1) WHOLESALE TERMS & CONDITIONSPLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS 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 law. If you do not agree to these terms and conditions, please do not use this site.
(a) All sales of e-liquid products and any other products sold by Seller (individually, “Product” and collectively, “Products“) to the purchaser or customer (the “Buyer”) shall be subject to and governed by these terms and conditions (the “Terms”), any other terms and condition that may be contained on Seller’s wholesale customer e-commerce platform (the “Website”), and any terms or conditions contained in any Seller order confirmation (the Terms, the Website and any terms or conditions contained in any Seller order confirmation being collectively the “Contract”). For the avoidance of doubt, the Contract does not include Seller’s Refunds and Replacements Policy, which is applicable solely to orders placed by non-wholesale customers. In the event of a conflict between these Terms and any other provisions of the Contract, these Terms shall prevail. BY VISITING THE WEBSITE AND/OR PURCHASING ANY PRODUCTS FROM SELLER, BUYER AGREES TO BE BOUND BY THE CONTRACT, SO PLEASE READ THE CONTRACT CAREFULLY. If Buyer does not agree to all the terms and conditions contained in the Contract, Buyer may not access the Website or purchase any Products. Seller reserves the right to update, change or replace any part of these Terms and any other terms and condition that may be contained on Website by posting updates and/ or changes to the Website. It is Buyer’s responsibility to check the Website periodically for changes. Buyer’s continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
(b) All orders submitted to Seller for Products, whether through the Website or otherwise, are subject to final acceptance by Seller and no orders are binding upon Seller until so accepted. Seller’s acceptance may be in writing, including without limitation via email or an order confirmation generated from the Website, or by delivery of the Products to Buyer. Buyer is solely responsible for proper selection of the Products. Seller may change an order at any time without recourse to correct any mathematical, clerical or other errors.
(c) Every sale of Products shall be exclusively governed by the Contract. In no event shall Buyer’s terms apply to, nor shall Buyer’s proposed additional or different terms modify, the Contract. Seller hereby objects to and rejects any additional or different terms or conditions proposed by Buyer or contained in any order or other correspondence from Buyer, regardless of any knowledge Seller may have of such terms, and such terms shall not bind Seller. The Contract supersedes any commercial documents issued by Seller. No other terms or changes, modifications, amendments or waivers of any terms in the Contract shall apply to Seller unless in writing and signed by an authorized officer of Seller.
(d) Buyer may not cancel or change the Contract except with the prior written consent of Seller (in which case a cancellation charge will apply equal to the greater of the value of the material and work performed on the cancelled order or 25% of the order value) and upon terms that will indemnify Seller against any loss.
2) Modification to Prices and Services
(a) Prices for Products are subject to change without notice. Seller reserve the right, at any time and from time to time, to modify or discontinue Products (or any part or content thereof) without notice. Seller shall not be liable to Buyer or to any third-party for any modification, price change, suspension or discontinuance of any Products.
(b) The price listed for Products on the Website does not include sales tax
(c) We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
(d) We Shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
1) The Contract for each order will set forth when payment is due. Time is of the essence with regard to payment. The date of payment will be the date Seller receives payment in full. If at any time, in its sole judgement, Seller has any doubt as to Buyer’s financial responsibility, Seller may decline to make further shipments, except upon receipt of a deposit or other satisfactory security or cash before shipment.
2) If Buyer fails to make any payments when due, then (i) interest shall accrue from the date the payment was due until payment is received in full at the lower of 1.5% per month or the maximum amount allowed by applicable law, (ii) Buyer shall pay Seller’s reasonable attorneys’ fees and other costs of collection of any past due amounts, and (iii) Seller may, at its sole discretion, take any of the following actions: (1) suspend or cancel delivery of the Products; (2) immediately terminate the Contract for default; (3) require Buyer to satisfy all obligations to Seller; and (4) take any other actions or pursue any other remedies under the Contract, at law, or in equity. Failure by Seller to exercise any of its rights or remedies shall not be construed as a waiver of any such rights or remedies.
4) No Set Off
Buyer shall not have the right to any obligation of Seller to Buyer against any obligation of Buyer to Seller.
Unless otherwise stated in Seller’s order confirmation, all deliveries of Product shall be made FOB Seller’s fulfillment center in Tama, Iowa. Buyer shall be solely responsible for the costs and expenses of any transportation associated with the Products. Seller may make partial deliveries. Any such partial delivery shall not give the Buyer any right to reject the Products delivered or to claim damages and the Buyer shall be obliged to pay for the quantity of Products delivered. Notwithstanding any requested dates by Buyer, the delivery dates in Seller’s order confirmation shall control. Any shipping, delivery or performance schedule, quotation, forecast, or commitment is only an estimate and Seller will not be liable for any delay or failure to deliver all or any part of any order for any reason. Seller shall not be responsible for any damage to products caused by a carrier and a Buyer’s sole recourse for such damage shall be against the carrier.
6) Accuracy of Information
Although it is Seller’s goal to produce clear, concise and accurate content, free of errors on its Website, as the content is created and posted by humans, there may be errors or irregularities that occur from time to time, including without limitation with respect to the pricing, description or specifications of Products. Seller assumes no responsibility for any such errors or the possibility of omissions, and Seller hereby reserves the right to: (a) revoke or retract any offer that has been published or stated on the Website; (b) edit and correct any inaccuracies, errors, or omissions; (c) make any necessary edits, revisions or changes to published prices, promotions, content, descriptions of Products, or to any other variety of printed information on the Website; (d) refuse or cancel any orders placed for Products listed at the incorrect price or otherwise in error, whether or not the order has been confirmed by Seller and Buyer’s credit card has been charged, provided, if Buyer’s credit card has already been charged for the purchase and the order is canceled, Seller shall issue a credit to Buyer’s credit card account in the amount of the charge.
7) Buyer’s Obligations and Warranties
(a) Buyer shall make all payments for Products and any other amounts due under the Contract strictly in accordance with the Contract.
(b) Buyer represents and warrants that (i) it has the necessary authority to enter into and perform the Contract in accordance with its terms; and (ii) all information provided to Seller is true and accurate. Buyer acknowledges that, in connection with to the provision of the Products under the Contract, Seller is relying on the information provided to Seller by Buyer.
8) Reviews and Comments
(a) Anything that Buyer submits or post to the Website and/or provides Seller, including without limitation ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and Seller shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the Seller’s sole and exclusive property and shall not be returned to Buyer.
(b) In addition to the rights applicable to any Submission, when Buyer post comments or reviews to the Website, Buyer also grants Seller the right to use the name that Buyer submits with any review, comment, or other content, if any, in connection with such review, comment, or other content. Buyer represents and warrants that Buyer owns or otherwise controls all of the rights to the reviews, comments and other content that Buyer posts on this Website and that use of Buyer’s reviews, comments, or other content by Seller will not infringe upon or violate the rights of any third-party. Buyer shall not use a false e-mail address, pretend to be someone other than himself, herself or itself, or otherwise mislead Seller or third parties as to the origin of any Submissions or other content. Seller may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any or no reason.
9) Third Party Links
In an attempt to provide increased value to our visitors, Outagami Vape 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 Outagami Vape, Outagami Vape has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Outagami Vape. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Outagami Vape seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
10) Prohibited Use of Site
In addition to other prohibitions as set forth in the Contract, Buyer is 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. Seller reserves the right to terminate Buyer’s use of the Website or any related website for violating any of the above prohibited uses.
You agree to indemnify, defend, and hold harmless Outagami Vape, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
12) Force Majeure
Seller shall not be liable, and performance shall be deemed extended, for delays or failure to perform directly or indirectly resulting from events and causes beyond its commercially reasonable control, including, but not limited to, accidents, acts of God, acts and omissions of any governmental authority, declared or undeclared wars, terrorism, explosions, strikes or other labor disputes, fires and natural calamities, including floods, hurricanes, earthquakes, storms and epidemics, changes in the law, and delays in obtaining (or the inability to obtain) labor, materials or services through usual sources at normal prices. If Products, or labor, materials or services for producing Products, are not available through Seller’s usual sources at normal prices, as determined in Seller’s sole discretion, then Seller may (a) allocate its supplies among its customers, including those not under contract, in any reasonable manner without liability to Buyer, or (b) terminate unilaterally and without recourse by Buyer, any affected Product orders.
In connection with the offer for sale and the sale of Products to Buyer, Seller may disclose to Buyer, or the Buyer may otherwise be exposed to, confidential business information and certain trade secrets of the Seller, including without limitation prices of Products, technical data, and methods of business operations (collectively, “Confidential Information”). Buyer shall maintain the confidentiality of the Confidential Information and not to disclose, or permit to be disclosed, any of the Confidential Information to third parties and not to disclose, use or permit to be disclosed any Confidential Information for any purpose unrelated to the sale of the Product pursuant to the Contract.
All trademarks, service marks and trade names of Outagami Vape used in the site are trademarks or registered trademarks of Outagami Vape.
Without limiting Seller’s other rights and remedies available under the Contract, applicable law, or in equity, Seller may terminate the Contract without recourse by Buyer, or suspend performance and delivery under the Contract without recourse by Buyer, if: (a) there is a change in the control or management of Buyer; (b) Buyer ceases to conduct its operation in the normal course of business; (c) Buyer becomes insolvent or files for bankruptcy or has a bankruptcy proceeding filed against it; (d) Buyer makes an assignment for the benefit of creditors, or a receiver, trustee in bankruptcy or similar officer is appointed to take charge of all or part of Buyer’s property; or (e) Buyer fails to perform or observe any of its obligations to Seller under the Contract or under other existing or future contracts between Seller and Buyer or otherwise, including payment of any purchase price, fees or charges as and when due.
16) Limitation of Liability
Outagami Vape 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 site or the performance of the products, even if Outagami Vape 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.
Outagami Vape may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Outagami Vape.
WHEN WILL YOU SHIP MY ORDER?
New Outagami Vape memberships begin processing immediately upon sign up, and your first Outagami Vape will leave our warehouse shortly after (usually between 1-2 business days).
OUR REFUND AND RETURN POLICY
We are committed to providing the best service possible. If you feel that our service was not what you expected, please contact us at firstname.lastname@example.org and you’re your item to: 1494 305th Street, Tama, Iowa 52339. We will work with you to correct the situation. We only replace items that are defective or damaged. Depending on the situation, this may or may not result in a full refund.
Terms Status and Updating
Outagami Vape reserves the right to update these terms with or without notice. In all cases, the current most terms and conditions of use shall be construed as the governing policy.
Many products available from Outagami Vape contain nicotine which is a poisonous and addictive substance. Electronic Cigarettes are intended for use by existing smokers of legal smoking age and should not be used by children, women who are pregnant or may become pregnant, or anyone with pre-existing medical conditions without first consulting your doctor. Electronic Cigarettes are not meant to cure, treat, or prevent any illness or disease. Outagami Vape products are intended to be used as a tobacco alternative. These products are not marketed as smoking cessation, nor have they been tested as such. Keep out of reach from children & pets.
Outagami is a brand sold under Big River Trading Company, a wholesaler and distributor of Native American goods. Big River Trading is a subsidiary company under Meskwaki, Inc. which is tribally-owned and runs under tribal law and policies.