Terms & Condition

TERMS AND CONDITIONS

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.BY USING THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.YOU MAY NOT USE WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 21 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE, OR ANY OF THIS WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.These terms and conditions (these “Terms”) apply to any use of the website (the “Site”). These Terms are subject to change by KYK Nicotine (referred to as “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you (the “User”) should review these Terms before the purchase of any products on this Site. Your continued use of the Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.These Terms are an integral part of the Terms of Use that generally apply to the use of our Site.

1. Use of the Site

KYK Nicotine grants the User a nonexclusive, non-transferable, royalty-free license without the right to sublicense, to use the Site, and the User agrees to utilize the Site only for the User’s personal use.

2. Electronic Delivery

By accepting these Terms, you agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your use of the Site.

3. Indemnification

The User agrees to indemnify and hold KYK Nicotine and https://kyknic.com, its subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Site, the violation of these terms and conditions, or infringement by User, or other user of the Site using User’s computer, of any intellectual property or any other right of any person or entity.

4. Modifications and Interruption to Site

KYK Nicotine reserves the right to modify or discontinue the Site with or without notice to the User. KYK Nicotine will not be liable to User or any third party should KYK Nicotine choose to exercise its right to modify or discontinue the Site. User acknowledges and accepts that KYK Nicotine does not guarantee continuous, uninterrupted, or secure access to its website, and operation of its website may be interfered with or adversely affected by numerous factors or circumstances outside of its control. The User acknowledges and accepts that KYK Nicotine does interrupt access briefly on a regular basis to perform Site maintenance operations.

5. Product Descriptions

KYK Nicotine attempts to present information as accurately as possible. However, KYK Nicotine does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. We do not guarantee that all products referenced on the Site will always be available.

6. Risks of Shipping

All items purchased from KYK Nicotine are made according to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

7. Product Return/Exchange and Refund Policy

Please read the following policies regarding product returns, exchanges and refunds carefully:Return Processing: To return a product, you must contact us by CLICKING HERE and submitting a return request. If the item is damaged or defective, we may request that you email us pictures of the damaged or defective merchandise while contacting us to issue a return. For returns on promotional items, all items included in the promotion (free gift, etc.) must be returned. When a promotional item included in the original transaction is not returned, the value of the promotional item will be deducted from the refund amount. You will be responsible for shipping charges on non-defective returns. Shipping charges are non-refundable.Damaged Items: If you receive a damaged item, the issue must be reported to customer service within 7 days of delivery to receive a replacement item. We only replace items if they are defective or damaged, and exchanges are only for the exact item purchased unless the item is no longer available. Please contact customer service at info@kyknic.com, and we will work hard to resolve any issues.Exchange Policy: There are no exchanges, but if you wish to return one item and purchase another, simply follow the return policy.

8. How to request a Return/Exchange/Refund

Contact us via the Contact Us page by CLICKING HERE to verify that your item is eligible for return before taking any other steps.Repackage the item including all original parts, packing materials, instructions, etc. Within reason, this means that everything must be returned exactly as it was sent to you. Poor repackaging or the return of merchandise damaged after receipt could result in refusal of your return and loss of any refund or replacement item. Items for return must be unused and undamaged to qualify for the refund. Do not send items back in a regular envelope; this is not sufficient packaging and can cause items to be lost in the mail or damaged in transit. Padded envelopes or boxes are required and are provided free of charge by USPS if sending Flat Rate Priority Mail.For defective returns, please contact us first at info@kyknic.com and we will help you resolve the issue. For non-defective returns, you will need to send the package back to the address which will be emailed to you by our agent. Refunds will only be issued when the returned item has been received in satisfactory condition. Refunds will be processed within 2 to 3 business days of receiving the items and will be applied directly to the payment method that was used to make the purchase. Please be advised that usually, refunds can take up to 5 business days to completely process after the refund has been initiated. Refunds can only be issued to the original form of payment for the corresponding order.

9. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, KYK Nicotine designates the following individual as its agent for receipt of notifications of claimed copyright infringement.By Mail: USABy Email: info@kyknic.com

10. Prohibited Conduct

No User is permitted to engage in any of the following acts

1. download and aggregate listings from our Site for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Site into any other website without our prior written authorization.
2. harvest or otherwise collect information about Users, including email addresses, without their consent.
3. transmit or upload to the Site, any virus, Trojan horse, Easter egg, time bomb, spyware, or any other harmful or deleterious programs.
4. misrepresent your identity or credit information.
5. conduct any fraudulent activities on the Site.
6. interfere or inhibit another authorized party’s use and enjoyment of the Site.
7. Privacy.

We respect your privacy and are committed to protecting it. Our privacy policy at www.kyknic.com governs the processing of all personal data collected from you in connection with your use of the Site.

11. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes, or materials or telecommunication breakdown or power outage.

12. Governing Law and Jurisdiction

This contract will be governed and construed in accordance with the laws of Pennsylvania, excluding Pennsylvania’s choice-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, will likewise be governed by the laws of Pennsylvania, excluding Pennsylvania’s choice-of-law principles.

13. Dispute Resolution and Binding Arbitration

(a) YOU AND KYK NICOTINE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.(b) The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at https://www.adr.org/Rules.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR KYK NICOTINE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

14. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Users may only use www.kyknic.com and related services for the purposes of viewing and purchasing nicotine products.

15. No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of KYK Nicotine.

16. Limitation of Liability

www.kyknic.com AND KYK NICOTINE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR www.kyknic.com AND KYK NICOTINE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE, THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. KYK NICOTINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, OR AVAILABILITY WITH RESPECT TO THE WEBSITE, THE SITE, OR THE INFORMATION, SERVICES, OR RELATED GRAPHICS, OR LINKS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE USER PLACES ON SUCH INFORMATION IS THEREFORE STRICTLY AT USER’S OWN RISK.IN NO EVENT WILL www.kyknic.com, AND KYK NICOTINE BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. USER ACKNOWLEDGES THAT www.kyknic.com MAY CONTAIN LINKS TO OTHER WEBSITES WHICH ARE NOT UNDER THE CONTROL OF KYK NICOTINE AND WE HAVE NO CONTROL OVER THE NATURE AND CONTENT OF THOSE SITES. THE INCLUSION OF ANY LINKS DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT OF ANY VIEWS EXPRESSED WITHIN THEM.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

17. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

18. Notices

(a) To You. We may provide any notice to you under these Terms by posting to the Site. Notices we provide by posting will be effective upon posting.(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to KYK Nicotine, USA. We update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight couriers will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. Any questions about this User Agreement or to report breaches of this User Agreement may contact us at info@kyknic.com.

19. Refusal of Service

KYK Nicotine reserves the right to deny service to a User for any reason without notice. KYK Nicotine has the sole right to determine if a User has breached these terms and conditions. Further, KYK Nicotine may use any means necessary, including legal action, to terminate User’s access to www.kyknic.com and any related services.

20. Severability

If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

21. Entire Agreement

The user agrees that terms and conditions and policies found elsewhere represent the entire agreement between User and KYK Nicotine.

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES