Terms & Conditions
PLEASE 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.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of NicBase. The collective work includes works that are licensed to NicBase. Copyright 2015, NicBase ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with NicBase or purchasing NicBase 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 the different areas of the site solely for your own non-commercial use, or to place an order with NicBase or to purchase NicBase products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by NicBase. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of NicBase used in the site are trademarks or registered trademarks of NicBase.
Warranty Disclaimer (Returns & Exchanges)
- There will be no refunds once an order has shipped (except where noted below.) To stop the shipment of an order and request a refund, please call us at (407) 288-8438.
- The default warranty period for ALL products is 15 Days unless specified elsewhere below or on our website.
- Please check your products when you receive them. The warranty period expires whether you open the product or not.
- 30 Day warranty on Flavorless Liquid Nicotine Solutions (see Flavorless Liquid Nicotine Solutions below)
- Returns/exchanges will not be sent until warranted items are received and inspected.
- Return/Exchange shipping fees are the customers expense and will not be refunded or credited.
Products that meet the original manufacturing specifications, are functional, are not sold by NicBase, or determined to be damaged through misuse/neglect, or out of warranty will be sent back without exchange.
Any eligibility for refunds and/or exchanges is limited to products that have been determined to have manufacturing defects. Products that are damaged through misuse, abuse, neglect or improper storage are not eligible for refunds/exchanges.
Shipping fees for all sales are non-refundable.
A 15% re-stocking fee may apply to exchanged items unless the reason for exchange was determined to be a fulfillment error (see Fulfillment Errors below)
Flavorless Liquid Nicotine Solutions
All Flavorless (no concentrated flavoring added) nicotine liquid & carrier base (PG & VG) products have a 30-day satisfaction guarantee. If you are unsatisfied for any reason with our Liquid Nicotine Solutions, please give us a call at (407) 288-8438 so we can address your concerns and resolve any issues you may be experiencing. Please note: Multiple items of the same product must still have their seal in-tact and without evidence of tampering in order to qualify for a refund/exchange under this guarantee. We understand that you must open one (i.e. 1L of 40L) in order to determine if the product is acceptable. Since all of the products are made in the same batch, there is no need to open every container. ONLY containers (except one of the lot) that have their seals in-tact and are free of evidence of tampering (peeled, punctured, replaced) will be replaced/refunded.
Fulfillment Errors & Omissions
Please inspect your order immediately upon receipt. You have 15 days after the receipt of your order to request fulfillment corrections to any mistakes made by NicBase in the processing of your order.
Requests for order fulfillment corrections made after 15 days from the date the carrier shows your order has been delivered will NOT be accepted. If NicBase has made a mistake in fulfilling your order, please contact us at (407) 288-8438 so we can correct the issue and send (at our expense) the missing/correct items or refund your purchase price for the correct item.
Limitation of Liability
NicBase 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 NicBase 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.
Sales to Minors
NicBase does not sell tobacco products nor will we not knowingly sell any nicotine related products to any person under the age of 21. NicBase is not responsible for the sale of any product on its website to a minor if the minor purchases products on this website using a credit card, debit card or any other account of a guardian or other person of legal age to purchase this product or if the purchase is made by any other means in an attempt to bypass this term and condition. By using this site and purchasing this product, you affirm that you are at least 18 years of age or older or are of legal age to purchase products found on this website in the country/state/province of your residence.
All orders placed with NicBase for fulfillment will be processed in the order they are received. Orders usually ship earlier than the estimated time but factors such as holidays, weekends, etc may impact your actual date of receipt. If priority, express or other similar shipping methods are offered during checkout; please be advised that the upgraded shipping method does NOT expedite the processing of your order. We may offer in the future, at our discretion, the ability to have your order expedited for an additional fee.
ALL orders are shipped FOB Destination from our Minnesota facility with freight pre-paid to your destination. NicBase rescinds, and you accept, all risk of loss and title for all products and/or merchandise ordered from NicBase when your shipment is turned over to the carrier for processing.
Immediately upon shipment processing, an automated email will be sent to you providing the tracking number and carrier of your order. It is your responsibility to address all losses, damages, questions or concerns with the carrier once your product leaves our facility and is traceable via the tracking number provided unless you have purchased shipping insurance with your order.
Our shipping insurance product (available for purchase on each order) covers lost (undelivered) packages and damaged packages but does not cover packages that show delivered by the carrier except in some circumstances. If you purchase shipping insurance, then simply contact us by phone or create a support ticket and upload your photo's of the damage along with your order number or tell us the order number and a brief statement of the tracking status if the package is lost. We will then start the claims process and re-ship or refund your order within 1-2 business days (or as soon as possible depending on available stock.)
Taxes and Fees
NicBase is based in and operates in Minnesota solely as an eCommerce company with ALL sales initiating from the internet. As a Minnesota based company, we are currently required to collect Minnesota State Sales Tax on all Minnesota customers only. It you live outside of the United States, it is your responsibility to pay all sales & use taxes, VAT, duties & customs handling fees (if applicable & billed.)
In the event that a NicBase product is mistakenly listed at an incorrect price, NicBase reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. NicBase reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, NicBase shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by NicBase without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NicBase 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 NicBase.
Your use of this site shall be governed in all respects by the laws of the state of Minnesota, 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 site (including but not limited to the purchase of NicBase products) shall be in the state or federal courts located in Orange County, Minnesota. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of NicBase products) must be commenced within one (1) year after the claim or cause of action arises. NicBase' 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. NicBase may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a NicBase or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
NicBase does not and cannot review all communications and materials posted to or created by users accessing the site, 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 site, NicBase 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 site. However, NicBase 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 right of another or (d) offensive or otherwise unacceptable to NicBase in its sole discretion.
You agree to indemnify, defend, and hold harmless NicBase, 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.
In an attempt to provide increased value to our visitors, NicBase may link to sites operated by third parties. However, even if the third party is affiliated with NicBase, NicBase has no control over these linked sites, all of which have separate privacy and data collection practices, independent of NicBase. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, NicBase 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).