1. ACCEPTANCE OF TERMS
This is a legal document and is the Agreement on Terms of Service (the “ATS”) for our website, us.puffcigarettestore.com (the "Website"). By using our Website, you agree to fully comply with and be bound by the following ATS each time you use our Website. Please review the following terms carefully.
SMART EVO USA Inc. (“SMART EVO”) provides its Service (as defined below) to you through its website, subject to this ATS. By accepting this ATS or by accessing or using the Service or Website, you acknowledge that you have read, understood, and agree to be bound by this ATS. If you are entering into this ATS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this ATS, If you do not have such authority, or if you do not agree with this ATS, you must not accept this ATS and may not use the Service.
SMART EVO may change this ATS from time to time without prior notice. You can review the most current version of this ATS at any time at www..com. The revised terms and conditions will become effective upon posting and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this ATS is not acceptable to you, stop accessing and using the Service.
This agreement contains warranty disclaimers and other provisions that limit our liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing our website constitutes acceptance of these terms and conditions. If you do not agree to be bound to each and every term and condition set forth herein, please exit our website immediately and do not use, access and/or browse it further.
2. ACCESS AND USE OF THE SERVICE
YOU MUST BE OF LEGAL SMOKING AGE TO BUY AND/OR USE ANY SMART EVO PRODUCT.
This product is not intended for use by persons under legal smoking age, nonsmokers, women who are pregnant or breastfeeding, or persons with or at risk of heart disease, high blood pressure, diabetes, or taking medicine for depression or asthma. This product contains nicotine. If you are allergic to nicotine, propylene glycol, or any combination of inhalants, if you are pregnant or breast-feeding, or if you have a heart condition, diabetes, high blood pressure or asthma, consult your physician before using any SMART EVO products. Discontinue use and consult a physician if you experience nicotine misuse symptoms such as nausea, vomiting, dizziness, diarrhea, weakness and rapid heartbeat.
Our products do not treat, diagnose, or cure any disease, physical ailment, or condition. Keep out of the reach of children and pets as ingestion of certain pieces can present a choking hazard. Nicotine can be toxic if inhaled or ingested in large doses, and may cause irritation to eyes and skin if exposed. Wash immediately with soap and water upon contact. Nicotine is highly addictive and habit forming.
SMART EVO products are not marketed for use as a smoking cessation product. Just like traditional tobacco cigarettes, SMART EVO Electronic Cigarettes are not approved by the American FDA.
3. PERSONAL ACCESS AND USE LICENSE
SMART EVO grants you a personal limited license to access and use this website. Such grant does not include, without limitation:
4. RETURN POLICY
Upon receipt of the products, Buyer shall have three (3) days to return the same to SMART EVO if the products shall be significantly different from the one indicated in the image and/or description of the purchased product as found on the Website. Buyer shall notify SMART EVO of the intention to return the goods with a written communication stating the reasons for the return.Upon receipt of the returned product, SMART EVO, within thirty (30) days from said receipt, shall reimburse Buyer of the purchase price. SMART EVO will accept products for returns only if the same are in the original condition; no refund will be awarded for items that show a clear sign of having being used for any purpose before the same are returned to SMART EVO.
In the event that the product delivered to Buyer shall be totally different from the one indicated in the order confirmation, Buyer shall have seven (7) days to notify SMART EVO of its intention to return the item with a written communication stating the reasons for the return. In this event, SMART EVO, within thirty (30) days from receipt of the return product, shall reimburse Buyer of the full cost of the purchase, including the shipping cost of the product. In order to receive full refund of the shipping cost, Buyer shall indicate the email address to which SMART EVO shall send a pre-paid return label. SMART EVO will accept products for returns only if the same are in the original condition; no refund will be awarded for items that show a clear sign of having being used for any purpose before the same are returned to SMART EVO.
You are solely responsible for all data, information, and other materials that you upload, post, deliver, provide or otherwise transmit or store, in connection with or relating to the Service (“Your Information”). You are responsible for maintaining the confidentiality of your login information and for all activities that occur under your login or account. SMART EVO reserves the right to access your account in order to respond to your requests for technical support. By posting Your Information on or through the Service, you hereby do and shall grant SMART EVO a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Information in connection with the Service. SMART EVO has the right, but not the obligation, to monitor the Service, Content, or Your Information. You further agree that SMART EVO may remove or disable any Content at any time for any or for no reason at all.
You understand that the operation of the Service, including Your Information, may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to SMART EVO’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you are solely responsible for adequate security, protection of Your Information. SMART EVO will have no liability to you for any unauthorized access or use of any of Your Information, or any corruption, deletion, destruction or loss of any of Your Information.
By communicating with SMART EVO, either via email or other means of communication, you grant SMART EVO the express permission to communicate back to you in the same format. Also, you agree that any contracts, agreements, disclosures or notices, or any other communication that is provided to you by SMART EVO satisfies all legal notification requirements.
SMART EVO, [additional products or names/marks], are trademarks and registered trademarks of SMART EVO USA INC.
8. YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. SMART EVO only sells to smoking adults of legal smoking age, who own and can purchase with a credit card. If you are under the legal smoking age SMART EVO will refuse you service, terminate all of your accounts, remove or edit your content, and cancel your orders.
9. PRODUCT DESCRIPTION AND PRICING
SMART EVO is not responsible for errors or omissions in the description of its products, Information obtained on this web-site is offered on an as-is basis, with no inherent warranties implied.
The prices displayed for our products represent the full suggested retail price listed on the product itself. Please note that this policy applies only to SMART EVO products sold on our website and shipped by SMART EVO or its affiliates. SMART EVO is not responsible for third parties offering for sale SMART EVO products.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
SMART EVO PROVIDES THIS SITE, ITS SERVICES, INFORMATION AND MATERIALS (COLLECTIVELY, “SERVICES”) “AS IS,” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. SMART EVO, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL STATUTORY OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. SMART EVO MAKES NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE OR THAT THIS SITE OR ITS SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT SMART EVO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS ARE NOT LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICES, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, AND (B) DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES. YOU FURTHER AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE/SERVICES IS TO STOP USING THE SITE.
YOU AGREE THAT (1) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK ; (2) IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT ANY SOFTWARE OR HARDWARE YOU USE WILL FUNCTION CORRECTLY WITH THE SITE; AND (3) YOU ALONE MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING ANY RELIANCE UPON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
SMART EVO reserves the right to change any and all content contained on this Site at any time without notice.
By visiting our website, you agree that the laws of the State of California, USA, without regard to principles of conflict of laws, will govern this ATS and any dispute of any sort that might arise between you and SMART EVO.
If any provision of this ATS shall be 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.
14. TERMINATION AND ENFORCEMENT
You agree that: SMART EVO, at its sole discretion and without prior notice, may terminate your access to or use of the website, at any time and for any reason, including a determination that you have violated or acted inconsistently with the letter or spirit of this ATS; SMART EVO shall not be liable to you or any third party for any termination of your access to the website; and those sections in this ATS relating to limitation of liability, disclaimers, governing law, disputes, indemnification, notice and admissibility in a judicial or administrative proceeding shall survive any expiration or termination of this ATS.
Any dispute relating to this ATS must be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate SMART EVO intellectual property rights, SMART EVO may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.