Note: Due to new legislation, certain products are now subject to the Prevent All Cigarette Trafficking (PACT) Act. As a result, there have been some changes in these Terms.
These Terms and Conditions (the “Terms”) govern your use of www.serenitystore.com (the “Site”) and/or purchase of any products from Serenity Store LLC. The terms “Serenity Store”, “Serenity”, “us”, “we” or “our” refer to Serenity Store LLC. The terms “you”, “your” or “the customer” refer to the users of the Site and any person purchasing products from Serenity Store. Please read these Terms carefully before accessing and/or ordering any goods from the Site. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. You can view this provision by scrolling to the section titled “Arbitration” at the end of these Terms.
We reserve the right to amend these Terms and Conditions at any time without notifying our customers. Accessing, browsing, or using this Site in any way indicates that you agree to be bound by these Terms.
These Terms, or any constituent part of them, may be modified, amended, or terminated by us without notice at any time and for any reason.
Only one account may be set up per person. We can only discuss account queries (for example, but not limited to, order tracking and/or warranty queries, shipping update requests, etc.) with the billing addressee. We reserve the right to deactivate any account and refuse service to any account holder who sets up a duplicate account, and we reserve the right to refuse any orders placed by persons holding more than one account in their name.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and other devices and agree to accept responsibility for all activities that occur under your account or password. Serenity Store only sells to adults over the age of 18 (and over the age of 21 for vapor products, or depending on state of residence) who own and can purchase with a credit card. If you are under the abovementioned ages, Serenity Store and its affiliates will refuse service, terminate all of your accounts, remove or edit content, and cancel orders immediately.
We attempt to be as accurate as possible when posting content.
You understand that there might be some variation in flavor and quantities among the products offered on the Site.
Certain products may not be available for purchase or delivery in certain locations. Serenity Store reserves the right to change quantities available at any time, even after you place an order. Furthermore, there may be occasions when we confirm your order, but subsequently learn that we cannot supply the product to you. In the event we cannot supply a product you ordered, we will cancel the applicable part of your order and refund the relevant part of the purchase price.
Serenity Store reserves the right to change prices for products displayed at any time and to correct pricing errors that may inadvertently occur.
Offer codes cannot be redeemed after an order has been placed, and only one offer code may be used per order. Due to regulations, offers and discounts may not be available for orders shipping to certain locations.
You agree that Serenity Store may, in its sole discretion, refuse or cancel any order and limit order quantity. Serenity Store may also require additional information prior to accepting or processing any order. Once we receive your order, we’ll provide you with an emailed order confirmation. Note, however, that your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we have received your order. Serenity Store reserves the right at any time after receiving your order to accept or decline your order for any reason or for no reason at our sole discretion. If we cancel an order after you have already been charged, we will refund the charged amount.
a. PACT Act
As a result of vapor products being included in the PACT Act, the shipping options we offer are subject to change. Delivery times are also subject to change, and any estimated delivery date provided is not a guarantee that your order will be delivered on or around that date.
All orders placed before 4pm Monday through Friday are shipped the same day via USPS delivery service. We cannot be held responsible for a delivery once it has been picked up by USPS or for delays within the USPS network. Please understand that shipping time estimates given during checkout are used as a guide to help you, but we cannot offer refunds or compensation if these estimates are not met. Please note, all shipping thresholds are calculated based on the order subtotal after discounts and promotions have been applied.
We reserve the right, in our absolute and sole discretion, to use an alternative delivery service from the one you selected at no additional cost to you.
We cannot be held responsible for a delivery once it has been picked up by the carrier or for delays within the carrier's network. Please understand that shipping time estimates given during checkout are used as a guide to help you, but we cannot offer refunds or compensation if these estimates are not met.
c. Incorrect Shipping Details
It is the responsibility of the customer to enter the correct delivery address details at the time of ordering. If the customer enters an incorrect or incomplete address and the goods are delivered to the wrong address, we are under no obligation to issue a refund or send replacement goods. If goods are returned to us because they have been sent to the wrong address, we are not obliged to re-send them at our expense; however, a refund will be offered less the shipping expense. If you notice that you have provided the incorrect or incomplete details, please contact us as soon as possible.
d. Risk of Loss and Items Lost in Transit
If your chosen carrier has been unable to deliver your parcel within 10 business days (from the date of dispatch), we will re-ship your order. If you are shipping to an APO or FPO and your chosen carrier has been unable to deliver your parcel within 15 business days (from the date of dispatch), we will re-ship your order.
If the carrier has marked your order as delivered but you have not received it, then you must let us know within 5 business days of the delivery date, and we may, at our sole discretion, re-ship your order. Outside of this timeframe, Serenity Store cannot be held responsible for your package.
Re-shipping orders is at our sole discretion. All re-shipped orders must be sent to the original shipping address given.
If a package is returned to sender because the carrier could not collect an adult signature and proof of ID, Serenity Store reserves the right to re-ship a replacement order only after the original package has been returned to us and processed.
a. Non-Faulty Items
Serenity Store has a generous returns policy that can be viewed here. Non-faulty items may be returned within 14 days of delivery as long as the packaging remains unopened and the product is returned in the same condition as it was when sold.
b. Unused, Unopened, and Faulty Items
Claims against faulty goods can be made if the product is within warranty and is returned to us within 15 working days of the 'Return Merchandise Authorization' (RMA) form being issued. If you are unsure if your product is within warranty, click here to get in touch with our Customer Care team. Claims against unused, unopened, or non-delivered goods (i.e., items lost in transit) cannot be processed after a 30-day period from the order date.
Serenity Store’s products are not intended for anyone who is below the legal age in their respective jurisdiction. Furthermore, you must be of legal smoking age in the locality in which you reside in order to purchase vaping products from this Site. Therefore, we use third-party age verification systems in accordance with federal and state law. If necessary, we reserve the right to ask for additional identification.
When you cannot provide an SSN, credit card or billing address, verification is unable to match you to our third-party database; therefore, your order will not be accepted.
Please note that certain states legally require you to pass third-party verification and upload an ID for review.
We reserve the right to use any personal information provided by you to carry out and conduct relevant age verification checks. As part of checks made, we may utilize third-party age verification services, data from various credit reference agencies, the electoral roll, and other databases or agencies.
Our strict age verification and 'no sales to minors' policy can be viewed here.
Once purchased, the products on this Site should only be used in accordance with the manufacturers' instructions and should likewise be inspected before use and properly maintained. Nothing in this notice affects your statutory rights.
b. Product Disclaimer
The statements made regarding products found on this website have not been evaluated by the Food and Drug Administration. Products, and the ingredients comprising these products, have not been approved or endorsed by the FDA and are not intended to diagnose, treat, cure, or prevent any disease. Please consult your physician before using these products.
c. Product Safety
The FDA strongly advises against the use of cannabidiol (CBD) in any form during pregnancy or while breastfeeding.
According to the FDA:
CBD has the potential to harm you, and harm can happen even before you become aware of it.
CBD can cause liver injury.
CBD can affect how other drugs you are taking work, potentially causing serious side effects.
Use of CBD with alcohol or other drugs that slow brain activity, such as those used to treat anxiety, panic, stress, or sleep disorders, increases the risk of sedation and drowsiness, which can lead to injuries.
Male reproductive toxicity, or damage to fertility in males or male offspring of women who have been exposed, has been reported in studies of animals exposed to CBD.
CBD can cause side effects that you might notice. These side effects should improve when CBD is stopped or when the amount used is reduced.
Changes in alertness, most commonly experienced as somnolence (drowsiness or sleepiness).
Gastrointestinal distress, most commonly experienced as diarrhea and/or decreased appetite.
Changes in mood, most commonly experienced as irritability and agitation.
d. Battery Safety
Vapor products may include lithium-ion battery cells, which can explode or burst into flame if used improperly. Do not disassemble, crush, puncture, cut, short-circuit, incinerate, recharge (disposable cells only), or expose them to water, fire, or higher temperatures. Improper use can lead to injury or damage. By buying these products, the purchaser assumes all dangers and liabilities related to lithium batteries. Rechargeable batteries should only be recharged using the charger provided with them. It’s your duty and responsibility to know the dangers and the proper procedures for using and handling lithium-ion-based battery cells, including, but not limited to, using unapproved chargers or charging methods.
Serenity Store is not responsible or liable for any injury or death resulting from the misuse of devices or lithium-ion batteries purchased from this Site.
e. California Prop 65
Products found on this Site can expose you to Δ9-Tetrahydrocannabinol (Δ9-THC), which is known to the State of California to cause birth defects or other reproductive harm, and formaldehyde, which is known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.
Items sold by Serenity Store are subject to sales/use and/or excise tax in select states and localities in accordance with the applicable laws of each state and locality. Certain states require the purchaser to file a sales/use and/or excise tax return and pay the tax on online purchases made from out of state. It is your responsibility as the purchaser to check your state and local tax laws and to comply with their requirements. Where required, we will charge the applicable taxes and remit them to the applicable authority.
Serenity Store is a registered trademark Serenity Store LLC. Unauthorized use of any Serenity Store trademark, service mark or logo is a violation of federal and state trademark laws. The Site and the content made available through the Site are protected by U.S. and international copyright laws. Except for your use of the content as expressly permitted by these Terms, you may not use, modify, reproduce or distribute any of the content, design or layout of the Site, or individual sections of the content, design or layout of the Site without our prior written permission, including, but not limited to, through the use of deep-linking and/or framing.
All content included on this Site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States and international copyright laws. No portion of the information on this Site may be copied or reproduced in any form, or by any means, without prior written permission from Serenity Store. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this Site or any Serenity Store publication for any public, private, or commercial purpose.
This Site and all information, content, materials, products, software, and services included on or otherwise made available to you through this Site are provided by Serenity Store on an "as is" basis unless otherwise specified in writing. Serenity Store makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products, software, or services included on or otherwise made available to you through this Site unless otherwise specified in writing. You expressly agree that your use of this Site is at your sole risk.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SERENITY STORE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SERENITY STORE AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE OR E-MAILS SENT FROM SERENITY STORE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SERENITY STORE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Serenity Store reserves the right to change any and all content contained on this Site at any time without notice.
To the extent permitted by applicable law, you hereby agree to indemnify, hold harmless and defend Serenity Store, its directors, officers, employees, agents and affiliates from any and all third-party claims, actions, proceedings, and suits brought against us or any of our officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by us or any of our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Site and/or products.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
By visiting the Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Serenity Store or its affiliates.
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Serenity Store. For any dispute with Serenity Store, you agree to first contact us via email and attempt to resolve the dispute with us informally.
a. Dispute Resolution by Arbitration
In the unlikely event that Serenity Store has not been able to resolve a dispute it has with you after sixty (60) days, you and Serenity Store each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, the breach or alleged breach thereof, your use of the Site, or your purchase or use of products purchased from Serenity Store (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein (including the exclusion of any claims brought by Serenity Store for injunctive or other equitable relief as provided in Section 22 below).
JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Denver, Colorado unless you and Serenity Store agree otherwise. If you are an individual using products or services provided by Serenity Store, or the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction consistent with the requirements in Section 22 below.
b. Class Action and Jury Trial Waiver
With respect to all persons and entities, regardless of whether they have obtained products or services provided by Serenity Store or used the Site for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless Serenity Store agrees otherwise, the arbitrator may not consolidate more than one person's claims.
You agree that, by entering into this agreement, you and Serenity Store are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
These Terms and Conditions will be governed by and interpreted under the laws of the State of Colorado, USA, without regard to its principles of conflict of laws. The exclusive venue for any action to enforce an arbitral award rendered pursuant to these Terms and Conditions will be the state or federal courts of Boulder, Colorado. You agree that Boulder, Colorado, is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in Section 21 is found to be unenforceable. You agree not to bring any such actions in any other venue and you expressly agree to waive all objections to these venues.
You expressly consent to be subject to the personal jurisdiction of the state and federal courts of Colorado. You agree that: (i) the Site and products and services provided by Serenity Store shall be deemed solely based in Colorado; and (ii) the Site and Serenity Store services shall be deemed passive ones that do not give rise to personal jurisdiction over Serenity Store, either specific or general, in jurisdictions other than Colorado.
The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding paragraphs with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
We reserve the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. You agree to submit to the personal jurisdiction of the federal and state courts located in Boulder, Colorado, for any actions for any such relief.
We may, from time to time, provide Site users with the opportunity to submit or post reviews, questions, comments, suggestions, ideas, photos, videos, and/or other information and content (collectively “User Content”).
You will be solely responsible and liable for User Content you provide to Serenity Store. We shall have no obligation to investigate or confirm, and do not in any way endorse the accuracy, legality, legitimacy, validity, suitability, or reliability of any User Content, including, but not limited to any of the products, services, performance, results and/or representations contained or referenced therein.
You agree that you shall not submit any User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and your User Content shall not consist of or contain software viruses or malware of any kind, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of User Content.
We have the right, but not the obligation, to monitor and edit or remove any activity or User Content for any reason or no reason at our sole discretion.
If you do post content or submit material, and unless we indicate otherwise, you grant Serenity Store a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content if they choose.
You represent and warrant to us that:
(i) any and all User Content is and shall be accurate, complete, current, true, and not misleading;
(ii) you have obtained the consent of any living person whose name or image (in whole or in part) is contained in any User Content;
(iii) you own or otherwise control all necessary rights to any trademark, service mark, logo, name, message, data, image, text, photos, graphics, audio, video, or other material or intellectual property contained or embodied in the User Content, and you will maintain such ownership or control while using the Site;
(iv) the User Content, and any part thereof, is legal, decent, honest, and truthful, is not contrary to the provisions of any applicable law, regulation, or code of practice is not libelous or obscene, and does not infringe the rights of any person (including any person's intellectual property rights); and
(v) the User Content will not be prejudicial to the image or reputation of Serenity Store, its owners, affiliates, and/or the Site, and will not contain anything which we consider to be offensive or otherwise inappropriate.