Terms of service

 

TERMS OF SERVICE

Last Updated: July 13, 2026

OVERVIEW

Welcome to Vapely.ca.

These Terms of Service ("Terms") govern your access to and use of the Vapely.ca website and all related products, services, content, features, applications, and tools (collectively, the "Services").

The Services are owned and operated by Major City Vapes Inc., carrying on business as Vapely ("Vapely", "we", "our", or "us"), a corporation organized under the laws of British Columbia, Canada.

Our registered business address is:

Major City Vapes Inc. DBA Vapely
788 Richards Street
Vancouver, British Columbia V6B 0C7
Canada

Our online store is powered by Shopify, which enables us to provide ecommerce services to our customers.

By accessing, browsing, creating an account, placing an order, or otherwise using the Services, you agree to be bound by these Terms, our Privacy Policy, Shipping Policy, Refund Policy, and any additional policies referenced herein.

If you do not agree with these Terms, you must immediately discontinue use of the Services.

These Terms constitute a legally binding agreement between you and Vapely.

SECTION 1 – ELIGIBILITY, AGE VERIFICATION & ACCOUNT RESPONSIBILITIES

Vapely sells vaping products intended exclusively for adults who are legally permitted to purchase such products under the laws of their province or territory.

By using our Services, you represent and warrant that:

  • You have reached the legal age to purchase vaping products in your province or territory.
  • You are legally permitted to purchase, possess, and use vaping products.
  • You are purchasing products solely for your own lawful personal use.
  • All information you provide is accurate, complete, and current.
  • You will promptly update your account information if it changes.

We reserve the right to verify your age and identity before accepting or fulfilling any order.

Age verification may include:

  • Third-party age verification services;
  • Requests for government-issued identification;
  • Verification through payment information;
  • Adult signature requirements upon delivery.

If we are unable to verify your eligibility, we may cancel your order and issue a refund in accordance with our Refund Policy.

Creating multiple accounts to circumvent purchasing limits or age verification procedures is prohibited.

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.

Accounts may not be transferred, assigned, shared, or sold.

SECTION 2 – COMPLIANCE WITH APPLICABLE LAWS

Vapely operates in accordance with applicable federal, provincial, and local laws governing the sale of vaping products in Canada.

By using our Services, you agree to comply with all laws applicable to your purchase, possession, and use of vaping products.

You agree that:

  • You will not purchase products on behalf of a minor.
  • You will not provide products to persons below the legal age.
  • You will not export products where prohibited.
  • You will not use the Services for unlawful purposes.

Vapely reserves the right to refuse service where required to comply with applicable legislation or regulatory obligations.

SECTION 3 – PRODUCTS & PRODUCT INFORMATION

We make reasonable efforts to ensure product descriptions, specifications, pricing, photographs, and availability are accurate.

However:

  • Product images are for illustrative purposes only.
  • Colours and packaging may vary from images shown.
  • Manufacturers may modify packaging without notice.
  • Flavour descriptions are subjective and provided for informational purposes only.
  • Nicotine strengths, ingredients, and specifications are those supplied by the manufacturer.

While we strive for accuracy, errors may occasionally occur.

We reserve the right, without prior notice, to:

  • Correct errors;
  • Update pricing;
  • Modify product descriptions;
  • Discontinue products;
  • Change inventory availability;
  • Limit quantities purchased;
  • Restrict sales to specific jurisdictions.

Nothing on this website constitutes medical advice or a representation that any product is suitable for a particular individual.

Unless expressly required by law, Vapely makes no guarantee regarding manufacturer specifications or availability.

SECTION 4 – ORDERS, ACCEPTANCE & CANCELLATION

Submitting an order through Vapely constitutes an offer to purchase products.

An order is not accepted until:

  • payment has been successfully authorized;
  • age verification has been completed where required;
  • inventory has been confirmed; and
  • an order confirmation has been issued.

Even after confirmation, Vapely reserves the right to cancel or refuse any order for reasons including but not limited to:

  • inability to verify age or identity;
  • suspected fraud;
  • pricing errors;
  • inventory shortages;
  • suspected resale activity;
  • inaccurate customer information;
  • violation of these Terms;
  • requests from law enforcement or regulatory authorities.

If an order is cancelled after payment has been processed, the applicable refund will be issued using the original payment method whenever reasonably possible.

Purchases made through Vapely are intended for personal consumer use only.

Commercial resale, redistribution, wholesale purchasing, or exporting products purchased through Vapely is prohibited unless expressly authorized by Vapely in writing.

SECTION 5 – PRICING, PAYMENT & FRAUD PREVENTION

All prices displayed on Vapely.ca are in Canadian Dollars (CAD) unless otherwise indicated.

Prices:

  • exclude applicable taxes unless otherwise stated;
  • exclude shipping charges unless otherwise stated;
  • may change without prior notice.

Pricing changes do not affect orders that have already been accepted.

You agree to provide current, complete, and accurate billing and payment information.

By submitting payment, you represent that:

  • you are authorized to use the payment method provided;
  • payment information is accurate;
  • sufficient funds or credit are available.

Payment transactions are securely processed through PCI DSS compliant third-party payment processors.

Vapely does not store complete payment card numbers or CVV security codes on its own systems.

To protect customers and comply with legal obligations, Vapely may employ fraud prevention systems and third-party verification services.

We reserve the right to:

  • decline transactions;
  • suspend accounts;
  • request additional verification;
  • refuse orders suspected of fraud, abuse, money laundering, unauthorized payment activity, or violations of applicable law.

Any attempt to circumvent payment security measures or engage in fraudulent activity may result in permanent suspension of your account and reporting to applicable authorities.

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SECTION 6 – SHIPPING, DELIVERY & RISK OF LOSS

Vapely currently ships only to jurisdictions where the sale of our products is permitted by applicable law.

Shipping times displayed on our website are estimates only and are not guaranteed. Delivery times may vary due to carrier delays, weather conditions, customs processing, high shipping volumes, labour disruptions, or other circumstances beyond our reasonable control.

Orders may require adult signature and presentation of valid government-issued photo identification upon delivery where required by applicable law, carrier policy, or Vapely's age verification procedures.

If age verification cannot be completed at delivery, the shipment may be returned to us and additional shipping charges may apply.

Unless otherwise required by applicable consumer protection laws, title to the products and risk of loss pass to you once the order has been delivered to the shipping carrier.

You are responsible for providing an accurate shipping address. Vapely is not responsible for delays, losses, or additional costs resulting from incorrect or incomplete shipping information provided by the customer.

Please refer to our Shipping Policy for complete shipping terms.

SECTION 7 – RETURNS, REFUNDS & ORDER ISSUES

Due to the nature of vaping products and applicable health regulations, certain products may not be eligible for return once opened or used.

Refunds, exchanges, and replacements are governed by our Refund Policy.

If you receive:

  • an incorrect product;
  • a damaged shipment;
  • a defective product; or
  • an incomplete order,

you must notify Vapely within the timeframe specified in our Refund Policy.

Products returned without prior authorization may be refused.

Refunds will generally be issued to the original payment method unless otherwise required by law.

Nothing in these Terms limits any rights you may have under applicable Canadian consumer protection legislation.

SECTION 8 – INTELLECTUAL PROPERTY

All content available through Vapely.ca, including but not limited to:

  • trademarks;
  • logos;
  • graphics;
  • website design;
  • product descriptions;
  • software;
  • photographs;
  • videos;
  • icons;
  • text;
  • source code;
  • databases; and
  • other materials,

is owned by Major City Vapes Inc., its licensors, or its suppliers and is protected by Canadian and international intellectual property laws.

No content from the Services may be copied, reproduced, republished, uploaded, transmitted, modified, distributed, sold, licensed, or otherwise exploited without our prior written consent.

Nothing contained within these Terms grants you any ownership interest or license in our intellectual property except the limited right to access and use the Services for lawful personal purposes.

SECTION 9 – SHOPIFY & THIRD-PARTY SERVICES

Vapely's online store is hosted and powered by Shopify.

While Shopify provides the ecommerce platform through which purchases are made, all sales transactions are between you and Vapely.

Shopify is not responsible for:

  • product quality;
  • product safety;
  • warranties;
  • shipping;
  • returns;
  • refunds;
  • customer support;
  • regulatory compliance relating to the products sold.

Our Services may also integrate with third-party providers including payment processors, shipping companies, fraud prevention services, analytics providers, and marketing services.

Your use of third-party services may be subject to separate terms and privacy policies maintained by those providers.

Vapely is not responsible for the availability, content, or practices of third-party websites or services linked through our website.

SECTION 10 – CUSTOMER REVIEWS, FEEDBACK & USER CONTENT

If you submit reviews, comments, photographs, suggestions, testimonials, ideas, or other content ("User Content") through the Services, you grant Vapely a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, display, and otherwise use such User Content for any lawful business purpose.

You represent and warrant that:

  • you own or have the necessary rights to submit the content;
  • your content is truthful and accurate;
  • your content does not infringe any third-party rights;
  • your content does not contain defamatory, unlawful, misleading, obscene, or fraudulent material.

We reserve the right, but not the obligation, to review, edit, refuse, or remove User Content at our sole discretion.

SECTION 11 – PROHIBITED USES

You agree not to use the Services:

  • for any unlawful purpose;
  • to violate any federal, provincial, territorial, or municipal law;
  • to purchase products for minors;
  • to impersonate another individual;
  • to provide false information;
  • to engage in fraudulent transactions;
  • to interfere with the security of the Services;
  • to introduce malicious software or code;
  • to scrape, crawl, or copy website content through automated means;
  • to reverse engineer or interfere with the website;
  • to infringe intellectual property rights;
  • to harass, threaten, abuse, or intimidate other users or Vapely staff;
  • to attempt unauthorized access to customer accounts or website infrastructure.

Violation of these Terms may result in:

  • immediate suspension or termination of your account;
  • cancellation of pending orders;
  • refusal of future purchases;
  • reporting to payment processors;
  • reporting to law enforcement authorities where appropriate.

SECTION 12 – ELECTRONIC COMMUNICATIONS

By using our Services or communicating with Vapely electronically, you consent to receive communications from us electronically.

These communications may include:

  • order confirmations;
  • invoices;
  • shipping notifications;
  • customer support responses;
  • account notices;
  • security alerts;
  • legal notices;
  • product recall notices;
  • updates to these Terms or our policies.

You agree that electronic communications satisfy any legal requirement that such communications be provided in writing.

SECTION 13 – PRODUCT SAFETY

Vaping products are intended only for responsible adult consumers.

You acknowledge that:

  • nicotine is an addictive substance;
  • vaping products should be used only as intended by the manufacturer;
  • products must be kept out of reach of children and pets;
  • products should be stored safely and in accordance with manufacturer recommendations.

Vapely does not provide medical advice.

Statements made on the Services have not been evaluated by Health Canada unless expressly indicated by the manufacturer.

Customers should consult qualified healthcare professionals regarding any health-related questions.

You agree to use all products responsibly and in accordance with applicable laws and manufacturer instructions.

SECTION 14 – DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services and all products are provided on an "as is" and "as available" basis.

Vapely expressly disclaims all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including without limitation:

  • merchantability;
  • fitness for a particular purpose;
  • non-infringement;
  • uninterrupted availability;
  • accuracy or completeness of website content;
  • compatibility with any device or software.

We do not warrant that:

  • the Services will always be available;
  • the website will be error-free;
  • defects will always be corrected;
  • the Services will be free from viruses or other harmful components.

Your use of the Services is entirely at your own risk.

SECTION 15 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Major City Vapes Inc., its directors, officers, employees, shareholders, affiliates, contractors, suppliers, licensors, service providers, and agents shall not be liable for any:

  • indirect damages;
  • consequential damages;
  • incidental damages;
  • special damages;
  • punitive damages;
  • loss of profits;
  • business interruption;
  • loss of goodwill;
  • data loss;
  • loss of business opportunity;
  • personal injury resulting from misuse, improper storage, unauthorized modification, or use of products contrary to manufacturer instructions or applicable law.

Our total aggregate liability arising from any claim relating to the Services or any product shall not exceed the purchase price paid for the specific product giving rise to the claim.

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

SECTION 16 – INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Major City Vapes Inc., DBA Vapely, together with its officers, directors, employees, affiliates, licensors, service providers, and agents, from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable legal fees, arising out of or relating to:

  • your breach of these Terms;
  • your misuse of the Services;
  • your misuse of any products purchased through Vapely;
  • your violation of applicable laws;
  • your infringement of any third-party rights.

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    SECTION 17 – GOVERNING LAW & JURISDICTION

    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada, without regard to conflict of law principles.

    You agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any purchase made through Vapely.ca shall be brought exclusively before the courts located in the Province of British Columbia, and you irrevocably submit to the jurisdiction of those courts.

    Nothing in these Terms limits any mandatory rights or remedies available to consumers under applicable Canadian consumer protection legislation.

    SECTION 18 – FORCE MAJEURE

    Vapely shall not be liable for any delay or failure to perform its obligations where such delay or failure results from causes beyond our reasonable control.

    These events may include, but are not limited to:

    • natural disasters;
    • fires;
    • floods;
    • severe weather;
    • acts of God;
    • war;
    • terrorism;
    • civil unrest;
    • labour disputes;
    • pandemics;
    • government actions;
    • supply chain disruptions;
    • transportation interruptions;
    • power failures;
    • telecommunications outages;
    • cyberattacks; or
    • failures of third-party service providers.

    Where reasonably practicable, Vapely will make commercially reasonable efforts to minimize the effects of such events and resume normal operations as soon as possible.

    SECTION 19 – SEVERABILITY

    If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remaining provisions shall remain in full force and effect.

    The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.

    SECTION 20 – NO WAIVER

    Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

    Any waiver of a provision of these Terms shall be effective only if made in writing and signed by an authorized representative of Vapely.

    No waiver of any breach shall constitute a waiver of any subsequent breach.

    SECTION 21 – ENTIRE AGREEMENT

    These Terms, together with our:

    • Privacy Policy;
    • Shipping Policy;
    • Refund Policy;
    • Age Verification Policy (if applicable); and
    • any additional policies or notices posted on the Services,

    constitute the entire agreement between you and Vapely regarding your use of the Services and supersede all prior agreements, communications, proposals, and understandings, whether written or oral, relating to the same subject matter.

    SECTION 22 – CHANGES TO THESE TERMS

    We reserve the right to modify, update, or replace these Terms at any time to reflect changes in our business operations, legal obligations, industry practices, or the functionality of our Services.

    Any changes become effective immediately upon posting to Vapely.ca unless otherwise required by applicable law.

    The "Last Updated" date at the top of these Terms will indicate when the most recent revisions were made.

    Your continued access to or use of the Services following the posting of revised Terms constitutes your acceptance of those revisions.

    If you do not agree with any changes, you must discontinue using the Services.

    SECTION 23 – PRIVACY

    Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, disclose, and safeguard your personal information.

    By using the Services, you acknowledge that you have read and understood our Privacy Policy.

    SECTION 24 – CONTACT INFORMATION

    If you have any questions regarding these Terms of Service, your order, or our Services, please contact us:

    Major City Vapes Inc. DBA Vapely

    788 Richards Street
    Vancouver, British Columbia V6B 0C7
    Canada

    Email: shopvapely@gmail.com

    Website: https://vapely.ca