Terms And Conditions
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This agreement contains the terms and conditions that apply to your purchase from the entity named on the invoice (“SMOKDEALS”) and its, parent company, employees, agents, officers, directors that will be provided to you (“Customer”) on orders for products sold in the United States. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in SMOKDEALS sole discretion. Visit this page to review current terms and conditions of sale which are binding on you.
- Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and SMOKDEALS.
- Governing law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
- Payment Terms; Orders; Quotes; Interest. Terms of payment are within SMOK DEALS sole discretion, and unless otherwise agreed to by Vitacost.com, Inc., payment must be received by SMOK DEALS prior to SMOK DEALS acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method. Orders are not binding upon SMOK DEALS . until accepted by SMOK DEALS. Any quotations given by SMOK DEALS will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. SMOK DEALS reserves the right to limit the order quantity on any product and/or to refuse to ship product to any customer for any reason, or for no reason whatsoever, with or without prior notice.
- Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on SMOK DEALS invoice(s). Unless Customer provides SMOK DEALS with a valid and correct tax exemption certificate applicable to the product ship-to location prior to SMOK DEALS acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order. If applicable, a separate charge for taxes will be shown at checkout.
- Title; Risk of Loss. Title to products passes fromSMOK DEALS to Customer on shipment from SMOK DEALS. Loss or damage that occurs during shipping by a carrier selected by SMOK DEALS is SMOK DEALS responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.
- Warranties, Disclaimers. SMOK DEALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Customer acknowledges that the products are covered by a manufacturer warranty only and Customer will look solely to the manufacturer for any warranty claims. In addition to these terms and conditions, the Customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.
- Return Policies. SMOK DEALS will accept returns of defective products if a claim is made within 7 days from the date of the shipment receipt. All claims must be made in writing and must be approved by SMOK DEALS. All returns must have the original packaging and ALL contents contained within the product packaging. The failure to have any item from the original contents may result in the rejection of a return. SMOK DEALS reserves the right in its sole discretion to accept or reject the return and to either replace the product, issue a refund , or provide a store/site credit.
- Products. . While we do our best to ensure the information on our website is accurate to the best of our knowledge, product specifications and packaging may change without notice, and the product you receive may contain additional details or may differ from the product information available on this website. We recommend that you reference the complete information included with the product you receive – including manufacture specifications, warnings, use instructions, care instructions, and directions – before using the product and do not rely solely on the details shown on this website. If you have any questions about the product, warnings or directions, please contact the product manufacturer directly or SMOK DEALS .
- Price Definitions and Promotions. “Retail price” is defined as the manufacturer’s suggested retail price. “Sale price” is a limited time promotional price for the product.All offers are for a limited time only, and while supplies last. Offers cannot be applied to previous orders. Rain checks are not allowed. Promotional codes offering percentile discounts shall only apply to the product during the designated time. SMOK DEALS reserves the right to cancel an order if it believes that a fraudulent or abusive order has been placed.
- Limitation of Liability. SMOK DEALS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. SMOK DEALS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, BODILY INJURY DAMAGE CLAIMS.
- Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against SMOK DEALS its agents, employees, successors, assigns or affiliates arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), SMOK DEALS advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and SMOK DEALS. The arbitration shall be held in Palm Beach County, Florida. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
- Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale.
- Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
- Acceptance. By ordering any product from SMOK DEALS., whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the “Acceptance of Contract Terms” contained elsewhere in the SMOK DEALS site.