DOCUMENT REF: JV/TC/2026-REV05
EFFECTIVE DATE: JUNE 26, 2026
LEGAL INSTRUMENT

This Terms and Conditions of Use, Sale, and Service Agreement constitutes a valid, contractually binding, and legally enforceable mutual covenant executed by and between J_VAPES.KE, operating under the primary online domain jvapes.store with its central logistical fulfillment operational infrastructure situated within Ruiru, Kiambu County, Republic of Kenya (hereinafter referred to as the "Vendor"), and any natural person or corporate entity accessing, browsing, establishing an account session, or executing any commercial purchase transaction via the aforementioned domain (hereinafter referred to as the "User" or "Customer").

WITNESSETH:

WHEREAS, the Vendor operates an electronic commerce infrastructure specialized in the online showcase and localized logistics optimization of electronic nicotine delivery systems (ENDS), vaporizers, and synthetic nicotine formulations;
WHEREAS, the public health and commercial legal landscape of the Republic of Kenya strictly governs the advertising, sale, distribution, and consumption of synthetic nicotine solutions under the comprehensive frameworks of the Tobacco Control Act (2007), the Tobacco Control (Amendment) Bill, the Consumer Protection Act (2012), and the Data Protection Act (2019);
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree to the following terms:

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1. DEFINITIONS AND STATUTORY INTERPRETATION
1.1. "Electronic Nicotine Delivery System (ENDS)" or "Device" means any electronically operated apparatus, whether disposable, rechargeable, open-system, or closed-pod architecture (including but not limited to inventory items branded as Pynepod, Bugatti Spaceship, Lost Mary, and Vapengin), engineered to convert a liquid solution containing synthetic nicotine into an inhalable aerosol.
1.2. "Statutory Age Threshold" means the absolute legal age of majority mandatory for the purchase of nicotine analogues within the jurisdiction of the Republic of Kenya, strictly defined as eighteen (18) years of age or older.
1.3. "Fulfillment Agent" means any internal logistical staff member, localized flat-rate courier personnel, or third-party digital ride-hailing networks (including but not limited to Uber and Bolt logistics) executing physical handovers of product packages on behalf of the Vendor.

2. MANDATORY LEGAL AGE WARRANTY AND MULTI-STAGE VERIFICATION
2.1. ABSOLUTE REPRESENTATION OF MATURITY: By accessing any digital asset on jvapes.store, initiating an active browsing session, or registering personal metadata for checkout, the User provides an irrevocable, contractually binding representation and legal warranty to the Vendor that they have attained or surpassed the Statutory Age Threshold of eighteen (18) years.
2.2. MULTI-STAGE VERIFICATION PROTOCOL: To satisfy compliance thresholds under Kenyan public health guidelines, the User explicitly agrees to submit to a strict verification framework consisting of a digital attestation gate via the online platform interface, followed mandatorily by point-of-fulfillment identification where the recipient must present an original, unexpired Government-issued photo identification document (National Identity Card, Passport, or Alien Card).
2.3. FAILURE OF IDENTIFICATION: If the Customer fails to produce the mandatory identification, or if the Fulfillment Agent determines that the identification provided is altered, non-matching, or fraudulent, the delivery sequence shall be terminated instantly. The Customer shall completely forfeit all localized delivery fees paid, and the Vendor reserves the absolute right to levy an administrative restocking penalty equivalent to twenty percent (20%) of the gross order value.

3. COMPLIANCE WITH TOBACCO CONTROL LEGISLATION AND HEALTH DISCLAIMERS
3.1. STATUTORY RECLASSIFICATION ACKNOWLEDGEMENT: The User explicitly acknowledges that under current Kenyan jurisprudence and public health directives enforced by the Ministry of Health and the Tobacco Control Board, all synthetic nicotine formulations, e-liquids, and electronic delivery systems are regulated strictly under the statutory restrictions governing traditional tobacco products.
3.2. MEDICAL ASSUMPTION OF RISK: The User explicitly acknowledges that products sold via the site contain nicotine, a highly addictive and potent chemical substance. Vaporized aerosols may pose severe respiratory, cardiovascular, and systemic pathological risks. The items distributed by the Vendor have not been evaluated or certified as medical devices or smoking cessation aids under the Pharmacy and Poisons Act (Cap 244). The User assumes absolute, unilateral medical liability arising from the consumption or inhalation of substances procured from the Site.

4. LOGISTICS, DELIVERY ARCHITECTURE, AND TRANSFER OF RISK
4.1. FULFILLMENT COORDINATES AND TARIFFS: All retail dispatch sequences originate from the Vendor’s central logistical center in Ruiru, Kiambu County. The Vendor provides localized flat-rate courier dispatch services spanning Nairobi County, adjacent metropolitan zones, and countrywide transit networks. Standard logistical tariffs are dynamically calculated at checkout, generally ranging between 100 KES and 400 KES.
4.2. TEMPORAL VARIATIONS AND FORCE MAJEURE: Any delivery windows, intra-hour estimations, or temporal targets communicated by the Vendor are purely indicative and non-binding. The Vendor shall not be held liable for compensatory or consequential damages resulting from delivery delays caused by traffic congestion, infrastructural failures, or weather events.
4.3. ABSOLUTE TRANSFER OF RISK AND TITLE: The legal title to, and all risk of loss, structural damage, leakage, depletion, or destruction of the purchased inventory, shifts entirely and irreversibly to the Customer at the exact milestone of physical handover by the Fulfillment Agent at the delivery coordinates provided during checkout.

5. FINANCIAL TERMS, EXCISE DUTY ENFORCEMENT, AND TRANSACTIONAL FINALITY
5.1. CURRENCY AND PRICING FRAMEWORK: All financial figures, item prices, surcharges, and delivery fees listed on jvapes.store are denominated strictly in Kenyan Shillings (KES) and are inclusive of all prevailing value-added taxes (VAT) and excise duties levied under the revenue statutes of the Republic of Kenya.
5.2. PAYMENT PROTOCOLS: The Vendor accepts mobile fiat monetary transfers via the Safaricom M-Pesa network. The Vendor reserves the right to indefinitely withhold dispatch sequences if an M-Pesa transaction is flagged as incomplete or reversed.
5.3. ABSOLUTE FINALITY OF SALE: Due to strict public health protocols and the consumable nature of electronic nicotine delivery systems, ALL SALES ARE FINAL. The Vendor maintains a zero-refund policy for changes of mind or subjective flavor dissatisfaction.
5.4. DEAD-ON-ARRIVAL (DOA) MANDATORY VERIFICATION WINDOW: The Customer is legally required to unpack, inspect, and test the operational firing integrity of the Device immediately upon receipt, in the physical presence of the Fulfillment Agent. If a device exhibits an absolute mechanical failure at that precise juncture, a complimentary on-site replacement will be initiated. Once the Fulfillment Agent departs the delivery coordinates, the product is legally deemed fully operational, accepted, and uncontested. No subsequent claims regarding battery degradation or delayed leakage will be entertained.

6. DATA PROTECTION AND PRIVACY COVENANTS
6.1. STATUTORY ALIGNMENT: The Vendor collects, processes, encrypts, and retains user metadata in strict compliance with the provisions of the Data Protection Act (2019) of the Republic of Kenya.
6.2. SCOPE OF PROCESSING: Personal data harvested during checkout—including full legal names, active telephone digits, M-Pesa transaction receipts, and precise geographical coordinates—is processed solely for logistical execution and identity verification. No data matrices shall be sold, leased, or transferred to unauthorized third-party marketing networks.

7. INTELLECTUAL PROPERTY INDEMNITY
7.1. PROPRIETARY ARCHITECTURE: The user interface, backend data structures, visual layouts, glassmorphic design systems, and the signature text-based code logo rendered upon entry to jvapes.store represent the exclusive proprietary intellectual property of the Vendor.
7.2. PROHIBITED EXPLOITATION: Users are strictly prohibited from scraping, reverse-engineering, duplicating, or mimicking the functional code or asset databases of this Site. Any unauthorized data extraction will face immediate civil and criminal prosecution under the Computer Misuse and Cybercrimes Act (2018).

8. LIMITATION OF LIABILITY AND COMPREHENSIVE INDEMNIFICATION
8.1. TOTAL LIABILITY CAP: To the maximum extent permitted by the statutory laws of the Republic of Kenya, the total cumulative liability of the Vendor for any claim arising out of or concerning this agreement shall not exceed the exact gross amount in Kenyan Shillings actually paid by the Customer for the specific order giving rise to the liability.
8.2. INDEMNIFICATION CLAUSE: The User agrees to indemnify, defend, and hold harmless J_VAPES.KE and its operational management from any and all liabilities, legal judgments, regulatory fines, medical costs, or litigation expenses arising directly or indirectly from the User's violation of these Terms.

9. SEVERABILITY AND ENTIRETY OF AGREEMENT
9.1. SEVERABILITY CLAUSE: If any section, clause, phrase, or provision of this Agreement is adjudicated to be invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall endure in full force and effect.
9.2. ENTIRETY OF CONTRACT: This Instrument represents the complete, absolute, and finalized consensus between the Customer and the Vendor, superseding all prior oral agreements, informal chats, or historical promotional communications.

10. GOVERNING LAW AND EXCLUSIVE JURISDICTION
10.1. CHOICE OF LAW: This Agreement shall be governed by, construed, and enforced in absolute accordance with the Statutory Laws of the Republic of Kenya.
10.2. DISPUTE RESOLUTION PROTOCOL: Any dispute arising out of or relating to the use of jvapes.store shall first be subjected to alternative dispute resolution via amicable, good-faith mediation. In the event that mediation fails to yield a conclusive resolution within thirty (30) calendar days, the matter shall be submitted to the exclusive civil jurisdiction of the competent courts sitting in Nairobi County or Kiambu County, Republic of Kenya.

12. CONSIGNMENT MARKETPLACE MATRIX AND INTERMEDIARY LIMITATION OF LIABILITY
12.1. INTERMEDIARY CHANNEL STATUS: The Customer explicitly acknowledges and agrees that jvapes.store operates, in whole or in part, as a curated electronic brokerage and fulfillment platform for products sourced via consignment from third-party independent importers, brokers, and wholesale distributors (the "Primary Consignors"). The Vendor is not the manufacturer, primary importer, or initial brand recorder of the physical inventory showcased on the Site.
12.2. DISCLAIMER OF PRODUCT PROVENANCE: Because inventory is maintained on a consignment basis, the absolute legal burden of ensuring compliance with the Anti-Counterfeit Act (2008), including Phase 2 Intellectual Property Rights (IPR) Recordation and the application of the statutory Section 34B Anti-Counterfeit Security Device, rests solely and exclusively with the Primary Consignors. The Vendor executes no independent laboratory testing or chemical assays on the devices and provides zero warranties regarding the chemical purity of the e-liquids or the authenticity of the hardware designs.
12.3. DIRECT RECOURSE AND INDEMNITY TRANSFER: In the event that a Customer suffers any injury, battery failure, toxicological reaction, or legal complication arising from a product purchased through the Site, the Customer’s right of legal recourse is strictly limited to actions against the specific Primary Consignor or Manufacturer of the device. By executing a transaction on jvapes.store, the Customer grants the Vendor an absolute, irrevocable release from any product liability claims.