Terms of Sale

  1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 21 YEARS OF AGE OR (ii) LEGAL SMOKING AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.

TO PURCHASE PRODUCTS ON THIS WEBSITE YOU MUST PROVIDE A VALID PHOTO ID FOR THE PURPOSE OF AGE VERIFICATION BY SMOKES N STUFF.

These terms and conditions (these “Terms”) apply to the purchase and sale of products through smokesnstuff.com (the “Website”). These Terms are subject to change by Smokes N Stuff (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms prior to purchasing any product that is available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products through this Website (see Section [9]).

  1. Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our Customer Service Department at 734-241-3880.

We reserve the right to (i) refuse any order you place with us; (ii) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products offered; (iii) change or update information in connection with any products offered; and (iv) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers. It is your duty to ensure the contact information you provided is up to date and accurate.

  1. Prices and Payment Terms.

(a)            All prices posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We cannot confirm the price of an item until you complete an order; however, we do not charge your credit card until after your order has entered the shipping process. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(b)           Residents of certain States may be required by their respective department of revenue to pay additional taxes and fees due because of their purchases.

(c)            Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, Discover and American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

  1. Shipments; Delivery; Title and Risk of Loss.

(a)            Smokes N Stuff is entitled to engage affiliates and other third parties for procurement, shipment, and delivery of the ordered products without giving notice to You and without your express or implied consent. Shipment and delivery of the ordered products will be handled by our distributor (the “Distributor”). We will arrange for such shipment. You will pay all shipping and handling charges specified during the ordering process and when shipping internationally any customs duties and/or taxes.

(b)           When your order is ready to be shipped, you will receive a shipment confirmation email. Such email will contain shipment details.

(c)            Title to and risk of loss of any of the products pass to you upon our transfer of the products to the Distributor.  We are not responsible for lost, misplaced, damaged or missing packages, or errors made by Distributor employees.  Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for delayed delivery and we do not issue refunds for delayed delivery.

(d)           Please review your shipping address carefully when placing an order. Errors in the shipping address will cause delays in transit times, packages being misrouted or returned. We will not reship the order until it is returned to us and you have paid for the cost to reship the order.

  1. Returns and Refunds.

Please call 734-241-3880 or email smokesnstuff734@gmail.com our Returns Department within twenty-four (24) hours upon receiving your package if an item is received damaged or has been incorrectly shipped by us. Your order will be considered as correctly closed without any issues if no attempt has been made to contact our Returns Department within 24 hours.

Except for any products designated on the Website as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) business days of shipment.  All returned items must be unused, unopened, and in original packaging for a refund. All cartridges, atomizers, e-liquids, coils, RBA, disposable items, and clearance items are final sale and are not covered by our return policy and warranty.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss or damage during shipment. We therefore recommend that you insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.  You are responsible for any return fees incurred from customs and/or the carrier to have an order shipped back to us. 

In case of incorrectly shipped items, we must receive such item before resending the correct item.  Refunds are processed within approximately ten (10) business days of our receipt of the items. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE.

  1. LIMITED WARRANTY.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. 

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NO ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR OUR AFFILIATES, SUBSIDIARIES OR DISTRIBUTORS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

(a)            Who May Use This Warranty?

This limited warranty extends only to the original purchaser of products from the Website. It does not extend to any subsequent or other owner or transferee of the product.

(b)           What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from the Website.

(c)            What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

(i)             transportation.

(ii)           storage.

(iii)          improper use.

(iv)          failure to follow the product instructions or to perform any preventive maintenance.

(v)           modifications of the product.

(vi)          combination or use with any products, parts, materials, processes, systems or other matter not provided or authorized in writing by Smokes N Stuff; we do not warrant that our parts and products are compatible with those of other manufacturers or suppliers.

(vii)        unauthorized repair.

(viii)       normal wear and tear or otherwise due to normal aging of the product; or

(ix)          external causes such as accidents, abuse, misuse, contact or immersion in liquids, fire or other actions or events beyond our reasonable control.

This limited warranty does not cover any clearance items and consumable items including mouthpieces, cartridges, atomizers, coils, RBA, and disposable items.

(d)           What is the Period of Coverage?

This limited warranty starts on the date of your purchase and lasts for thirty (30) days (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

(e)            What Are Your Remedies Under This Warranty?

With respect to any defective products during the Warranty Period, and upon proof of purchase, we will, in our sole discretion and within a reasonable period of time, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. Replacements will be only shipped after we receive your returned defective product.

We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective product.  Due to the expense of international shipping, you are responsible for the costs of shipping to and from international addresses for returns, repairs and exchanges.

(f)            How Do You Obtain Warranty Service?

To obtain warranty service, you must call 734-241-3880 or e-mail our Customer Service Department at smokesnstuff734@gmail.comduring the Warranty Period. Please provide us with a description of the problem along with your order ID number.

(g)            Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. Goods Not for Resale

You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export.

  1. Intellectual Property.

You acknowledge and agree that Smokes N Stuff is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on this Website and any related specifications, instructions, documentation, or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Website.

  1. Privacy.

We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products through the Website.

  1. Competitions

Smokesnstuff.com from time to time runs marketing competitions for third-party manufacturers. Except where expressly stated otherwise, these competitions are fulfilled by the third-party and smokesnstuff.com does not accept any liability for the product itself or for the success or otherwise of its delivery to you. 

Competitions are delivered in the form of a unique coupon which allow a winner to complete the competition transaction, which is set at $1 USD. vaping.com charges this fee to cover costs (principally age-verification) and to comply with US Federal regulations. 

By using the coupon and completing the competition transaction you:

  1. accept the non-recuperable transaction fee charged by smokesnstuff.com 
  2. hold smokesnstuff.com free of any liabilities in respect of the product, its delivery or non-delivery, or its suitability for use.
  3. allow smokesnstuff.com to pass your contact information to the third party, such that they may fulfil your prize.
  1. Force Majeure.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

  1. Governing Law and Jurisdiction.

All matters arising out of or relating to these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Michigan and the United States without giving effect to any choice or conflict of law provision or rule (whether of the laws of England and Wales or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the courts of Detroit, Michigan in each case located in the City of Detroit, Michigan although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Waiver of Jury Trial

YOU AND SMOKES N STUFF WAIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT YOU OR SMOKES N STUFF MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OR THE TRANSACTIONS CONTEMPLATED BY THESE TERMS.

  1. Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  1. No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Smokes N Stuff

  1. No Third-Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  1. Notices.

(a)            To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Website. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.

(b)           To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Smokes N Stuff 1313 N Telegraph Rd, Monroe, MI. 48162. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.

  1. Severability.

If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  1. Entire Agreement.

These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.