Terms & Conditions
WEBSITE TERMS AND
CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. All users of this site
agree that access to and use of this site are subject to the following terms
and conditions and other applicable laws. If you do not agree to these terms
and conditions, please do not use this site. Additionally, If you do not agree
with the following terms and conditions, you are prohibited from using the site
and must discontinue immediately.
These Terms and Conditions constitute a
legally binding agreement made between you, whether personally or on behalf of
an entity you and Speed Wholesale Inc. (“Company”, “we”, “Speed Wholesale”,
“our”, or “us”), concerning your access to and use of the
www.speedwholesale.com website as well as any other media form, media channel,
mobile website or mobile application related, linked, or otherwise connected
thereto (collectively, the “Website”).
Additional terms, conditions or documentation
may be posted on the Website and are hereby expressly incorporated by reference.
In our sole discretion Speed Wholesale, can make changes or modifications to
these Terms and Conditions at any time and for any reason whatsoever. You waive
any right to receive specific notice of each such change. You are responsible
to review these Terms and Conditions and stay informed of updates. You will be
subject to and will be deemed to have been made aware of and to have accepted,
the changes in any revised Terms and Conditions by your continued use of the
Site after the date such revised Terms and Conditions are posted.
The information provided on the Website is
not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be in opposition
to applicable law or regulation or would subject Speed Wholesale to any
registration requirements within such jurisdiction or country. Individuals,
Entities, or any other person who choose to access the Website from other
locations do on their own initiative and are solely responsible for compliance
with applicable local laws, if and to the extent local laws are
applicable.
The Website is intended for users who are at
least 21 years old. A person under the age of 21 is not permitted to use or
register for the Website or place orders on the Website whatsoever.
Furthermore, this is not a Consumer Website, this Website is only for the use
of Retailers, Distributors, and Wholesalers with a valid BUSINESS LICENSE only.
This Website contains, pictures, and
information about Tobacco-Related products, nicotine, nicotine-related
products, and other adult material not to be used, consumed, or viewed by
anyone under the age of 21. Additionally, you agree to use the products offered
herein for their legal and intended use only.
GENERAL TERMS
We reserve the right to refuse service or
Website to anyone for any reason at any time.
We only accept international orders from the
selected countries, subject to change based on international customs laws.
You understand that your content (not
including credit card information), may be transferred unencrypted and involve
(a) transmissions over various networks; and (b) changes to conform and adapt
to the technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy,
sell, resell or exploit any portion of the Website, use of the Website, or
access to the Website or any contact on the Website, without express written
permission by us.
The headings used in this agreement are
included for convenience only and will not limit or otherwise affect these
Terms and Conditions.
CHANGES TO TERMS
AND CONDITIONS
You can review the most current version of
Speed Wholesale’s Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion,
to update, change or replace any part of these Terms and Conditions by posting
updates and changes to our website. It is your responsibility to check our
website periodically for changes. Your continued use of or access to our
Website following the posting of any changes to these Terms and Conditions
constitutes acceptance of those changes.
INTELLECTUAL
PROPERTY RIGHTS
Content on this Website unless otherwise
indicated, including but not limited to text, databases, website designs,
audio, video, photographs, graphics, code, and functionality (Collectively
rereferred to as “Content”) and the trademarks, service marks, and logos
(Collectively rereferred to as “Marks”) is copyrighted as collective work under
the United States and other copyright laws and is the property of Speed
Wholesale, Inc. The collective work includes works that are licensed to Speed
Wholesale ALL RIGHTS RESERVED. The Content and Marks are provided on the
Website “As Is” for your information and personal use only. Permission is
granted to electronically copy and print hard copy portions of this Website for
the sole purpose of placing an order with Speed Wholesale or purchasing Speed
Wholesale products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or print
portions of the material from different areas of the site solely for your own
non-commercial use, or to place an order with Speed Wholesale or to purchase
Speed Wholesale products. Any other use, including but not limited to the
reproduction, distribution, display, or transmission of the content of this
Website is strictly prohibited unless authorized by Speed Wholesale.
Provided that you are eligible to use this
Website, you are granted a limited license to access and use the Website to
download or print a copy of any portion of the Content to which have properly
gained access exclusively for non-commercial and personal use.
ACCURACY OF
INFORMATION
We are not responsible if information made
available on this Website is not accurate, complete, or current. The material
on this Website is provided for general information only and should not be
relied upon or used as the sole basis for making decisions without consulting
primary, more accurate, more complete, or more timely sources of information.
Any reliance on the material on this Website is at your own risk.
Speed Wholesale is not a manufacturer and
Speed Wholesale sells only finished goods which are manufactured by third
parties. If you have questions concerning any products you should direct
inquiries to the respective manufacturer of any product for the most accurate
and complete information. You are responsible for making yourself informed
regarding any product before purchasing from this Website.
This Website may contain certain historical
information. Historical information, necessarily, is not current and is
provided for your reference only. We reserve the right to modify the contents
of this Website at any time, but we have no obligation to update any
information on our Website. You agree that it is your responsibility to monitor
changes to our Website.
We are not responsible for the accuracy of
the information contained in user-generated content nor do the views, opinions,
or statements made in such content necessarily reflect the views, opinions, or
knowledge of Speed Wholesale administrators, owners, or affiliates.
User-generated content is considered content created by anyone who is not an
administrator, owner, or affiliate of www.speedwholesale.com and can include but is not limited
to customer reviews or third-party links on or directed to this Website. We are
not responsible for any claims made in user-generated content nor do we
implicitly or explicitly agree with any such claims or opinions. We do not
attest to the accuracy or validity of any statements made in user-generated
content whether posted on this Website or linked to this Website.
WARRANTY
DISCLAIMER
This Website 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, Speed Wholesale disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Speed Wholesale does not represent or
warrant that the functions contained in the Website will be uninterrupted or error-free,
that the defects will be corrected, or that this Website or the server that
makes the Website available is free of viruses or other harmful components.
Speed Wholesale does not make any warranties or representations regarding the
use of the materials on this Website 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.
MANUFACTURER WARRANTIES: All
warranties are guaranteed only through their manufacturer. We are not
responsible for any manufacturer claims, defects, or damage caused by a
manufacturer’s products. By purchasing from our website, you understand the
nature of the products and the dangers that may occur if misused.
Speed Wholesale does not warrant or accept
returns for consumable or personal hygiene items that have been opened or used.
Consumable items include but are not limited to e-liquid and replacement coil
heads and personal hygiene items include items such as atomizers and
mouthpieces. Speed Wholesale does not manufacture any items sold on www.speedwholesale.com and offers no warranties or
guarantees of any products. Any items that have been used or altered in any way
may not be returned.
This Website and the materials and products
on this Website are provided “as is” and without warranties of any kind,
whether express or implied. To the fullest extent permissible pursuant to
applicable law, Speed Wholesale disclaims all warranties, express or implied.
Speed Wholesale does not represent or warrant that the functions contained in
the Website will be uninterrupted or error-free, that the defects will be
corrected, or that this Website or the server that makes the Website available
is free of viruses or other harmful components. Speed Wholesale does not make
any warranties or representations regarding the use of the materials on this
Website in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability, or otherwise.
LIMITATION OF
LIABILITY
Speed Wholesale 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 Website or the performance of the products, even
if Speed Wholesale 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.
We do not guarantee, represent or warrant
that your use of our Website will be uninterrupted, timely, secure, or
error-free.
We do not warrant that the results that may
be obtained from the use of the Website will be accurate or reliable.
You agree that from time to time we may
remove the s Website for indefinite periods of time or cancel the Website at
any time, without notice to you.
You expressly agree that your use of, or
inability to use, the Website is at your sole risk. The Website and all
products delivered to you through the Website are (except as expressly stated
by us) provided ‘as is’ and ‘as available for your use, without any
representation, warranties, or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement.
In no case shall Speed Wholesale, our
directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers, or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar damages, whether
based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the
Website, or for any other claim related in any way to your use of the Website
or any product, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of
the Website or any content (or product) posted, transmitted, or otherwise made
available via the Website, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted
by law.
INDEMNIFICATION
You agree to indemnify, defend and hold
harmless Speed Wholesale and our parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns, and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third party due to or
arising out of your breach of these Terms and Conditions or the documents they
incorporate by reference or your violation of any law or the rights of a
third-party.
AGE VERIFICATION
THIS WEBSITE CONTAINS INFORMATION REGARDING
ELECTRONIC CIGARETTES. YOU MUST BE OF LEGAL AGE (21 YEARS OF AGE) TO ENTER,
VIEW, OR USE THIS WEBSITE.
In accordance with federal law, you must be
of legal age to purchase electronic cigarettes from this website. Falsification
of your age for the purpose of purchasing products from this website is
strictly illegal and is punishable to the fullest extent of the law. Purchasing
any products from this website on the behalf of a minor is prohibited and is
punishable by law. We reserve the right to ask for identification at our
discretion.
By using and purchasing from this Website,
you are confirming that you are of LEGAL age to purchase electronic cigarette
products and you are not in violation of any applicable local government
regulations concerning vapor products. We do not sell to anyone under the age
of 21, even if the minimum age to purchase tobacco products is lower in your
jurisdiction. We reserve the right to deny any orders we believe to be placed
by a minor.
YOU MUST MEET THE
LEGAL TOBACCO / VAPE / ELECTRONIC CIGARETTE AGE TO PURCHASE. WE WILL NOT
COMPLETE A SALE TO CUSTOMERS UNDER THE AGE OF 21.
Providing false declarations of age under
penalties of perjury is a CRIMINAL OFFENSE.
Effective August 8, 2016, in order to comply
with FDA Deeming regulations, Speed Wholesale Supply will attempt to reasonably
verify the age of any customer who makes a purchase from www.speedwholesale.com in order to prevent sales to
minors. We reserve the
right to use third-party age verification systems, in accordance with federal
laws. If necessary, we reserve the right to
ask for identification. In instances in which third-party age verification is
insufficient, we may require to review your identification card. You may be
required to e-mail or text your identification card clearly displaying your
date of birth and full legal name. You may be required to complete a signed
authorization note along with a legible, unaltered copy of your identification.
Any fraudulent or underage orders may be REPORTED to the local authorities
within your vicinity.
Once an order is submitted, we may place the
order on hold until age verification is complete and we can confirm that the
purchaser is over 21 years of age. If we are not able to verify that the
customer is over 21 years of age via third-party verification or verification
of photo identification within 72 hours of purchase, we will cancel the order
and void/refund the full payment. The customer must provide accurate,
up-to-date contact information so that we may collect the necessary age
verification information.
PROHIBITED USES
In addition to other prohibitions as set
forth in the Terms and Conditions, you are prohibited from using the Website or
its content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit
false or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the
functionality or operation of the Website or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of the Website or any related website, other websites, or the
Internet. We reserve the right to terminate your use of the Website or any
related website for violating any of the prohibited uses.
THIRD-PARTY LINKS
Certain content, products, and services
available via our Website may include materials from third parties.
Third-party links on this Website may direct
you to third-party websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services of
third parties.
We are not liable for any harm or damages related
to the purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites. Please review
carefully the third-party’s policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third party.
In an attempt to provide increased value to
our visitors, Speed Wholesale may link to sites operated by third parties,
including those used for credit card processing and age verification. However,
even if the third party is affiliated with Speed Wholesale, Speed Wholesale has
no control over these linked sites, all of which have separate privacy and data
collection practices, independent of Speed Wholesale. These linked sites are
only for your convenience and therefore you access them at your own risk.
Nonetheless, Speed Wholesale seeks to protect the integrity of its Website and
the links placed upon it and therefore requests any feedback on not only its
own Website, but for sites, it links to as well (including if a specific link
does not work).
PARTICIPATION
DISCLAIMER
Speed Wholesale does not and cannot review
all communications and materials posted to or created by users accessing the
Website, 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 Website, Speed
Wholesale 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 Website. However, Speed Wholesale 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 rights of
another or (d) offensive or otherwise unacceptable to Speed Wholesale in its
sole discretion.
CHANGES IN SERVICE
AND / OR PRICING
Prices for our products are subject to change
without notice.
We reserve the right at any time to modify or
discontinue any products from the site (or any part or content thereof) without
notice at any time.
We shall not be liable to you or to any third
party for any modification, price change, suspension, or discontinuance of
providing products to Speed Wholesale
ERRORS,
INACCURACIES, AND OMISSIONS
Occasionally there may be information on our
Website that contains typographical errors, inaccuracies, or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times, and availability. We reserve the right to correct any
errors, inaccuracies, or omissions, and to change or update information or
cancel orders if any information on the Website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend
or clarify information on the site, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied on the Website should be taken to indicate that all information on the
Website or related Website has been modified or updated.
Speed Wholesale does ship to international
customers in select foreign countries via direct international shipping
carriers and also ships to shipping warehouses and freight forwarders. Speed
Wholesale and its parent company are not responsible for customs, duties,
shipping errors, damage, or lost packages caused by shipping warehouses/freight
forwarders. Speed Wholesale its affiliates and its parent company will make
every effort to accommodate special shipping instructions when shipping directly
to an international customer but accept no liability or responsibility for
customs clearance issues or delays or seizure/confiscation of international
shipments. International customers are responsible for following the customs
rules and regulations of the destination country and must notify Speed
Wholesale customer service of any relevant international shipping requirements
for the destination country. All customs duties and taxes for direct-ship
international orders will be billed to the purchaser separately by the shipping
carrier. All sales are FINAL for international orders.
CHOICE OF LAW
Your use of this Website shall be governed in
all respects by the laws of the state of Illinois, 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
Website) shall be in the state or federal courts located in Illinois. Any cause
of action or claim you may have with respect to the Website (including but not
limited to the purchase of Speed Wholesale Products) must be commenced within
one (1) year after the claim or cause of action arises. Speed Wholesale’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. Speed Wholesale may assign its
rights and duties under this Agreement to any party at any time without notice
to you.
SEVER-ABILITY
In the event that any provision of these
Terms and Conditions is determined to be unlawful, void, or unenforceable, such
provision shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms and Conditions, such determination shall not affect the
validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the
parties incurred prior to the termination date shall survive the termination of
this agreement for all purposes.
These Terms and Conditions are effective
unless and until terminated by either you or us. You may terminate these Terms
and Conditions at any time by notifying us that you no longer wish to use our
Website, or when you cease using our Website.
If in our sole judgment you fail, or we
suspect that you have failed, to comply with any term or provision of these
Terms and Conditions, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the
date of termination; and/or accordingly may deny you access to our Website (or
any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any
right or provision of these Terms and Conditions shall not constitute a waiver
of such right or provision.
These Terms and Conditions and any policies
or operating rules posted by us on this site constitute the entire agreement
and understanding between you and us and govern your use of the Website,
superseding any prior or contemporaneous agreements, communications, and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of
these Terms and Conditions shall not be construed against the drafting party.
CHANGES TO TERMS
AND CONDITIONS
You can review the most current version of
the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion,
to update, change or replace any part of these Terms and Conditions by posting
updates and changes to our website. It is your responsibility to check our
Website periodically for changes. Your continued use of or access to our
Website the posting of any changes to these Terms and Conditions constitutes
acceptance of those changes.
PRIVACY POLICY
By using www.speedwholesale.com you also agree
to our privacy policy.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES.
Visiting the Website, sending us emails, and
completing online forms constitute electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email, and on the Website, satisfy any legal
requirement that such communication is in writing. You hereby agree to the use of electronic
signatures, contracts, orders, and other records, and to the electronic
delivery of notices, policies, and records of transactions initiated or
completed by us or via the Website. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting
by any means other than electronic means.
USER DATA
Speed Wholesale will maintain certain data
that you transmit to the Website for the purpose of managing the performance of
the Website, as well as data relating to the use of the Website. We perform
regular routine backups of data, however, you are solely responsible for all
data that you transmit or that relates to any activity you have undertaken
using the Website. You agree that Speed Wholesale shall have no liability to
you for any loss or corruption of any such data, and you hereby waive any right
of action against us arising from any such loss or corruption of such
data.&a