Table of Contents
SCAM ALERT: Vapex – The $99 Monthly Rip-off
Did you know that ONE 10ML Bottle of eLiquid is equivalent to 55 packs of traditional cigarettes? No? According to Vapex, their eJuice is!How would you like to pay $99.95 a month, plus shipping, for 40ML of Chinese-made eLiquid? Well, now you can! And it’s simple. Here’s all you need to do.
Sign up for the TryVapex Risk Free (yea, sure) 12-day “evaluation” period, with the moment of your order counting as the official evaluation count down clock. All you pay is just $4.95 when you place your first order, then, 12 days after you’ve placed your order your credit/debit card will be charged $99.95 plus taxing and shipping. 30-days after those 12-days you will once again receive 40ML (4x 10ML bottles and a 5-pack of disposable clearomizers).
If you’re lucky, and you receive the eGo starter kit with enough time left to cancel, you’ll jump through several hoops to do so. You can even keep this eGo starter kit for $49.95, plus taxes and shipping, as long as you’re able to get through to the company and put in writing your reasons you wish to cancel.
Terms
But wait, it gets even better. Vapex claims that the eGo battery (unknown mAh) will last the equivalent of 55 packs of cigarettes! I don’t know about you, but that’s pretty amazing. In addition, the Vapex eLiquid lasts 20 times longer than the competitions eLiquid! I’m telling you, these guys have found the miracle we’ve been waiting for!
2. AUTO SHIPMENTS AND BILLING
2.1 By placing your order you will be receiving a 12-day evaluation of Vapex for the price of $4.95 shipping and handling! Your order will be shipped via USPS Ground and you will receive 1 battery, 1 wall charger, 1 clearomizer (cartomizer that is clear so you can see the amount of liquid you have
remaining), 1 bottle of e-juice (nicotine based liquid). We stand by our satisfaction Guarantee and our friendly customer service. You will also be enrolling into our convenient auto ship program once your evaluation expires. You understand that you are subscribing to a monthly shipment program and you will be charged $99.95 per month starting 12 days from today and every 30 days thereafter unless cancelled and will be receiving a 1 month supply of 1 box of clearomizers (5 packs) and four 10ml bottles of e-juice. You also understand that you can cancel at any time, subject to the provisions of section 3, without further obligation by calling 800.554.5447 Monday – Friday between the hours of 9am-6pm EST. Your transaction will appear on your credit card statement as TRYVAPEX.COM. You will receive your package within 2-4 business days or each payment. Please allow 2-4 Business days for your initial Starter Kit.
2.2 If you cancel during your evaluation period, prior to your first billing cycle, you will be charged $49.95 to keep the Starter Kit. First month’s billing cycle includes $49.95 for the Starter Kit and $50 for the auto shipment (4 bottle of selected E-juice and a 5 pack of clearomizers). This is at a discounted rate for your first month’s supply. Every 30 days thereafter you will be billed the regular price of $99.95 per month for the auto shipment. 2.3 You authorize us to initiate a one-time charge to your credit card, as indicated, upon your purchase, a charge once your evaluation period ends of $99.95 ($49.95 if you choose to cancel and keep the starter kit), and a charge every 30 days thereafter for the auto shipment, unless canceled. This transaction will show on your statement as TRYVAPEX.COM. 3. RETURNS, CANCELLATION AND REFUND POLICY
3.1 REFUND POLICY. You must call Customer Service at 800.554.5447 before any arrangements will be made to issue a refund. Shipping and handling fees are non-refundable. 3.2 RMA (Return Merchandise Authorization) numbers are required for all returns and are available upon request by calling customer service. RMA numbers will be issued within 2 business days. Products must be returned to Vapex, 4525 S 2300 E #100 Salt Lake City, UT 84117, in their original, unopened package within 30 days of shipment. 3.3 Persons with a medical condition, who are pregnant, or have reason to believe they may become pregnant in the next 60 days should not order this product. Refund requests will not be accepted and refunds will not be given for these reasons. You must consult a physician prior to placing an order if you are unsure about whether you can take this product.
The Starter Kit
Your very expensive eGo Starter Kit contains the following products:
1x- 1 battery
1x – wall charger,
1x disposable clearomizer,
1x 10ML bottle of e-juice (nicotine based liquid).
The Scam
How many people will fall for this scam? Too many. We see it much too often, and we will keep on seeing it until the government steps in and demands these companies reveal the real terms of these scams.
By singing up for this ridiculous program you will pay more than $100 a month for 40ML of cheap eLiquid and a 5-pack of cheap knock-off clearomizers.
Please pass this Scam Alert around to anyone you know who might be tempted to sign up, who might not look at the Terms and Conditions, which they do a great job of hiding the link. In order to stop these awful scams we need to educate smokers and Vapers about the real cost of these products, and how they can obtain quality products for a FRACTION of the price these people want to rip you off for.
In this single web page, tryvapex.com they list 2 different addresses.
Vapex 4525 S 2300 E #100 Salt Lake City, UT. 84117
Vapex 197 East 800 North Bountiful, UT. 84010
CUSTOMER SERVICE: 800.554.5447
Terms & Conditions of Sale (“Conditions”)
IMPORTANT DISCLAIMER: If you are under the age of 18 (or under the age of 19 and you live in Alabama, Alaska, New Jersey, Utah and New York) please leave this Site immediately. By entering this Site, you represent that you are at least 18 years of age, or 19 in those jurisdictions mentioned above. PLEASE NOTE that IF YOU ARE A RESIDENT OF OREGON, YOU MAY NOT PURCHASE THE PRODUCT. The Product is not intended as a “stop smoking” or “quit smoking” device; instead the Product provides an alternative to smoking by supplying nicotine through a personal atomizing device. Nicotine, even in low doses, can have a number of potentially harmful side effects. The Product should not be used by anyone under the age of 18 or anyone who is pregnant, nursing, or breastfeeding. Information and statements regarding product have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
1. SCOPE & APPLICATION
1.1 You expressly agree and accept the Conditions set forth herein unconditionally as a binding contract (“the Agreement”) enforceable by law. The following are the terms and conditions of purchase of dba on this Site, all such references to Products shall be (“Product”). “Customer”, “I”, “You” or “Your” refers to you. “Site” means this World Wide Website located at this URL . Vapex (“We”, “Us” or “Our”) reserves the right to amend this Agreement from time to time. It is agreed that any such amendment will apply to Customer and does not require notification by Vapex. 2. AUTO SHIPMENTS AND BILLING 2.1 By placing your order you will be receiving a 12 day evaluation of Vapex for the price of $4.95 shipping and handling! Your order will be shipped via USPS Ground and you will recieve 1 battery, 1 wall charger, 1 clearamizer (cartomizer that is clear so you can see the amount of liquid you have remaining), 1 bottle of e-juice (nicotine based liquid). We stand by our satisfaction Guarantee and our friendly customer service. You will also be enrolling into our convenient auto ship program once your evaluation expires. You understand that you are subscribing to a monthly shipment program and you will be charged $99.95 per month starting 12 days from today and every 30 days thereafter unless cancelled and will be receiving a 1 month supply of 1 box of clearamizers (5 packs) and four 10ml bottles of e-juice. You also understand that you can cancel at any time, subject to the provisions of section 3, without further obligation by calling 800.554.5447 Monday – Friday between the hours of 9am-6pm EST. Your transaction will appear on your credit card statement as TRYVAPEX.COM. You will recieve your package within 2-4 business days or each payment. Please allow 2-4 Business days for your inital Starter Kit.
2.2 If you cancel during your evaluation period, prior to your first billing cycle, you will be charged $49.95 to keep the Starter Kit. First month’s billing cycle includes $49.95 for the Starter Kit and $50 for the auto shipment (4 bottle of selected E-juice and a 5 pack of clearomizers). This is at a discounted rate for your first month’s supply. Every 30 days thereafter you will be billed the regular price of $99.95 per month for the auto shipment. 2.3 You authorize us to initiate a one-time charge to your credit card, as indicated, upon your purchase, a charge once your evaluation period ends of $99.95 ($49.95 if you choose to cancel and keep the starter kit), and a charge every 30 days thereafter for the auto shipment, unless canceled. This transaction will show on your statement as TRYVAPEX.COM. 3. RETURNS, CANCELLATION AND REFUND POLICY
3.1 REFUND POLICY. You must call Customer Service at 800.554.5447 before any arrangements will be made to issue a refund. Shipping and handling fees are non-refundable. 3.2 RMA (Return Merchandise Authorization) numbers are required for all returns and are available upon request by calling customer service. RMA numbers will be issued within 2 business days. Products must be returned to Vapex, 4525 S 2300 E #100 Salt Lake City, UT 84117, in their original, unopened package within 30 days of shipment. 3.3 Persons with a medical condition, who are pregnant, or have reason to believe they may become pregnant in the next 60 days should not order this product. Refund requests will not be accepted and refunds will not be given for these reasons. You must consult a physician prior to placing an order if you are unsure about whether you can take this product.
4. DISPUTE RESOLUTION
4.1 You expressly agree to submit in writing any objection regarding credit card charges to:
Vapex 4525 S 2300 E #100 Salt Lake City, UT. 84117
Corporate Address:
Vapex 197 East 800 North Bountiful, UT. 84010
4.2 Vapex, in its sole discretion, shall determine the validity of Your objection and notify You of its decision. Should You disagree with the decision, You agree to mediate the dispute before litigation.
4.3 You will be held responsible for any losses incurred as a result of Your failure to comply with any provision in this Agreement.
5. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
5.1 Any prices, quotations and descriptions made or referred to on this Site are subject to availability and may be withdrawn or revised at any time prior to our express acceptance of Your order (as described below).
5.2 While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject Your order (without liability) if We are unable to process or fulfill it. If this is the case, We will refund any prior payment that you have made for that item.
5.3 Prior to such acceptance, an automatic e-mail acknowledgement of Your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of Your order.
5.4 Our acceptance of Your order takes effect and the contract concluded at the point where We dispatch Your order and accept Your credit card (“Acceptance”).
5.6 We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide You with copies on written request; however You must make sure you print a copy of all such documents and these Conditions for your own records.
6. YOUR REPRESENTATIONS
6.1 You represent that the information provided by You when placing Your order is up-to-date, materially accurate, and is sufficient for Us to fulfill your order. You are responsible for maintaining and promptly updating Your account information with Us for accuracy and completeness and keeping such information (and any passwords given to You for the purposes of accessing the Site and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to Your purchase only extend to You on the understanding that You are a user and not a reseller of the Product.
6.2 No warranty, commitment or any other obligation should ever be assumed by You on Our behalf or on behalf of a Product manufacturer, licensor or supplier without Our express prior written consent.
6.3 Prices payable for the Product are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed. Prices may be indicated on the Site or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to You on Our Acceptance.
6.4 We have the right at any time prior to Our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify You of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfillment of the order, You acknowledge that the Product or Service will be provided in accordance with such revised description or corrected price.
6.5 The places that we deliver to are listed on the Site (“Territory”). Unless otherwise specified, prices quoted are: exclusive of the costs of shipping or carriage to the agreed place of delivery within the Territory (charges for which are stated on the Site); and exclusive of VAT and any other tax or duty which (where applicable) must be added to the price payable.
6.6 You agree to pay for taxes, shipping or carriage of Products as such costs are specified by Us on the Site when You submit Your purchase order. Payment shall be made prior to delivery and by such methods as are indicated on the Site (and not by any other means unless we have given our prior agreement).
6.7 We will charge credit or debit cards priori to the dispatch of the Product or commencement of Services.
7. DELIVERY
7.1 Delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only. While We endeavor to meet such timescales or dates, We do not undertake to dispatch Products and/or commence Services by a particular date or dates and shall not be liable to You in respect of delays or failure to do so.
7.2 Delivery shall be to a valid address within the Territory submitted by You and subject to Acceptance (“Delivery Address”). You must check the Delivery Address on any acknowledgement or acceptance We provide and notify Us without delay of errors or omissions. We reserve the right to charge You for any extra costs arising from changes You make to the Delivery Address after You submit an order.
7.3 Except to the extent required as a result of any mandatory rights You have as a consumer under applicable law, You shall not be entitled to reject the Products in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery or non-delivery unless You notify us in writing of any claim within 7 days of the latest of the date of receipt of the relevant invoice or delivery whereupon You shall pay for the quantity actually delivered.
8. REJECTION, DAMAGE OR LOSS IN TRANSIT
8.1 Except as set out above and subject to any rights You have under applicable law that cannot be excluded or limited by these Conditions:
8.1.1 We shall not be liable and You shall not be entitled to reject Products or Services, except for: (a) damage to or loss of Products or any part thereof in transit (where the Products are carried by Our own transport or by a carrier on Our behalf) where notified to Us within 5 working days of receipt of the Products; (b) defects in Products (not being defects caused by any act, neglect or default on your part) notified in writing to Us within 30 days of receipt of the Products.
8.1.2 We shall not be liable for any damage or losses arising from the use of the Products in connection with other defective or unsuitable Products; Your negligence; improper use or use in any manner inconsistent with the manufacturer’s specifications or instructions.
8.1.3 Where these is a shortage or failure to deliver, or any defect in or damage to a Product or Service, We may at our option: (a) (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery; and/or (b) in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and/or (c) in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy: (i) replace or repair the Product upon You returning the Product; or (ii) refund the price paid in respect of any Products found to be damaged or defective.
9. LIABILITY LIMITATION
9.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE (1) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED AND THAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES AND (2) WE SHALL NOT BE LIABLE FORSPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
9.2 Vapex, in its sole discretion, shall not be liable for a chance occurrence or unavoidable or uncontrollable accident beyond either parties control that prevents our ability to fulfill obligations under the contract.
10. WARRANTY “AS IS” IN GENERAL – WITHOUT REGARD TO SEPARATE WARRANTY STATEMENTS PACKAGED BY THE MANUFACTURER WITH THE PRODUCTS.
10.1 All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by Us are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same. You must refer to the manufacturer’s specifications or warranty documentation to determine Your rights and remedies in this regard.
10.2 Your rights of repair or replacement of any Products or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where:
10.2.1 Products have been repaired or altered by persons other than the manufacturer, Us or any authorized dealer; and/or
10.2.2 Defective Product or Products have not been returned together with full details in writing of the alleged defects within 30 days from the date on which such Products were delivered; and/or
10.2.3 Defects are due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any manufacturers’ instructions or other directions issued or made available by Us in connection with the delivered Products.
10.3 EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION 11, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE CONDITIONS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.
11. CONSENTS, CUSTOMS DUTIES & EXPORT
11.1 If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Products by You, You shall obtain such license or consent at Your own expense and if necessary produce evidence to us on demand. Failure so to do shall not entitle You to withhold or delay payment of the price. Any additional expenses or charges incurred by Us resulting from such failure shall be met by You.
11.2 Products licensed or sold to You under these Conditions may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where You take delivery or use them. You shall be responsible for complying with those laws and will not do anything to breach them.
11.3 Items entering the European Economic Area (EEA) from outside over a certain value may be subject to customs charges (e.g. where costs are in excess of your personal import allowance). You may be subject to customs charges, import duties and taxes, levied when the Product reaches Your specified destination. Any such additional charges for customs clearance or import duties or taxes must be met by You, since We have no control over what these charges are. You should contact the local customs office in the relevant jurisdiction for further information on customs policies or duties.
12. NOTICES
12.1 Any notice or other communications in relation to Our contract may be given by sending the same by hand delivery, pre-paid post, or e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received:
12.1.1 In relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter);
12.1.2 If posted, 5 working days after the date of posting;
12.1.3 If sent by email, on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of 48 hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
13. PERSONAL INFORMATION AND YOUR PRIVACY
13.1 We will observe applicable data protection laws and will not use information that does or can be used to personally identify You (“Personal Data”) other than as set out in Our Privacy Policy (“Privacy Policy”). By submitting Your Personal Data in relation to Your order, You consent to such Personal Data being processed to fulfill Your order and in accordance with such Privacy Statement.
14. GENERAL
14.1 You shall not assign, transfer, charge or make over or purport to assign transfer charge to make over Your rights under these Conditions. Any purported assignment shall be null and void.
14.2 We shall not be liable to You nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of Us being prevented, hindered or delayed in the performance by reason of any circumstances beyond Our reasonable control including (but not limited to) any act of God, war, terror, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power, Internet communications, or materials and in such event we may elect to cancel Your order and refund any payments made.
14.3 You acknowledge that these Conditions supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us. These Conditions prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. To the fullest extent permitted under applicable law, We reserve the right to modify these Conditions without prior written notice.
14.4 No relaxation, forbearance, delay or indulgence by either You or Us in enforcing any of these Conditions or the granting of time by either party to the other shall prejudice or restrict such rights and powers.
14.5 No waiver of any term or condition of these Conditions shall be effective unless made in writing and signed by Us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach or condition.
14.6 If for any reason We determine or a court of competent jurisdiction finds that any provision or portion of these Conditions to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction:
14.6.1 These Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application; and
14.6.2 In the relevant jurisdiction, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect.
15. GOVERNING LAW
15.1 The construction validity and performance of these Conditions shall be governed by Arizona Law and You agree to submit to the exclusive jurisdiction of the Arizona Courts, in the event of legal proceedings arising from any dispute; The language of any dispute resolution procedure or any proceedings will be English.
16. DISCLAIMER
16.1 VAPEX makes no claims what so ever that electronic cigarette will cure a smoker’s addiction to nicotine; the electronic cigarette products sold by VAPEX serve the same purpose as a tobacco cigarette. It delivers its user nicotine through inhalation and nothing more. 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 products are intended & marketed ONLY as a recreational alternative to tobacco cigarettes. E-cigarettes are tobacco products derived from natural tobacco plant & have not been clinically proven as a smoking cessation device.
VAPEX Electronic Smoking Products such as e cigarettes are not a smoking cessation products and have not been tested as such. VAPEX Electronic Cigarette and Electronic Smoking Accessories products and statements have not been evaluated by the Food and Drug Administration. These statements and VAPEX – E cigarette, and e smoking accessories products are not intended to diagnose, treat, cure or prevent any disease or offer therapeutic benefits.
Vapex 197 East 800 North Bountiful, UT. 84010
CUSTOMER SERVICE : 800.554.5447
