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Terms & Conditions
WEB SITE TERMS AND CONDITIONS OF USE
NOTICE: Smoke Free, Inc. ("Smoke Free") products are intended for use by adult smokers. You must be of legal smoking age in your area to purchase and/or use this product.
WARNING:
Smoke Free electronic cigarettes, cigars and refills contain nicotine. Nicotine is not recommended for women who are pregnant or nursing, or by anyone who is at risk of heart disease, high blood pressure, diabetes, or is taking medication for depression or asthma. Do not use this product if you have an allergic reaction. This product is not sold for therapeutic use and is for recreational use only. Smoke Free products are neither intended nor marketed as a quit smoking aid or cessation device. Nicotine is addictive and habit forming. Consult your physician if you have any medical questions.
CALIFORNIA PROPOSITION 65: Warning: This product contains nicotine, a chemical known to the State of California to cause birth defects or other reproductive harm.
1. TERMS
By accessing this web site, you are agreeing to be bound by these Web Site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. USE OF LICENSE
A. Permission is granted to temporarily download one copy of the materials (information or software) on this web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1) modify or copy the materials;
2) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3) attempt to decompile or reverse engineer any software contained on Smoke Free, Inc.'s web site;
4) remove any copyright or other proprietary notations from the materials; or
5) transfer the materials to another person or "mirror" the materials on any other server.
B. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Smoke Free, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. DISCLAIMER
The materials on Smoke Free's web site are provided "AS IS". Smoke Free makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Smoke Free does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. LIMITATIONS
In no event shall Smoke Free or its suppliers or affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Smoke Free's Internet site, even if Smoke Free or a Smoke Free authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
DAMAGES:
IN NO EVENT SHALL SMOKE FREE, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SMOKE FREE, INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ITS PRODUCTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. REVISIONS AND ERRATA
The materials appearing on Smoke Free's web site could include technical, typographical, or photographic errors. Smoke Free does not warrant that any of the materials on its web site are accurate, complete, or current. Smoke Free may make changes to the materials contained on its web site at any time without notice. Smoke Free does not, however, make any commitment to update the materials. By using this web site you are agreeing to be bound by the then current version of these Web Site Terms and Conditions of Use.
6. LINKS
Smoke Free has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Smoke Free of the site. Use of any such linked web site is at the user's own risk.
7. GOVERNING LAW
Any claim relating to Smoke Free's web site shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions.
8. Recurring Payment Authorization (Credit Card/Debit Card) and E-Sign Consent:
By accepting these terms and conditions, you authorize Smoke Free to charge the credit card or the debit card account that you have specified each month in the amount of the balance due on your Smoke Free Monthly Subscription Program. You agree that the payment card specified by you for automatic monthly bill payments to Smoke Free is, and will continue to be, an account that you own, and that you will maintain sufficient availability under your credit card limit, or sufficient funds in the account linked to your debit card, as applicable, to pay your monthly Smoke Free bill. The automatic monthly charge to your credit card or to your debit card account will occur on or after the statement due date shown on your Smoke Free statement. Your monthly Smoke Free statement will constitute your notice of any variance in the amount that will be charged to your credit card or debited to your debit card account from month to month. These terms and conditions will constitute your copy of your recurring payment authorization to Smoke Free. Please print and retain a copy of this recurring payment authorization for your records.
(your first payment and delivery will occur once your subscription is complete. After that, your billing cycle will start base on the date you chose - 5th or the 20th of each month)
How Does the Monthly Subscription Program Work?
a. For the Monthly Subscription Program, you will receive a discount off our regular price based on the number or Cartomizers and length of your Monthly Subscription Program.
b. From time to time Smoke Free will offer different promotions or incentives with the Monthly Subscription Program. Any promotion or incentive will be at Smoke Frees discretion and will be implemented and/or discontinued at Smoke Frees decision.
c. You will be a member of the Monthly Subscription Program for the entire length of you commitment. Should you decide to end the program early you will be responsible for paying the regular price(s) for everything shipped or received up to that point?
d. Based on the quantity and length of your Monthly Subscription Program we will make adjustments to any processed payments or commitments in Store Credit.
e. Should you end your Monthly Subscription Program before the agreed upon conclusion. You will be responsible for paying regular prices for any incentive or promotions, shipped or received prior to cancelation.
You can cancel your recurring payment authorization only by one of the following means:
1) To cancel or modify future shipments in the Monthly Subscription Program, you must call our customer service center at 800 653-8594 at least ten days prior to the date that your next monthly delivery ships. Our customer service center is open Mon-Fri: 9am - 6pm EST. or
2) contacting Smoke Free by telephone or notifying Smoke Free in writing at [See Contact Us in the
electronic bill presentment and payment webpage footer]. Your request to cancel your recurring payment authorization must be received by Smoke Free at least ten business days before your statement due date for the month in which your request is made. If your cancellation request is submitted after this time, the cancellation will not take effect until the following billing cycle for your Smoke Free statement. If you cancel your recurring payment authorization, you will then be responsible for taking the appropriate action each month to pay your Smoke Free bill on or before the statement due date.
3) Unregistering from Smoke Frees electronic bill presentment and payment website will not cancel this recurring payment authorization.
4) Smoke Free is not responsible for any failure or error in processing your payment, including without limitation any interruption, omission, mistake, malfunction or delay to/from Bill Matrix.
5) If you wish to dispute a payment, such dispute should be taken up by you directly with your financial institution.
Regular Price Purchases:
Regular priced products offered for sale by Smoke Free on the Website are not offered in connection with any Monthly Subscription Program, and are billed in full at the time of your order. Your credit card will be billed for this amount on the date you place your order.
Delivery Confirmation Policy:
Because a variety of instances beyond our control may occur at your shipping address, you agree that any delivery confirmation (even those that do not include a signature) provided by the selected shipping provider is deemed sufficient proof of delivery to the credit or debit card holder.
9. SHIPPING RESTRICTIONS
Smoke Free, Inc. ships its products both nationally and internationally. We abide by the laws of the countries where we physically operate, and therefore, cannot ship to any US embargoed countries. Please be aware that some countries have placed restrictions on the importation of electronic cigarettes products (e.g. Canada, Mexico). Please check the law in your country before placing an order. A failure to familiarize yourself with your own country’s import laws may result in delays, seizures or non-arrival of your order at your own expense.
Items containing Nicotine are restricted from shipping to Canada. If you are a Canadian Customer and would like to order Non-Nicotine items, please call our Customer Service Team (1.800.653.8594) and they will further assist. Thank you!
P.O. Boxes: Please note that P.O. Box deliveries will be automatically shipped using USPS. We can't deliver to P.O. boxes with any other carrier.
10. Shipping and Handling
We offer free shipping on orders over $100. Smoke Free products are available to U.S. customers with U.S. shipping addresses with delivery supplied by either The United States Postal Service (USPS) or FedEx. New orders are typically packed within 2 business days of ordering and are delivered within the time frame specified during checkout based upon the shipping option selected. These time frames are merely a guide and we offer no guarantee unless otherwise posted. Once your order has been shipped, you will receive an email confirmation with an order tracking number and information on how to track your package.
Smoke Free, Inc. ships its products both nationally and internationally. We abide by the laws of the countries where we physically operate, and therefore, cannot ship to any US embargoed countries. Please be aware that some countries have placed restrictions on the importation of electronic cigarettes products (e.g. Canada, Mexico). Please check the law in your country before placing an order. A failure to familiarize yourself with your own country’s import laws may result in delays, seizures or non-arrival of your order at your own expense.
Items containing Nicotine are restricted from shipping to Canada. If you are a Canadian Customer and would like to order Non-Nicotine items, please call our Customer Service Team and they will further assist.
Overnight orders that were received on Thursday after 4pm EST will be shipped on the following Friday and will not arrive until the following Monday. In case you would like to expedite your shipment, you may call our toll free number and ask for a Saturday delivery.
Please note: all expedited delivery orders placed after 3:00pm Eastern Time, add one extra day for processing. Saturday, Sunday and all federal holidays are considered as non-business days and are not calculated in the delivery timeframe. Please don’t hesitate to chat or call us if you require help in figuring out what shipping type will best suit your needs.
11. Returns
Due to the nature of our product, we are unable to offer refunds on any sales of the Smoke Free Electronic Cigarette.
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