Sales Terms and Conditions
Section 1 – Your Acceptance
These Sales Terms and Conditions (“Terms”) are applicable to all sales made by Prilla, Inc. a subsidiary of NICTECH AB, with registered address at PO Box 92016, 54102 Skovde, Sweden. Throughout the Terms “we”, “us” and “our” refer to Prilla, Inc. while “you” and “your”, “purchaser” and “customer” refer to the user of Prilla.com and/or purchaser of Prilla, Inc. products.
By purchasing something from us and/or using our website (the “Site”), you agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. You can view this provision by scrolling to the section titled “Arbitration” at the end of these Terms. Please read these Terms carefully before purchasing our products. Prilla, Inc.’s acceptance of any order is expressly conditioned upon your agreement to be bound by these Terms. Prilla, Inc. reserves the right, in its sole discretion, to reject any purchase order for any reason, or no reason at all.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 2 – Your Representations
By agreeing to these Terms, you represent that you are at least 21 years of age or the age legally required by applicable law to use Prilla, Inc. products. You agree that you’re aware of current legislation regulating nicotine pouches in the state to which you’re ordering. You further represent that you will not use our products for any illegal or unauthorized purpose.
All purchases are for personal use and shall not be for resale.
You further represent that you are aware that (i) Prilla, Inc. products contain nicotine (ii) nicotine is an addictive chemical and (iii) use of nicotine may pose certain health risks. You should consult with a physician before using Prilla, Inc. products.
A breach the Terms by you will result in an immediate termination of any unfilled purchase orders and Prilla, Inc.’s refusal to accept future purchase orders by you.
Section 3 – Age Verification
The products sold by Prilla are designed strictly for adult recreational use. They are not intended for anyone who is below the legal age in their jurisdiction for consuming nicotine products. Therefore, you must be of legal age in the locality in which you reside in order to purchase products from us.
We use third-party age verification systems in accordance with federal and state law. Therefore, we reserve the right to use any personal information provided by you to carry out and conduct relevant age verification checks. As part of checks made, we may utilize third-party age verification services, data from various credit reference agencies, the electoral roll, and other databases or agencies.
If necessary, we reserve the right to ask for identification. Please note that certain states legally require you to pass third-party verification and/or upload a copy of a valid government issued ID.
If you cannot provide a social security number or credit card or billing address verification is unable to match you to our third-party database in compliance with applicable law, then your order will not be accepted.
Some states require us to send all orders via a method of shipment that requires an adult to sign for the package. The carrier may also require evidence that the recipient is an adult residing at the shipping address by asking for a copy of their government issued ID. You hereby agree and undertake to ensure that an adult residing at your shipping address will be available for signature and that they will provide proof of age and residence as required by the carrier and applicable law.
Section 4 – Privacy
Section 5 – Pricing
All prices and costs are quoted in United States Dollars (USD). Every product is shown excluding sales and excise tax. Sales and excise tax is added at checkout if applicable. At the checkout page you can see the total price including sales tax, shipping, method of payment and excise tax if applicable. Certain states require that the consumer to report and pay applicable taxes. If you purchase Prilla, Inc. products from, or reside in, such a state, you agree to comply with applicable state law.
Product advertised prices are non-binding in nature. Prices for our products are subject to change without notice.
We shall not be liable to you or to any third-party for any price change of any product.
Section 6 – Product Offerings and Returns
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, in our sole discretion, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
Certain jurisdictions do not allow the sale of flavored tobacco products. Flavored products may not be shipped to these places.
We reserve the right to limit the quantities of any products or that we offer. All descriptions of products are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
Section 7 – Product Safety
Once purchased, the products purchased from Prilla should only be used in accordance with the manufacturers' instructions and should likewise be inspected before use and properly maintained. Nothing in this notice affects your statutory rights.
The products sold on the Site contain nicotine, which is highly addictive and habit-forming. If nicotine comes into contact with your eyes or skin, wash immediately with soap and water to avoid irritation. In very high doses, nicotine can be lethal if inhaled or ingested. Do not use products purchased from us if you are pregnant or breastfeeding; at risk for heart disease, hypertension, and diabetes; or taking medication for depression or asthma. We strongly advise against using these products if you are a nonsmoker. Consult a doctor before use if you are allergic to nicotine, propylene glycol, or any combination of inhalants. If you experience side effects such as nausea, vomiting, dizziness, upset stomach, headache, or rapid heartbeat, stop using the product and see a physician. Products sold by Prilla are not designed to treat or cure any disease, physical ailment, or condition. They are not smoking-cessation tools and should not be used by nonsmokers. The products sold by Prilla have not been evaluated by the FDA.
California Prop 65
WARNING: Products found on this Site can expose you to chemicals including nicotine, which is known to the State of California to cause birth defects or other reproductive harm. For more information go to: www.P65Warnings.ca.gov.
Section 8 – Accuracy of Billing and Account Information
If we deem it necessary, we may attempt to notify you by contacting the e-mail and/or shipping address/phone number provided at the time the order was made. In addition, certain states require us to contact you by telephone prior to shipping your order.
As such, you agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, phone number and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We will not be responsible for replacing or buying out orders lost in delivery.
For more detail, please review Section 11 and our Return Policy.
Section 9 – Payments
For the card payment we accept the following credit cards: MasterCard, Visa, American Express, Discovery and Diners. Credit card payments will be charged in the amount and currency that you select. In most states, the company taking payment and charging your credit card will be Prilla, Inc.. In addition, in some states, we offer PayPal as payment option. For California and Florida orders, our parent company, NICTECH AB, will be processing payment.
Section 10 – Delivery
So long as the product is in stock, the delivery time is 2-5 business days and is stated in the shopping cart next to the various ways of delivery. Delivery time is an estimate only and shall not be deemed “of the essence” as that term is defined by applicable law. If a service/product has another delivery time than expressed in the shopping cart, this delivery time will be stated in connection to the individual services/products.
Shipping is only done to countries visible at checkout, which include United Kingdom and the United States, and to to select states. All risk of loss or destruction during shipment shall be solely borne by you.
In case Prilla, Inc. has reason to question buyer's solvency or ability to pay for delivered products, Prilla, Inc. has no obligation to make delivery, and shall be entitled to stop products under carriage, unless you make advance payment for the delivery or grant security which can reasonably be accepted by Prilla, Inc.
Shipping costs are always included in your shopping cart total.
Section 11 - Lost Shipment
It is your responsibility to enter the correct delivery address details at the time of ordering. If a customer enters the incorrect or incomplete address and goods are delivered to the wrong address, we are under no obligation to issue a refund or send replacement goods. If goods are returned to us because they have been sent to the wrong address, we are not obliged to re-send them at our expense. If you notice that you have provided the incorrect or incomplete details, please contact us as soon as possible.
All items purchased from our Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
If the carrier has marked your order as delivered but you have not received it, then you must let us know within 5 business days of the delivery date, and we may, at our sole discretion, re-ship your order. Outside of this time frame, Prilla cannot be held responsible for your package.
Re-shipping orders is in our sole discretion. All re-shipped orders must be sent to the original shipping address given.
Some states require us to send all orders via a method of shipment that requires an adult to sign for the package. If a package is returned to sender because the carrier could not collect an adult signature and/or proof of ID, Prilla reserves the right to re-ship a replacement order only after the original package has been returned to us and processed.
Section 12 – Disclaimer of Warranties; Limitation of Liability
The products are (except as expressly stated by us) provided “as is”, and Prilla, Inc. DISCLAIMS ANY WARRANTY NOT EXPRESSLY PROVIDED HEREIN AND ANY IMPLIED WARRANTY, GUARANTY OR REPRESENTATION AS TO PERFORMANCE, QUALITY AND ABSENCE OF HIDDEN DEFECTS, AND ANY REMEDY FOR BREACH OF WARRANTY OR CONTRACT, WHICH BUT FOR THIS PROVISION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO CASE SHALL PRILLA, INC. 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, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR PURCHASE AND/OR USE OF ANY PRODUCTSEVEN 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.
Section 13 – Indemnification
You agree to indemnify, defend and hold harmless Prilla, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, your use of the Site or your purchase or use of any products from us.
Section 14 – Intellectual Property
All intellectual property rights to, ownership of, and interest in all trademarks, trade names, logos, distinctive marks, designs, and other materials related to the Site and/or the products (the “Intellectual Property”) are vested exclusively in Prilla, Inc. and its parent, affiliate, and subsidiary companies. You shall not reproduce, modify, transfer, grant, assign, license or use the Intellectual Property, except in accordance with these Terms.
Section 15 – Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 – Force Majeure
If Prilla, Inc. is temporarily unable to perform any of its obligations to you because of force majeure, as that term is defined by appliable law, we will be entitled to suspend performance under these Terms for as long as the force majeure lasts. If we are permanently unable to perform any of our obligations to you because of force majeure, we will be entitled to terminate the specific order with immediate effect and without any liability to you whatsoever.
Section 17 – Non-Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the products constitutes the entire agreement and understanding between you and us and govern your purchase of the products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Section 18 – Arbitration
Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Prilla. For any dispute with Prilla, you agree to first contact us via email and attempt to resolve the dispute with us informally.
In the unlikely event that we have not been able to resolve a dispute it has with you after sixty (60) days, you and Prilla each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, the breach or alleged breach thereof, your use of the Site, or your purchase or use of purchased products from Prilla (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein (including the exclusion of any claims brought by Prilla for injunctive or other equitable relief as provided in Section 16 below).
JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Las Vegas, Nevada, unless you and Prilla agree otherwise. If you are an individual using products or services provided by Prilla, or the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction consistent with the requirements in Section 16 below.
Class Action and Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained products or services provided by Prilla or used the Site for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless Prilla agrees otherwise, the arbitrator may not consolidate more than one person's claims.
You agree that, by entering into this agreement, you and Prilla are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Section 19 – Governing Law; Forum Selection
These Terms will be governed by and interpreted under the laws of the State of Nevada, USA, without regard to its principles of conflict of laws. Exclusive venue for any action to enforce an arbitral award rendered pursuant to these Terms will be the state or federal courts of Nevada. You agree that the State of Nevada is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in Section 17 is found to be unenforceable. You agree not to bring any such actions in any other venue and you expressly agree to waive all objections to these venues.
You expressly consent to be subject to the personal jurisdiction of the state and federal courts of Nevada. You agree that: (i) the Site and products and services provided by Prilla shall be deemed solely based in Nevada; and (ii) the Site and Prilla services shall be deemed passive ones that do not give rise to personal jurisdiction over Prilla, either specific or general, in jurisdictions other than Nevada.
The parties waive any right they may have otherwise had, but for this Section 16, to file a motion to dismiss or to transfer venue for lack of personal jurisdiction or forum non-conveniens.
The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding paragraphs with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
We reserve the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. You agree to submit to the personal jurisdiction of the federal and state courts located in Nevada for any actions for any such relief.
Section 20 – Contact information
Questions about the Terms should be sent to us at firstname.lastname@example.org.