Terms & Conditions
OVERVIEW
This Cloud Chamber website is operated by Cloud Chamber. Cloud Chamber offers this website, including all information, tools and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (Terms and conditions), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and conditions carefully before accessing or using our Cloud Chamber website. By accessing or using any part of the site, you agree to be bound by these Terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Cloud Chamber website or use any services. If these Terms and conditions are considered an offer, acceptance is expressly limited to these Terms and conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and conditions. You can review the most current version of the Terms and conditions at any time on this page. Cloud Chamber reserve the right to update, change or replace any part of these Terms and conditions by posting updates and/or changes to our Cloud Chamber website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Cloud Chamber website following the posting of any changes constitutes acceptance of those changes.
ONLINE & INSTORE TERMS & CONDITIONS
By agreeing to these Terms and Conditions, you represent that you are at least 18 (Eighteen) years of age (to be super clear, you must be 18+ in order to purchase from us – both online and instore). You may not use our products for any illegal or unauthorized purpose, nor may you use any of the products purchased from us in a manner other than what the manufacturer intended (this means – do not use any other liquids – legal or not including but not exclusive to CBD oils and/THC – especially the stuff from shady vendors or strangers you do not know, which may land you in the news or in front of the pearly gates), nor may you, in the use of the Service, violate any laws in your Country (including but not limited to copyright laws).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.
GENERAL CONDITIONS
Cloud Chamber reserves the right to refuse service to anyone for any reason at any time.
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 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 Service, use of the Service, or access to the Service or any contact on the Cloud Chamber website through which the service is provided, 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.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Cloud Chamber are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Cloud Chamber reserve the right to modify the contents of this site at any time, but Cloud Chamber have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
Cloud Chamber reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Cloud Chamber shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or product.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Cloud Chamber website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Cloud Chamber have made every effort to display as accurately as possible the colours and images of our products that appear at the store. Cloud Chamber cannot guarantee that your computer monitor’s display of any colour will be accurate.
Cloud Chamber reserve the right, but are not obligated, to limit the sales of our products or Services to any person, in any country. Cloud Chamber may exercise this right on a case-by-case basis. Cloud Chamber reserve the right to limit the quantities of any products or services that Cloud Chamber offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. Cloud Chamber reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Cloud Chamber do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
Cloud Chamber reserve the right to refuse any order you place with us. Cloud Chamber may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Cloud Chamber make a change to or cancel an order, Cloud Chamber may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Cloud Chamber reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Cloud Chamber can complete your transactions and contact you as needed.
TOOLS
Cloud Chamber may provide you with access to third-party tools over which Cloud Chamber neither monitor nor have any control nor input.
You acknowledge and agree that Cloud Chamber provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Cloud Chamber shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Cloud Chamber may also, in the future, offer new services and/or features through the Cloud Chamber website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and conditions.
THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party Cloud Chamber websites that are not affiliated with us. Cloud Chamber are not responsible for examining or evaluating the content or accuracy and Cloud Chamber do not warrant and will not have any liability or responsibility for any third-party materials or Cloud Chamber websites, or for any other materials, products, or services of third-parties.
Cloud Chamber 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 Cloud Chamber 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.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, mail, phone or otherwise, you agree that Cloud Chamber may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Cloud Chamber are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Cloud Chamber may, but have no obligation to, monitor, edit or remove content that Cloud Chamber determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Cloud Chamber website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Cloud Chamber take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Statement, which can be found on our ‘Privacy Statement’ page.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Cloud Chamber reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Cloud Chamber website is inaccurate at any time without prior notice (including after you have submitted your order).
Cloud Chamber undertake no obligation to update, amend or clarify information in the Service or on any related Cloud Chamber website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Cloud Chamber website, should be taken to indicate that all information in the Service or on any related Cloud Chamber website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and conditions, you are prohibited from using the site 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 Service or of any related Cloud Chamber website, other Cloud Chamber 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 Service or any related Cloud Chamber website, other Cloud Chamber websites, or the Internet. Cloud Chamber reserve the right to terminate your use of the Service or any related Cloud Chamber website for violating any of the prohibited uses.
WARRANTY
Consumable Warranty is a DOA (dead on arrival) warranty valid for 24 hours from date of purchase and covers items for failure on initial use. Batteries, Tanks, Atomizers Coils, RDA’s are items deemed as consumables are designed to be replaced over time and do not come with any kind of warranty unless received as DOA.
Express Warranty is specified as warranty from defects of manufacture for a reasonable period, at this point in time designated as 3 month (90 days) from date of purchase: This warranty covers Standalone battery chargers, Starter kits and Mods (removable battery) Mods (Inbuilt battery). Products to be returned must be in the original packaging accompanied by proof of purchase.
Please note that when using any kind of battery, extreme care must be taken. All batteries sold by Cloud Chamber are intended to be used in the Mods we stock.
Cloud Chamber take no responsibility or liability for misuse, damage, injury to a person, item or other personal effects as a result of use or misuse of these items.
By purchasing a standalone battery, battery Charger or Mod or item with a built in battery from our store, you assume the full risk of use and damage of this item.
Micro USB ports (where designated for charging purposes) are not covered by warranty for physical damage, these ports are inherently subject to fair use as such all care must be taken when plugging/unplugging your device from power supply. Please note that some devices contain a micro USB port solely for the purpose of firmware updates. USB ports should not be used as a primary means for charging your batteries it is always recommended for any device that has removable batteries to use an approved external type balance charger (Standalone Charger)
Every attempt for best care must be taken to ensure that you handle any kind of battery correctly including but not limited to:
Ensuring the battery does not make contact with liquid including Eliquid/Ejuice
Ensuring the battery is kept in a protective case when not in use.
Ensuring the battery is not damaged due to exposure or as a result of damage to the battery wrap.
Ensuring that a battery Polarity is correct when inserting batteries in your device (that the positive and negative ends are in the correct positions)
Ensuring the battery is kept away from heat, flames and direct sunlight
NOTE: All warranty claims must be accompanied by the receipt as proof of purchase, the original device, packaging box and box sleeve. Valid warranty claims will only be honoured where the serial number (found on the box sleeve) is returned along with the device. All return postage must be at the buyer’s cost.
Any eliquid purchase, once the product has been received by the Customer or taken out of the store, CANNOT be returned due to Health and Safety policies.
Please consider your purchase carefully as we do not offer refunds for change of mind or once the product has been opened from the original packaging and/or used.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Cloud Chamber do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
Cloud Chamber do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time Cloud Chamber may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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 Cloud Chamber, our directors, 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 service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, 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.
Cloud Chamber will honour warranty claims in accordance to our stated terms and conditions. Returned products must be accompanied by the original packaging (not the plastic shrinkwrap of course) and original manuals. Each product’s identifying serial number (located on the product packaging) must be retained along with the purchase receipt for the Warranty Return.
Please consider your purchase carefully as we do not offer refunds for change of mind or once the product has been opened from the original packaging and/or used.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cloud Chamber 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.
SEVERABILITY
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 Services, or when you cease using our site.
If in our sole judgment you fail, or Cloud Chamber suspect that you have failed, to comply with any term or provision of these Terms and conditions, Cloud Chamber 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 Services (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 or in respect to The Service constitutes the entire agreement and understanding Cloud Chamber between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between Cloud Chamber and you (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 at this page.
Cloud Chamber 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 Cloud Chamber website. It is your responsibility to check our Cloud Chamber website periodically for changes. Your continued use of or access to our Cloud Chamber website or the Service following the posting of any changes to these Terms and conditions constitutes acceptance of those changes.
If you have any questions regarding our Terms & Conditions, please use the ‘contact us’ page.