Terms and Conditions

OVERVIEW

This website is operated by CloudMisst. Throughout the site, the terms “we”, “us” and “our” refer to CloudMisst. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).

SECTION 1 - AGE VERIFICATION & LEGAL COMPLIANCE

1.1 Strict Age Limit: You must be at least twenty-one (21) years of age to purchase any products from this website. By using this site, you represent that you are at least 21 years old. 1.2 Verification: In accordance with the PACT Act, we utilize third-party age verification systems to confirm your identity and age. You may be required to upload a copy of your government-issued ID. 1.3 Falsification: Providing false information to circumvent age verification is a violation of federal law and will result in immediate termination of your account and cancellation of any pending orders.

SECTION 2 - PRODUCTS & NICOTINE WARNING

2.1 Health Warning: Many products sold on this site contain nicotine. Nicotine is an addictive chemical. Our products are not intended to diagnose, treat, cure, or prevent any disease. 2.2 Product Use: You agree that the products purchased are for personal use only and not for resale or distribution to minors. 2.3 Product Descriptions: We strive for accuracy, but we do not warrant that product descriptions, colors, or other content are error-free.

SECTION 3 - COMPLIANCE WITH LOCAL LAWS

3.1 Buyer Responsibility: Vaping laws vary by state and municipality. It is your responsibility to ensure that the products you order are legal in your jurisdiction. 3.2 Flavor Bans & Restrictions: CloudMisst reserves the right to cancel orders destined for states or cities where specific products (e.g., flavored e-liquids) are prohibited by law.

SECTION 4 - BILLING & PAYMENT

4.1 Accuracy: You agree to provide current, complete, and accurate purchase and account information for all purchases. 4.2 High-Risk Transactions: Due to the nature of our industry, your bank may flag your transaction. We reserve the right to request additional verification or cancel orders that appear fraudulent.

SECTION 5 - SHIPPING & ADULT SIGNATURE

5.1 PACT Act Compliance: All shipments require an Adult Signature (21+) with valid photo ID upon delivery. No exceptions. 5.2 Shipping Carriers: We comply with all federal regulations regarding the transit of vapor products. This may limit the shipping carriers available for your location.

SECTION 6 - LIMITATION OF LIABILITY

6.1 No Warranty: The service and all products are provided 'as is' and 'as available' for your use. 6.2 Liability Cap: In no case shall CloudMisst, our directors, officers, or employees be liable for any injury, loss, claim, or any direct, indirect, incidental, or punitive damages of any kind, including, without limitation, those resulting from the use or inhalation of any products purchased through the site.

SECTION 7 - GOVERNING LAW

These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of the State of [Insert Your State of Registration, e.g., Delaware/California] and the federal laws of the United States.

SECTION 8 - CHANGES TO TERMS OF SERVICE

We reserve the right to update, change, or replace any part of these Terms at any time. It is your responsibility to check our website periodically for changes.

Important Implementation Steps for CloudMisst:

  1. Fill in the Bracketed Info: Be sure to replace [Date] and [Insert Your State] in the text above.

  2. The "I Agree" Checkbox: On your Shopify store, do not just link these terms in the footer. For a US-based vape shop, it is highly recommended to have an "I agree to the Terms and Conditions and certify I am 21+" checkbox at the checkout or on the cart page.

  3. Third-Party Verification: Since you are US-based, you must use an app like AgeChecker.net or BlueCheck. This protects you from the FDA and ensures your terms are actually being enforced.

  4. Sales Tax: As a US entity, remember that many states now require you to collect Excise Tax on vapor products. Make sure your Shopify Tax settings are configured for your specific state.

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