Terms of service
1. Acceptance of Terms
Welcome to bestvapes.shop (the "Site"), operated by Best Vapes, a Florida LLC with its principal place of business in Sunrise, Florida ("we," "us," or "our"). By accessing or using the Site, creating an account, or placing an order, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, Refund Policy, Shipping Policy, and Age Verification Policy, all of which are incorporated by reference. If you do not agree to these Terms, do not use the Site.
2. Eligibility and Geographic Restrictions
This Site is intended exclusively for use by individuals who meet all of the following criteria:
(a) Are at least twenty-one (21) years of age;
(b) Are physically located within the State of Florida at the time of purchase;
(c) Will receive delivery of any ordered products at a physical address located within the State of Florida; and
(d) Are purchasing products solely for personal use and not for resale.
Use of this Site by any person who does not meet all of the above criteria is strictly prohibited and unauthorized. We do not offer, sell, ship, or deliver products to any address outside the State of Florida under any circumstances. We do not offer or advertise our products for sale outside Florida. If you are accessing this Site from outside Florida, you are not an intended user, and you must exit the Site immediately.
3. Age Restriction (21+)
The products sold on this Site contain nicotine and are intended only for adults of legal purchasing age. Federal law and Florida law prohibit the sale of nicotine products to anyone under twenty-one (21) years of age. By using this Site, you represent and warrant that you are at least 21 years old. We use third-party age verification services to confirm your age and identity at checkout. We reserve the right to cancel any order that fails age verification, and to refuse service to anyone for any lawful reason.
4. Florida-Only Sales and Shipping
We sell and ship products only to verified physical addresses located within the State of Florida. We do not ship to:
- Any address outside Florida, including any U.S. state, territory, or military APO/FPO address
- P.O. Boxes (regardless of state)
- Freight forwarders, package consolidators, or reshipping services
- Hotels, short-term rentals, or temporary addresses
- Any address we determine, in our sole discretion, is being used to circumvent these geographic restrictions
If you are a Florida resident traveling outside the state, you may not place an order requesting shipment to your temporary out-of-state location. Orders must be shipped to a permanent Florida residential address.
We reserve the right to cancel any order at any time if we determine the shipping address is outside Florida, has been falsified, or appears to be used to evade these Terms. Refunds for cancelled orders will be issued to the original payment method.
5. Compliance with Law
We operate in compliance with applicable federal and Florida law, including:
- Florida Statutes Chapter 569 (Tobacco Products) and related regulations governing the sale of nicotine and nicotine dispensing devices
- Florida's Nicotine Dispensing Device (NDD) framework and product list maintained by the Florida Department of Business and Professional Regulation
- The federal Family Smoking Prevention and Tobacco Control Act and applicable U.S. Food and Drug Administration regulations
- Federal and Florida age-verification requirements for the sale of nicotine products
You agree that you will not use this Site or our products in violation of any applicable law, including by attempting to resell, redistribute, or transport our products outside the State of Florida.
6. Account Registration
To place an order, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to keep that information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us immediately of any unauthorized use.
You may not create an account or place an order on behalf of another person, including a person under 21 or a person located outside Florida.
7. Products and Pricing
We make reasonable efforts to display products and pricing accurately, but errors may occur. We reserve the right to:
- Correct pricing or product information errors at any time
- Limit order quantities
- Refuse or cancel any order, including after confirmation, if we suspect fraud, age violation, geographic violation, or other policy violation
- Discontinue products without notice
- Refuse service to any individual or entity at our discretion
Product images are for illustrative purposes; actual products may vary in appearance. All product descriptions reflect information provided by manufacturers, and we do not independently verify all such information.
8. Orders and Payment
Submitting an order constitutes an offer to purchase. Your order is not accepted until we send a shipping confirmation. We reserve the right to decline any order at our discretion. Payment is due at the time of order. We accept the payment methods listed at checkout. By providing payment information, you represent that you are authorized to use the payment method provided.
You authorize us to charge the full order amount, including applicable taxes and shipping, to your selected payment method. If your payment is declined or reversed, we may cancel your order, suspend your account, and pursue any amounts owed.
9. Sales Tax
Florida sales tax and any applicable local taxes will be calculated and added to your order based on your shipping address. You are responsible for any taxes not collected at checkout.
10. Shipping and Delivery
Shipping is governed by our Shipping Policy, incorporated by reference. All deliveries require an adult signature (21+) and government-issued identification at the time of delivery. If no qualifying adult is present, the package will not be released.
Risk of loss transfers to you upon our delivery of the package to the carrier. We are not responsible for delays caused by carriers, weather, or events beyond our control.
11. Returns and Refunds
Returns and refunds are governed by our Refund Policy, incorporated by reference.
12. Health Warnings and Disclaimers
WARNING: This product contains nicotine. Nicotine is an addictive chemical. Products sold on this Site are intended for use by adults of legal purchasing age (21+) only. Products are not intended for use by:
- Persons under 21
- Pregnant or nursing women
- Persons with heart conditions, high blood pressure, diabetes, asthma, or any medical condition affected by nicotine or stimulants
- Persons with allergies to propylene glycol, vegetable glycerin, or any product ingredients
Products sold on this Site have not been evaluated by the U.S. Food and Drug Administration. They are not intended to treat, prevent, or cure any disease or medical condition. They are not smoking cessation products. Consult your physician before use.
You assume all risk associated with the purchase, use, and storage of these products. You agree to use products only as directed, keep all products out of reach of children and pets, and store batteries and devices safely.
13. Intellectual Property
All content on this Site — including text, graphics, logos, images, product descriptions, and software — is owned by us or our licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from any Site content without our prior written consent.
14. User Conduct
You agree not to:
- Use the Site for any unlawful purpose
- Misrepresent your age, identity, or location
- Use false, fraudulent, or misleading information when ordering
- Attempt to circumvent the geographic restrictions, age verification, or any security measures of the Site
- Use VPNs, proxies, false addresses, mail forwarding, or any other means to access the Site or place orders from outside Florida
- Resell, redistribute, or commercially exploit products purchased from the Site
- Reverse engineer, scrape, or interfere with the Site's operation
- Upload viruses, malware, or harmful code
- Harass other users or our staff
Violation of any of these terms may result in immediate account termination, order cancellation, and legal action.
15. Indemnification
You agree to indemnify, defend, and hold harmless Best Vapes, its officers, directors, employees, agents, and affiliates from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising from or related to:
(a) Your use of the Site or products purchased through it;
(b) Your violation of these Terms;
(c) Your violation of any law or third-party right;
(d) Any misrepresentation regarding your age, location, or identity;
(e) Any transport, resale, or use of products outside Florida.
16. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEST VAPES AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR PRODUCTS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.
18. Governing Law and Venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or your use of the Site will be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to the personal jurisdiction of those courts.
19. Dispute Resolution and Arbitration
Except for claims for injunctive or equitable relief, any dispute, claim, or controversy arising out of or relating to these Terms or the Site will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will be conducted in Broward County, Florida.
YOU AND BEST VAPES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You may opt out of this arbitration provision within 30 days of first accepting these Terms by sending written notice to legal@bestvapes.shop.
20. Termination
We may suspend or terminate your access to the Site or your account at any time, for any reason, with or without notice, including for violation of these Terms or suspected fraud, age violation, or geographic violation. Upon termination, your right to use the Site immediately ceases. Sections that by their nature should survive termination will survive (including Sections 12, 15, 16, 17, 18, and 19).
21. Changes to These Terms
We may modify these Terms at any time by posting the updated Terms on the Site with a new "Last Updated" date. Changes are effective immediately upon posting. Your continued use of the Site after changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Site.
22. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.
23. Entire Agreement
These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and Age Verification Policy, constitute the entire agreement between you and Best Vapes regarding the Site and supersede all prior agreements.
24. Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms at any time without notice.
25. No Waiver
Our failure to enforce any provision of these Terms is not a waiver of that provision or our right to enforce it later.
26. Contact Information
Questions about these Terms should be directed to:
Best Vapes
6735 Sunset Strip
Sunrise, FL 33313
Email: legal@bestvapes.shop
Phone: 954-613-8550