Terms & Conditions
The legal terms governing use of this website, purchases, and related services.
These Wholesale Terms and Conditions ("Terms") govern the commercial relationship between Apex Vape Wholesale ("we," "us") and any licensed business ("Retailer," "you") that applies for or holds a wholesale account. By submitting an account application or placing an order, you agree to be bound by these Terms.
1. Eligibility
Wholesale accounts are available only to businesses that: (a) hold a valid, current state tobacco or vapor retail license in every state where they intend to resell product; (b) operate from a physical commercial address; (c) maintain a valid federal Employer Identification Number (EIN); and (d) resell only to consumers 21 or older in compliance with all applicable laws. We reserve the right to verify eligibility at any time and to terminate accounts that fail to maintain continuous eligibility.
2. Account Application & Approval
We review every new account application and may request additional documentation (tobacco license, resale certificate, business formation documents). Approval is at our sole discretion. A completed application does not constitute an open account — orders may not be placed until we issue a written approval.
3. Orders, Pricing & Availability
All orders are subject to acceptance, product availability, and any applicable state product-registry restrictions. Prices are in U.S. dollars and are subject to change without notice. Tier pricing is honored per the published schedule in effect on the date of order. We reserve the right to cancel any order submitted with a pricing error and issue a full refund.
4. Payment & NET Terms
New accounts ship on prepaid terms (credit card or ACH prior to ship). Accounts that complete a successful prepaid ramp may apply for NET 15 or NET 30 terms, subject to credit review. Past-due balances accrue late fees at the lesser of 1.5% per month or the maximum rate permitted by law. We may place holds on orders, reduce credit limits, or accelerate outstanding balances at any time a Retailer's account is past due.
5. Shipping, Delivery & Risk of Loss
Shipping terms, compliance labeling, and carrier coordination are detailed in our Shipping & Handling policy, incorporated by reference. Risk of loss passes to Retailer upon delivery and signature. Retailer is responsible for inspecting every shipment at delivery and reporting shortages, damage, or errors within the windows set forth in our Returns & Exchange policy.
6. Product Compliance & Registry Restrictions
We will not knowingly ship SKUs that violate federal law, PACT Act shipping rules, or a state's product-registry restrictions. Retailer agrees not to request, and not to attempt to re-route, shipment of non-compliant product. Retailer is solely responsible for compliance with state and local laws at its own point of sale.
7. Resale Restrictions
Product purchased from us may only be resold: (a) at Retailer's licensed physical locations or through Retailer's properly licensed e-commerce operations; (b) to consumers 21 or older; and (c) in states where such resale is lawful. Re-distribution to other wholesalers or unlicensed parties is prohibited and grounds for immediate account termination.
8. Prohibited Uses
Retailer agrees not to: (a) misrepresent account information or eligibility; (b) circumvent state restrictions, registry systems, or PACT Act requirements; (c) submit automated or scripted orders without prior written consent; or (d) violate any applicable federal, state, or local law.
9. Intellectual Property
All content on this site — product data, descriptions, images, logos, and software — is owned by us or our licensors. Retailer is granted a limited, non-exclusive license to use manufacturer-provided product assets for the sole purpose of reselling product purchased from us. All other use requires prior written consent.
10. Disclaimers
Products we sell may contain nicotine, a highly addictive substance. We make no representation regarding the safety, efficacy, or consumer suitability of any product. All products are sold AS IS, and any manufacturer warranties run directly between the manufacturer and the end consumer, facilitated by us where possible.
California Proposition 65 Warning: Products may expose users to chemicals including nicotine, known to the State of California to cause birth defects or other reproductive harm.
11. Limitation of Liability
To the maximum extent permitted by law, our total liability for any claim arising from or relating to these Terms shall not exceed the amount paid by Retailer for the specific product giving rise to the claim during the six months preceding the claim. We are not liable for lost profits, lost sales, incidental, consequential, or punitive damages under any theory of liability.
12. Indemnification
Retailer agrees to indemnify, defend, and hold us harmless from any claim, loss, or expense (including reasonable attorneys' fees) arising from Retailer's violation of these Terms, Retailer's resale or marketing of product, Retailer's violation of any law, or Retailer's sale of product to an underage or unauthorized consumer.
13. Termination
Either party may terminate the wholesale relationship for any reason with 30 days' written notice. We may terminate immediately for cause, including license lapse, fraud, NET-terms default, or breach of any material provision of these Terms. Termination does not relieve Retailer of any outstanding payment obligation.
14. Changes to These Terms
We may update these Terms from time to time. Material changes will be posted on this page with a new "Last updated" date and, where practical, communicated to active accounts via email. Continued use of a wholesale account after the effective date of a change constitutes acceptance.
15. Contact
Questions about these Terms? Reach our team via the Contact Us page.