Terms & Conditions

Terms and Conditions

Definitions

Supplier  is any person engaged in the business of making a consumer product directly or indirectly available to consumers.

Consumer  a buyer of goods for personal use. A buyer of consumer goods for resale is not a consumer.       

Contract  means the contract between the Supplier and the Consumer for the sale and purchase of Goods incorporating these Terms and Conditions.

Goods means the articles that the Consumer agrees to buy from the Supplier.

Supplier  means

Simply Tobacco, Inc., 2905 25th Ave Suite B, Gulfport, MS 39501 .

And STC

Terms and Conditions  means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier.

Conditions

Nothing in these Terms and Conditions shall affect the statutory rights of the Consumer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Consumers acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier. Any complaints should be addressed to the Supplier's address at

Simply Tobacco, Inc., 2905 25th Ave Suite B, Gulfport, MS 39501 .

Ordering

All orders for Goods shall be deemed to be an offer by the Consumer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.

Where the Goods ordered by the Consumer are not available from stock the Consumer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.

When making an order through the Website, the technical steps the Consumer needs to take to complete the order process are described in the Order Process Section.

Age of Consent

Where Goods may only be purchased by persons of a certain age the Purchaser will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.

If the Supplier discovers that the Consumer is not legally entitled to order certain Goods, the Supplier shall be entitled to cancel the order immediately, without notice.

Price and Payment

The price of the Goods shall be that which is stipulated on the Website. The price is inclusive or exclusive of State Tax. The price includes delivery charges as listed separately.

The total purchase price, including State Tax and delivery charges, if any, will be displayed in the Consumer's shopping cart prior to confirming the order.

After the order is received the Supplier shall confirm by email the details, description and price for the Goods.

Payment of the price plus State Tax and delivery charges must be made in full before dispatch of the Goods.

Delivery

Goods will be delivered by whichever Carrier we deem necessary. Our carrier of choice is USPS but orders of a higher denominational value (currently $150) will, at our discression be shipped UPS Ground.  Please feel free to add a notation to your order if you prefer we ship USPS.

Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Consumer will be notified and given the opportunity to agree a new delivery date or receive a full refund.

The Seller shall use its reasonable endeavors’ to meet any date agreed for delivery. In any event, time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Consumer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

Delivery of the Goods shall be made to the Consumers address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. If payment is made by Paypal we reserve the right to ship to the address held by Paypal or ask for the address amendment to be made on the Paypal account.

Title and risk in the Goods shall pass to the Consumer upon delivery of the Goods.

Right of Supplier

The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Consumer places an order.

The Supplier reserves the right to withdraw any goods from the Website at any time.

The Supplier shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.  

Cancellation and Return

The Consumer shall inspect the Goods immediately upon receipt and shall notify the Supplier within 48 hours of delivery confirming in writing if the Goods are damaged or do not comply with any of the Contract. If the Consumer fails to do so the Consumer shall be deemed to have accepted the Goods. If the product is a consumable or perishable or oral product, once delivered it cannot be returned, unless faulty or incorrectly shipped. Orders can be cancelled anytime prior to shipping. Once shipped  the Consumer will be responsible for both the outbound and return shipping costs plus any restocking fee deemed necessary unless the item is defective or improperly shipped.  The maximum restock fee shall be a maximum of 25% of the purchase price plus all shipping costs.

Items may be returned when the item has been unopened, unused, and not damaged, unless damaged during shipping.  Any item returned must be shipped at the customers cost; unless item(s) damaged during shipping or in the event the product is delivered defective. Should the item need to be returned due to defect or damage during shipping, simply call STC at (228) 341-0847 or email return@simplytobaccoclub.com and have ready your order number, name, contact information used during the purchase.  After review of all information, and should the return request be accepted by STC, an STC Return Authorization (RA) along with a prepaid mailing slip will be issued to the purchaser.  Items that do not meet the above requirements for return, will be charged a 25% restock fee Plus all initial shipping costs.  Should STC incur shipping costs for the return of the item, those costs will also be charged to the customer.  Consumable and/or perishable items such as tobacco and E-Juice are considered final sales and cannot be returned or refunded unless they are damaged during shipping.  Should a consumable or perishable item be damaged during shipping, follow the above instructions to obtain a Return Authorization.

Warranty

All items are warrantied to be free from defect. 

Electronic Cigarette products - Consumers should be aware that our electronic cigarette atomizers and batteries, although made to the highest quality, may fail or degrade over a period of time. (An electronic cigarette atomizer's natural lifespan is around 14-60 days and an electronic cigarette battery's expected lifespan is 2-3 months). This is not a guarantee that the Consumer will "like" the Electronic Cigarette, simply that it will function as described within the specified timeframe.

Limitation of liability

Should there be any breach of these Terms and Conditions by the Supplier the remedies of the Consumer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

Waiver

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

Website Postings

Simply Tobacco, Inc. reserves the right to edit or delete any content posted on any part of the Simply Tobacco Club website at any time by customers or third parties, including, but not limited to the comments sections of the website.  Statements that reasonably may be interpreted to make therapeutic or "smoking cessation"  and similar claims regarding the use of STC's products, or electronic cigarettes generally, are prohibited and will be subject to editing and/or removal from the website.  Examples of such statements include statements that electronic cigarettes have helped an individual "quit" smoking traditional cigarettes, have helped reduce nicotine cravings or withdrawal symptoms, or have proven a successful alternative to approved smoking cessation drugs, such as nicotine patches or gums.

Force Majeure

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.

Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

Changes To Terms

The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Consumer upon making a purchase.

 

 

Privacy Policy

By accessing and using this Site, you hereby agree to the terms of this privacy policy.

Personal information

In order to respond to your questions, fulfill your requests or manage interactive customer programs, it may be necessary to ask for personal information such as your name, address, e-mail address and telephone number. We may use this information to respond to your requests, or to contact you via mail, e-mail or phone to inform you of new products, services or promotions we may offer. If you place an order for a product, request a service or submit content to this site, we may need to contact you for additional information required to process or fulfill your order and/or request. However, unless compelled by applicable legislation, we will not provide this information to a third party without your permission, except as necessary to process your order, fulfill your requests or manage interactive customer programs.

In addition to the personal information that you may provide us, this Site may use technology that lets us collect certain technical information like your Internet protocol address, your computer’s operating system, your browser type, traffic patterns and the address of any referring web sites.

Security

Please note that while there are always risks associated with providing personal data, whether in person, by phone or over the Internet, and no system of technology is completely safe, “tamper” or “hacker-proof”, STC has endeavored to take appropriate measures to prevent and minimize risks of unauthorized access to, improper use and the inaccuracy of your personal information. For example, we use encryption technology when collecting or transferring sensitive data such as credit card information.

Accuracy of collected data

STC will on its own initiative, or at your request, replenish, rectify or erase any incomplete, inaccurate or outdated personal data retained by STC in connection with the operation of this Site.

Visitor identification

From time to time, information may be placed on your computer to allow us to identify you. This information is commonly known as “cookies”. By showing how and when our visitors use this Site, this information can help us to continue to improve our Site. We will only use cookies to view information on your hard drive that was put there by a cookie from this Site. The use of cookies is an industry standard and many web sites use them. Cookies are stored on your computer and not on this Site. If you do not wish to receive cookies, or want to be notified of when they are placed, you may set your web browser to do so, if your browser so permits.

Minors

No information may be submitted to STC by persons under the age of 18 without the consent of a parent or legal guardian, nor may persons under the age of 18 make purchases or other legal acts on this Site without such consent, unless permitted by applicable legislation.

Changes

We may change this privacy policy, or change, modify or withdraw access to this Site, or the content of these pages at any time with or without notice.

Contact by STC to Customer

 

Customers may elect to Opt Out of any contact in whole or in part.  STC will text, email, or call customers from time to time to promote offerings or to improve customer relations to any am/or all customers who have not Opted Out.  Customers who elect to Opt Out will only be contacted at the request of the customer.

 

 

Statement about Smoking and E-Cigarettes

STC makes no claims that the electronic cigarette will cure a smoker's addiction to nicotine; the electronic cigarettes we sell serve the same purpose as a tobacco cigarette - they deliver its user nicotine. If you do suffer from the disease of Tobacco/Nicotine Dependence Syndrome and want to take steps to give up smoking or cut down the quantity of cigarettes you currently smoke, we recommend you visit your health care provider to discuss NRT (Nicotine Replacement Therapy) or a nicotine harm reduction program.

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