DBA Name: California Honey Company

Terms of Service

 Effective Date: 1-01-2023

 

1. General Statement / Website Term Of Use

 

The www.californiahoneyvapes.com website, and all related content, mobile applications (if applicable), and associated services (collectively the "Website"), is a service owned and operated by California Honey Company. (“California Honey ," "us" or "we"). California Honey has adopted these Terms and Conditions to inform you of your rights and obligations when using the Website and/or when purchasing any California Honey products or goods ("Products") ("Terms and Conditions" or "Terms"). Your use of this Website, and/or your purchase of any Products, constitutes your agreement and manifestation of your assent to the following Terms and Conditions. If you do not agree to these Terms and Conditions you may not use the Website or purchase our Products. California Honey may, and reserves the right to, from time to time modify, limit, change, discontinue, or replace the Website and these Terms and Conditions at any time. In the event California Honey modifies, limits, changes, or replaces the Website or these Terms and Conditions, your continued use thereafter constitutes your agreement to such modification, limitation, change, or replacement.

 

It is your responsibility to review these Terms and Conditions on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements.
California Honey limits purchase of its product via its Website to individuals who are 21 years of age or older. You warrant and agree that you are at least 21 years of age. It is your responsibility to check and understand the local laws in your jurisdiction regarding the legal purchasing age in order to purchase from or access our Website. California Honey does not warrant or guarantee that compliance with these Terms and Conditions will be sufficient to comply with your obligations under applicable laws where you reside or where you use the Website. Please read these Terms and Conditions carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

 

1. Eligibility, Safety Acknowledgment, And Registration For a California Honey Account

 

This is a contract between you and California Honey. You must read and agree to these Terms and Conditions before using the Website. If you do not agree, you may not use the Website to register for an account. You may use the Website only if you can form a binding contract with California Honey, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use of an account via the Website by anyone under 21 years of age is strictly prohibited and in violation of these Terms.

 

Our Website contains age-regulated products, which include minimum purchasing and usage age requirements. We take the prevention of underage use very seriously. California honey vape products and all other nicotine products should never be used by anyone under the legal purchasing age. An age verification check will occur during the registration process in order to confirm that you are of legal purchasing age. Only persons 21 years of age and older that have been age verified can purchase products and participate in any promotions or offers from the Website. Due to age-restriction laws and regulations, we may use your provided information to conduct age-verification for your purchases and may deny or cancel your purchases due to such regulations.

 

Additionally, no tobacco-based or nicotine e-liquid product should be considered safe. We encourage consumers to do their own research regarding vapor products and what is right for them. If you have any health concerns about use of California Honey products or any other nicotine delivery or tobacco product, we recommend that you consult with your physician. Inhalation of vapor from California Honey products may trigger reactions such as cough, as well as aggravate pre-existing respiratory or heart conditions.

 

Additionally, ingestion of nicotine, at any level, may cause other conditions (such as an increase in your heart rate and blood pressure, dizziness, nausea, and stomach pain). California Honey products are designed for adult smokers to transition away from combustible cigarettes. If you do not currently use nicotine containing products, we recommend that you do not start. CALIFORNIA PROPOSITION 65 WARNING: This product contains chemicals known to the state of California to cause cancer and birth defects or other reproductive harm. WARNING: Contains nicotine, which is an addictive chemical and can be poisonous. Avoid contact with skin and eyes. Do not drink. Keep out of reach of children and pets. In case of accidental contact, seek medical help.

 

In order to purchase from the Website you must complete the registration process to obtain a user account. You will be required to provide your name, address, email address, phone number, verification of your phone number, and date of birth. You may be further required to provide the last four digits of your Social Security Number, a photograph of a valid government issued ID, and possibly a photograph of yourself. You must provide complete and accurate information about yourself during the registration process and you have an ongoing obligation to update this information if and when it changes. We will handle your information consistent with our Privacy Policy, which is incorporated into these Terms and Conditions by reference. When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact california honey immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless California Honey from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account you affirm that you will follow the Terms and Conditions of this Website and you're registration constitutes your consent to enter into agreements with us electronically.

 

1. Termination Of Account

 

We reserve the right to restrict access to, suspend, disable, terminate, and/or delete your account for any reason that we deem necessary, or for no reason. In the event your account is suspended, disabled, terminated, or deleted, your only option is to request reinstatement of your account by contacting the California Honey Support Team at californiahoneyvapes@gmail.com. You may not open alternate accounts.

 

1. Electronic Communication – www.californiahoneyvapes.com Account Specific

 

With the creation of an account, you agree that we may send to you electronic notices or other communication regarding California Honey and this Website. These types of electronic communications will be sent to the email address that was provided during registration and/or the email address associated with your account. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. You can stop receiving these notices and communications at any time with the deactivation of your account.

 

1. Electronic Communication – Marketing Communication

 

By completing the registration process on the Website and providing your email address, you are representing you are of legal age to receive California Honey Newsletter and will receive electronic communications and exclusive offers. These exclusive offers may be unavailable depending on your state and local regulations or other restrictions. All offers are Void Where Prohibited. California Honey Products material are not intended to imply that the Products have been approved by the Food and Drug Administration or that the Food and Drug Administration has deemed this Product to be safe for use by consumers. This Product is not intended to diagnose, treat, cure, or prevent any disease, including the treatment of nicotine addiction and/or dependence. The email address provided will be used solely by California Honey and will not be sold to, shared with, or otherwise disclosed to other parties, except as permitted under our Privacy Policy. You can choose to stop receiving these offers at any time by filling out an unsubscribe request, using the unsubscribe option on communications or contacting us using the contact information on the Website.

 

1. Communications With California Honey

 

Customers and visitors are encouraged to forward comments or other communications to California Honey www.californiahoneyvapes.com or via email. You agree that you will not transmit content to California Honey that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You agree that you will not use a false email address, impersonate a third party person or entity, or otherwise mislead California Honey as to the origin of a communication. Communications violating the restrictions of this paragraph shall constitute a violation of these Terms and Conditions, and may result in the termination of your account at the sole discretion of California Honey.

 

Any material or communication transmitted by you to this Website will not be treated as confidential as described in the California Honey. By submitting any content to us through the Website, you grant us a non¬exclusive, irrevocable, royalty free, worldwide, and perpetual license to use that content for any purposes, including, without limitation, a license to reproduce, prepare derivative works, distribute, perform publicly, transmit, broadcast, and display the content. Any ideas, concepts, or other materials transmitted by you to California Honey may be used in any manner, including reproduction, transmission, publication or broadcast without compensation. We have the right, at our sole discretion, to edit or refuse to post content submitted by you. The provisions of this paragraph will survive the termination of these Terms and Conditions and for the maximum period permitted under applicable law.

 

1. Payment

 

You agree to pay for all purchase orders you place through the Website.

 

Except where noted otherwise, the prices displayed for California Honey Products represent the full retail price listed on the product itself. All prices are quoted and payable in U.S. dollars, regardless of where an order is placed or shipped. Foreign exchange rates apply and may depend on the date your order was placed.

 

Your purchases may also be subject to sales tax, VAT, or other taxes or duties at the point of sale where applicable. Payment of taxes and duties due are your responsibility unless such sales taxes or duties are collected by california honey at the time of your purchase, in which case California Honey will submit your taxes and/or duties to the appropriate authority on your behalf. California Honey shall not be responsible for failure to pay taxes or duties you owe, unless California Honey has collected such taxes or duties at the time of the purchase.

 

In the event that you dispute the amount or validity of any payments made to California Honey through this Website, you must notify California Honey in writing, within ten (10) days of payment, of any such dispute by mail at the address listed below or at californiahoneyvapes@gmail.com. You expressly agree that your failure to notify California Honey of any dispute within ten (10) days of payment will constitute your express waiver of any claims related to the disputed payment.

 

You agree that you will pay all costs and expenses of collection, including attorneys' fees, incurred by California Honey in the event of failure to make payment.

 

1. Cancellation Policy

 

Orders submitted cannot be cancelled once the tracking information has been generated. Generally, tracking information is generated 24 hours from the time that the order was submitted. To cancel an order placed before tracking information is generated, please contact California Honey’ Support Team as soon as possible.

 

1. Return Policy

 

In no event will California Honey accept return of and/or issue any refund for purchases made other than through the Website, including purchases made from an authorized California Honey retailer. Products purchased through an authorized California Honey retailer must be returned and refunded through the location/medium from which the Products were purchased.  

 

You have the right to withdraw from the purchase agreement with California Honey and to return any new, unused item purchased through the Website for a refund without giving any reason up to seven (7) days following the receipt of the item purchased. To exercise the right of withdrawal, you must inform us of your decision to withdraw from the purchase agreement by contacting California Honey Support. If you withdraw, California Honey will reimburse to you all payments received from you, not including the costs of shipment, within fourteen (14) days from the day you inform us of your decision to withdraw. However, California Honey will not reimburse you for any supplemental costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us at the time of purchase.

 

If you elect to withdraw, you must return the new, unused item purchased to California Honey within seven (7) days of notifying us of your election. We may withhold reimbursement until we have received the purchased item. No refunds will be issued for items not returned within seven (7)days of notifying California Honey that you would like to return the items for a refund.

 

You agree that you will be responsible for the cost of return shipment in the event you elect to withdraw from the purchase agreement and to return an item for a refund.

 

Because of the nature of the products sold through the Website, for sanitary reasons, California Honey accepts returns of and will issue refunds only for new and unused devices. If the tamper proof seal is broken, we will be unable to accept the returned product and we will not issue a refund. Under special circumstances California Honey may decide to replace the device at no additional cost to the purchaser.

 

California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

1. Damaged / Incomplete / Incorrect Orders

 

You have a legal guarantee of conformity in connection with items purchased through the Website. You agree to immediately inspect any goods purchased upon receipt of your purchase order. If you received an order shipped from California Honey that is damaged, incorrect, or incomplete, please contact California Honey Support immediately to explain the problem with your order and to request a refund or replacement goods.

 

California Honey may require you to return damaged items, in which case California Honey will pay for the cost of return shipment.

 

1. Product Resale Or Other Exploitation Prohibited

 

You agree not to sell, resell, distribute or make available to others, or otherwise use or exploit for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways) any portion of any Products or services purchased from this Website or otherwise obtained from California Honey or a California Honey representative without prior written permission of an authorized representative of California Honey. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any Products or services for commercial purposes without such prior written permission will have no right or remedy under the product warranty, and may be subject to civil action and/or criminal penalty, as prescribed by law.

 

1. Compliance With Law; Indemnification

 

You agree that your use of any California Honey Products and/or California Honey services will comply at all times with all applicable laws and regulations, in all relevant jurisdictions, including without limitation laws and regulations related to product use, resale, marketing, advertising, and/or other forms of promotion.

 

You agree to indemnify, defend, and hold harmless California Honey and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney's fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any California Honey Products or services, or this Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein or your obligations under this Section 12; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Website with your unique username, password or other appropriate security code.

 

1. Counterfeiting

 

The fight against unauthorized sales and counterfeiting is a long-term commitment to quality and service that is taken seriously by California Honey. We advise consumers to be cautious when purchasing products from unauthorized resellers as the quality, reliability and safety of these products is unknown. If you encounter products that do not appear to be genuine California Honey products, you may report the details of your purchase to californiahoneyvapes@gmail.com, or local law enforcement.

 

Please contact California Honey Support at californiahoneyvapes@gmail.com to learn more about authorized dealers. Any product purchased outside of our exclusive sales network runs the risk of being counterfeit and is not guaranteed under our Warranty.

 

California Honey shall have no responsibility or liability for any Products purchased outside of our Website and/or Authorized Retailers.

 

California Honey will not assist with resolving issues pertaining to the purchase of counterfeit products nor will California Honey provide refunds for such purchases.

 

1. Third Party Links

 

This Website may contain links to third-party websites. California Honey does not intend these links to be viewed as an endorsement of those websites or their content. If you decide to access third-party websites, you do so at your own risk. Different terms of use may apply to any third-party website.

 

1. Privacy Statement

 

For more information about how we use and protect your personal information you may provide through our Website, please click ADD LINK to review the Website’s Privacy Policy. Note that California Honey reserves the right to change its Privacy Policy at any time without notice.

 

1. Governing Law And Venue

 

These Terms and Conditions will be governed by and interpreted under the laws of the State of California, USA, without regard to its principles of conflict of laws. Exclusive venue for any action to determine the enforceability of the arbitration provision in Section 16 or the arbitrability thereunder of any dispute, or to enforce an arbitral award rendered pursuant to these Terms and Conditions will be the state or federal courts of California. You agree that California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in Section 16 is found to be unenforceable. You agree not to bring any such actions in any other venue and you expressly agree to waive all objections to these venues.

 

You expressly consent to be subject to the personal jurisdiction of the state and federal courts of California. You agree that: (i) the Website and California Honey Products and services shall be deemed solely based in California; and (ii) the Website and California Honey’ services shall be deemed passive ones that do not give rise to personal jurisdiction over California Honey, either specific or general, in jurisdictions other than California.

 

The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.

 

We reserve the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. You agree to submit to the personal jurisdiction of the federal and state courts located in California for any actions for any such relief.

 

1. Release And Waiver Of Claims; Assumption Of Risk

 

YOU HEREBY AGREE TO THE FOLLOWING, WHICH IS PERMITTED BY LAW: (i) to waive any and all claims, other than claims for personal injury, that you have or may have in the future against California Honey, or any of its distributors, resulting from use of the Website and California Honey Products and services; and (ii) to release California Honey or any of its distributors from any and all liability from any loss, damage, injury or expense, other than liability for personal injury, that you or any users of this Website and any California Honey Products or services may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of California Homey, in the design or manufacture of the Website or of any California Honey Products or services.

 

In the event of your death or incapacity, these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.

 

You hereby expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the Civil Code of California (or any applicable analogous law), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her must have materially affected his or her settlement with the debtor.”

 

You and California Honey understand and agree that claims or facts in addition to or different from those which are now known or believed by each of them to exist may hereafter be discovered, but it is your intention to release all claims you have or may have against California Honey, other than claims for personal injury, and any and all of its successors, subsidiaries, parents, affiliates, investors, branches or related entities, or those entities' officers, directors, employees, stockholders, partners, members, consultants, agents, attorneys, employee benefit plans or assigns, whether those claims are known or unknown, suspected or unsuspected.

 

1. Trademarks And Copyright

 

This Website features trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of California Honey and its affiliates or licensors. This Website also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This Website and all of its content are protected under copyright, trademark and other laws of the United States and other countries.

 

1. Use Of Material From This Website

 

All content of this Website, including but not limited to, any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio visual works, and data found on this Website (collectively the "Materials"), are the property of and owned by California Honey or its licensors, and are protected by copyright, trademark, and/or other laws. You expressly agree that you are prohibited from, including but not limited to, the following: reproducing, copying, modifying, displaying, adapting, publishing, translating, performing publicly, reverse engineering, transferring, transmitting, broadcasting, distributing, licensing, selling, creating derivative works of, or gifting, in whole or in part, the Materials.

 

The Website and related content is provided for informational purposes only. Your use of this Website is at your sole risk. This Website is provided on an "AS IS" and on an "as available" basis. Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, we do not guarantee the accuracy of any content. The material contained on this Website may contain inaccuracies and typographical errors. You agree that we have no duty to screen content that is provided to the Website by you or others, nor are we liable for such content. We have the right, at our sole discretion, to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the Website and may be made at any time period. If you download any materials from this Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.

 

1. Limitation of Liability

 

To the fullest extent permitted under applicable law, you understand and agree that neither California Honey nor any of its affiliates, agents, directors, employees, suppliers, licensors, or third-party content providers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, relating to or resulting from: 1) purchase and/or use of any California Honey products or services; 2) use of, access to, or inability to use this website; 3) use or inability to use any other website you access from a link through this website; or 4) any actions we take or fail to take as a result of email messages you send us; in each case, in an amount exceeding the amount you paid to California Honey hereunder or $100.00, whichever is greater. This limitation of liability includes, but is not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorized access to and alteration of transmissions and data and any other tangible or intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, or as a result of negligence, or otherwise arise out of or in connection with the use, inability to use, or performance of the information, services, products or materials available from this website, and even if we or our representatives have been negligent or have been advised of the possibility of such damages. Because some jurisdictions do not allow limitation of liability for consequential or incidental damages, all or some of the above limitations may not apply to you.