Terms & Conditions

Overview

This website is operated by Next Generation Mart. Throughout the site, the terms "NxtGen Mart," "we," "us," and "our" refer to Next Generation Mart. NxtGen Mart offers this website, including all information, tools, and services available from this site and our associated iOS and Android mobile applications (collectively, the "NxtGen Mart Services" or "Services"), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site, using our apps, and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink (such as the Return Policy and Privacy Policy). These Terms of Service apply to all users of the site and Services.

Please read these Terms of Service carefully. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions, you may not access the website or use any services.

Purpose of Use. The NxtGen Mart app and website are a digital extension of our licensed physical retail store located at 1114 Ogletown Rd Ste B, Newark, DE 19711. All orders placed through the NxtGen Mart Services are fulfilled directly from that licensed premises in accordance with Delaware state law. The Services are intended solely for lawful personal use by Delaware residents within our delivery service area.

Electronic Communications

When you use the NxtGen Mart Services or send communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on this site or through the apps. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Section 1 — Online Store and Account Terms

1.1 Age of Majority. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. While NxtGen Mart may sell products for children, it sells them to adults who can purchase with a permitted payment method.

1.2 Account Responsibility. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, and to promptly update your information so that we can complete your transactions.

1.3 Prohibited Uses. You may not use our products for any illegal or unauthorized purpose nor violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

1.4 Geographic Restrictions. NxtGen Mart currently operates exclusively within the State of Delaware and delivers within a 25-mile radius of our store located at 1114 Ogletown Rd Ste B, Newark, DE 19711. Orders placed for delivery addresses outside this service area will not be fulfilled. We reserve the right to cancel any order placed from outside our designated service area and issue a full refund.

Section 2 — Intellectual Property and License

2.1 Copyright and Trademarks. All content included in or made available through any NxtGen Mart Service, such as text, graphics, logos, images, and software, is the property of NxtGen Mart or its content suppliers and is protected by United States and international copyright laws. Graphics, logos, and service names included in or made available through any NxtGen Mart Service are trademarks or trade dress of NxtGen Mart.

2.2 License and Restrictions. Subject to your compliance with these Terms, NxtGen Mart grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the NxtGen Mart Services.

• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without written permission by us.
• You may not use the NxtGen Mart Services to infringe, misappropriate, or violate intellectual property or other legal rights.
• You will not, and will not allow any third party to, use AI-generated content from the NxtGen Mart Services to, directly or indirectly, develop or improve large language models, machine learning models, or related technology.

2.3 Intellectual Property Complaints. NxtGen Mart respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, you must follow the notice and procedure for making claims of infringement provided by NxtGen Mart's designated agent.

Section 3 — Products, Pricing, and Risk of Loss

3.1 Product Information and Pricing. Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We do not warrant that product descriptions or other content of any NxtGen Mart Service is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice.

3.2 Risk of Loss. All purchases of physical items from NxtGen Mart are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon delivery by our driver to the designated delivery address.

3.3 Returns, Refunds, and Title. Certain products or services may be subject to return or exchange only according to our Return Policy. NxtGen Mart does not take title to returned items until the item arrives at our store. Age-restricted products (including all tobacco and vape products) are final sale and cannot be returned or exchanged under any circumstances.

Section 4 — Age-Restricted Products

NxtGen Mart sells tobacco, vaping products, and other age-restricted items. The purchase and sale of these products is governed by Delaware Code Title 16 § 2903 (Tobacco 21 Law) and all other applicable federal, state, and local laws. By placing an order that includes age-restricted items, you represent, warrant, and agree to all of the following.

By using this app, you affirm that you are at least 21 years of age. Misrepresenting your age to obtain tobacco products is a violation of Delaware law and will result in an immediate permanent ban from the NxtGen Mart platform.

4.1 Minimum Age Requirement. You must be at least 21 years of age to purchase tobacco, vaping products, or any other age-restricted item offered on the NxtGen Mart platform. It is a violation of law and these Terms to purchase or attempt to purchase age-restricted products if you are under 21 years of age.

4.2 In-App Age Verification. Before browsing or purchasing age-restricted products, you will be required to verify your age by providing your date of birth through our in-app age gate. We may also utilize device-level age signals (such as Apple's Declared Age Range API) to streamline verification for users whose device indicates adult status. Providing a false date of birth constitutes fraud and may result in immediate account termination and referral to law enforcement.

4.3 Identity Verification at Delivery. Our driver will require a valid, unexpired government-issued photo ID (driver's license, state ID, or passport) before handing over any order containing age-restricted items. If the recipient cannot produce a valid ID showing they are 21 or older, the driver will not complete delivery of the restricted items and will return them to our store. No refund will be issued for items that cannot be delivered due to failure to produce valid identification. You will be charged for the order in full.

4.4 Self-Delivery Only. Age-restricted items are delivered exclusively by NxtGen Mart's own verified, trained, and Delaware-licensed delivery personnel. We do not use third-party couriers (such as DoorDash or Uber Eats) for orders containing tobacco or vape products. This ensures that all applicable age verification and legal requirements are met on every delivery.

4.5 Responsible Party. The adult who places the order is the only person permitted to receive the delivery. Ordering on behalf of a minor, or accepting delivery of age-restricted products for the purpose of providing them to a minor, is a violation of Delaware Code Title 16 § 2903 and these Terms, and may subject you to civil and criminal liability.

4.6 Compliance Acknowledgement. At checkout, you will be asked to affirmatively check a box confirming that: (a) you are 21 or older; (b) you understand a valid ID will be required at delivery; and (c) you are purchasing in compliance with all applicable laws. Failure to check this box will prevent your order from being placed.

4.7 No Returns on Age-Restricted Items. Consistent with Section 3.3 above and our Return Policy, all sales of tobacco, vaping products, and other age-restricted items are final. No returns, exchanges, or refunds are available for these products except in the case of an error by NxtGen Mart (e.g., we shipped the wrong item).

4.8 Right to Refuse. NxtGen Mart reserves the right to refuse the sale of any age-restricted product to any person at any time, for any reason, including but not limited to reasonable suspicion of purchasing for a minor, inability to verify age, or compliance with applicable law.

Section 5 — User Content and Third-Party Links

5.1 User Submissions and Content. If you post content or submit material (collectively, 'comments') to NxtGen Mart, you grant NxtGen Mart a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, and display such content throughout the world in any media.

• We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
• You represent and warrant that you own or otherwise control all of the rights to the content that you post, and that the content is accurate and will not cause injury to any person or entity.

5.2 Third-Party Links and Tools. Certain content, products, and services available via our Service may include materials from third-parties. We are not responsible for examining or evaluating the content or accuracy, and we will not have any liability for any third-party materials or websites. Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

Section 6 — Disclaimer of Warranties and Limitation of Liability

6.1 Disclaimer of Warranties. You expressly agree that your use of the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided 'as is' and 'as available,' without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

6.2 Limitation of Liability. To the full extent permissible by law, NxtGen Mart, our directors, officers, employees, affiliates, agents, or licensors will not be liable for any damages of any kind arising from the use of any NxtGen Mart Service, including, but not limited to direct, indirect, incidental, punitive, special, or consequential damages. 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.

6.3 Indemnification. You agree to indemnify, defend, and hold harmless Next Generation Mart and our affiliates, partners, officers, and employees, 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 of Service or your violation of any law or the rights of a third-party. This indemnification obligation expressly includes any claims arising from your violation of Section 4 (Age-Restricted Products) and Delaware Code Title 16 § 2903.

Section 7 — Governing Law and General Terms

7.1 Applicable Law and Disputes. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware for resolution of any disputes.

7.2 Regulatory Compliance. NxtGen Mart operates in compliance with all applicable Delaware statutes and regulations, including but not limited to Delaware Code Title 16 § 2903 (Tobacco 21 Law), the Delaware Personal Data Privacy Act (DPDPA), and all applicable regulations of the Delaware Division of Public Health. We cooperate fully with regulatory authorities and may report violations of age-restricted product laws to the appropriate authorities.

7.3 Termination. These Terms of Service are effective unless and until terminated by either you or us. If in our sole judgment you fail to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice.

7.4 Entire Agreement. These Terms of Service and any policies posted by us on this site constitute the entire agreement and understanding between you and us, governing your use of the Service.

7.5 Changes to Terms. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

7.6 Contact Information. Questions about the Terms of Service should be sent to us at support@nxtgenmart.com or by calling +1-302-294-6979. Our physical address is: Next Generation Mart, 1114 Ogletown Rd Ste B, Newark, DE 19711.

Section 8 — Apple App Store Supplemental Terms

If you download or use the NxtGen Mart mobile application through Apple's App Store, the following additional terms apply. To the extent any provision of this section conflicts with another provision of these Terms, this section controls with respect to your App Store download.

8.1 Parties. This End User License Agreement (EULA) is between you and Next Generation Mart only, and not with Apple Inc. ("Apple"). Apple is not a party to this agreement and shall have no obligation whatsoever to furnish any maintenance or support services with respect to the NxtGen Mart application.

8.2 App Store Terms. Your use of the NxtGen Mart application must comply with the App Store Terms of Service. NxtGen Mart, not Apple, is solely responsible for the NxtGen Mart application and its content.

8.3 Maintenance and Support. Apple has no obligation to provide any maintenance or support services for the NxtGen Mart application. All maintenance and support inquiries should be directed to Next Generation Mart at support@nxtgenmart.com or +1-302-294-6979.

8.4 Warranty. In the event of any failure of the NxtGen Mart application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the application. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of Next Generation Mart.

8.5 Product Claims. Next Generation Mart, not Apple, is responsible for addressing any claims by you or any third party relating to the NxtGen Mart application or your possession and use thereof, including without limitation: (a) product liability claims; (b) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

8.6 Intellectual Property. In the event of any third party claim that the NxtGen Mart application or your possession and use of that application infringes that third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of any such claim.

8.7 Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

8.8 Third-Party Beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.