Shipping

Shipping & Handling Policy

Last Updated: January 28, 2025

By placing an order with Zmarksthespot (“we,” “us,” or “our”), you acknowledge and agree to the terms of this Shipping & Handling Policy (“Policy”). You further agree to abide by all applicable local, state, and federal laws and regulations regarding the purchase, shipment, and use of products obtained through Zmarksthespot. Zmarksthespot makes no representations or warranties regarding the legality of any product in any specific jurisdiction and shall not be held liable for any non-compliance with relevant laws on the part of the customer.

1. Order Processing & Tracking

1. Order Fulfillment
   

• We strive to process and ship orders within 24 hours of placement. During peak seasons or high-demand periods, processing may extend to 72 hours.

• A tracking email will be provided once the order has been processed and prepared for shipment.

2. Delivery Estimates
   

• Estimated delivery times shown at checkout do not include weekends or U.S. federal holidays. They are approximations only and do not constitute a guarantee of delivery within the stated timeframe.

3. Two-Step Shipping (If Applicable)
   

• Certain addresses—especially those in the Midwest or Eastern U.S.—may require a two-step shipping process for regulatory or logistical reasons. If so, detailed information will appear at checkout.

2. Shipping Coverage & Restrictions

1. Domestic Shipping Only
   

• Zmarksthespot currently ships exclusively within the United States. We do not offer international shipping at this time.

2. Restricted Areas & Compliance
   

• We reserve the right to refuse or cancel orders destined for areas where shipment of vape or nicotine products is prohibited or restricted.

• It is your sole responsibility to be aware of the laws in your jurisdiction before placing any order.

• If any portion of an order is found to violate local laws, we may cancel and refund the entire order or remove restricted items at our discretion.

3. Liability Disclaimer
   

• By placing an order, you warrant and represent that you are legally permitted to purchase, possess, and use the items in your jurisdiction. Zmarksthespot shall not be liable for any legal consequences arising from the purchase or use of products in any locality where such activities are regulated or prohibited by law.

3. Adult Signature Requirement

1. Federal Law Compliance (21+)
   

• Pursuant to federal regulations, all shipments containing vape- or nicotine-related products require an Adult Signature (21+). Recipients must present a valid, government-issued photo ID at delivery.

2. Additional Charge
   

• A $7 Adult Signature fee will be added at checkout for all applicable orders.

• We do not ship to P.O. Boxes; a physical address where an adult is available to sign is required.

4. Shipping & Handling Timelines

1. Processing Period
   

• Orders typically take 24–72 business hours to process. During high-volume periods, processing may take up to five (5) business days.

2. Transit Times
   

• Western U.S.: 5–20 business days (estimated)

• Midwest/Eastern U.S.: 1–5 business days (estimated)

3. These timelines are estimates and may vary due to holidays, severe weather, or carrier delays.
   

4. Operational Hours
   

• Our fulfillment team operates Monday through Friday, 8:00 AM – 4:00 PM PST, excluding major U.S. federal holidays.

• Orders placed after 4:00 PM PST or on weekends/holidays will begin processing the next business day.

5. Returned, Undeliverable & Refused Shipments

1. Incorrect or Incomplete Address
   

• If a shipment is returned due to an incorrect or incomplete address provided by the customer, Zmarksthespot is not responsible for additional shipping fees or delayed delivery.

• We may refund the product cost less any shipping fees incurred.

2. Adult Signature Failures
   

• If the carrier is unable to obtain the required adult signature and the shipment is returned, Zmarksthespot reserves the right to deduct a $14 restocking fee from the refund.

• Any reshipment, if approved, will require additional shipping fees and is solely at our discretion.

3. No Obligation to Reship
   

• We are not obligated to reship returned items. If we choose to do so, we will only proceed after receiving and inspecting the returned package.

6. Delays, Carrier Errors & Lost Packages

1. Carrier Responsibility
   

• Once a package leaves our facility, the carrier assumes responsibility for delivery. Zmarksthespot is not liable for any loss, damage, or delay caused by the carrier.

• If a package shows no movement for more than 48 hours, please contact the carrier directly for assistance.

2. Marked as Delivered
   

• If the carrier marks the package as delivered but you cannot locate it, you must file a claim with the carrier. Zmarksthespot is not liable for items reported as delivered.

3. Address Accuracy
   

• Customers are responsible for providing accurate shipping addresses. We disclaim any liability for issues arising from incorrect or incomplete address submissions.

7. State & Local Regulations: Disposable, Flavored, and Regular Vapes

7.1 Disposable Vape Restrictions

The following jurisdictions, among others, have enacted bans or strict regulations on disposable (single-use) vaping devices. As of January 28, 2025, notable restrictions or bans apply in:

• California (certain counties and cities, including statewide flavored product bans)

• Massachusetts (broad bans on flavored products)

• New York (ban on flavored e-cigarettes, includes disposables)

• New Jersey (statewide ban on flavored vapor products, includes disposables)

• Rhode Island (ban on flavored e-cigarettes, includes disposables)

• San Francisco, CA (ban on all e-cigarettes not approved by the FDA)

7.2 Flavored Vape Restrictions

Numerous states and municipalities prohibit the sale of flavored e-liquids and vaping products. Current key restrictions exist in:

• California, Massachusetts, New Jersey, New York, Rhode Island, Washington D.C., Chicago (IL), and San Francisco (CA).

Any flavored products (including disposable devices containing flavors) may be removed from orders shipping to these regions.

7.3 Regular (Non-Flavored) Vape Products

Certain jurisdictions also impose shipping bans or heavy regulations on all vape products, including non-flavored items. These include but are not limited to:

• Arkansas, Maine, Oregon, Utah, Vermont

• Anchorage (AK)

• Other city- or county-specific bans may apply within these states.

We make every effort to block or restrict shipments to such regions, but it remains your responsibility to confirm legal requirements before ordering.

7.4 Non-Exhaustive List & Disclaimer

These restrictions are provided for your convenience; they are not comprehensive and may change without notice. By completing a purchase, you agree that you have verified all local regulations pertaining to the products in your order. Zmarksthespot disclaims all liability for orders placed in violation of these or other unknown or newly enacted laws.

7.5 California Orders

• Under California’s STAKE Act, we are required to contact customers via automated phone call after 5:00 PM PST to confirm orders shipping to California.

• All California orders must be sent to the verified billing address on file.

• Flavored or otherwise restricted items will be removed if they violate regional or state regulations.

8. Legal Disclaimer, Indemnification & Limitation of Liability

1. Product Misuse & Liability
   

• Zmarksthespot is not responsible for any harm, damage, or legal ramifications resulting from the misuse, mishandling, alteration, or unauthorized modification of our products. By purchasing from Zmarksthespot, you expressly agree to use products as intended and in full compliance with all product instructions and relevant laws.

• You acknowledge that vaping products contain nicotine (if applicable), which can be addictive or harmful, and that you assume all risks associated with using such products.

2. Indemnification
   

• You agree to indemnify, defend, and hold harmless Zmarksthespot, its officers, employees, agents, affiliates, and suppliers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or relating to:
  (a) your use or misuse of the products,
  (b) your violation of any local, state, or federal law, or
  (c) your breach of this Policy or any other agreement with Zmarksthespot.

3. No Warranty & Limitation of Liability
   

• Products sold by Zmarksthespot are provided “as is” and without any warranties, express or implied, except as explicitly stated by the product manufacturer.

• Zmarksthespot shall not be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to personal injury, property damage, lost profits, or legal fees) arising out of or related to the purchase, use, or inability to use the products, regardless of the theory of liability and even if Zmarksthespot has been advised of the possibility of such damages.

• In no event shall Zmarksthespot’s total liability to you exceed the amount actually paid by you for the product giving rise to the claim.

9. Customer Support

If you have questions, concerns, or need assistance, please contact us:

• Email: diamondxzmarks@gmail.com

• Phone: 407-603-5822

• Hours: Monday – Friday, 8:00 AM – 4:00 PM PST (excluding major U.S. holidays)

By placing an order with Zmarksthespot, you acknowledge that you have read, understood, and agree to abide by this Shipping & Handling Policy. Zmarksthespot reserves the right to modify or update this Policy at any time without prior notice. It is your responsibility to review this Policy periodically and remain aware of any changes.