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Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE IN ANY FASHION.

ACCEPTANCE OF TERMS THROUGH USE:
By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. The Company reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensees and advertisers as well.

Although SmokeStik is an alternative to traditional tobacco use, it is best to abstain from smoking at all.  Our product is intended for use by adults age eighteen or older only.  We do not market our product to minors. SmokeStik makes no claim that their product is either safer or healthier than traditional cigarettes.

YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT THE WEBSITE MAY INCLUDE PRODUCTS WHICH CONTAIN NICOTINE; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY (SMOKESTIK) THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO PRODUCTS FOR YOUR OWN PERSONAL USE. YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.

LIFETIME WARRANTY

We want to reward you for being a Loyal Customer of SmokeStik, and have therefore come up with our Customer Loyalty Program. To qualify, all you have to do is continue to buy all your SmokeStik supplies and consumables from SmokeStik. If your SmokeStik battery or charger becomes unusable, contact us. We will diagnose your problem, and if we determine your battery or charger is unusable, and your buying history shows you consistently buying the equivalent of 15 cartomizers or more every 6 weeks, we will ship you a replacement, for as long as you use our product. If you request your replacements so they can be included with an existing order there will be no charge, as long as you return your old items. If you do not return your old items you will be charged retail for the replacements. If you do not notify us ahead of time so we can put your replacements in an existing order you will be asked to pay $4.95 for Priority shipping to send you your replacements. We reserve the right to terminate this policy on an individual basis if demands for replacements are excessive compared to average usage patterns or there is a history of not returning old batteries.

Free replacement batteries may be refurbished and certified or new. Purchased batteries will always be factory new

This  Lifetime warranty does not cover any defects or costs caused by:

  1. Modification, alteration, repair or service of this product by any persons or company other than SmokeStik;
  2. Physical abuse to, or misuse of the product or operation thereof in a manner inconsistent with the use indicated in the instructions;
  3. Any use of the product other than that for which it was intended; or
  4. Use of SmokeStik devices with other manufacturers' chargers, batteries or cartomizers.

You must return your old hardware. Unlike most companies we do not make you return it first. However, you must agree to allow us to charge your credit card for the cost of any replacements you do not return if you want to recieve new items before you return the old ones.

Effective Oct 1st 2013 due to repeated abuse of the return policy customers with a history of non-return of batteries and uncommonly frequent requests may feel free to purchase as many batteries as they need. When they return a confirmed nonworking battery to us we will credit their rewards point account for the retail price of said battery.

 

30 DAY MONEY BACK GUARANTEE APPLIES TO WEB SALE ORDERS ONLY!! ASK YOUR LOCAL RETAILER FOR THE RETURN POLICY OF THAT LOCATION BEFORE PURCHASING!!

All products are sold from SmokeStik.com with the understanding that the purchaser has independently determined the suitability of the product for their own use.

 

Customers must request an RMA authorization prior to returning any merchandise to SmokeStik.com Authorization may be obtained by email or contact us form. All returned merchandise must be in the original packaging including manuals, accessories, cables, etc. with the authorization (RMA#) clearly printed on the outside of the package.

 

Requests for Refund, need to be made as close to 30 days of receipt as possible. All free items (bonuses) must be returned together with purchased items in order to receive a full refund, minus 10% re-stocking fee,(at our discretion) and original shipping and handling. Any vouchers or gift certificates earned by a returned order will be voided, and the voucher amount will be charged to any order to which it was applied. For hygienic reasons we will not provide refund for a used cartridges or cartomizers. If free shipping was used in the original order the cost of shipping will be deducted from the refund. 

It is SOLEY the responsibility of the customer to monitor their bank account and verify that their refund has been posted.

 

All warranties are voided if returned product is found to be inadequately packaged, abused, scratched, mishandled, mislabeled, modified, or altered in any way. Customer is responsible for proper packaging of RMA returns.

 

30-Day Limited Warranty

SmokeStik warrants only to the original purchaser of this product from an authorized reseller or distributor that this product will be free from defects in material and workmanship under normal use and service for 30 days after date of purchase. This warranty does not cover any defects or costs caused by:

  1. Modification, alteration, repair or service of this product by any persons or company other than SmokeStik;
  2. Physical abuse to, or misuse of the product or operation thereof in a manner inconsistent with the use indicated in the instructions;
  3. Any use of the product other than that for which it was intended; or
  4. Use of SmokeStik devices with other manufacturers' chargers, batteries or cartomizers

Any express warranty not provided herein, and any remedy which other than the warranty contained herein that might arise by inference or operation of law, is hereby excluded and disclaimed including the implied warranties of merchantability and of the fitness for a particular purpose.

Due to the strict health regulations for the protection of our customers, opened SmokeStik starter kit cartridges and/or other cartridges have been opened, they cannot be returned for a refund since we cannot re-distribute such opened product to other customers. The cost of these cartridges will be deducted from the refund.  Replacement or repair of product, other than cartomizers, is therefore your exclusive remedy under this warranty.

Subject to the above warranty, in the event that your SmokeStik device fails to operate satisfactorily, please simply follow these 3 easy steps:

Returns and Warranty Policy

 

SHIPPING

Orders placed M-F up to 1pm EST usually ship the same day. For domestic (USA) orders we offer USPS Priority as our default shipping. Orders typically arrive 2-3 days from the day they leave the warehouse. Express USPS shipping is available however, the USPS does NOT promise delivery in 24 hrs. 24-48 hrs is the promise. Our warehouse is in North Carolina so Express orders going to the eastern states do normally arrive in 24 hrs. Orders shipping to the west coast might arrive in 24hrs.

When offered, Free Shipping will usually be sent the most economical way. First Class USPS normally takes 3-6 days to arrive.

The USA website ships to Australia, New Zealand, Japan, Israel and all US Territories. We DO ship to military addresses, boxes, and military distribution centers. If you do not see shipping qoutes offered for your country we do not ship there. Most European, Middle Eastern and African nations are dispatched from the UK website.....www.smokestik.co.uk

Shipping and handling charges are non-refundable. Customer is responsible for all the shipping charges associated with returning  defective merchandise. Returns for refund will have the cost of shipping deducted from the refund if free shipping was used in the original order.

 

Copyright:
All content included on this site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protect by United States and international copyright laws. No portion of the information on this website may be copied or reproduced in any form, or by any means without prior written permissions from smokestik.com. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this site or any SMOKESTIK publication for any public, private or commercial purpose.

Patents:
Patents are pending for the SMOKESTIK unit and its components.

Applicable Law:
By visiting smokestik.com, you agree that the laws of the State of Texas, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and smokestik.com or its affiliates.

Severability:
If any provision of these Terms and conditions are deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

SmokeStik E-Cigarette is not intended as a smoking cessation device.

Because the FDA has not approved the electronic cigarette yet, SmokeStik may make no claims as to the relative safety or health benefits of our product, nor does SmokeStik intend to do so knowingly.

LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSEES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

INDEMNIFICATION:
By use of this website you agree to defend, indemnify, and hold harmless the Company, its advertisers, licensees, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.

LEGAL COMPLIANCE:
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.

COPYRIGHT © 2010 SMOKESTIK All Rights Reserved. SMOKESTIK is intended for use by adults of legal smoking age and is not intended for children, pregnant or breastfeeding women, or those suffering from a pre-existing medical condition. SMOKESTIK contains Nicotine, an addictive substance. Sale to underage persons prohibited. If you are under medication or may be sensitive to nicotine, consult your physician before use. Use of SMOKESTIK is at your own risk. These statements have not been reviewed by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. SMOKESTIK and this website is not affiliated or endorsed in any way with any other brands or product names and each are registered trademarks of their respective owners.

MILITARY DISCOUNT

All persons using the Military Discount understand and authorize SmokeStik to validate qualifying information and agree to provide additional supporting documentation if requested.