TERMS & CONDITIONS
These Terms and Conditions (the “Terms”) govern your use of electrictobacconist.com (the “Site”) and/or purchase of any products from The Electric Tobacconist, LLC. The terms “Electric Tobacconist”, “ET”, “us”, “we” or “our” refer to The Electric Tobacconist, LLC. The terms “you”, “your” or the “customer” refer to the users of the Site and any person purchasing products from Electric Tobacconist. Please read these Terms carefully before accessing and/or ordering any goods from the Site. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. You can view this provision by scrolling to the section titled “Arbitration” at the end of these Terms.
We reserve the right to amend these terms and conditions at any time without the need to notify our customers. Accessing, browsing, or using this Site in any way indicates that you agree to be bound by these Terms.
These Terms, or any constituent part of them, may be modified, amended or terminated by us without notice at any time and for any reason.
2. YOUR ELECTRIC TOBACCONIST ACCOUNT
Only one account may be set up per person. We can only discuss account queries (for example, but not limited to: order tracking and/or warranty queries, shipping update requests) with the billing addressee. We reserve the right to deactivate any account holder who sets up a duplicate account, and we reserve the right to refuse any orders placed by persons holding more than one account in their name.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and other devices, and you agree to accept responsibility for all activities that occur under your account or password. Electric Tobacconist only sells to adult smokers over the age of 21, and who own and can purchase with a credit card. If you are under 21 years of age, Electric Tobacconist and its affiliates will refuse service, terminate all of your accounts, remove or edit content, and cancel orders immediately.
3. PRODUCT DESCRIPTIONS
We attempt to be as accurate as possible when posting content.
4. PRODUCT VARIATIONS
You understand that there might be some variation in flavor and puff count among the cartridges, pods and other products offered on the Site.
5. RETURNS AND COOLING-OFF PERIOD
Electric Tobacconist has a generous returns policy that can be viewed here. Non-faulty, unused items may be returned within 14 days of delivery as long as the packaging remains unopened and the product is in the same condition as it was when sold. E-liquids and disposable cigarettes are not included under this policy and may only be returned if faulty.
Unused, Unopened, and Faulty Items
Claims against faulty goods can be made if the product is within warranty and is returned to us within 15 working days of the 'Return Merchandise Authorization' (RMA) form being issued. If you are unsure if your product is within warranty, click here to view our Warranty information page. Claims against unused, unopened, or non-delivered goods (i.e., items lost in transit) cannot be processed after a 30-day period from the order date. Click here for instructions on how to return these products.
All orders placed before 2pm Monday through Friday are shipped the same day via USPS delivery service. We cannot be held responsible for a delivery once it has been picked up by USPS or for delays within the USPS network. Please understand that shipping time estimates given during checkout are used as a guide to help you, but we cannot offer refunds or compensation if these estimates are not met.
Incorrect Shipping Details
It is the responsibility of the customer to enter the correct delivery address details at the time of ordering. If the customer enters the incorrect or incomplete address and goods are delivered to the wrong address, we are under no obligation to issue a refund or send replacement goods. If goods are returned to us because they have been sent to the wrong address, we are not obliged to re-send them at our expense; however, a refund will be offered less the postal expense. If you notice that you have provided the incorrect or incomplete details, please contact us as soon as you can.
Risk of Loss and Items Lost in Transit
All items purchased from our Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
If your chosen carrier has been unable to deliver your parcel within 10 business days (from the date of dispatch), we may, in our sole discretion, re-ship your order. If you are shipping to an APO or FPO and your chosen carrier has been unable to deliver your parcel within 15 business days (from the date of dispatch), we may, in our sole discretion, re-ship your order.
If USPS has marked your order as delivered but you have not received it, then you must let us know within 5 business days of the delivery date, and we may, at our sole discretion, re-ship your order. Outside of this time frame, Electric Tobacconist cannot be held responsible for your package.
Re-shipping orders is in our sole discretion. All re-shipped orders must be sent to the original shipping address given.
7. OFFER CODES
Offer codes cannot be redeemed after an order has been placed, and only one offer code may be used per order.
8. AGE VERIFICATION
Electric Tobacconist’s e-cigarette and e-liquid products are designed strictly for adult recreational use. They are not intended for anyone who is below the legal smoking age in their jurisdiction.
We use third-party age verification systems in accordance with federal and state law. If necessary, we reserve the right to ask for identification. You must be of legal smoking age in the locality in which you reside in order to purchase electronic cigarette and vaping products from this Site.
When credit card or billing address verification is unable to match you to our third-party database, we will be required to review your state identification card. You will be asked to upload a legible copy of your identification that clearly shows your name, age, and shipping address. If proper identification cannot be provided (i.e., a full name that matches the full name on your Electric Tobacconist account), your order will not be accepted. Note that this option may not be available for all states. For those states where we do not accept identification for the purposes of age verification, if we are unable to verify your age through our third-party database, your order will not be accepted.
We reserve the right to use any personal information provided by you to carry out and conduct relevant age verification checks. As part of checks made, we may utilize third-party age verification services, data from various credit reference agencies, the electoral roll, and other databases or agencies.
9. YOUR INFORMATION
10. USE AND SAFETY
Once purchased, the products on this Site should only be used in accordance with the manufacturers' instructions and should likewise be inspected before use and properly maintained. Nothing in this notice affects your statutory rights.
Some products sold on the Site contain nicotine, which is highly addictive and habit-forming. If nicotine comes into contact with your eyes or skin, wash immediately with soap and water to avoid irritation. In very high doses, nicotine can be lethal if inhaled or ingested. Do not use products purchased from the Site if you are pregnant or breastfeeding; at risk for heart disease, hypertension, and diabetes; or taking medication for depression or asthma. We strongly advise against using these products if you are a nonsmoker. Consult a doctor before use if you are allergic to nicotine, propylene glycol, or any combination of inhalants. If you experience side effects such as nausea, vomiting, dizziness, upset stomach, headache, or rapid heartbeat, stop using the product and see a physician. Products sold on this Site are not designed to treat or cure any disease, physical ailment, or condition. They are not smoking-cessation tools and should not be used by nonsmokers. The products sold by Electric Tobacconist have not been evaluated by the FDA.
Electronic cigarettes, e-liquids, and other vaping components, parts, and accessories should be kept away from children and pets. Small hardware parts can be choking hazards if swallowed. E-liquids can be lethal if inhaled or ingested.
Electronic cigarettes may include lithium-ion battery cells, which can explode or burst into flame if used improperly. Do not disassemble, crush, puncture, cut, short-circuit, incinerate, recharge (disposable cells only), or expose them to water, fire, or higher temperatures. Improper use can lead to injury or damage. By buying these products, the purchaser assumes all dangers and liabilities related with lithium batteries. Rechargeable batteries should only be recharged using the charger provided with them. It’s your duty and responsibility to know the dangers and the proper procedures for using and handling lithium-ion based battery cells, including, but not limited to, using unapproved chargers or charging methods.
Electric Tobacconist is not responsible or liable for any injury or death resulting from the misuse of devices or lithium-ion batteries purchased from this Site.
California Prop 65
Products found on this Site can expose you to formaldehyde, which is known to the State of California to cause cancer, and nicotine, which is known to the State of California to cause birth defects or other reproductive harm.
Items sold by Electric Tobacconist are subject to sales/use and/or excise tax in select states in accordance with the applicable laws of each state. Certain states require the purchaser to file a sales/use and/or excise tax return and pay the tax on online purchases made from out of state. It is your responsibility as the purchaser to check your state and local tax laws and to comply with their requirements.
12. TRADEMARK AND COPYRIGHT
Electric Tobacconist is a registered trademark The Electric Tobacconist, LLC. Unauthorized use of any Electric Tobacconist trademark, service mark or logo is a violation of federal and state trademark laws. The Site and the content made available through the Site are protected by U.S. and international copyright laws. Except for your use of the content as expressly permitted by these Terms, you may not use, modify, reproduce or distribute any of the content, design or layout of the Site, or individual sections of the content, design or layout of the Site without our prior written permission, including, but not limited through the use of deep-linking and/or framing.
All content included on this Site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States and international copyright laws. No portion of the information on this Site may be copied or reproduced in any form, or by any means, without prior written permission from Electric Tobacconist. 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 Electric Tobacconist publication for any public, private, or commercial purpose.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This Site and all information, content, materials, products, software and services included on or otherwise made available to you through this Site are provided by Electric Tobacconist on an "as is" basis, unless otherwise specified in writing. Electric Tobacconist makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products, software or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. You expressly agree that your use of this Site is at your sole risk.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ELECTRIC TOBACCONIST AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELECTRIC TOBACCONIST AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE OR E-MAILS SENT FROM ELECTRIC TOBACCONIST ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ELECTRIC TOBACCONIST AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
Electric Tobacconist reserves the right to change any and all content contained on this Site at any time without notice.
To the extent permitted by applicable law, you hereby agree to indemnify, hold harmless and defend Electric Tobacconist and its affiliates from any and all third-party claims, actions, proceedings, and suits brought against us or any of our officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by us or any of our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Site.
If any provision of these Terms 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.
16. APPLICABLE LAW
By visiting the Site, you agree that the laws of the State of Colorado without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Electric Tobacconist or its affiliates.
Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Electric Tobacconist. For any dispute with Electric Tobacconist, you agree to first contact us via email and attempt to resolve the dispute with us informally.
Arbitration. In the unlikely event that we have not been able to resolve a dispute it has with you after sixty (60) days, you and Electric Tobacconist each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, the breach or alleged breach thereof, your use of the Site, or your purchase or use of purchased from Electric Tobacconist (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein (including the exclusion of any claims brought by Electric Tobacconist for injunctive or other equitable relief as provided in Section 18 below).
JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Denver, Colorado, unless you and Electric Tobacconist agree otherwise. If you are an individual using products or services provided by Electric Tobacconist, or the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction consistent with the requirements in Section 18 below.
Class Action and Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained products or services provided by Electric Tobacconist or used the Site for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless Electric Tobacconist agrees otherwise, the arbitrator may not consolidate more than one person's claims.
You agree that, by entering into this agreement, you and Electric Tobacconist are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
18. GOVERNING LAW AND VENUE
These Terms and Conditions will be governed by and interpreted under the laws of the State of Colorado, USA, without regard to its principles of conflict of laws. Exclusive venue for any action to enforce an arbitral award rendered pursuant to these Terms and Conditions will be the state or federal courts of Boulder, Colorado. You agree that Boulder, Colorado, is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in Section 17 is found to be unenforceable. You agree not to bring any such actions in any other venue and you expressly agree to waive all objections to these venues.
You expressly consent to be subject to the personal jurisdiction of the state and federal courts of Colorado. You agree that: (i) the Site and products and services provided by Electric Tobacconist shall be deemed solely based in Colorado; and (ii) the Site and Electric Tobacconist services shall be deemed passive ones that do not give rise to personal jurisdiction over Electric Tobacconist, either specific or general, in jurisdictions other than Colorado.
The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding paragraphs with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
We reserve the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. You agree to submit to the personal jurisdiction of the federal and state courts located in Boulder, Colorado, for any actions for any such relief.
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be subject to the exclusive jurisdiction of the federal and state courts in the State of Colorado.
19. USER CONTENT
We may, from time-to-time, provide Site users with the opportunity to submit or post reviews, questions, comments, suggestions, ideas, photos, videos, and/or other information and content (collectively “User Content”).
You will be solely responsible and liable for User Content you provide to Electric Tobacconist. We shall have no obligation to investigate or confirm, and do not in any way endorse, the accuracy, legality, legitimacy, validity, suitability, or reliability of any User Content, including, but not limited to any of the products, services, performance, results and/or representations contained or referenced therein.
You agree that you shall not submit any User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and your User Content shall not consist of or contain software viruses or malware of any kind, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of User Content.
We have the right, but not the obligation, to monitor and edit or remove any activity or User Content for any reason or no reason in our sole discretion.
If you do post content or submit material, and unless we indicate otherwise, you grant Electric Tobacconist a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant to us that:
(i) any and all User Content is and shall be accurate, complete, current, true and not misleading;
(ii) you have obtained the consent of any living person whose name or image (in whole or in part) is contained in any User Content;
(iii) you own or otherwise control all necessary rights to any trademark, service mark, logo, name, message, data, image, text, photos, graphics, audio, video or other material or intellectual property contained or embodied in the User Content, and you will maintain such ownership or control while using the Site;
(iv) the User Content, and any part thereof, is legal, decent, honest and truthful, is not contrary to the provisions of any applicable law, regulation or code of practice, is not libelous or obscene and does not infringe the rights of any person (including any person's intellectual property rights); and
(v) the User Content will not be prejudicial to the image or reputation of Electric Tobacconist, its owners, affiliates and/or the Site, and will not contain anything which we consider to be offensive or otherwise inappropriate.