Terms of service

 

Disclaimer

On this website, the terms “we”, “us” and “our” will refer to Digital Imports Inc. Digital Imports Inc. offers this website, including all information, external links and services available from this website to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By using our site (by browsing, finding information, or making purchases.) you agree to engage in the use of our “Service” and are subjected to the following terms and conditions (“Terms of Service”, “Terms”). This may include additional terms and conditions and policies used by any third party link provided by our website. These Terms of Service apply to all users of the site without limitation.

Please read these Terms of Service thoroughly before accessing or using our website. By accessing or using any part of the site, you agree to be subjected to the Terms of Service expressed within this agreement. If you do not agree to all the terms and conditions of this agreement, access to our website and services is not permitted.

Any changes made to the features, resources, or functions on our website shall also be subject to the Terms of Service. You can access and read the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service with notice available on our website. It is your responsibility to check this page periodically for any changes we may make. By continuing to use our website for any reason after any changes or updates to these terms of services, you agree to the acceptance of those changes made.

Our online store is hosted by the online e-commerce platform, Shopify Inc.

Section 1 - Online store items

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and you have given us consent to allow any of your minor dependents to use this site.

Agreement to the terms of service also gives us consent to verify that you are of legal age to purchase, and/or use the products listed on our store through the provision of a piece of government issued photo ID sent through means of e-mail communication. Failure to comply with age verification may result in the cancellation or refusal of an order at our discretion.

You may not use our products to facilitate any illegal or unauthorized activities. You may not use the Service to violate any laws within your jurisdiction.

You must not use our services for any malicious intent including, but not limited to; physical or digital harm.

Any breach or violation of any of the Terms listed on this page will result in an immediate termination of your Services.

 

Section 1(a) - Use of Products: E-Juice

Digital Imports Inc. makes no claims regarding the effectiveness of our products for any uses in any capacity.

By purchasing any product from our website, you agree to use at your own personal risk.

Notification of the risks associated with vaping and nicotine:

Vaping nicotine can lead to physical dependence and addiction. Vaping can expose you to chemicals that can be harmful to your health. Young people and those who do not use tobacco products should not vape because it is not completely harmless.

Nicotine is toxic. Do not ingest. If swallowed, seek medical advice immediately. Nicotine will severely irritate your eyes. If nicotine comes into contact with your eyes, immediately and thoroughly rinse with cold water and seek medical advice.

Nicotine is extremely addictive and habit forming.

Keep vaping products out of reach of children.

Vape Products and Nicotine are not intended for the use by persons under the age of 18, people who are pregnant and\or breastfeeding, or any persons at risk for heart disease, high blood pressure, diabetes, or taking prescription drugs to treat depression or asthma. Vaping products such as e-liquid may contain ingredients that may trigger allergies or certain sensitivities and should not be used by persons experiencing the effects of these sensitivities.

Be sure to consult your physician before using any nicotine product. For more information on E-Juice Safety be sure to visit our page: https://digitalimports.ca/pages/e-liquid-safety-and-information

More information on the risks of vaping can be viewed on the Health Canada Website: https://www.canada.ca/en/health-canada/services/smoking-tobacco/vaping/risks.html

 

Section 1(b) - Use of Products: Hardware and Devices

Many vaping products advertised on our website may require the use of batteries, which include but are not limited to Lithium Ion Batteries. By purchasing and using the products from our website, you assume the risk and dismiss Digital Imports Inc. of any liabilities regarding the losses, expenses, damages, and costs involved with the risks associated with the use of the products we sell. 

 

Section 2 - General conditions

We reserve the right to refuse our Service to anyone for any reason at any time.

You understand that your information (not including credit card information), may be communicated and/or transferred through unencrypted mediums and may involve: communication over various mediums of networks; and subject to changes in order to accommodate any technical requirements of affiliated networks or devices. Credit card information is always encrypted and confidential during transfer over networks.

You agree you do not have the right to reproduce, duplicate, copy, sell, resell or exploit any information, product, or transaction of the Service, use of the Service, or access the Service or any contact that has been listed on the website through which the service is being provided on, without the express explicit written permission by us.

The headings used in this agreement are included for convenience and organization and will not place any limitations or otherwise hold any effect on the Terms of this agreement.

 

Section 3 - Accuracy of Information

We may not be held liable  if information made available on this site is not accurate, complete or up-to-date. The information provided on our website is expected to be used only as general information and should not be used for the primary basis for making decisions without reviewing multiple sources of more accurate, complete, or up-to-date information. Any use of information on this website is at your own risk.

We reserve the right to make changes and updates to the contents of this site at any time. You are responsible for remaining up to date to any changes that may be made.

 

Section 4 - Updates, Changes, and Modifications to the Service and Prices

Prices for products advertised on our website are subject to change without notice.

We reserve the right to change or discontinue the Service at any time without notice.

We shall not be liable to you or to any third-party for any changes which may include, change in price or, the suspension or non-continuance of the Service.

We strive to ensure that all pricing information on our website is accurate. However, errors may occasionally occur. In the event that a product is listed at an incorrect price due to typographical, technical, or other errors, we reserve the right to cancel or refuse any orders placed for products listed at the incorrect price, even if the order has been confirmed and your payment has been processed. If your payment has already been processed and your order is canceled, we will promptly issue a full refund.

 

Section 5 - Products for Purchase or Services Offered

Certain products or services may only be available online through the website. These products or services are subject to return or exchange only in accordance to our Return Policy. More information regarding our Warranty and Returns policy can be found at https://digitalimports.ca/pages/warranty-and-returns

Photographic advertisements on display on our website may not accurately reflect the actual physical presentation of the product itself which may be due to differences in lighting and colour output on the browsers monitor.

We reserve the right to limit the sales of our products or provision of Services to any person, geographic region or jurisdiction at our own discretion.

We reserve the right to limit the purchasing quantities of any products or services that are listed on our website. The descriptions of all products or product pricing are subject to updates at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product we offer at any time. Any advertisement or sale of any product or service made on this website is void in jurisdictions where the sale and use of the product is prohibited.

We do not guarantee that the quality of any products, services, information, or other material purchased or obtained through our website will meet your personal expectations, or that any errors in the Service are obligated to undergo a corrective process.

 

Section 6 - Accuracy of Billing and Customer Account Information

We reserve the right to refuse, make changes, limit, or cancel any order you place with us for any reason that is decided at our own discretion.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail or phone number you have provided to us at the time the order was made.

You agree to keep all customer information such as age verification, contact information, shipping information, credit card information, or any disclosed information required for the sale up-to-date and accurate at the time of purchase.

 

Section 7 - Presented Information From Third Parties

We may provide you with access to third-party information over which may have been subjected to change without our notice. We do not have any affiliation with the third-party resources and information and have no control over any changes made to the source.

Information shared on our website through third-party sources (including but not limited to risks, battery safety, and product information) should not be taken as advice, recommendations or final word. By using the information on this website, you acknowledge and agree that resources and the information provided, whether by us or a third party should be reviewed with further research into to ensure knowledge and information presented is up-to-date and accurate. We shall have no liability whatsoever arising from or relating to your use of optional third-party resources.

Any use by you of the information offered through the site is entirely at your own risk and discretion.

Any information provided or updated in the future is also subject to these Terms of Service.

 

Section 8 - Links and Sources to Third Party Information

Information, content, products, and services may include material from third party sources.

We are not affiliated with the third party websites provided on this website and are not responsible for reviewing, updating, or evaluating the information or the accuracy of the information. We will not be held liable or responsible for the information or materials presented on and provided by these third party websites.

We are not liable for any damages regarding the use, purchase of goods, services, information, or any interactions with any of the third party sources referenced on our website.

We highly suggest reviewing the terms of service, and policies respective to the third party source being referenced. Any inquiries regarding third party sources should be addressed with the respective third party source being used.

 

Section 9 - Personal Information

The disclosure of personal information through the store is subject to our privacy policy. In-depth details of our privacy policy can be found here:

 

Section 10 - Errors and Inaccuracies in Presented Information

Information on our website may contain errors which can include typographical errors, inaccurate information, outdated information, inaccurate representation, or omissions that may regard the product descriptions, pricing, sales, shipping charges, shipping times, and product availability listed on our website. We reserve the right to correct any mistakes or errors made, as well as make changes to information provided and cancel orders if any information in the Service or related service is inaccurate at any time without prior notice.

We are not obligated to update, amend or clarify information on our website or any information presented third-party source including, but not limited to, pricing information, unless it is required by law.

 

Section 11 - Prohibited Uses of Product or Service

Other prohibitions, in addition to the prohibitions explained in the Terms of Service, can include: using this website or its content: (a) for any unlawful purpose; (b) to solicit others to engage or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, or laws; (d) to violate or infringe upon our intellectual property rights or the property rights of others; (e) to cause harm, including but not limited to harm caused by, harassment, abuse, insult, defamation, slander, disparage, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any of the protected rights listed in the Canadian Charter of Rights and Freedoms; (f) submitting false or misleading information; (g) to upload or transmit any type of malicious code that will in any way affect or harm the functionality or operation of the Service, any related website, or the Internet. (h) collecting or tracking the personal information of others; (i) use of the website to collect information for uses of spamming, phishing, or any scam or harmful practice. (j) use for any obscene or immoral purpose; or (k) tampering or interfering with any security features of the Service or any related website, or any website.

We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

 

Section 12 - Limitation of Liability

We do not guarantee that your use of our service will be free of errors, including but not limited to, issues related to shipping times.

You acknowledge and agree that we may make changes or remove the service for fixed or indefinite periods of time and we reserve the right to cancel the service at any time, without notice to you.

You acknowledge and agree that your use of, or inability to use, the service is at your own risk. All products and services delivered to you through the Service are (unless otherwise 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. This includes (unless otherwise stated by us) all implied warranties or, quality and/or durability, suitability for any particular purpose,  title, and non-infringement.

In no case shall Digital Imports Inc.,or any affiliated persons or business entity (not including customers and consumers of products sold by us) be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to loss of profits, loss of revenue, loss savings, loss of data, costs of replacement, 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 obtained through purchase or otherwise obtained through the use of 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 mistakes, errors or omissions regarding any content, or any loss or damage of any kind that has happened as a result of the use of the service or any content, information,  or product posted, transmitted, or otherwise made available on our website via the service, even if advised of the potential of risk.

In situations where the limitation of liability does not allow the exclusion of what is listed in this section, our liability shall be limited to the maximum extent permitted by law.

Because some provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Section 13 - Indemnification

You agree to indemnify, defend and relieve responsibility of Digital Imports Inc. and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers, employees, from any claim, request or demand, which may include reasonable attorneys’ fees, made by any third-party due to or as a result of your breach of these Terms of Service or the information they involve by reference or implication, or your violation of any law or the rights of an involved third-party.

 

Section 14 - Severability

In the case that any provision listed within these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable section of the policy shall be deemed to be severed from these Terms of Service. Determination of unenforceability will only affect the applicable portion of the agreement and shall not affect the validity and enforceability of any other remaining policies listed in the Terms of Service.

 

Section 15 - Termination of Business or Service

We reserve the right to terminate any business, transaction, or access to the Service for any reason at our discretion. Any obligation and/or liability of the involved parties that was incurred prior to the termination date shall be honoured after the termination of this agreement for all intents and purposes.

The Terms of Service explained on this page are effective until terminated by either you or us. You have the ability to terminate these Terms of Service at any time through notification that you no longer wish to use our Services, when you stop using our website, or when you cease to continue doing business with us.

If, at our discretion, you breach, we suspect that you may have breached, we have suspected you intend to breach, or you fail to comply with any of the provisions listed in these Terms of Service, we may also terminate this agreement at any time without notice. In these cases, you are liable for any and all amounts due up to and on the date of termination. We also reserve the right to deny you any access to our Services or any affiliated service we may provide.

 

Section 16 - Agreement Coverage

Any failure on our part regarding the enforcement of any right or provision of these Terms of Service shall not be considered as a waiver or voidance of such right or provision.

The Terms of Service and/or any other policies (including the operating rules) explicitly expressed on our website or in respect to the Service constitutes the entire agreement and understanding between you and us. The Terms of Service govern your use of our Service and supersede any prior agreements, communications, proposals of any medium, between you and us (which may include but are not limited to, any prior versions of the Terms of Service).

Any vagueness, wording and language, or mistakes that would result in the misinterpretation of these Terms of Service shall not be held against the drafting party.

 

Section 17 - Relation to Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and interpreted in accordance with the laws of Canada.

 

Section 18 - Changes or Updates to Terms of Service

You can access and review the most updated version of the Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, change or replace any part of these Terms of Service by posting any update and/or change to our website. You are responsible for checking our website to remain up to date on any changes made to the Terms of Service. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service is considered to be acknowledgment and acceptance of any changes that may have been made.

 

Contact information

Questions about the Terms of Service should be sent to us at: orders@digitalimports.ca.