End-User Purchase Agreement
PLEASE READ THIS PURCHASE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS WITH REGARD TO YOUR PURCHASE OF SMOKEHEAL PRODUCTS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This agreement (the “Agreement”) applies to your purchase of products (“Product” or “Products”) sold by Smokeheal, Inc., and its affiliates (collectively, “Smokeheal”). By accepting delivery of a Product, you accept and agree to be bound to the provisions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Smokeheal and return your purchase pursuant to Smokeheal Return Policy. This Agreement shall apply and control your purchase of the Products unless (i) you have a separate purchase agreement with Smokeheal, in which case the provisions of any such separate agreement shall control; or (ii) other Smokeheal terms and conditions apply to this purchase. If you are a tax-exempt purchaser you may not purchase Products through our Website under this Agreement. If you wish to make a tax-exempt purchase, please visit our Wholesale area or contact us at firstname.lastname@example.org.
Payment Terms; Orders; Quotes; Taxes.
Terms of payment for the Products are within Smokeheal sole discretion and payment must be received by Smokeheal prior to acceptance of an order. Payment for the Products will be made by credit card or PayPal account through implemented payment system at www.smokeheal.com. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error, or if the price has increased or decreased between the time the item is placed in a shopping cart and the time that the purchase is actually made, Smokeheal shall have the right to refuse or cancel any orders placed for Product listed at the incorrect price. Smokeheal shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Smokeheal will issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify Smokeheal acceptance of your order, nor does it constitute confirmation of Smokeheal offer to sell. Smokeheal reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Smokeheal may require additional verification or information before accepting any order. Smokeheal may charge and withhold the applicable sales tax for orders placed from the State of Ohio. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
Loss or damage that occurs during shipping by a carrier is your responsibility. We suggest using a tracking option and insurance option with carrier of your choice. Shipping dates are estimates only. Within 30 days of receipt of your shipment, you may return any of the purchased items, for any reason, for a full refund. See our 30 Day 100% Money Back Guarantee for more details. We’ll also refund the shipping cost if the return is a result of our error.
The sole limited warranty for your Product is set forth at Smokeheal Limited Lifetime Warranty.
If you wish to pursue a claim based upon the limited warranty you must follow the procedures set forth therein.
Additional Limitation of Warranties and Damages.
THE LIMITED WARRANTY SET FORTH IN SECTION 3 ABOVE IS THE COMPLETE WARRANTY FOR THE PRODUCTS, AND STATES YOUR EXCLUSIVE REMEDIES. THIS WARRANTY DOES NOT APPLY TO ANY DISCONTINUED SMOKEHEAL PRODUCTS. IN NO EVENT SHALL SMOKEHEAL BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES BASED UPON INFRINGEMENT OF THE PRODUCTS OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF SMOKEHEAL AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Return Policies; Exchanges.
Smokeheal return policy is set forth at Shipping and Returns. You must return a Product to us in its original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging a Product, unless the reason for the return is due to our error. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Smokeheal, Smokeheal is not responsible for a Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Smokeheal discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.
Changed or Discontinued Product.
Smokeheal may revise and discontinue Products at any time without notice to you and this may affect information saved in your online “cart.” Parts used in repairing or servicing a Product may be new, equivalent-to-new, or reconditioned.
Not For Resale or Export.
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export.
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES HEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND SMOKEHEAL ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAW.