Terms & Conditions

User Agreement

You must read and agree to these Terms and Conditions before ordering any products from SUNSHINE NOVELTY. By placing your order, you agree to be bound by the following Terms and Conditions: All users of this site, including customers who receive order confirmations by email agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Additionally, If you do not agree with the following terms and conditions, you are prohibited from using the site and must discontinue immediately.

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity you and SUNSHINE NOVELTY (“Company”, “we”, “SUNSHINE NOVELTY”, “our”, or “us”), concerning your access to and use of the https://www.sunshinenovelty.com/ websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”).

Additional terms, conditions, or documentation maybe posted on the Website and are hereby expressly incorporated by reference. In our sole discretion SUNSHINE NOVELTY, can make changes or modifications to these Terms and Conditions at any time and for any reason whatsoever. You waive any right to receive specific notice of each such change. You are responsible to review these Terms and Conditions and stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date of such revised Terms and Conditions are posted.

The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be in opposition to applicable law or regulation, or would subject SUNSHINE NOVELTY to any registration requirements within such jurisdiction or country. Individuals, Entities, or any other person who choose to access the Website from other locations do on their own initiative and are solely responsible for compliance with applicable local laws, if and to the extent local laws are applicable.

The Website is intended for users who are at least 21 years old. Person under the age of 21 are not permitted to use or register for the Website or place orders on the Website whatsoever. Furthermore, this is not a Consumer Website, this Website is only for the use of Retailers, Distributors, and Wholesalers with a valid BUSINESS LICENSE only.

SUNSHINE NOVELTY reserves the right to request additional documentation in support of valid retail business status.Sunshinenovelty.com reserves the right to cancel any orders that are found to be placed by non-qualified accounts.

This Website contains, pictures, and information about Tobacco-Related products, nicotine and nicotine-related products, and other adult material not to be used, consumed, or viewed by anyone under the age of 21. Additionally, you agree to use the products offered herein for its legal and intended use only.

We reserve the right to refuse service or Website to anyone for any reason at any time.

SMS Terms of Service

These SMS Terms govern the Sunshine Novelty text message marketing program. By opting in you agree to them. This program is separate from, and not a condition of, any purchase or of your wholesale account.

1. Program description

Sunshine Novelty sends recurring automated promotional marketing text messages (new arrivals, price drops and special offers) to licensed business customers who have opted in. Messages may be sent using an automatic telephone dialing system.

2. Consent

You enroll by checking an opt-in box that is unchecked by default on our SMS signup page, at checkout, or in the SMS marketing consent section of our Wholesale Application, and by submitting the cell phone number you want us to text. Consent is not required to make a purchase or to open a wholesale account, and may be withdrawn at any time. You represent that you are at least 21 years old, that you are an authorized representative of a licensed business, and that you are the subscriber or customary user of the number you provide. If you give up that number, you must notify us.

3. Message frequency and cost

Message frequency varies. Message and data rates may apply. Your mobile carrier's standard rates apply to every message sent or received. We are not responsible for charges from your carrier.

4. Cancellation (STOP)

Reply STOP to any message to cancel. We will send one confirmation and then stop all marketing messages to that number. You may also cancel by emailing support@sunshinenovelty.com or calling +1 (407) 505-2060. To rejoin, sign up again at sunshinenovelty.com/sms.

5. Help (HELP)

Reply HELP to any message for assistance, or contact support@sunshinenovelty.com / +1 (407) 505-2060.

6. Supported carriers and delivery

Carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your carrier and is not guaranteed. Supported carriers may change without notice.

7. Privacy

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging opt-in data and consent will not be shared with any third party. See our Privacy Policy for how we handle your information.

8. Changes

We may modify or cancel the SMS program or any of its features at any time, with or without notice. Continued participation after a change constitutes acceptance of the updated terms. 

Product Disclaimer

I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This Product is not intended to diagnose, treat, cure or prevent any disease.

I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that the products listed on this website are not intended or to be used to treat any type of medical condition. I understand that I might be billed under SUNSHINE NOVELTY.

Warning

SUNSHINE NOVELTY products are not intended for use by persons under 21 years of age. Consult a physician before using any of our Products if you have any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, a family history of these or other medical conditions, or if taking any prescription, OTC and/or other medications.

No Warranties or Representations

Except to the extent that such warranties or representations are implied by law and cannot be excluded, SUNSHINE NOVELTY makes no warranty or representation regarding the quality, currency, accuracy, reliability, performance, completeness or fitness for purpose of any part of the information and content on this site, or on any pages or sites linked to this site. SUNSHINE NOVELTY does not represent or warrant that the information and content on this site, or the facilities that make it available, will not cause damage, or are free from any computer virus or any other defects or errors, or that your access to the site will be uninterrupted. To the maximum extent permitted by law, SUNSHINE NOVELTY is not liable (whether in contract, negligence or otherwise) for any loss or damage arising from the use of this content and information.

Links

SUNSHINE NOVELTY is not responsible for the information or content of any site accessed, or linked to, via this site. Links to other sites are provided for convenience only and do not represent any endorsement, sponsorship or approval of the products or services offered by the site owner or the information or content on such sites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Pricing

SUNSHINE NOVELTY reserves the right to correct pricing errors at any time. In the event we find a pricing error; we will make every attempt to notify the customer as soon as possible about the error. If a pricing error is determined, SUNSHINE NOVELTY will notify the customer of the pricing discrepancy and will determine a resolution at that time. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any products from the site (or any part or content thereof) without notice at any time.

Payment

Customers with return checks will have fees added to their accounts in the amount of $27 to $35.

Terms and Conditions

By ordering today I am authorizing the credit card I provide to be charged by clicking to order I represent that I have read and agree to the Privacy Policy and full Terms and Conditions of this offer and I understand that I will be liable for payment of product that was shipped to me.

Guarantee and Refund Policy

Return and Refund Policies at SUNSHINE NOVELTY is committed to providing you with excellent products and services. We stand behind the products we sell and guarantee that they are brand new, authentic, and in original packaging.

Return/Refund Policy

All standard products come with a 30-day return policy, eligible ONLY for new and unopened products based on the delivery date as provided by shipper. WE DO NOT ACCEPT RETURNS FOR THE FOLLOWING ITEMS: e-liquids/e-juice, disposables, consumable items and clearance items, no exceptions. Damaged/missing item exchanges must be reported within 48 hours of delivery to qualify for return authorization process.

No returns or exchange on any hemp or vape products. All products regardless of regulation and or any change of laws.

No return will be accepted without prior authorization. Refunds will be credited to customer accounts for future purchases. To return products please contact our customer support team at +1 (407) 505-2060. For all products more than 30 days are sales considered final.

Glass and Fragile Products – Shipping Damage

SUNSHINE NOVELTY takes reasonable precautions to ensure that all glass, glassware, and other fragile products are properly packed and protected prior to shipment. As part of our standard packaging practices, we use protective air pillows and other appropriate packing materials to help minimize the risk of damage during transit.

However, once an order has been handed over to the shipping carrier, SUNSHINE NOVELTY has no control over the handling, stacking, loading, unloading, or transportation of the package. Accordingly, SUNSHINE NOVELTY shall not be held responsible for any glass, glassware, or other fragile products that arrive partially or completely damaged as a result of carrier handling or transportation.

No returns, refunds, replacements, or account credits will be issued for glass or other fragile products damaged during transit. By placing an order containing glass or other fragile products and accepting these Terms and Conditions at checkout, the customer expressly acknowledges and agrees to these terms.

Exchange Policy

If any products arrive damaged, broken or part of your order is missing. You must notify the Company within 48 hours of delivery.

Intellectual Property Rights

Content on this Website unless otherwise indicated, including but not limited to text, databases, website designs, audio, video, photographs, graphics, code and functionality (Collectively rereferred to as “Content”) and the trademarks, service marks, and logos (Collectively rereferred to as “Marks”) is copyrighted as collective work under the United States and other copyright laws, and is the property of SUNSHINE NOVELTY, Inc. The collective work includes works that are licensed to SUNSHINE NOVELTY ALL RIGHTS RESERVED. The Content and Marks are provided on the Website “As Is” for your information and personal use only. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with SUNSHINE NOVELTY or purchasing SUNSHINE NOVELTY products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from different areas of the site solely for your own non-commercial use, or to place an order with SUNSHINE NOVELTY or to purchase SUNSHINE NOVELTY products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by SUNSHINE NOVELTY.

Provided that you are eligible to use this Website, you are granted a limited license to access and use the Website to download or print a copy of the any portion of the Content to which have properly gained access exclusively for non-commercial and personal use.

Accuracy of Information

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

SUNSHINE NOVELTY is not a manufacturer and SUNSHINE NOVELTY sells only finished goods which are manufactured by third parties. If you have questions concerning any products you should direct inquiries to the respective manufacturer of any product for the most accurate and complete information. You are responsible for making yourself informed regarding any product before purchasing from this Website.

Limitation of Liability

SUNSHINE NOVELTY shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Website or the performance of the products, even if SUNSHINE NOVELTY has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.

You agree that from time to time we may remove the s Website for indefinite periods of time or cancel the Website at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all products delivered to you through the Website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall SUNSHINE NOVELTY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Website, or for any other claim related in any way to your use of the Website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Age Verification

THIS WEBSITE CONTAINS INFORMATION REGARDING ELECTRONIC CIGARETTES. YOU MUST BE OF LEGAL AGE (21 YEARS OF AGE) TO ENTER, VIEW OR USE THIS WEBSITE.

In accordance with federal law, you must be of legal age to purchase electronic cigarettes from this website. Falsification of your age for the purpose of purchasing products from this website is strictly illegal and is punishable to the fullest extent of the law. Purchasing any products from this website on the behalf of a minor is prohibited and is punishable by law. We reserve the right to ask for identification upon our discretion.

By using and purchasing from this Website, you are confirming that you are of LEGAL age to purchase electronic cigarette products and you are not in violation of any applicable local government regulations concerning vapor products. We do not sell to anyone under the age of 21, even if the minimum age to purchase tobacco products is lower in your jurisdiction. We reserve the right to deny any orders we believe to be placed by a minor.

YOU MUST MEET THE LEGAL TOBACCO / VAPE / ELECTRONIC CIGARETTE AGE TO PURCHASE. WE WILL NOT COMPLETE A SALE TO CUSTOMERS UNDER THE AGE OF 21.

Providing false declarations of age under penalties of perjury is a CRIMINAL OFFENSE.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

Errors, inaccuracies and omissions

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information the Website is inaccurate at any time without prior notice (including after you have submitted your order).

Change to Terms and Conditions

You can review the most current version SUNSHINE NOVELTY’s Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

CALIFORNIA PROPOSITION 65 - Warning

This product contains nicotine, a chemical known to the state of California to cause birth defects or other reproductive harm. SUNSHINE NOVELTY products are not smoking cessation products and have not been evaluated by the Food and Drug Administration, nor are they intended to treat, prevent or cure any disease or condition. KEEP OUT OF REACH OF CHILDREN AND PETS. All product names, trademarks and images are the property of their respective owners, which are in no way associated or affiliated with SUNSHINE NOVELTY. Product names and images are used solely for the purpose of identifying the specific products. Use of these names does not imply any co-operation or endorsement.