18 (21+ if in the United States) who want to use these products for personal enjoyment..
Nicotine is a poison. Nicotine is EXTREMELY addictive.
Electronic cigarettes have NOT been evaluated for use in quitting smoking.
Nicotine is highly addictive and habit forming. Keep out of reach of children. Some of our products contains Nicotine, a chemical known in some states to cause birth defects or other reproductive harm.
HEALTH NOTICE: This product is intended for use by persons 18 (21+ if in the United States) or older, and not by children, women who are pregnant or breast feeding, or persons with or at risk of heart disease, high blood pressure, diabetes, or taking medicine for depression or asthma. If you have a demonstrated allergy or sensitivity to nicotine or any combination of inhalants,
Consult your physician before using any nicotine product. This product is sold purely for recreational purposes - it is not a smoking cessation product and has not been tested as such.
You must be over the legal age in your state to buy or use this product. We do not believe anyone under the age of 18 (21+ if in the United States) should have access to nicotine or nicotine products.
YOUR ACCOUNT ECBlend reserves the right to refuse and close an account for any reason. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ECBlend only sells to smoking adults, 21 years or older, who own and can purchase with a credit card. If you are under 21, ECBlend.com and its affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.
ORDERING Your order is subject to acceptance by ECBlend and may be refused for any reason, including credit concerns, restricted product, unusual volumes, or shipping addresses. Once accepted, ECBlend may make partial shipments if some items are on backorder. By placing the order, you agree that ECBlend may do so and charge you for any items shipped.
Resellers - Materials Authorization Authorized Re-sellers of ECBlend E-Liquids, if you are an approved and authorized re-seller, wholesaler, or distributor of ECBlend products, whether under the Brand of ECBlend or under our re-seller brands or private label brands, or a reseller through one of our distributor networks:
- Materials: ECBlend resellers are authorized to use product images, posters, advertising materials including product descriptions from ECBlend or E-Liquid Gold website or marketing materials subject to the following conditions:
- Associated Materials may only be used to market products manufactured by ECBlend. This includes all products manufactured by ECBlend under any of it's brands or under resellers private label.
- Materials may not be altered except: Private label customers may remove our branding and replace with the branding of their private label. Branding must match the resellers private label.
- Posters and other advertising materials are available free in ECBlend and E-Liquid Gold brands on our reseller website. Unbranded posters are available for an extra cost.
- ECBlend may request Materials be removed or changed at its discretion.
- If reseller is no longer purchasing from ECBlend, this authorized is no longer valid.
- This authorization becomes a part of, and reseller agrees to abide by the terms and conditions on its websites.
SHIPPING ECBlend will ship products according to your selected shipping instructions. ECBlend will attempt to ship the products within the estimated times reflected on your order but will not be liable for any failure to do so. Shipping charges are non-refundable.
INTERNATIONAL CUSTOMERS ECBlend website page INTERNATIONAL SHIPMENTS (http://www.ecblendflavors.com/international-shipments/) becomes a part of this agreement.
CANCELLATION Orders may not be canceled that have already been processed.
RETURNS & WARRANTY: All products are sold without warranty of any kind and purchasers will, by their own tests, determine suitability of such products for their own use. NO CLAIMS FOR LOSS, DAMAGE OR LEAKAGE ALLOWED AFTER DELIVERY IS MADE IN GOOD CONDITION TO CARRIER, WAREHOUSE OR ECBLEND.
INDEMNIFICATION You agree to defend, indemnify, and hold harmless ECBlend, its advertisers, licencors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. ECBlend reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with ECBlend in asserting any available defenses.
LEGAL COMPLIANCE ECBlend may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, ECBlend may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and ECBlend shall not be liable for damages or results thereof and User agrees not to bring any action or claim against ECBlend for such disclosure.
CHOICE OF LAW AND FORUM
ECBLEND is located in Medford, OR USA.
This site (excluding third party linked sites) is controlled by ECBlend from its offices within the State of Oregon, U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Oregon, by accessing this site, both you and ECBlend agree that the statues and laws of the Oregon shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and ECBlend also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Oregon and any legal proceedings shall be conducted in English.
ECBlend makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
TRADEMARKS All trademarks, service marks and trade names of ECBlend used in the site are trademarks or registered trademarks of ECBlend. ECBLEND RESERVED WORDS may NOT be used in Create Your Own Products, Private Label Exclusive naming products, Private Label Distribution Names or Private Label Logo: Branding reserved words: The word "Dragon" in any part, ECBlend, E-Liquid Gold, Liquid Gold, any copyrighted name of another company or ECBlend Flavors.
WARRANTY DISCLAIMER 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, ECBlend disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ECBlend 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. ECBlend 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.
PRICES SUBJECT TO CHANGE AND TYPOGRAPHICAL ERRORS All store prices are subject to change without notice. In the event that a ECBlend product is mistakenly listed at an incorrect price, ECBlend reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ECBlend 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, ECBlend shall issue a credit to your credit card account in the amount of the incorrect price.
TERM; TERMINATION 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 ECBlend without notice at any time, for any reason. The provisions relating to Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE ECBlend may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ECBlend.
MISCELLANEOUS Your use of this site shall be governed in all respects by the laws of the state of Oregon, 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 ECBlend products) shall be in the state or federal courts located in Jackson County, Oregon. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ECBlend products) must be commenced within one (1) year after the claim or cause of action arises. ECBlend'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. ECBlend may assign its rights and duties under this Agreement to any party at any time without notice to you.
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 ECBlend 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.
PARTICIPATION DISCLAIMER ECBlend does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ECBlend is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ECBlend reserves the right to block or remove communications or materials that it determines to be (a)abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c)in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ECBlend in its sole discretion.
THIRD-PARTY LINKS In an attempt to provide increased value to our visitors, ECBlend may link to sites operated by third parties. However, even if the third party is affiliated with ECBlend, ECBlend has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ECBlend. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ECBlend seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).