NOT FOR SALE TO MINORS | CALIFORNIA PROPOSITION 65—Warning: Products on www.bidivapor.com contain nicotine, a chemical known to the state of California to cause birth defects and/or other kinds of reproductive harm. The Bidi Stick is not a smoking cessation product. All products in our website have not been evaluated by the Food and Drug Administration, nor are they intended to treat, prevent, or cure any disease or condition. Prior to any purchase, please consult a health care professional for any questions or advice relating to the purchase or usage of the products and e-liquids sold by Bidi Vapor. If you experience any adverse symptoms, seek medical attention immediately by calling 911, or any of your local emergency numbers. The United States Poison Control Center is available 24 hours a day, 7 days a week through their hotline number, 1(800)-222-1222. If you spill nicotine juice on your skin, the National Institute of Health recommends that you wash the affected area immediately with soap and lots of water for at least 15 minutes.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is owned and operated by Bidi Vapor, LLC. Throughout the site, the terms “we”, “us,” and “our” refer to Bidi Vapor as a brand name and company. These terms may also pertain to the Bidi Stick as a product under the brand name and company. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws:
By visiting the Bidi Vapor website or purchasing products from us, you are engaging in our “Service” and you agree to be bound by the terms and conditions set by the company. If you do not agree to these terms and conditions, please do not use this site. Moreover, any reliance you place on any information found on the Bidi Vapor website is strictly at your own risk. Bidi Vapor, its employees, and its representatives release themselves from liability for all transactions, information, and statements found on the site. Any or all comments left by users on the Bidi Vapor website do not reflect the opinion and values held by the owners, employees, and representatives of Bidi Vapor. In addition to the information cited above, the said comments do not testify to the accuracy of the claims made. By purchasing and/or using any products from Bidi Vapor, or using any information provided in the website, you acknowledge that you read and agree to these warnings and responsibilities, and solely accept all liabilities thereafter. In no way can Bidi Vapor, Bidi Stick, or its members, investors, managers, agents, affiliates, or employees be held responsible or liable for any adversity, loss, or damage caused by the purchase or use of Bidi Stick, e-liquids, or any vape products from Bidi Vapor. Purchases made on the Bidi Vapor website are at the risk of the buyer. Bidi Vapor is not held liable for injuries, death, damage, or defect that may result from improper handling or storage of purchased products.
Bidi Vapor as a brand also stands against underage vaping, hence, we are strictly implementing an age verification process to confirm that all users of the website are 21 years old and above. The age confirmation notice before a user can use the site is done in good faith that the user confirms his or her correct age. Moreover, we are in partnership with a third-party service provider to check and attempt to confirm that the name, address, and date of birth willingly provided by the customer to Bidi Vapor coincide in reference to an appropriate database of government records kept by the distributor, a direct marketing firm, or any other entity. If Bidi Vapor and the third-party service provider is unable to verify that the customer is 21 years of age through the above process, Bidi Vapor reserves the right to require the customer or product recipient to submit an age-verification kit that includes an attestation signed by the customer that he or she is of legal age to purchase the product, along a copy of a valid form of government identification. Bidi Vapor also reserves the right to verify that the billing address on the check or credit card matches the address listed in the valid documentations provided by the customer.
By using this site, the user also agrees that products purchased through our website will only be delivered to the purchaser or recipient’s verified billing address on the check or credit card used for payment in accordance to all relevant regulations. Thus, in the event that underage customers and users gain access to the site through malicious and unethical means, including but not limited to lying and fabrication of necessary information related to identity and age confirmation, Bidi Vapor is not held liable for injuries, death, damage, or defect that may result from any purchases or actions in the website.
In light of fake Bidi Vapor products being sold in the market, it is advised that our website users and customers only buy our products through our official website, or through authorized retail and wholesale stores. Bidi Vapor is not held liable for injuries, death, damage, or defect that may result from any purchases or actions from unauthorized sellers and counterfeit purchases.
THIS NON-EXCLUSIVE PREFERRED VENDOR AGREEMENT (this “Agreement”) is entered into effect as the purchase date (the “Effective Date”) of the Products by and between KAIVAL BRANDS INNOVATIONS GROUP, INC., a Delaware corporation (“Distributor”), and the purchaser of the Products (“Preferred Vendor”). Distributor and Preferred Vendor are each referred to herein as a “Party” and collectively, the “Parties.”
WHEREAS, Bidi Vapor, LLC, a Florida limited liability company (“Manufacturer”), is in the business of developing electronic nicotine delivery systems and related components (all such products whether now or hereafter made available for sale by Manufacturer being hereinafter referred to as “Products”).
WHEREAS, Distributor has entered into that certain Exclusive Distribution Agreement dated March 9, 2020 (as the same may be amended or otherwise modified from time to time, the “Distribution Agreement”) with Manufacturer pursuant to which Manufacturer has granted Distributor an exclusive worldwide right to distribute the Products for sale and resale.
WHEREAS, subject to the terms and conditions of this Agreement, Preferred Vendor wishes to be appointed, and Distributor is willing to appoint Preferred Vendor, as a non-exclusive Preferred Vendor of the Products solely to legal purchasers of the Products being hereinafter referred to as “Authorized Customers”).
NOW, THEREFORE, in consideration of the foregoing premises and the mutual representations and agreements set forth herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Distributor and Preferred Vendor, intending to be legally bound, hereby agree as follows:
Preferred Vendor shall be responsible for all expenses incurred by it in connection with the implementation and performance of its duties and obligations under this Agreement, including, without limitation: (i) salaries or compensation for its personnel; (ii) costs and expenses associated with establishing and maintain its sales organization and offices; and (iii) marketing, advertising and promotion expenses.
EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS UNDER SECTION 5 OF THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BY LIABLE UNDER THIS AGREEMENT TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.