Terms & conditions

OVERVIEW

This website is operated by HOOSH AMERICA («we», «us», «our»). By accessing this site or purchasing products, you agree to these legally binding Terms of Service («Terms»), including all referenced policies.

CRITICAL PRODUCT NOTICE:

Our products (including tobacco alternatives) are subject to strict federal, state, and local regulations. Certain items may be illegal in your jurisdiction. You are solely responsible for verifying product legality BEFORE ordering. Orders shipped to restricted areas (e.g., banned states/countries) will be canceled without refund.

SECTION 1 – ONLINE STORE TERMS

  1. You represent that:
    • You are at least 18 years old (federal minimum age for tobacco/nicotine products).
    • You will not use products for illegal purposes (including violating local vaping bans).
  2. Minors (under 18) are strictly prohibited from purchasing.
  3. No viruses/malware may be transmitted through our Service.
  4. Violations result in immediate service termination.

SECTION 2 – GENERAL CONDITIONS

  1. We reserve the right to refuse service.
  2. Non-credit card content may transfer unencrypted; credit card data is PCI DSS compliant and encrypted.
  3. Commercial use (resale, scraping, bots) requires written permission.
  4. Added Prohibitions:
    • Using bots/scalping tools for purchases
    • Illegal resale/export across jurisdictions
    • Product tampering (e.g., refilling disposables)

SECTION 3 – ACCURACY OF INFORMATION

Information is for general reference only. We may update content without notice. You assume all reliance risks.

SECTION 4 – MODIFICATIONS TO SERVICE & PRICES

Prices/services may change without notice. No liability for modifications.

SECTION 5 – PRODUCTS OR SERVICES

  1. Health & Safety Disclaimer:
    «Products may pose health risks ( can contain Nicotine). Consult a healthcare professional before use. We disclaim all liability for health effects or misuse.»
  2. Battery Safety Warning:
    «Do not expose batteries to heat/puncture. Use only approved chargers. Misuse voids warranty.»
  3. Product colors/images may vary.
  4. International Orders: Buyers assume all customs/duties risks.

Restocked Items: Limited quantities subject to prior sale.

SECTION 6 – ACCURACY OF BILLING

  1. We may refuse/cancel orders (e.g., reseller activity).
  2. Maintain accurate account information.
  3. PCI DSS Compliance: All payments processed securely.

SECTION 7 – OPTIONAL TOOLS

Third-party tools are provided «as-is» without warranties.

SECTION 8 – THIRD-PARTY LINKS

We disclaim responsibility for third-party content/transactions.

SECTION 9 – USER COMMENTS

We may publicly use submitted comments without compensation.

SECTION 10 – PERSONAL INFORMATION

Governed by our Privacy Policy.

SECTION 11 – ERRORS & OMISSIONS

We may correct errors/cancel orders for inaccuracies.

SECTION 12 – PROHIBITED USES

Expanded Prohibitions Include:

  • We may refuse/cancel orders (e.g., reseller activity).
  • Maintain accurate account information.
  • PCI DSS Compliance: All payments processed securely.

SECTION 13 – DISCLAIMER OF WARRANTIES

Service provided «as-is». Liability limited to maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You indemnify us against claims from your Terms violations.

SECTION 15 – SEVERABILITY

If any clause is unenforceable, remainder remains valid.

SECTION 16 – TERMINATION

We may terminate service for violations. Liabilities survive termination.

SECTION 17 – ENTIRE AGREEMENT

These Terms supersede all prior agreements.

SECTION 18 – FORCE MAJEURE (New)

Not liable for delays/cancellations due to: pandemics, natural disasters, wars, or supply chain disruptions.

SECTION 19 – GOVERNING LAW & DISPUTES (New)

  1. Governing Law: Panamenian  law.
  2. Dispute Resolution:
    • Informal negotiation (30 days)
    • Binding arbitration (AAA Rules)
    • Class Action Waiver
  3. Venue: [County, State] courts for injunctive relief.

SECTION 20 – CHANGES TO TERMS

Check this page periodically for updates. Continued use = acceptance.

SECTION 21 – SHIPPING

  1. Address Accuracy:
    • Contact us within 2hrs of order to correct addresses (fee may apply).
  2. Delivery Instructions:
    • «Leave at door» requests assume ALL theft/damage risks.
  3. International: Buyers responsible for customs/duties.

Damaged Goods: Refuse delivery + request courier report.

SECTION 22 – WARRANTY & RETURNS

A. Standard Products:

  • Defect Claims: Report within 14 days of delivery via email.
  • Process: We provide return label → Inspection → Replacement/refund.
  • Limitations:
    • Battery life estimates are approximate.
    • Warranty covers manufacturing defects only.

B. «On Sale» Products:

  • Limited Warranty: 7 days for defects. Battery performance may be reduced.

C. General Returns:

Refunds: Processed in 15 business days.

Unopened products within 14 days (buyer pays return shipping).

SECTION 23 – AGE VERIFICATION (New)

  1. Checkout Verification: Third-party age validation required. Failed verification = canceled order.

Delivery Verification: ID must be presented. Failure = return/no refund.

SECTION 24 – CONTACT INFORMATION

HOOSH AMERICA
[Physical Address – REQUIRED]
Email: [email protected]
Phone: [Optional but recommended]
Response Time: 2-3 business days.

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