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Terms of Use

Supplier is any person engaged in the business of making a consumer product directly or indirectly available to consumers.

Consumer a buyer of goods for personal use. A buyer of consumer goods for resale is not a consumer.

Contract means the contract between the Supplier and the Consumer for the sale and purchase of Goods incorporating these Terms of Use.

Goods means the articles that the Consumer agrees to buy from the Supplier.

Supplier means OR. Thirty Three (USA)

Terms of Use means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier.

CONDITIONS

Nothing in these Terms of Use shall affect the statutory rights of the Consumer. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Consumers acceptance of these Terms of Use. Any variation to these Terms of Use (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier. Any complaints should be addressed to the Supplier's email address at contact@orthirtythree.com.

ORDERING

All orders for Goods shall be deemed to be an offer by the Consumer to purchase Goods pursuant to these Terms of Use and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.

Where the Goods ordered by the Consumer are not available from stock the Consumer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

AGE OF CONSENT

Where Goods may only be purchased by persons of a certain age the Purchaser will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.

If the Supplier discovers that the Consumer is not legally entitled to order certain Goods, the Supplier shall be entitled to cancel the order immediately, without notice.

AGE VERIFICATION

The Supplier uses a 3rd party age verification system, BlueCheck, to comply with Federal and State law. 

The Tobacco Control Act gave the FDA authority to regulate cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco. The FDA’s Deeming Regulations, effective August 8, 2016, prohibit the sale of all tobacco products (including e-liquids and vaping accessories) to individuals under the age of 18 years old. The regulations state that for every transaction containing "Tobacco Products" the Supplier must verify the Consumer is over 18 years old and must check a photo ID for anyone under the age of 27 years old.

There are additional state specific laws such as the Oregon “Tobacco 21 bill” and the California STAKE Act, which prohibits the sale of all tobacco related products to anyone under the age of 21. 

Age verification is require for every purchase to comply with state and federal regulations. However, after the first verification with BlueCheck, Consumers are recognized on all sites that use BlueCheck and they only need to provide their name and date of birth to complete subsequent verifications. This means Consumers do not have to go through the initial verification process on another business’ site and vice versa.

If you are experiencing problems with the BlueCheck age verification process, please contact help@bluecheck.me for further assistance.

If your age is unable to be verified, an Adult Signature will be needed for delivery.

PRICE AND PAYMENT

The price of the Goods shall be that which is stipulated on the Website. The price is inclusive or exclusive of State Tax. The price includes delivery charges as listed separately.

The total purchase price, including State Tax and delivery charges, if any, will be displayed in the Consumer's shopping cart prior to confirming the order.

After the order is received the Supplier shall confirm by email the details, description and price for the Goods.

Payment of the price plus State Tax and delivery charges must be made in full before dispatch of the Goods.

DELIVERY

The Supplier shall use its reasonable endeavors to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Consumer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

Delivery of the Goods shall be made to the Consumer's address specified in the order and the Consumer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

RIGHT OF SUPPLIER

The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Consumer places an order.

The Supplier reserves the right to withdraw any goods from the Website at any time.

The Supplier shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

LIMITATION OF LIABILITY

Should there be any breach of these Terms of Use by the Supplier the remedies of the Consumer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

WAIVER

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

WEBSITE POSTINGS

OR. Thirty Three reserves the right to edit or delete any content posted on any part of orthirtythree.com at any time by customers or third parties. Statements that reasonably may be interpreted to make therapeutic or "smoking cessation" and similar claims regarding the use of OR. Thirty Three products, or electronic cigarettes generally, are prohibited and will be subject to editing and/or removal from the website. Examples of such statements include statements that electronic cigarettes have helped an individual "quit" smoking traditional cigarettes, have helped reduce nicotine cravings or withdrawal symptoms, or have proven a successful alternative to approved smoking cessation drugs, such as nicotine patches or gums.

FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.

SEVERANCE

If any term or provision of these Terms of Use is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms of Use had been agreed with the invalid illegal or unenforceable provision eliminated.

CHANGES TO TERMS

The Supplier shall be entitled to alter these Terms of Use at any time but this right shall not affect the existing Terms of Use accepted by the Consumer upon making a purchase.

NICOTINE DISCLAIMER

WARNING: This product contains nicotine. Nicotine is an addictive chemical.

OR. Thirty Three makes no claims that the electronic cigarette e-liquid will cure a smoker's addiction to nicotine; the e-liquid we sell serves the same purpose as a tobacco cigarette - they deliver its user nicotine. If you do suffer from the disease of Tobacco/Nicotine Dependence Syndrome and want to take steps to give up smoking or cut down the quantity of cigarettes you currently smoke, we recommend you visit your health care provider to discuss NRT (Nicotine Replacement Therapy) or a nicotine harm reduction program.

Our Privacy Policy can be found here.