Terms and Conditions
TERMS AND CONDITIONS
The terms and conditions stated below (collectively “Terms and Conditions”) apply to any and all uses and purchases made from: (a) the Ruthless Wholesale web site located at ruthlesswholesale.com; and (b) any and all web sites linked to and/or affiliated with ruthlesswholesale.com around the world (collectively, the “Site”).
In exchange for a personal, non-exclusive, non-transferable, limited license to enter, access, and use the Site, as well as make purchases from the Site, you agree to be bound to all the Terms and Conditions. The terms “you”, “your” and “yours” refers to you as an individual person or as an authorized agent acting for a business. Your continued access and use of the Site confirms your agreement. Please read these Terms and Conditions carefully.
These Terms and Conditions affect your legal rights and obligations. If you do not agree to be bound by all these Terms and Conditions, please immediately leave the Site.
ONLINE STORE TERMS
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You are responsible for complying with all governmental laws, import or export duties as well as all applicable taxes. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We do not sell or market products to children, but we do sell them to adults of legal smoking age, who can purchase with a credit card or other permitted payment method. We only sell products legal under federal and state law. We do not sell or market products the possession or sale of which is illegal under either federal or state law. We reserve the right to refuse Services, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
All content included in or made available through the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is our property or our content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Services is our exclusive property and protected by U.S. and international copyright laws.
The graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Services are trademarks or trade dress. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear in or made available through the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Ownership and Use of Site
The Site is the property of Ruthless Vapor Corporation and its licensors (collectively “Ruthless”). All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code including, but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Site (collectively “Content”), as well as copyright and all other intellectual property rights contained on the Site belong to Ruthless and are protected by U.S., International copyright, trademark, patent, trade secret, and other intellectual property or proprietary laws, including common law. Ruthless reserves all rights in the Content and grants no rights or licenses to use any Content, except as expressly provided in the Terms and Conditions. Unauthorized use of our Content is strictly prohibited and will be prosecuted to the fullest extent of the law.
Ruthless further reserves the right, at its sole and absolute discretion, to cancel and/or block your access without prior notice if Ruthless has reason to believe that you have failed to comply with the Terms and Conditions.
By accessing, entering, using, and/or purchasing from the Site, you acknowledge that the following statements are true and agree to the following:
- You are of legal age to accept these Terms and Conditions.
- All products purchased from the Site will be used for lawful purposes and solely by persons over the minimum legal age required to consume the products (either 18 or 21 years of age, based on the law where the products are used).
- You are not violating any laws or regulations in the location where you are purchasing and receiving the products.
By accessing, entering, using, and/or purchasing from the Site, you also acknowledge and agree that:
- Ruthless cannot and does not guarantee or warrant that any information provided either by Ruthless or by others on the Site is accurate, complete, or suitable for any purpose. This includes, but is not limited to: information and/or claims about health benefits, safety, or uses for any products.
- The views and opinions shared by customers in posts, comments, or reviews do not represent the opinion of Ruthless.
- The Site may contain links to third-party websites and Ruthless is not responsible for the content or the privacy and/or regulatory practices of these websites. Ruthless encourages all users to be aware of the privacy statements of websites that they visit, and particularly those websites that collect personally identifiable information.
If purchasing for delivery outside of the United States, you further acknowledge and agree to the following:
- All product(s) purchased from the Site are subject to the U.S. Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce’s Bureau of Industry and Security, as well as other U.S. laws and regulations.
- You and any business you are acting for are not headquartered in, incorporated in, a national or resident of, or the government of any territory restricted under the EAR (“Restricted Territory”).
- You and any business you are acting for are not listed on the U.S. Treasury Department’s list of Specially Designated Nationals (“Sanctioned Person”).
- You will comply with the EAR and all applicable U.S. laws in your handling and use of all product(s) and to not export or reexport the(s) except as authorized by the EAR, U.S. and other applicable laws.
Ruthless reserves the right, at its sole and absolute discretion, to change, modify, add, or remove any portion of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions periodically for changes. You agree that your continued use of the Site following any notification and/or posting of changes is confirmation that you accept and agree to the changes.
Product Delivery and Risk of Loss
By purchasing through the Site, you agree that it is your sole responsibility to provide the correct delivery address details at the time of ordering. You further agree that it is your responsibility to contact Ruthless as soon as possible upon discovering your error. You further agree that Ruthless has no obligation to refund or replace any product(s) that is sent to an incorrect address entered by you. If such product is returned to Ruthless, you may request a refund of your full purchase price, minus shipping costs, by completing the Return Merchandise Authorization process further outlined below.
You further acknowledge that all product(s) ordered pursuant to accepted purchase orders, will be scheduled for delivery in accordance with Ruthless’s then current and normal delivery times. Ruthless shall not be deemed responsible for failure to deliver if such non-delivery is due to causes beyond Ruthless’s reasonable control. These situations include, but are not limited to: acts of God, fire or explosions, civil and labor disturbances, delays in transportation, and detention or confiscation by foreign customs officials and/or international government agencies. In such event, the time for performance shall be extended by the period of time attributable to the delay.
Ruthless agrees that, upon learning of any potential delivery delays, it will promptly notify you in writing as to the cause and extent of such delay.
You further acknowledge and agree that, unless otherwise stated in these Terms and Conditions, all risks of loss from the time the product(s) depart Ruthless’s warehouse until final delivery to you are borne by you.
Right to Refuse or Cancel Order
Ruthless reserves the right to refuse or cancel any order, or any portion of an order, any time after Ruthless discovers that any product(s) ordered: (a) were mistakenly marked with an incorrect price; (b) were mistakenly marked as being in stock; (c) are being delivered to a Restricted Territory or a Sanctioned Person; (d) contain any other error on the Site regarding the product(s); or (e) would otherwise result in a violation of law.
Ruthless reserves the right to refuse or cancel orders whether or not the order has been confirmed and payment has been processed. In the event your order is cancelled and payment has been processed, the amount you were charged will be credited back to you.
Return and Exchange Policy
Ruthless has different return and exchange policies depending on your status as a purchaser. Regardless of status, all returns or exchanges must go through Ruthless’ Return Merchandise Authorization (“RMA”) process, which is outlined in the next Section.
You agree that you will inspect all packages received from Ruthless as soon as possible to determine if any products are defective or were damaged during shipment. You further acknowledge and agree that:
- All products sold by Ruthless are sold “AS-IS” with no express or implied warranties, unless otherwise specified herein;
- Shipping fees are not refundable under any circumstances; and
- No refunds or exchanges are allowed for flavor issues because flavor preferences are subjective.
Any product(s) received that are not reflected in your purchase order may be returned for a credit of the full purchase amount, not including taxes or shipping. The credit will be applied to your next purchase. To receive the credit, the incorrect product(s) must be returned unopened together with a completed RMA form within three (3) days of receipt of shipment.
Subject to limitations stated herein, customers who purchase products from Ruthless for re-sale may exchange defective or unopened product(s) for the same or similar product. To complete the exchange, your defective or unopened product(s) must be returned together with a completed RMA form within ninety (90) days of receipt of shipment.
Premier Retailer Exchanges
Subject to limitations stated herein, Ruthless Premier Retailers may exchange defective or unopened product(s) must be returned together with a completed RMA form within one hundred twenty (120) days of receipt of shipment. To complete the exchange, your defective or unopened product(s) must be returned with a completed RMA form and received by Ruthless before the expiration date marked on the product(s).
RMA Form and Process
The RMA Form can be found at the following website:
You agree to fill out the RMA Form completely as well as include photographs of damaged packaging and products prior to submission. You will be contacted within five (5) business days with an RMA number to include when you return your product(s)
You agree that your failure to return your product(s) with the RMA number or to otherwise comply with the RMA process gives Ruthless the authority to refuse and deny your requested credit, exchange, or refund.
No Warranties / Indemnity
Unless otherwise stated herein, you agree to assume all liability, as well as agree to indemnify and hold Ruthless harmless, and for any personal and/or property damage, illness, injury, financial, or any other loss caused by your use of any product(s) purchased from the Site.
You further agree to waive, and acknowledge that Ruthless disclaims, any and all representations and warranties, express, implied, statutory or arising by course of dealing or performance, custom, usage in the trade or otherwise, including without limitation to the implied warranties of merchantability, title and fitness for a particular use related to the product(s) offered and/or purchased on the Site.
Limitation of Liability
You further acknowledge and agree that, in no event, whether as a result of breach of contract, warranty, or tort (including negligence), strict liability, or otherwise, shall Ruthless be liable for any special, incidental, consequential, exemplary damages of any kind whether or not either party was advised of the possibility of such damages.
You acknowledge and agree that you and Ruthless are and will always remain independent parties as to these Terms and Conditions. Nothing herein shall be construed as creating an employment or agency relationship, partnership, and/or joint venture between you and Ruthless. Neither party is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf of or in the name of the other party, or to bind such other party in any manner.
You acknowledge and agree that you are prohibited from assigning any of your rights, licenses or obligations under these Terms and Conditions without the prior written consent of Ruthless. Ruthless may assign, delegate or transfer all or any part of its rights to any Ruthless licensor without the need for any approval or consent from You.
Unless otherwise stated herein, no waiver of any provision of this Agreement, or any rights or obligations of either party under this Agreement, shall be effective, except pursuant to a written instrument signed by the party or parties waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
Severability of Provisions
By law, you may have certain rights that cannot be limited by a contract like this Agreement. This Agreement is in no way intended to restrict those rights. If any portion of this Agreement is found to be invalid or unenforceable, the remaining portion will remain in full force and effect to the fullest extent permitted by applicable law.
Any notices required or permitted to be given by Ruthless to you shall be deemed valid if delivered: (a) via email; (b) through chat communication on the Site; (c) by posting a general notice on the Site; or (d) via postal or other delivery to the address provided by you to Company.
The provisions of these Terms and Conditions and any claim, case, or controversy arising out of or relating to these Terms and Conditions (whether for breach of contract, tort or otherwise) shall be governed by and construed in accordance with the laws of the State of California, U.S.A., excluding (1) its conflict of law principles; (2) the United Nations Convention on Contracts for the International Sale of Goods; (3) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (4) the Protocol amending the 1974 Convention, done at Vienna, April 11, 1980. You and Ruthless agree and declare that you have required that all documents, either present or future, be drawn up in the English language only. Les parties déclarent qu’elles exigent que tous les documents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement. Except where local law requires, consistent with valid entry into a binding agreement, the controlling language of this is English and any translation you have received has been provided solely for your convenience. You acknowledge and agree that all correspondence and communications between you and Ruthless must be in the English language. In the event you have agreed to these Terms and Conditions by means of the Internet display of a translated version in a language other than U.S. English, you agree to be responsible for viewing the English language version from the Site. THE EXCLUSIVE JURISDICTION FOR ANY CLAIM, CASE, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE) SHALL BE EITHER: (A) THE U.S. DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA; OR (B) THE SAN BERNARDINO COUNTY SUPERIOR COURT. THE PARTIES HEREBY CONSENT TO SUCH EXCLUSIVE JURISDICTION AND IRREVOCABLY WAIVE AND SHALL NOT ASSERT ANY DEFENSES BASED ON LACK OF IN PERSONAM JURISDICTION, IMPROPER VENUE OR INCONVENIENT FORUM. Notwithstanding the foregoing, if and to the extent subsequent separate or ancillary proceedings in another U.S. or foreign court are necessary in order to enforce a judgment of the above-stated courts, or otherwise as is necessary to provide complete relief and full resolution of all issues in dispute, the Parties may institute such subsequent separate or ancillary proceedings in any such U.S. or foreign court, and the Parties hereby consent to the non-exclusive jurisdiction of such court and hereby waive any defenses therein based on lack of in personam jurisdiction, improper venue or inconvenient forum. Notwithstanding anything herein to the contrary, Ruthless shall be entitled to interim relief or provisional remedies before any court having jurisdiction. You further agree to the admissibility of computer records and electronic evidence in any dispute herein.
Neither party hereto shall be liable for the failure to perform any of its obligations under this Agreement or for any Damages if such failure is caused by any reason beyond its reasonable control including without limitation, any occurrence of any act of God, labor strike or dispute, industrial disturbance, governmental emergency order, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including, without limitation, quarantine or other employee restrictions, regardless of whether such an event is officially declared to be an epidemic, pandemic, or the like by the relevant authoritative body(ies), judicial or government action, emergency regulations, sabotage, riots, vandalism, electronic failure, major computer hardware or software failures, equipment delivery delays, acts of third parties, or act of terrorism.
- What personal information is collected from you through the website;
- When personal information is collected from you;
- How we may use your personal information;
- How we protect your personal information;
- Our use of “cookies” on our website;
What personal information do we collect from the people that visit our website?
When visiting and using our website, as appropriate, you may be asked to enter your name, email, mailing address, phone number, credit card number, share your thoughts, or share other details to help us with your experience or purchase of products from our website.
When do we collect information?
We collect information from you when you make a purchase, register, sign up for our monthly newsletter, fill out a form, enter information on our website, respond to a survey or marketing inquiry, surf the website, visit the various pages of our website, or use certain other website features.
How may we use your information?
We may use the information we collect in the following ways:
- To improve our website in order to better serve you.
- To send periodic emails regarding your order or other products and services which may interest you.
How do we protect your information?
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon in your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store the personally identifiable information are kept in a secure environment.
A cookie is a piece of data stored on the hard drive of site visitors like you to help us improve your access to our site and identify repeat visitors. Our cookies exist for your convenience. For example, our cookies allow you to enter your password one time only as you look through our site, thereby saving you time.
If you disable cookies, some features that make your experience more efficient may be disabled and some of our services will not function properly.