TERMS AND CONDITIONS
I. GENERAL TERMS AND CONDITIONS:
BEFORE MAKING ANY USE OF OUR WEBSITE, PLEASE READ FULLY THE TERMS AND CONDITIONS GOVERNING THE USE OF OUR WEBSITE. BY USING OUR WEBSITE, YOU AFFIRMATIVELY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO EACH AND EVERY TERM IN THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT AND ABIDE BY ALL OF THESE TERMS, DO NOT CONTINUE WITH THE USE OF OUR WEBSITE. FAILURE TO CAREFULLY REVIEW THE AGREEMENT IN ITS ENTIRETY DOES NOT EXCUSE YOU FROM ANY OF THE INCLUDED TERMS AND CONDITIONS, INCLUDING YOUR EXPRESS AGREEMENT TO ARBITRATE YOUR DISPUTES WITH THESMOKERSWORLD.COM, ITS CORPORATE OWNERS, OFFICERS, MEMBERS, AND/OR AFFILIATED COMPANIES.
AGE: WE DO NOT SALE TO MINORS. IT IS STRICTLY PROHIBITED FOR ANY MINOR, UNDER THE AGE OF 21 AS DEFINED BY THE LAWS OF THE UNITED STATE, TO REGISTER AND/OR MAKE ANY USE OF OUR WEBSITE. BY REGISTERING AND/OR USING OUR WEBSITE YOU ACKNOWLEDGE AND AFFIRM THAT YOU ARE ABOVE THE LEGAL AGE WITHIN THE STATE YOU RESIDE TO USE COMPANY’S SERVICES OR PRODUCTS. COMPANY RESERVES THE RIGHT TO REFUSE ORDERS IN THE EVENT THAT YOU FAIL AGE VERIFICATION.
II. PRODUCTS, ORDERS, AND PURCHASES:
a. Orders: Thesmokersworld.com, in its sole discretion, reserves the right to decline online orders placed by you. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
b. Products Availability: All orders are subject to the availability. If, for any reason, the ordered products are unavailable, the Consumer will be offered at his/her choosing either another product or a full refund. You acknowledge and agree that in the event a product you ordered is unavailable, thesmokersworld.com will not be responsible for any losses resulting from the unavailability of the product or thesmokersworld.com’s inability to supply the ordered product.
c. Product Information and Price: All the product information and pricing listed on thesmokersworld.com website is accurate of the time listed. The information and pricing are subject to change and updated frequently. Thesmokersworld.com recognizes that clerical errors may occur during the input of product information or description. In the event of a clerical error, thesmokersworld.com reserves the right to revise the product information and description. You acknowledge that all quoted prices for thesmokersworld.com’s products are subject to change at any time and without prior notice. You further acknowledge that the quoted prices for each product do not include shipping and handling charges.
d. Sales Tax: Prices do not include sales tax. Sales tax will be added to all Consumer transactions initiated and/or which contain a shipping address in Florida. Some states outside of Florida may require us to collect sales tax on their behalf, in such case purchases outside of Florida may be subject to sales tax as well.
III. RETURN POLICY:
All products purchased from our website are exclusively subjected to this Return Policy. The following terms and conditions cover the situations where either (a) the products are faulty or damaged on delivery; or (b) you change your mind and wish to return non-faulty products.
a. Return of Damaged Products: In the event that you received a damaged device, you must notify thesmokersworld.com immediately of the damaged device. In notifying thesmokersworld.com, you must provide a description of the damage, and provide proof of the damage at the time of receipt (this includes photos of the damaged package). We will review your request and if found to be legitimate we will issue you an authorization for replacement products which will be sent to you. Products are subject to exchange only, and no replacement approval will be granted if received more than 10 days after the date of delivery. Any re-delivery is subject to your return of the damaged products along with its original packaging and a copy of the purchase invoice. Please contact us for a Return Authorization at: firstname.lastname@example.org.
b. Return of Non-Faulty Products: There are no refunds for returns of products purchased on our website. If you choose to return a product, you may do so if it sealed in its original packaging, and you have returned it to us within 10 days of receipt. Upon receipt of the hardware device, we will send you confirmation of the credit you have for purchase on our website. As provided below in subsection (c), there are no returns of disposable devices or other e-liquids bottles.
c. No-Return of e-Liquid and perishable products: All e-liquids and disposable devices are subject to final sale and are not subject to return due to the perishable nature of these products.
IV. DISCLAIMERS AND LIMITATION OF LIABILITY:
a. CONSUMABLE PRODUCTS ARE SOLD “AS IS”: ALL RELATED PRODUCTS, SUCH AS VAPES, DISPOSABLE DEVICES, AND ALL OTHER PRODUCTS SOLD BY Thesmokersworld.COM ARE CONSUMABLE AND THEREFORE ARE SOLD “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY FOR A PARTICULAR PURPOSE.
b. HEALTH DISCLAIMER: OUR PRODUCTS CONTAIN NICOTINE. NICOTINE IS AN ADDICTIVE SUBSTANCE THAT MAY HAVE ADVERSE AFFECTS ON YOUR BODY. YOU UNDERSTAND AND AGREE THAT Thesmokersworld.COM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY HEALTH EFFECT RESULTING FROM THE USE OF PRODUCTS CONTAINING NICOTINE THAT ARE PURCHASED ON OUR WEBSITE OR ANY OF OUR AFFILIATES.
c. BATTERY DISCLAIMER: By purchasing batteries from thesmokersworld.com, You are accepting full responsibility for proper battery care and usage. Batteries can fail without warning. The user must know the risks of lithium batteries and should have knowledge of how to care for them, charge and discharge them, and use them safely before using any device or mod. Never leave charging batteries unattended. Batteries may explode if mishandled. Thesmokersworld.com, officers, affiliates, employees, and/or authorized representatives will not be held liable or responsible for the use/misuse of lithium batteries, e-cigarette devices, or any battery chargers. Should you have any questions, please don’t hesitate to ask us.
d. Personal injury: Our Company does not manufacture, and have no control over the devices themselves, and therefore shall not be responsible for any injuries resulting from the use of the device and any malfunction of the device during use. All products purchased on TheSmokersWorld or supplied by TheSmokersWorld must be used strictly in accordance with any applicable instructions provided by the manufacturer.
e. No liability for special damages and third-party liability: Thesmokersworld.com will not be liable for any special, incidental, consequential, exemplary or punitive damages under any circumstance. Moreover, thesmokersworld.com will not be liable for the conduct or contractual obligations of a third party.
f. Force majeure: Notwithstanding anything set out in these terms and conditions, thesmokersworld.com will not be liable for any failure or delay in performance of its obligations if it is due to an event beyond thesmokersworld.com `s reasonable control, including, without limitation, acts of God, pandemic, war, industrial dispute, courier delay, fire, flood, hurricanes, tempest or national emergencies. If so delayed, thesmokersworld.com will be entitled to a reasonable extension of time for performing its obligations. Any dates thesmokersworld.com specify for the delivery of its products are only approximation of time, and thesmokersworld.com will not be liable for any losses, damages, charges, costs or expenses caused by any delay in delivery of the goods.
g. Contents of thesmokersworld.com: thesmokersworld.com does not make any representation or warranties of any kind whatsoever, express or implied, including but not limited to warranties of merchantability, non-infringement, title, or fitness for a particular purpose, in connection with these terms and conditions or the website, its contents or any other portion of the website, unless such representations and warranties are not legally excludable under applicable law.
h. Service Interruption Disclaimer: You agree that thesmokersworld.com will not be responsible or liable under any circumstances for any of the following: (1) interruption of business; (2) Access delays or access interruption to thesmokersworld.com; (3) Data non-delivery, mis-delivery, corruption of data, destruction or other data modification; (4) Loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on thesmokersworld.com; (5) Computer viruses, system failures and/or malfunction which may occur in correction with your use or the website, including during hyperlink to and/or from third party websites; and/or (6) Events beyond our reasonable control.
i. California Consumer Notices: CALIFORNIA PROPOSITION 65 - Warning: This product contains nicotine, a chemical known to the state of California to cause birth defects or other reproductive harm. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
V. PROHIBITED USE:
As set forth in the Agreement, you are prohibited from using our site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to make use of the website under the age of 21, or to misrepresent your age; and/or
(k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
As a condition of use of thesmokersworld.com’s website and online store, you agree to indemnify, defend, and hold harmless thesmokersworld.com, its members, officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of thesmokersworld.com’s website, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.
VII. ARBITRATION OF DISPUTE – IMPORTANT NOTICE AFFECTING YOUR RIGHTS:
In the event of any controversy between the parties, including but not limited to any claim, dispute, suit, demand, cross claim, counterclaim, or third-party complaint (whether statutory, in tort, or otherwise) arising out of or relating to this Agreement or its performance, breach, termination, enforcement, interpretation or validity, including the validity, scope or applicability of this provision to arbitrate, shall be determined by binding arbitration. This arbitration provision is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. and not by any state rule or statute governing arbitration. Arbitration under this provision shall be conducted in Broward County, Florida. THE PARTIES AGREE THAT ARBITRATION SHALL BE AN IN-PERSON HEARING BEFORE A SINGLE ARBITRATOR ON AN INDIVIDUAL BASIS AND NOT AS A CLASS OR MASS ACTION. FURTHER, THE PARTIES AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS. The Arbitration shall be administered by the Judicial Arbitration Mediation Services (“JAMS”), 1920 Main Street, Suite 300, Irvine, CA 92614 (www.jamsadr.com), the American Arbitration Association (“AAA”), 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org), or another nationally known arbitration service on which the parties shall agree. Arbitration shall be administered according to the arbitration service’s fee schedule and the service’s current applicable commercial rules and procedures except: 1) that the parties expressly waive the applicability of any rule governing class or mass action; 2) that the parties agree that any specific arbitration procedure provided for herein shall apply to the arbitration proceeding; and 3) the parties agree that the consumer arbitration rules shall not apply. The arbitrator shall be neutral and independent and shall comply with the selected arbitration service’s code of ethics. Additionally, the arbitrator shall be guided by and apply the Federal Rules of Evidence and “governing substantive” law. The arbitrator’s award shall be final and binding on all parties. Judgment on the arbitration award may be entered in any court having jurisdiction over the parties. If a party fails to comply with the arbitrator’s award, the other party may petition a court having jurisdiction to enforce the award. The parties shall bear their own attorneys’ fees unless such fees are expressly provided for by applicable law. If the Arbitrator determines that reasonable attorneys’ fees are to be awarded under applicable law, the parties agree that the Arbitrator will also determine the amount under the award for attorneys’ fees. In the event a party fails to proceed with arbitration, fails to comply with the arbitrator’s award or unsuccessfully challenges the arbitrator’s award the other party is entitled to any costs and expenses incurred, including a reasonable attorneys’ fee for having to compel arbitration or defend or enforce the award.
Binding Arbitration means: (1) that both parties give up the right to a trial by a judge or jury in a court; (2) that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of appealable issues expressly provided for in 9 U.S.C. § 16; and (3) that discovery may be severely limited by the arbitrator, and should the arbitrator decide to allow full discovery, the arbitrator may not exceed discovery limitations set forth by the Federal Rules of Civil Procedure.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ABIDE BY THE TERMS OF THE ARBITRATION PROVISION SET FORTH ABOVE.
a. Web Site Owner: TheSmokersWorld is the owner of this web site. This online privacy notice discloses thesmokersworld.com’s information practices regarding what type of personal identifiable information is requested in order to make a purchase, how the information is used, and with whom the information is shared. thesmokersworld.com is committed to protecting user privacy. When you register for an account, you may be asked to supply personally identifying information, including your name, e-mail address, mailing address, and phone number. The information we collect from you may be used in one of the following ways:
1. To improve our website: We continuously analyze and update our site to improve thesmokersworld.com user experience based on internally developed information and user feedback provided by you.
2. To improve customer service: We use information developed through our website and its users to help us improve customer service request responses and support inquiries.
3. To send periodic e-mail: We will only use the email address you provide for order processing and to send you information and updates pertaining to your order, and provide you with exclusive offers regarding new products and upcoming sales.
4. To administer a contest, promotion, survey or other site feature.
5. To administer and process any purchases made on our website.
b. Information from Children. thesmokersworld.com does not sell products for purchase by minors, and will not collect or post information from anyone under the age of 21 as required by federal law and the state in which the user resides. All purchasers must be of legal usage age and must attest to their age during the registration and purchase process. TheSmokersWorld reserves the right to take legal action against any user who misrepresents the age on the website in order to make a purchase.
c. Collection / Use of Personal Information: We employ cookies (small files transferred to your computer's hard drive through your browser, if allowed) that enable us to recognize your browser for capturing and remembering certain information. Cookies help us remember and process items in your shopping bag and compile data about traffic and interaction on the site so we may create an improved user experience in the future. Any information collected by thesmokersworld.com via cookies is not linked to any customer's personal information collected by us. Collection of your personal information is designed to protect access to your Account and to assist in providing you with the products and services you have requested. All personal information collected and stored by thesmokersworld.com, or on its behalf, is used for specific business purposes: (1) to protect your online account and initiate your authorized orders and purchases; and (2) to assist in the design or improvement of applicable products and services.
d. Safeguarding your payment information: Thesmokersworld.com uses secured payment services of Authorize.net. Thesmokersworld.com does not save credit card information on its database. Thesmokersworld.com makes no representation regarding the level of protection given by the third-party payment processor, and in no way shall be liable for any data breach of the third party’s website or server.
e. Lost or Stolen Information. If a customer's credit card and/or password is lost or stolen, or you believe someone did a transaction using such stolen card, please inform us as soon as possible so we can stop the purchase and ensure non-authorized transactions do not go through.
f. Maintenance of Accurate Information: You may update your personal information online, at anytime, by using your Password to log into TheSmokersWorld or by contacting thesmokersworld.com customer service. To ensure that TheSmokersWorld is able to protect your Account and verify your information, it is in your best interests to maintain accurate and current any records concerning your personal information.
g. Limited Access to Personal Information: Access is limited to your personal information to only those personnel with a business reason for accessing such information. In addition, all personnel are trained and educated about the importance of confidentiality and customer privacy.
h. Third-Party Disclosure Restrictions: All third parties with a business need to access your personal information are requested to adhere to stringent privacy policies. Your personal information may be supplied to a third party in order to process a transaction which you have authorized or if the disclosure is allowed or required by law, e.g.,complying with a court or administrative agency’s subpoenas, and/or verifying the consumers age and identity, and/or in connection with the investigation of fraudulent activity, etc.
i. Sharing of Information: You authorize thesmokersworld.com to share certain information with any third party to the extent necessary to administer your purchase of Products from thesmokersworld.com in accordance with your instructions and authorization.
IX. ADDITIONAL TERMS:
a. GOVERNING LAW AND VENUE: The laws of the State of Florida govern this Agreement, except that the Florida’s rules and/or statutes governing arbitration will not apply. The Venue for any action shall be Broward County, Florida.
b. SEVERABILITY: If any part of this Agreement is declared void or unenforceable, such provision(s) shall be deemed severed from this Agreement, and the remainder of this Agreement shall remain in full force and effect.
c. MODIFICATION: This Agreement may be modified to the extent necessary to give such force and effect to the remaining provisions.
d. NO WAIVER OF RIGHTS: No delay or forbearance in the strict observance or performance of any provision of this Agreement, nor any failure to exercise a right or remedy hereunder, shall be construed as a waiver of such performance, right, or remedy, as the case may be.
e. ENGLISH LANGUAGE GOVERNS: The English language governs these terms and conditions and any other Agreement entered with thesmokersworld.com. In the future, thesmokersworld.com may make this Agreement available in languages other than English. If there is any difference in meaning between the English and non-English version of any of thesmokersworld.com’s documents, including this Agreement, the English version will apply to your Account and is available to you upon request.
f. RESERVATION OF RIGHTS: thesmokersworld.com reserves the right to modify and change the terms in this Agreement without prior notification to you. From time to time you should check thesmokersworld.com’s website and review its most current terms and conditions.
g. MERGER CLAUSE: This Agreement contains the complete and final understanding between the Consumer and thesmokersworld.com. Any prior oral statements, representations, or agreements are superseded by this Agreement.
X. CUSTOMER SERVICE INFORMATION:
Correspondence Address: 5382 SW 38th way, Fort Lauderdale, FL 33312
Web site Address: www.thesmokersworld.com
If you have any questions that you do not believe are addressed in this Agreement, you can and should e-mail us at the email address shown above.