Terms & Conditions

Welcome to Fog Smoke & Vape (“we,” “us,” or “our”). By accessing or using the website fogsmokeshopfl.com (the “Site”) and purchasing products from us, you agree to abide by these Terms & Conditions (“Terms”). If you do not agree with any part of these Terms, you must immediately cease using the Site or placing orders.

 

1. Eligibility & Age Requirement

  • You must be at least 21 years old to access or purchase from this Site.
  • By using this Site or placing an order, you represent and warrant that you are 21 years of age or older, and that all registration information you submit is truthful and accurate.
  • We reserve the right to refuse service or cancel orders if we are unable to verify your age or if we believe you are underage.

2. Account Registration & Security

  • To place an order, you may be required to create an account. You agree that the information you provide is accurate and current.
  • You are responsible for maintaining the confidentiality of your password and account.
  • You accept responsibility for all activities that occur under your account (whether authorized or not).
  • If you suspect unauthorized use of your account, you must notify us immediately.

 

3. Products, Compliance & Restrictions

  • We make no representation that all products offered are legal in your jurisdiction. It is your responsibility to ensure that any product you purchase can legally be shipped to and possessed in your state or locality.
  • We reserve the right to refuse to sell or ship any order that, in our sole judgment, is illegal, violates these Terms, or is destined to a prohibited jurisdiction.
  • Some products on this Site may contain nicotine or legally regulated cannabinoids (e.g., Delta-8).
  • Delta-8 products cannot be shipped to the following states: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New York, North Dakota, Rhode Island, Utah, Vermont, Virginia, Washington, West Virginia.
  • Shipments are not permitted to Arkansas, Hawaii, Idaho, Kansas, Louisiana, Oklahoma, Oregon, Rhode Island, Utah, Vermont.
  • By purchasing from us, you acknowledge that you are responsible for compliance with all local, state, and federal laws regarding purchase, possession, and use.

4. Pricing & Product Availability

  • Prices and product availability are subject to change without notice.
  • We attempt to keep inventory and product information accurate, but we do not guarantee availability or pricing accuracy.
  • If an item you ordered is out of stock, we reserve the right to cancel or partially fulfill your order and issue a refund for the unavailable portion.

5. Ordering & Payment

  • By placing an order, you authorize us to charge your selected payment method for the full purchase price, plus any applicable taxes, shipping, or handling charges.
  • Orders are accepted subject to verification of your age, payment authorization, and availability. We may refuse or cancel orders for any reason at our discretion.
  • You may be asked to provide proof of identity or age before shipment. Failure to provide acceptable proof may result in order cancellation or refusal.

6. Shipping & Delivery

  • All shipments are subject to carrier rules and restrictions.
  • Title and risk of loss pass to you when the package is delivered to the carrier.
  • You must ensure that the shipping address is lawful for the item. We are not liable for orders seized, refused, or delayed by carriers, customs, or legal restrictions.
  • In case of refused or unclaimed shipments, additional restocking or reshipment fees may apply.

7. Returns, Refunds & Damaged Goods

  • Due to the nature of our products, returns are typically not allowed, except for defects or damage in transit.
  • You must report any damage or defective item within 48 hours of delivery, with photographic evidence.
  • Upon approval, we may offer a replacement or refund (less shipping/restocking costs).
  • Unauthorized returns will not be accepted.

8. Intellectual Property

  • All content on the Site (text, images, logos, designs, graphics, software) is the property of Fog Smoke & Vape or its licensors and is protected by copyright, trademark, and other intellectual property laws.
  • You may not use, copy, reproduce, distribute, or derive works from such content without our express, written permission.

9. Use of Site; Prohibited Conduct

By using the Site, you agree not to:

  • Violate any applicable local, state, or federal law or regulation;
  • Use the Site for fraudulent or unlawful purposes;
  • Interfere with or disrupt the operation of the Site or servers;
  • Upload or distribute harmful or malicious content (viruses, malware, illegal content);
  • Misrepresent your identity or impersonate others;
  • Use the Site to solicit others for unrelated commercial ventures.

10. Warranty Disclaimer & “As Is”

  • All products and services are provided “as is” and “as available” with no warranties, express or implied.
  • We explicitly disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of content.
  • We do not guarantee that the Site will be uninterrupted, secure, or error free.
  • To the extent permitted by law, Fog Smoke & Vape and its affiliates are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use, inability to use, or purchase of any product.

11. Limitation of Liability

  • In no event shall Fog Smoke & Vape’s total liability to you exceed the amount you paid for the product(s) in question or $5, whichever is less.
  • Some jurisdictions do not limit implied warranties or the recovery of certain damages; in such cases, liability is limited to the maximum extent allowed by law.

12. Indemnification

You agree to indemnify, defend, and hold Fog Smoke & Vape and its officers, directors, employees, agents, licensors, affiliates, and suppliers harmless from and against all claims, damages, liabilities, costs, expenses (including attorneys’ fees) arising from:

  • Your breach of these Terms;
  • Your use of the Site or products;
  • Violation of any law or third-party right;
  • Any content you submit.

13. Third-Party Links & Content

  • The Site may contain links to third-party websites or resources. We do not control and are not responsible for their content, practices, or their terms & policies.
  • Your interactions with third-parties are solely between you and them.

14. Changes to Terms

    • We reserve the right to revise, update, or modify these Terms at any time, in our sole discretion.
    • Changes become effective when posted on the Site, and your continued use constitutes acceptance.
    • You should periodically review this page for updates.

15. Governing Law, Dispute Resolution & Jurisdiction

  • These Terms are governed by the laws of the State of Florida, without reference to its conflict of laws principles.
  • All disputes, claims, or demands relating to these Terms or our products shall be resolved in state or federal courts located in  Florida
  • By using the Site, you consent to exclusive jurisdiction and venue in such courts.

16. Severability & Waiver

  • If any provision is found invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remainder of these Terms shall remain in full force and effect.
  • Our failure to enforce any right under these Terms does not constitute a waiver of that right.

17. Entire Agreement

These Terms, along with our Privacy Policy, Legal Disclaimer, and other posted policies, constitute the entire agreement between you and Fog Smoke & Vape regarding the Site and supersede all prior or contemporaneous understandings or agreements.

18. Contact Information

If you have questions or concerns about these Terms, please contact us:

Fog Smoke & Vape

Email: Fogsmokeleesburg@gmail.com
Address: Lake Harris Square, Win dixie plaza, 27405 US-27 Suite #106, Leesburg, FL 34748