Terms & Conditions

Last Updated: February 13, 2025 Welcome to ZMarkstheSpot.com. By accessing or using this website, and by placing an order for any product, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must immediately cease using our website and services. These Terms constitute a binding legal agreement between you and ZMarkstheSpot.com ("we", "us", or "our").

1. Eligibility and Legal Compliance You represent and warrant that you are of legal age to purchase vaping products (at least 21 years old within the United States or 18 years old for international customers) and that you are legally permitted to purchase, receive, and use such products in your jurisdiction. It is solely your responsibility to ensure compliance with all applicable federal, state, city, and local laws regarding the purchase, shipment, receipt, and use of our products.

2. Order Acceptance and Product Information All orders placed on ZMarkstheSpot.com are subject to acceptance by us. We reserve the right to cancel any order at our sole discretion, including orders that, after placement, are found to be in violation of these Terms or any applicable law. All product descriptions, images, pricing, and availability are provided for informational purposes only and may change without prior notice.

3. Shipping, Delivery, and Prohibited Jurisdictions ZMarkstheSpot.com ships products exclusively within the United States. It is your sole responsibility to ensure that the products you order are legally permitted in your state, city, or locality. You expressly acknowledge and agree that:

If your order is shipped to any jurisdiction where vaping products or any specific flavors thereof are prohibited or restricted by law, you assume all legal risks and responsibilities associated with such an order.
In the event that local, state, or city laws change, or if it is later determined that the shipment of these products to your jurisdiction is unlawful, you agree that ZMarkstheSpot.com shall have no liability for any legal consequences, penalties, fines, or damages arising from such shipment.
You further agree that, by placing your order, you are representing that you have verified the legality of receiving such products in your jurisdiction and that you assume full responsibility for any resulting legal consequences.

4. Taxes, Duties, and Fees You are solely responsible for all taxes, duties, fees, or other charges imposed by any governmental authority in connection with your purchase, shipment, or use of our products. ZMarkstheSpot.com expressly disclaims any responsibility for the assessment or collection of any such charges. It is your responsibility to consult with your own tax advisors to determine your tax obligations.

5. Third-Party Shipping and Risk of Loss All shipments are handled by third-party carriers. Once products leave our facility, the risk of loss and title passes to you upon delivery to the carrier. ZMarkstheSpot.com is not liable for any delays, damages, losses, or errors in shipping and delivery that occur after the products are dispatched. Any disputes or claims regarding shipment or delivery must be resolved directly with the carrier.

6. Payment Terms All payments must be made in full at the time of purchase. You agree to provide accurate payment information and authorize us or our designated payment processors to charge the total amount due. Prices displayed on our website are subject to change without notice, and any applicable taxes and shipping charges will be added at checkout.

7. Disclaimer of Warranties and Limitation of Liability ALL PRODUCTS, SERVICES, AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ZMARKSTHESPOT.COM DOES NOT WARRANT THAT THE PRODUCTS WILL BE FREE FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZMARKSTHESPOT.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR PURCHASE, USE, OR INABILITY TO USE OUR PRODUCTS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIM EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM.

8. Indemnification You agree to indemnify, defend, and hold harmless ZMarkstheSpot.com, its parent companies, affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively, "Indemnified Parties") from and against any and all claims, demands, liabilities, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with:

Your violation of these Terms;
Your purchase, use, or misuse of our products or services;
Any breach of any representation or warranty contained herein;
Any claim by a third party that your actions or inactions, including without limitation, receiving a shipment in a prohibited jurisdiction, have caused harm or damage; or
Any violation of any applicable law, rule, or regulation by you.

9. Governing Law and Dispute Resolution These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved exclusively in the state or federal courts located in Orange County, Florida. By using our website or purchasing our products, you hereby consent to the jurisdiction and venue of such courts.

10. Force Majeure ZMarkstheSpot.com shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, labor disputes, or disruptions in shipping or transportation services.

11. Modifications and Waiver We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting on our website. Your continued use of the website or purchase of our products following any such modifications constitutes your acceptance of the revised Terms. No waiver by ZMarkstheSpot.com of any breach or default under these Terms shall be considered a waiver of any subsequent breach or default.

12. Entire Agreement These Terms, together with any additional terms and conditions that may apply to specific sections of the website or to products or services offered on or through the website, constitute the entire agreement between you and ZMarkstheSpot.com regarding your use of our website and the purchase of our products, superseding all prior or contemporaneous communications, whether electronic, oral, or written.

13. Acknowledgment and Acceptance By clicking the "I Accept" checkbox at checkout, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety. You further acknowledge that you are solely responsible for ensuring that your purchase and use of our products comply with all applicable laws, and that ZMarkstheSpot.com shall have no liability for any legal consequences arising from your failure to do so.

14. Contact Information If you have any questions regarding these Terms, please contact us at: support@zmarksthespot.com.

15. Additional Disclosures By purchasing from ZMarkstheSpot.com, you acknowledge that you have been informed of, and agree to assume, any and all risks associated with the use, possession, and shipment of vaping products, including any potential legal or regulatory changes that may affect the sale, shipment, or use of such products. ZMarkstheSpot.com, its affiliates, and their respective officers, directors, employees, and agents shall not be held liable for any claims, losses, or damages arising from such risks.