Terms & Conditions

Conditions of Terms and Conditions:

You certify that you are of legal age or at least 21 years old by placing a purchase. You consent, by accepting our terms of service, to using a valid ID or photograph to verify your age and identity.

Overview:

AFROGHINI, LLC operates this website. Throughout the site, terms like “we”, “us”, and “our” refer to AFROGHINI, LLC or Lost Mary Direct. This website, along with all of the tools, resources, and information it offers are provided by AFROGHINI, LLC. Your participation in this website is governed by the terms, conditions, regulations, and notices that are displayed hereon.

By utilizing our site and/or completing purchases, you consent to these terms of service. Subject to these terms are all users, including browsers, merchants, consumers, sellers, and content creators.

Prior to utilizing our website, kindly review the following Terms of Service. You signify your agreement to be bound by these terms by using or accessing any part of this website. Using our services or accessing our website is strictly prohibited if you hold a contrary belief regarding any provision of these terms.

In addition, these terms of service will apply to any newly available tools or features that are added to the platform. These terms are available for review on this page in their most recent version. By posting updates or changes on our website, we reserve the right to amend, replace, or change any of these terms. You must establish the practice of routinely inspecting this page for any revisions. By persisting in utilizing the website subsequent to their publication, you grant your consent to the modifications.

BigCommerce hosts our store and provides an e-commerce platform for us to sell our goods and services.

Section 1: Terms of the Lost Mary Direct Store:

By using this website, you acknowledge that you are of legal age in your state or province and that you have obtained permission from your parents to use this website on behalf of any minor dependents.

You pledge not to use our products for illegal activities or violate any local laws, including those pertaining to copyright. It is forbidden to transmit any worms, viruses, or destructive code; doing so could lead to service termination.

Section 2: Online Orders:

Loss or Theft of Packets:

Your local postal carrier may decide to leave the package on your porch or at your door after confirming delivery. However, once delivery confirmation has been obtained, we will not be responsible for misplaced, stolen, or damaged packages.

INACCURATE ADDRESSES:

In the event that the final mile carrier returns a package to us due to an incorrect, incomplete, unclaimed, or undeliverable address, kindly let us know. Our returns team will process the package upon receipt and issue a refund for the full amount of your order.

Section 3: General Conditions & Terms

We reserve the right to decline service to individuals based on our own judgment, without the need for a specific explanation.

Please be aware that your content, including credit card information, might be transmitted in an unencrypted manner as it travels across various networks and undergoes modifications to meet the technical requirements of connected networks or devices.

You agree with this. Nevertheless, credit card data is consistently encrypted when being transmitted across networks.

Without our prior written consent, you undertake not to copy, reproduce, sell, exploit, or in any other way abuse any aspect of the service, its use, or access, including any communication channel made available on the website for the purpose of providing the service.

This agreement's headings are included for convenience only; they have no bearing on or authority to change these Terms.

Section 4 - Accuracy, Completeness, and Timeliness of Information: 

We want to make it clear that we are not responsible for any potential issues that may arise from incomplete, inaccurate, or outdated information found on this website.

This website's content is meant only for general informational purposes; it should not be used as the only source of information when making decisions in place of primary, more reliable, timely, or complete sources. You fully understand and agree to take 100% responsibility for any risks associated with using the information on this website.

This website's historical content is given only for your reference and may not be current. It is not our responsibility to offer updates; nevertheless, we reserve the right to make changes to the information included on this website whenever it is deemed necessary. It is your responsibility to stay informed about any updates we make to our website, you understand.

Section 5: Fee and Service Modifications

Our product prices may be modified at any time and without advance notification.

We have the authority to make changes or end the service, either in full or in part, without giving advance notice, at any given moment.

If we change the Service's price, suspend it, or end it altogether, neither you nor any other party will be held responsible.

Section 6: Products & Services

Some goods or services can only be accessed online via our website.

These products are returnable or exchangeable in compliance with our return policy, but they might not be available for long.

We go to great lengths to make sure that the website accurately portrays the colors and images of our merchandise. Nevertheless, we cannot ensure that every color will appear exactly on your computer screen.

Despite the fact that it is not required, we reserve the right to restrict the sale of our goods and services to particular individuals, geographical areas, or legal jurisdictions. Case-by-case consideration may be given to this decision. Furthermore, we maintain the right to limit the amount of goods or services that are provided. There is no guarantee that prices and lost mary product specifications will remain unchanged without prior notification. Furthermore, we have the right to discontinue the sale of any goods at any moment, and we reserve the rights to do so. Where prohibited, all offers made on our website for goods or services are null and void.

Regarding the caliber of any goods, services, data, or other resources you buy or get from us, we offer no guarantees. Furthermore, we make no guarantees regarding the correction of any errors discovered in the Service.

Section 7: Correctness of Account and Billing Data

We reserve the right to reject any orders that are placed with us. We maintain the right to limit or eliminate the quantity of products that a person, a household, or an order can purchase. There may be limitations on orders that are placed with the same credit card, customer account, billing address, or shipping address. We may try to contact you using the phone number, email address, or billing address you provided when placing the order if we change or cancel it. Additionally, we retain the prerogative to impose limitations on or decline orders that, in our exclusive discretion, seem to have been submitted by resellers, distributors, or dealers.

You hereby commit to furnishing comprehensive, precise, and current purchase and account particulars for each transaction conducted at our establishment.

It is your duty to promptly update your account information and other data, such as your credit card number and email address, in order to guarantee efficient transaction processing and to enable communication as needed.

Please visit our Returns Policy for any more information you may require.

Section 8: Supplementary Resources

You might be granted access to third-party applications over which we have no authority, management, or oversight.

You hereby acknowledge and agree that we are providing you with these tools "as is" and "as available," in no way endorsed, and without any representation, guarantee, or condition.

When you use optional third-party tools, we take no responsibility whatsoever.

Any optional tools that the website makes available to you are used at your own risk and expense. It is imperative that you comprehend and agree to the terms that have been established by the third-party provider(s) in question. 

There is a possibility that in the future, we will integrate new functions, services, tools, and resources into our website. I would like to bring to your attention the fact that these Terms of Service will also apply to any content that is contributed.

Section 9: Links to Other Websites

There is a chance that certain goods, services, and content made available via our service include content from outside sources.

There are external website links on this site that may direct you to pages that have not been recently updated. We would want to make it very clear and transparent that we do not take any responsibility for the accuracy or dependability of any materials, websites, products, or services that are offered by third parties. It is not feasible to hold us accountable for any issues that might arise from using these outside resources. Furthermore, we do not inspect, evaluate, or investigate the legitimacy of these sites.

Any injury or damages resulting from the purchase or use of products, services, materials, or information obtained via websites owned by third parties are not covered by us. We recommend that you thoroughly read and comprehend the third party's policies and practices before finalizing any transactions. If you have any queries or worries concerning the third party's products, you ought to get in touch with them directly.

Section 10: User Testimonials, Contributions, and Comments

If, at our request, you send us particular entries (like contest entries) or imaginative ideas, proposals, plans, or other materials—all together called "comments"—by email, mail, online, or another method, you agree and acknowledge that we are free to use whatever you submit, for any purpose. We reserve the right to modify, duplicate, publish, distribute, translate, and make other uses of your comments. There is no obligation on our part to (1) ensure the confidentiality of any comments made, (2) provide compensation in exchange for any comments made, or (3) provide a response to any comments made.

We have the authority to oversee, modify, or delete any content that goes against our Terms of Service or infringes on the intellectual property of a third party. Additionally, we will take action against any content that we deem to be illegal, offensive, menacing, slanderous, harmful to reputation, explicit, indecent, or otherwise inappropriate. On the other hand, it is essential to be aware that we are not compelled to carry out such actions.

You agree to refrain from violating any copyright, trademark, privacy, reputation, or other proprietary or individual rights of others when posting comments.

In addition, you guarantee that your comments will not contain any defamatory, abusive, pornographic, illegal, or malware-infested material that could compromise the functionality of the Service or any website to which it links. Utilizing an illegitimate email address, assuming the persona of another, or providing false information to us or third parties concerning the source of any comments are all unacceptable practices. It is entirely your responsibility to make sure that whatever you say is accurate. We cannot provide any guarantees or accept any responsibility for any comments made by you or any other third party. 

Section 11: Marketing via SMS

Kindly carefully review these terms and conditions pertaining to SMS messaging. By agreeing to these terms, you explicitly consent to receiving both non-marketing and marketing text messages from Lost Mary Direct, including messages generated by an Auto Dialer, sent to the mobile phone number(s) you have provided.

You have the option to opt out of these communications (excluding Auto-Dialer messages) at any time by responding with STOP to any text message received from Lost Mary Direct or by contacting Lost Mary Direct using the information provided below. Additionally, you can seek assistance at any time by reaching out us through our contact form or directly via email at support@lostmarydirect.com. Note that making purchases from Lost Mary Direct does not require consent to receive marketing or non-marketing text messages. Standard data and messaging fees might apply.

Section12: Personal Information

Please note that our privacy policy governs the submission of any personal information you provide.

Section 13: Addressing Inaccuracies, Mistakes, and Omissions

Occasionally, there may be typographical errors, inaccuracies, or omissions in the information provided on our website or through the Service.

This might have to do with product availability, shipping costs, transit times, promotions, offers, and descriptions. Lost Mary Direct has the authority to make necessary corrections to any errors, inaccuracies, or omissions, as well as to update or modify the information and cancel orders, without giving prior notice (even after an order has been placed).

Unless legally obligated, we do not assume responsibility for updating, altering, or providing clarification for any information available in the Service or on any linked website, including pricing information. We absolve ourselves of any responsibility in this matter. In the absence of a clearly indicated update or refresh date on the Service or any related website, it cannot be presumed that all data has been altered or updated. 

Section 14: Prohibited Applications

In addition to the limitations mentioned in the Terms of Service, using the site or any of its contents for the following purposes is strictly forbidden: 

(a) Taking part in any illegal activity.

(b) Enticing people to commit crimes on their behalf.

(c) Violation of any laws, ordinances, rules, or regulations, whether international, national, provincial, or state.

(d) Violating our rights to intellectual property or those of others.

(e) Inciting, intimidating, harassing, abusing, insulting, hurting, slandering, defaming, or discriminating against someone because of their gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, among other reasons.

(f) Giving inaccurate or deceptive information.

(g) Uploading or sending malicious code, viruses, or any other type of code that could compromise the operation or functionality of the Service, linked websites, or the Internet.

(h) Compiling or keeping track of the private information of others.

(i) Taking part in crawling, spidering, phishing, farming, pretexting, spamming, or scraping.

(j) Making any obscene or immoral use of the service.

(k) Tampering with or evading the Internet, linked websites, or the Service's security measures.

If you participate in any of these activities that are banned, we have the ability to stop your access to the Service as well as any website that is affiliated with these actions.

Section 15: Exclusion of Warranties and Limitation of Liability:

The consistency, timeliness, security, and error-free quality of your utilization of our service is not something that we can guarantee or represent in any way.

Furthermore, the accuracy and dependability of the results acquired through the utilization of the service cannot be guaranteed.

You understand and accept that we have the right to occasionally suspend the service for an indefinite amount of time or to terminate it at any moment without giving you any notice.

It is essential to keep in mind that the service is utilized at your own discretion and risk. The service, along with all of the goods and services that can be accessed through it, is given on the basis of their current condition and availability, unless it is specifically stated otherwise. The inclusion of any implied representations, warranties, or conditions pertaining to merchantability, fitness for a particular purpose, durability, non-infringement, or fitness for a merchantable quality is not permitted.

Lost Mary Direct and its associated parties are not responsible for any form of harm, loss, or damages, including but not limited to replacement costs, lost data, lost profits, lost revenue, or lost savings. This is applicable in all cases, regardless of whether the damages are a result of negligence or a breach of contract. You are responsible for any loss or damage that may occur while using the service, including any content or product that you upload, transmit, or make available. You bear the responsibility for any additional claims that may arise as a result of your utilization of the service or any goods. This includes situations in which we have been informed that such damages are possible. In the event that excluding or limiting liability for incidental or consequential damages is deemed unlawful in a specific jurisdiction, our liability will be restricted to the fullest extent allowed by law.

Section 16 - Indemnification: 

By using our service, you give Lost Mary Direct and its affiliates the power to protect, defend, and absolve any claim or demand made by a third party due to your violation of these Terms of Service or the associated documents.

Section 17 - Severability:

Regardless of the legality, voidness, or enforceability of any individual provision, the remaining terms of service will remain valid and enforceable in compliance with relevant laws.

The clause that is deemed unenforceable will be removed from these terms of service, and this decision will not have any bearing on the legality or enforceability of the remaining clauses.

Section 18: Termination:

In all intents and purposes, the obligations and liabilities of this agreement that both parties incurred prior to its termination date will continue to exist after its conclusion.

Irrespective of which party ends the agreement, these terms of service will continue to be valid. Users are free to terminate these Terms of Service at their discretion. They can do so by notifying us in writing or by no longer accessing our website. 

In the event of any violation or suspected violation of the terms outlined in these Terms of Service, we retain the authority to cancel this agreement at our discretion, without providing advance notification. You are held accountable for any remaining balances until the termination date.

Furthermore, we reserve the right to prohibit you from using any or all of our services, if deemed necessary.

Section 19: Whole Agreement:

Any right or provision contained in these Terms of Service that we do not immediately enforce does not absolve us of our obligation to do so later.

This agreement shall include the Terms of Service, as well as any other policies or guidelines pertaining to the Service, that are published on this site or provided to you. This document embodies the comprehensive agreement between both parties concerning your utilization of the Service. This clause invalidates any previous or ongoing agreements, whether spoken or written, that have been made between you and us. This covers all previous iterations of the Terms of Service.

It shall not be considered that the party accountable for composing these Terms of Service has waived any interpretive uncertainties.

Section 20: Amendments to the Service Terms: 

The Terms of Service, in their latest iteration, remain accessible for your perusal on this webpage.

At our sole discretion, we reserve the right to alter, amend, or replace any portion of these Terms of Service. This authority is exercised through the publication of modifications and updates on our website. When you visit our website, it is essential to check for any modifications on a frequent basis. You are obligated to accept any modifications that may be made to these Terms of Service if you use our website or access the Service.

Section 21 - Lost Mary Direct Return & Exchange Policy:

Kindly examine your items promptly upon receipt.  We only accept return or exchange requests for online items in the case of actual defects. Requests of this kind must be made within ten days of the order delivery confirmation. Lost Mary Direct retains the authority to decline any return or exchange requests.

Section 22 - Determining Warranty Coverage:

To determine the eligibility of your device for warranty coverage, we need to undergo a thorough troubleshooting process. This process serves two primary purposes. Firstly, many warranty claims don't involve faulty units; rather, they often entail simple issues that our vape experts can easily address. In order to process returns, we also have to follow the strict guidelines established by our manufacturers and suppliers.

Exclusions:

- Items on clearance

- Items with minor aesthetic flaws

- Issues such as tank leaks, dry hits, or coil shorts

- Damage that may occur after purchase can be attributed to various factors, such as improper usage, exposure to water, or normal wear and tear.

- Use of damaged or unsuitable batteries

What's Covered:

- Devices that are Dead On Arrival (DOA) and fail to turn on or function

- Screen problems

- Chip problems such as atomizer non-recognition or auto-firing

- Flaws in manufacturing

- Defects in internal batteries (if applicable)

Returned sealed items in original packaging are eligible for store credit within 30 days of purchase.

For certain products, we may request pictures or videos demonstrating the product's fault to process a replacement.

Exchanges:

You can exchange your eligible item for a sealed item of the same SKU (if available), an item of equivalent value, or store credit if it meets the requirements of our warranty.

Process of Troubleshooting (may take up to 30 minutes; allow enough time)

Step 1 - Initial Inquiry:

- Was the device functional upon unboxing?

- When did the issue first arise, and can it be replicated?

Step 2: Visual Examination

- Is the device's exterior damaged, scuffed, or bent?

Is there no damage to the battery door?

Are there any damage or misalignments to the battery terminals?

- Are there any indications of fire or water damage?

Section 23 - Contact Information:

Questions regarding these terms should be directed to support@lostmarydirect.com.

Disclaimer:

NOT FOR SALE TO MINORS | Products available for purchase on this website may contain nicotine, a highly addictive substance. CALIFORNIA PROPOSITION 65 - Caution: This product contains nicotine, which the state of California knows to cause reproductive harm, including birth defects. Only adult smokers are supposed to use these products. In order to purchase these products, it is necessary for you to meet the legal smoking age requirement in your state. Prior to making use of, it is essential to seek the advice of a qualified medical professional.. The e-liquids that are advertised on our website might include flavorings, nicotine, vegetable glycerin, and propylene glycol. Consuming our products could be dangerous. The Food and Drug Administration has not reviewed the products offered by Lost Mary Direct, nor are they intended to help people quit smoking. These products are not designed to be utilized in the diagnosis, management, prevention, or treatment of any disease under any circumstances whatsoever. To ensure safety, please store these products out of the reach of children and pets. Before making any purchases, we ask that you first carefully read the page that contains our terms and conditions. ALL ITEMS ON THIS WEBSITE ARE USED AT YOUR OWN RISK!