These Terms and Conditions (.Terms.) are entered into by the customer that accepts these Terms electronically (.you. or .your. means you and your agents, as applicable) and Power E-Cigarette (.Company.). These Terms govern your purchase of Company’s electronic cigarette product (the .Product.).
These Terms were last updated on March 13, 2012.
1. IMPORTANT DISCLAIMER
IF YOU ARE UNDER THE AGE OF 18 (OR UNDER THE AGE OF 19 AND YOU LIVE IN ALABAMA, ALASKA, NEW JERSEY, UTAH AND NEW YORK) PLEASE LEAVE THIS SITE IMMEDIATELY. BY ENTERING THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, OR 19 IN THOSE JURISDICTIONS MENTIONED ABOVE.
PLEASE NOTE THAT IF YOU ARE A RESIDENT OF OREGON, YOU MAY NOT PURCHASE THE PRODUCT.
THE PRODUCT IS NOT INTENDED AS A “STOP SMOKING” OR “QUIT SMOKING” DEVICE; INSTEAD THE PRODUCT PROVIDES AN ALTERNATIVE TO SMOKING BY SUPPLYING NICOTINE THROUGH A PERSONAL ATOMIZING DEVICE. NICOTINE IS A DANGEROUS DRUG THAT IS HIGHLY ADDICTIVE. NICOTINE, EVEN IN LOW DOSES, CAN HAVE A NUMBER OF POTENTIALLY HARMFUL SIDE EFFECTS INCLUDING BUT NOT LIMITED TO HIGH BLOOD PRESSURE, NAUSEA, VOMITING AND CANCER.
THE PRODUCT SHOULD NOT BE USED BY ANYONE UNDER THE AGE OF 18 OR ANYONE WHO IS PREGNANT, NURSING, OR BREASTFEEDING.
INFORMATION AND STATEMENTS REGARDING PRODUCT HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
2. PURCHASING THE PRODUCT
Power E-Cigs offers various options related to our starter kits and cartomizers. If you decide to purchase a starter kit or cartomizers and join or monthly delivery program please note that upon placing your order for our Power E-Cigs starter kit, you will be automatically enrolled in the company’s continuity program, which can be cancelled at any time, and be charged on the dates set during your continuity checkout area.
YOU HEREBY AUTHORIZE COMPANY (OR ITS PARTNERS, AFFILIATES AND/OR AGENTS) TO CHARGE YOUR CREDIT CARD THE MONTHLY FEE AND YOU ACKNOWLEDGE AND AGREE THAT COMPANY WILL NOT OBTAIN ADDITIONAL AUTHORIZATION FROM YOU FOR EACH MONTHLY FEE CHARGED TO YOUR CREDIT CARD
3. LICENSE GRANT
Company grants you a limited license to access and make personal use of the website and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company.
Upon request by Company, you agree to defend, indemnify, and hold harmless Company and its affiliates, their employees, contractors, agents, representatives, officers, directors, co-branders, content licensors and/or other partners from all liabilities, claims, and expenses, including without limitation attorney’s fees that arise from: (a) your use of the website or the Products; and/or (b) your breach of these Terms and the terms of the Program. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses.
6. CANCELLATION AND REFUND AND EXCHANGE POLICY
As a member of the Power E-Cigs program, you have 30 days to try our product and if you are not convinced that we offer a superior product or are not 100% satisfied, please return the product and we will give you a full refund. If you wish to cancel future deliveries of the Product or receive an RMA number, you must call 1-800-632-8592. If you cancel prior to the expiration of the refund period and would not like to be billed for the full amount of the Starter Kit you must return the starter kit with a return merchandise authorization (RMA.) number within 30 days from the date you placed your order. If you fail to cancel prior to the expiration of the refund period or you fail to return the starter kit with an RMA number within the 30 days from when you placed your order, we will not refund your purchase.
All Product returns must be sent to Power E-Cigarette. For purposes of calculating the 30 days for this refund/return policy, each Product that is shipped to you after the expiration of the Trial Period is deemed to have been ordered when such Product is billed to your credit card.
Pending for Final Updates and Review
7. GENERAL PAYMENT INFORMATION
All fees are payable in United States currency. Upon prior written notice to you (i.e., email), Company reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. If you do not agree with these changes, you may cancel your membership in the Program, as applicable, at any time, but you will remain responsible for timely payment of any and all fees that you have already incurred (including any applicable late fees). Continued acceptance of the Product, after receipt of such notice shall constitute consent to any and all such changes. If you fail to make any scheduled payment for a Product, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly and Company may, in its sole discretion, decide to terminate your membership in the Program for non-payment.
8. DISCLAIMER OF WARRANTIES
THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELECUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). Company MAKES NO WARRANTY THAT THE WEBSITE OR THE PRODUCT OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
9. THIRD PARTY SITES
Company may allow third parties to advertise on the website. Please be aware that Company is not responsible for the business and privacy practices of these other sites. Company encourages you to be aware of this when you leave the website and to read the legal notices and privacy policies of each and every website you visit. The website also contains links to other websites on the Internet that are owned and operated by third parties. Company does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators. Because Company has no control over such websites and resources, you agree that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. You agree that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
All content included on this website, including but not limited to text, graphics, logos, button icons, images, and audio clips, digital downloads, and data compilations, is the property of Company and is protected by United States and international copyright laws.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Company SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE AND THE PRODUCT ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY PRODUCT PURCHASED OR OBTAINED FROM OR THROUGH THE WEBSITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR PERSONALLY IDENTIFIABLE DATA; (D) THE FAILURE TO REALIZE ANY SPECIFIC WEIGHT-LOSS, BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND (E) ANY OTHER MATTER RELATING TO THIS WEBSITE OR THE PRODUCT OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Company FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF Company TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE THIS WEBSITE, THE PRODUCT AND/OR SERVICES OFFERED ON THE WEBSITE, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Company. ACCESS TO THE WEBSITE AND THE PRODUCT OFFERED ON THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS Company.S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. CHOICE OF LAW AND ARBITRATION – PLEASE READ CAREFULLY
You and the Company agree that these Terms shall be treated as though it were executed and performed in Miami Beach, Florida. All matters relating to the Terms, relating to your access to or use of this website, relating to the Trial Offer, and relating to any products, services, and/or money exchanged between you and the Company, including any and all disputes, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of laws provisions.
THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ALL CLAIMS AND DISPUTES RELATING TO THE TERMS, YOUR ACCESS TO OR USE OF THIS WEBSITE, THE TRIAL OFFER, AND ANY PRODUCTS, SERVICES, CONTRACTS, AND/OR MONEY EXCHANGED BETWEEN YOU AND THE COMPANY.
ANY DISPUTE OR CLAIM BETWEEN YOU AND THE COMPANY RELATING TO THESE TERMS, YOUR ACCESS TO OR USE OF THIS WEBSITE, THE TRIAL OFFER, AND/OR ANY PRODUCTS, SERVICES, CONTRACTS, AND/OR MONEY EXCHANGED BETWEEN YOU AND THE COMPANY, SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.
YOU AND THE COMPANY AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OF CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD. FURTHER INFORMATION REGARDING ARBITRATION MAY BE FOUND AT WWW.ADR.ORG.
IF ANY COURT OR ARBITRATOR DETERMINES THE PROHIBITION ON CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE, THEN OUR AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN COURT.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
We each also agree that you or the Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Arbitrations shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at www.adr.org. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. The Company will reimburse you all arbitration fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. To the extent the current version of the AAA’s Consumer Arbitration Rules are inconsistent with the terms provided herein, the AAA’s current rules will apply.
In the event the AAA is unable to handle the arbitration for any reason, You and the Company shall select a mutually agreeable alternate arbitration service to resolve any disputes and/or claims.
You represent and warrant that (a) you are at least 18 years of age (or 19 years of age in the jurisdiction mentioned above); (b) you have the full right, power and authority to enter into this agreement; (c) by entering into this agreement you are not breaching any duty or obligation to any third party; and (d) the person consenting to these Terms is your duly authorized representative and authorized to bind you to the terms of these Terms. You may not assign or delegate any or all of your rights, obligations, and duties under these Terms without the prior written consent of Company, which may be withheld in Company’s sole discretion. If any clause or provision in these Terms is determined to be invalid or unenforceable, it will not affect the validity of any other clause or provision these Terms, which will remain in full force and effect. No waiver of any of the provisions of these Terms is binding unless it is in writing and signed by Company. The failure of either Company to insist on the strict enforcement of any provision of these Terms does not constitute a waiver of any provision and all terms shall remain in full force and effect. These Terms supersede and replace all prior and contemporaneous agreements, understandings and representations, whether oral or written, between the parties and relating to the subject matter hereof, and together with the other documents referenced herein, constitutes the entire understanding of the parties with respect to the subject matter of these Terms.
14. CONTACT INFORMATION
If you have any questions about these Terms, please feel free to contact us at 1-800-632-8592 or email us [email protected].
7 days a week customer support.
6815 Biscayne Blvd Suite 103-416
Miami, FL 33138
Please DO NOT send returns to the above address, unless you received an RMA number.
Power E-Cigs would like to invite you to contact us at any time with any questions or concerns. Our direct telephone number 1-800-632-8592 or email us at[email protected]
6815 Biscayne Blvd Suite 103-416
Miami, Florida 33138
Hours of Operation:
Mon-Fri 9-6PM EST.
Saturday from 9-6PM EST.
The POWER E-CIGS warranty is for original purchasers who have purchased or acquired their POWER E-CIGS product from Powerecigs.com website. We warrant that your POWER E-CIGS product will be free from defects in material and workmanship under ordinary use and service for the full life of the product. The POWER E-CIGS lifetime warranty applies only to POWER E-CIGS electronic components and does not apply to Flavor Cartridges POWER E-CIGS, disposables or POWER E-CIGS E-liquid products. This warranty does not cover any defects or costs caused by:
- Physical abuse to, or misuse of the product or operation thereof in a manner inconsistent with the use indicated in the POWER E-CIGS instruction manual; or
- Modification, alteration, repair or service of this product by any persons or company other than POWER E-CIGSCigs.com;
- Any use of the product other than that for which it was originally intended (i.e the use of unapproved accessories, like non POWER E-CIGS chargers or power adapters)
Any express warranty not provided herein, and any remedy other than the warranty contained herein that might arise by interference or operation of law, is hereby excluded and disclaimed including the implied warranties of merchantability and of the fitness for a particular purpose. Replacement or repair of product is your exclusive remedy under this warranty.
The POWER E-CIGS Lifetime Warranty is limited to a maximum of 5 replacements on any given order. The item must be defective (this is not an exchange system), and will be replaced with an equal item from current inventory.
The POWER E-CIGS Warranty can only be used within 120 days of your last Cartridge or E-Liquid purchase. As long as you have purchased E-Liquid or Cartridge products from POWER E-CIGS within the last 120-days, you may make full use of your warranty for the life of your POWER E-CIGS electronic product. Your POWER E-CIGS warranty will never expire; therefore feel confident in purchasing and doing your business with Power E Cigs. .
Subject to the above warranty, in the event that you’re POWER E-CIGS device fails to operate satisfactorily, please follow these three easy steps:
- Call us so that we can troubleshoot the issue and authorize your item for warranty replacement if necessary. Please provide the POWER E-CIGS representative a detailed explanation of the difficulty you are experiencing with the device and/or its components. All of this information is required to process your return request. It is also helpful to have your original order number on hand.
- If it is determined that your product requires replacement, we will ship you a brand new item. These shipments will be sent UPS mail, so you should expect to receive a replacement within 3-10 days of your call to customer service. Included in the package sent to you will be an envelope to return us the defective merchandise. If we do not receive this merchandise within 30-days from your replacement postmark, you will be charged the full retail price of the merchandise.
- Please do not send any product to us unless you have spoken to a POWER E-CIGS representative first. This can lead to confusion and may result in the loss of your item, and therefore the forfeiture of your replacement. After speaking to Support please securely package your item(s) and include within your package a note detailing your order number and requested replacement. If you are experiencing an issue with a single product component, please do not send us your entire starter kit.
Should you have any questions regarding our Limited Warranty, please feel free to contact our Customer Service Department at: Call Toll Free: 1-800-632-8592
The POWER E-CIGS Cigs Limited Lifetime Warranty applies to all electrical components for the life of your product. Revolutionary in the electronic cigarette industry, the warranty offered by POWER E-CIGS Cigs for their e-cigs and electric cigarette accessories is second to none.
Need to Ship Back Your Product? Not A Problem
POWER E-CIGS offers a variety of shipping options including FREE and expedited services. Our estimated shipping dates are based on several factors. Orders destined for APO/FPO, Hawaii, Alaska or Puerto Rico is not currently eligible for shipping.
Our delivery estimates are calculated by a number of different factors. Some of these factors include processing time, the number of business days it takes for a package to travel from our facility to your address based on the shipping speed you’ve selected. In the event you have opted for Free Shipping you can expect your product to arrive anywhere between 3-10 business days from the day you ordered.
Orders placed after 8:00PM on Thursday will not be fulfilled until Monday morning. Please also note orders with overnight shipping service placed on Friday after 4:00PM will not ship until Monday.
You can choose a faster shipping option than our Free or standard shipping. Changing your shipping speed to a faster method will not change the processing time, but estimated delivery dates should improve (subject to item availability).
- Orders to PO Boxes must ship with UPS, please note that we don’t offer International Express service or shipments internationally.
- For accurate tracking information, allow 48 hours for carrier systems to update.
*Overnight shipping orders placed before 3:00PM are processed the same day.
You have a range of many shipping options when you order your electronic cigarette from POWER E-CIGS. However please note that all of our shipments are delivered to you via UPS. UPS upholds the shipping standards we deem to be important to both our business and our customers, therefore when ordering your product please keep in mind we strictly utilize UPS for all of our shipments.
Power E Cigs is committed to service excellence in every aspect of our business. Your satisfaction is our ONLY priority; we will do everything in our power to address your needs and concerns in a hassle free environment without questions or hesitation. Please review the information below and contact POWER E-CIGS customer support if you have any questions or concerns, we are here to serve you and to ensure you are fully satisfied both with our service and our long line of exceptional products. We spared no expense in servicing you the right way, from the very start!
POWER E-CIGS Starter Kits – 30 day money back guarantee:
We have one of the most aggressive money back guarantee warranties in the industry. We have taken our time to ensure that every starter kit and product that leaves our state of the art fulfillment center is exactly as you ordered it from our website. We have invested in our Quality Assurance department and process to ensure that all of our packages, products and items are reviewed a minimum of 6 times day to ensure every order is exactly the way it should be. We are so confident that you will be satisfied with your POWER E-CIGS product, that we offer a 100% money back guarantee on all of our Starter Kits, no questions asked! We offer our customers a hassle free environment and if for whatever reason you are not 100% satisfied with your starter kit, or you feel we fell short on our promise to providing excellence in our product, we will refund your original purchase price in full—no questions asked-in a hassle free manner! Please note this offer excludes shipping costs if you opted out of our FREE Shipping reward program at the time you placed your order.
To process a returned item:
Please Note: Our 100% 30-Day Money Back Guarantee applies only to POWER E-CIGS Starter Kits in their original packaging and state; we do not offer refunds on E-Liquids, Flavor Cartridges or POWER E-CIGS Disposables. Please also keep in mind that misused, abused, damaged, broken or missing starter kits will not be refunded. All returned merchandise must be received in Miami, Florida within 45-days of the original purchase date. POWER E-CIGS Cigs does not refund any shipping costs unless products were shipped to you in error. We also do not pay the cost of shipping starter kits back to our facility. Please contact POWER E-CIGS customer service at [email protected] if you have any further questions or concerns. We’ve put your needs ahead of ours because our customers mean the upmost to us.
POWER E-CIGS Batteries and Accessories, excluding E-Liquids, Flavor Cartridges and POWER E-CIGS Disposables, can be returned within 30 days of purchase subject to a 15% restocking fee. Misused, damaged or broken products will not be refunded.
The POWER E-CIGS Cigs return policy allows you to return your order which was purchased from our website within 30 days. Because we strive to be the best electronic cigarette in the industry, we stand behind our e-cig products.