TERMS AND CONDITIONS FOR ETERNALSMOKE.COM

Eternal Smoke Inc. specializes in hookah tobacco and hookah accessories, which are offered via the online shop system in EternalSmoke.com. These general terms and conditions apply to all acquisitions of products and services by Contractor from Eternal Smoke Inc. unless otherwise specified herein.

Within these terms and conditions, user-customer, within the meaning of these terms and conditions, is any private individual, partnership with legal entity or legal body entering into a transaction as part of their commercial or freelance activity.

Our Website contains age-regulated products, which may include minimum purchasing and usage of age requirements. Anyone visiting the Website must be of legal age to purchase tobacco products within your State or City (twenty-one or over in CA, NJ, HI, ME, MA, OR) to purchase from this site. Eternalsmoke.com cannot be held responsible for minors purchasing tobacco or tobacco related products with a guardian’s credit card. By using the Website, you agree that you are of legal age.

Before you can make a purchase from a product-specific newsletter mailing list, we will verify your age through a non-affiliated third-party company to perform an age and identify verification check for adherence to this requirement. We utilize these trusted verification services to verify the information that you provide and ensure that you qualify to access and purchase products from the Website. This process has been developed with the customer’s privacy in mind with detailed information neither shared nor accessible. Please do not hesitate to check our Privacy Policy as well. Both agreements enforce together.

In some cases, we might not be able to verify your age and/or identity through this third-party verification service. If you are unable to verify your age with the requested information, you may be requested to upload a copy of your government ID that our team can manually verify your date of birth. Photo ID’s are uploaded to our third-party partner’s secure database and we simply process the result that they provide – we do not receive a file with your ID to be stored on our servers or database.

Nicotine products should never be used by anyone under the legal age. An age verification check will occur during the registration process in order to confirm that you are of legal purchasing age. Only persons 21 years of age and that have been age verified can purchase products and participate in any promotions or offers from the Website. Due to age-restriction laws and regulations, we may use your provided information to conduct age-verification for your purchases and may deny or cancel your purchases due to such regulations. We reserve our right to terminate your account due to age requirements. To learn more about termination reasons please find our Termination Clause below.

Eternal Smoke Inc. encourages users to do their own research regarding vapor products and what is right for them whether tobacco-based or nicotine e-liquid product is safe or not. If you have any health concern about the use of any tobacco product, we highly recommend you consult with your doctor. Some products on our Website may contain chemicals to cause cancer and birth defects or other reproductive harm. Eternal Smoke Inc. does not take any responsibility of the results of using tobacco products.

Every customer must complete the registration process of the user account in order to purchase products. The user must provide name, address, e-mail address, phone number and date of birth correctly and have an ongoing obligation to update this information in the case of any change. To learn how we use your information, please check our Privacy Policy.

Every customer must create an account to purchase our products and are required to create a user ID and password. You agree that you never share your user ID and password with anyone else for any reason. Eternal Smoke Inc. reserves its right to terminate your account and stop shipping your ordered products in case of such reason. You are obligated to inform Eternal Smoke Inc. in case of unauthorized login to your account immediately. You are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless Eternal Smoke Inc. from any damages that arise out of or in relation to use of your account.

C. Conclusion of Contract

The confirmation of an order means the costumer’s acceptance of the wholeness of the Terms and Conditions. All orders may be made online on the Website. The transaction constitutes a binding agreement to conclude a contract of purchase for the products. By clicking the link "Send order", during the online ordering process on the Website, the contractor is placing a binding order for all the products contained in the shopping basket. The order could not be amended or cancelled except in the express conditions provided for you in the Terms and Conditions.

The contractor will be informed by e-mail as soon as the executed order has been received. Please note: the receipt of this first email does not mean that the agreement has been concluded. The agreement is concluded by sending a confirmation of the order or by the products being released for delivery.

The release of the ordered products for shipment by the Eternal Smoke Inc. also constitutes acceptance of the order. Eternal Smoke Inc. reserves the right to reject orders without giving any reason.

The conclusion of the order will be accepted with the reservation, that in the case of improper or failed delivery to the vendor, to supply none of the products or only parts of the delivery.

This applies only providing that Eternal Smoke Inc. have concluded a concrete hedging transaction and are not supplied by their sub-supplier without own fault. Eternal Smoke Inc. will make every reasonable effort to procure the products. If the products cannot be procured, Eternal Smoke, Inc. will promptly refund any payment that may have already been received. If the products are unavailable or only available in part, the contractor will be informed immediately.

After the contract has been concluded - and if the products have been ordered electronically - the text of the contract, together with the legally binding terms and conditions, will be sent to the contractor via email. The data registered by the website establish the proof of the whole transactions operated between Eternal Smoke Inc. and its contractors. In case of a dispute between Eternal Smoke, Inc. and one of its contractors about a transaction made on the website, the data registered by Eternal Smoke Inc. are considered as an irrefutable proof of the content transaction.

D. Retention of Title And Withdrawal  

With regards to contractors: Eternal Smoke Inc. shall retain the title to the goods until the full settlement of all claims arising from an ongoing business relationship.

The contractor is entitled to resell the retained products in the proper course of business, but he assigns now all debts to the Eternal Smoke Inc.; the amount will be the final amount of the invoice including all costs which arose when reselling the items to the customer or to a third party. Eternal Smoke Inc. accepts the transfer. After completion of the assignment, the contractor shall be entitled to collect the claim. The vendor reserves the right to call in the demand if the contractor handles his liabilities incorrectly or delays with payment.

Eternal Smoke Inc. and its affiliates attempt to be as accurate as possible when posting content as product descriptions, but cannot be held responsible for errors or omissions, or any resulting claims that arise from such errors and or omissions. Information obtained on the Website is offered on an as-is basis, with no inherent warranties implied.

E. Prices and Payment  

Prices are subject to change. Calculation of prices is based on the price list and discounts valid on the day of delivery or service plus value-added tax as stipulated by the Eternal Smoke Inc.

In respect of long-distance contracts: Additional shipping charges will be applied, as indicated in the overview of shipping costs (will be sent by email upon request). This amount will be payable by the customer in addition to the price, including taxes, of the products ordered.

The contractor shall only have a right of set-off where the counterclaims have been validly established, and of the acknowledgment which the vendor does not deny. The contractor may only exercise his right to refuse performance where the counterclaim arises from the same contractual relationship.

In the event of any pricing error or incorrect product information due to typographical or system errors, Eternal Smoke Inc. reserves the right to cancel any orders placed with erroneous information, with no further obligations to the contractor even after the receipt of an order confirmation or shipping notice.

In case of any dispute regarding payment obligation to Eternal Smoke Inc., Customer will be notified by Eternal Smoke Inc. in writing with email or phone call. Customers agree that all costs and expenses of collection, including attorneys’ fees, incurred by Eternal Smoke Inc. in the event of failure to make payment will be paid by the customer.

F. Payment Options and Shipping Costs

The contractor may make payments with all major credit cards including Visa, MasterCard, and American Express. PayPal and bank transfers are also accepted. Eternal Smoke Inc. reserves the right to exclude specific methods of payment.

Credit card and PayPal payments are charged in American Dollar (USD) regardless of where an order is placed or shipped. Except where noted otherwise, the prices displayed products, represent the full retail price listed on the product itself. Foreign exchange rates apply and may depend on the date your order was placed. 

With regard to paying through PayPal: Contractors should register with paypal.com. By choosing PayPal as a payment method, the contractor has agreed to PayPal Terms in the absence of any other agreement, or if not otherwise stated in the product description, the products will be delivered as soon as the total amount has been completely credited to the Eternal Smoke Inc.’s PayPal account.

Shipping costs are calculated as the sum total of the Eternal Smoke Inc.’s delivery fees. Further details can be found under Shipping Costs.

Your purchases may also be subject to sales tax, VAT, or other taxes or duties at the point of sale where applicable. Payment of taxes and duties due are your responsibility unless such sales taxes or duties are collected by Eternal Smoke Inc. at the time of your purchase, in which case Eternal Smoke Inc. will submit your taxes and/or duties to the appropriate authority on your behalf. We shall not be responsible for failure to pay taxes or duties you owe unless We have collected such taxes or duties at the time of the purchase. 

G. Shipment

Unless stated otherwise, all prices exclude Tax (where applicable) and exclude shipping costs. Please note that international customs duties should be taken into account as they may cause shipping fees to vary.

In case of unavailability of Eternal Smoke Inc. product after ordering the vendor will order the selected products as quickly as possible, inform the contractor without delay, and indicate the probable delivery date. To help speed up delivery, these products are marked by using a traffic light system. The products marked by delivery time in green means that they are available in stock and/or can be delivered immediately.

The vendor reserves the right - if circumstances dictate - to deliver consignments of products in separate parts. In such cases, the best interests of the contractor will be taken into careful consideration, and no additional costs will be incurred.

All items purchased from Eternal Smoke Inc. authorized retailer or sales/distribution agent are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass on to you upon delivery to the carrier.

H. Cancellation and Return Policy

Eternal Smoke Inc. does not accept returns from contractors including purchases made from an authorized Eternal Smoke Inc. retailer. Products purchased through an authorized Eternal Smoke Inc. retailer must be returned and refunded through the location from at which the products were purchased. 

Except damaged products, Eternal Smoke Inc. has no obligation to accept any return request in the sale of B2B (Business to Business Sale).

I. Transfer of Risk and Limits of Liability

To the fullest extent permitted under applicable law, you understand and agree that neither Eternal Smoke, Inc., nor any of its subsidiaries or third-party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from your use of or inability to use this site or any other site you access through a link from this site or from any actions we take or fail to take as a result of electronic mail messages you send us.

YOU HEREBY AGREE TO THE FOLLOWING, WHICH IS PERMITTED BY LAW: to waive any and all claims that you have or may have in the future against Eternal Smoke Inc., or any of its distributors, resulting from use of the Website and Products, is selling on the Website to release Eternal Smoke Inc. or any of its distributors from any and all liability from damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses) use of, access to, or inability to use this website; use or inability to use any other website you access from a link through this website; or any actions we take or fail to take as a result of email messages you send us;

This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.

With regard to contractors: The risk of accidental loss of, or damage to, the products are transferred to the contractor upon handover, or, in the case of forwarded transactions, when the products are handed over to the carrier, freight, or to any other party charged with executing the shipment. A refusal by either the customer or the contractor to accept delivery of the object will, nevertheless, be regarded as a handover.

After the process of placing your order including the product detail page and checkout page, the product price indicated in the confirmation email you will receive does not include the “customs fees” (if any) applied on exports and imports in your country. Placing an order confirms an unconditional agreement to the term that the customer is responsible for paying any additional fees.

In the event of your death or incapacity, these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives as well.

It is your intention to release all claims you have or may have against Eternal Smoke Inc. and any and all of its successors, subsidiaries, parents, affiliates, investors, branches or related entities, or those entities’ officers, directors, employees, stockholders, partners, members, consultants, agents, attorneys, employee benefit plans or assigns, whether those claims are known or unknown, suspected or unsuspected.

J. Warranty

Products supplied may vary slightly from the products as depicted on the internet as far as is reasonable and the customer is accepted to check the information of the product accurately in advance before confirming the order (see Section 2 / of the Terms and Conditions).

In the case of contractors, Eternal Smoke Inc. will choose initially a remedy or replacement for our warranty on deficiencies on the product.

If the customer is a contractor, the manufacturer's trade description of the product shall be the only criteria for establishing whether the quality of the products meets with the required standards. No other public statements, testimonials or advertising by the manufacturer will be acceptable as contractually binding descriptions of the products.

Eternal Smoke Inc. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service, and Eternal Smoke Inc. will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. 

This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.

K. Termination of the Account

We reserve the right to restrict access to, suspend, disable, terminate, and/or delete your account for any reason that we deem necessary, or for no reason. In the event your account is suspended, disabled, terminated, or deleted, your only option is to request reinstatement of your account by contacting Eternal Smoke Inc. via the Contact Form. You may not open alternate accounts.

Some examples of the reasons to terminate your account are but not limited: Any resale or commercial use of the Site or content therein or download or modify any portion of the Website except B2B retailers, except through page storing, the collection and use of any product listings, pricing or descriptions, making derivative uses of the Site and its contents; or any copying or downloading of information for benefit of a third party.

Any unauthorized use will immediately terminate your permission/license to use this website. You may not use any Eternal Smoke Inc. ‘s text, graphics, photos, logos, button icons, images, audio clips, digital downloads, or data compilations without the express written permission of Eternal Smoke Inc.

You agree that: Eternal Smoke Inc., at its sole discretion and without prior notice, may terminate your access to or use of the Website, at any time and for any reason, including a determination that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions or Privacy Policy; Eternal Smoke Inc. shall not be liable to you or any third party for any termination of your access to the Website; and those sections in these Terms and Conditions relating to limitation of liability, disclaimers, governing law, disputes, indemnification, notice and admissibility in a judicial or administrative proceeding shall survive any expiration or termination of these Terms and Conditions.

L. Electronic Communication

With the creation of an account, you agree that we may send to you electronic notices or other communication regarding this Website and products. These types of electronic communications will be sent to the email address that was provided during registration and/or the email address associated with your account. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. You can stop receiving these notices and communications at any time with the deactivation of your account.

By providing your email address and subscribing to Eternal Smoke Inc. newsletter, you are representing you are of legal age to receive such communications and will receive electronic communications and exclusive offers. These exclusive offers may be unavailable depending on your state and local regulations.

You agree that you will not use a false e-mail address, impersonate a third-party person or entity, or otherwise mislead Eternal Smoke Inc. as to the origin of a communication. Communications violating the restrictions of this paragraph shall constitute a violation of these Terms and Conditions, and may result in the termination of your account at the sole discretion of Eternal Smoke Inc. 

Any material or communication transmitted by you to this Website will not be treated as confidential. By submitting any content to us through the Website, you grant us a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use that content for any purposes, including, without limitation, a license to reproduce, prepare derivative works, distribute, perform publicly, transmit, broadcast, and display the content. Any ideas, concepts, or other materials transmitted by you to Eternal Smoke Inc. may be used in any manner, including reproduction, transmission, publication or broadcast without compensation. We have the right, at our sole discretion, to edit or refuse to post content submitted by you. The provisions of this paragraph will survive the termination of these Terms and Conditions and for the maximum period permitted under applicable law. For more details, please read our Privacy Policy.

M. Damaged / Incomplete / Incorrect Orders

You have a legal guarantee of conformity in connection with items purchased through the Website. You agree to immediately inspect any goods purchased upon receipt of your purchase order. Please report damaged, incorrect, or incomplete orders to us immediately. If you received an order shipped from Eternal Smoke Inc. that is damaged, incorrect, or incomplete, please contact Eternal Smoke Inc. support immediately to explain the problem with your order and to request a refund or replacement of goods; Eternal Smoke Inc. may require you to return damaged items.

N. Compliance with Law; Indemnification

You agree that your use of any Products and/or Eternal Smoke Inc. services will comply at all times with all applicable laws and regulations, in all relevant jurisdictions, including without limitation laws and regulations related to product use; resale; and marketing, advertising, and/or other forms of promotion. 

You agree to indemnify, defend, and hold harmless Eternal Smoke Inc. and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: your use of and access to any Eternal Smoke Inc.’s products or services, or this Website, including any data or content transmitted or received by you; or your violation of any term of these Terms, including without limitation of your breach of any of the representations and warranties herein or your obligations under this Section; your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; your violation of any applicable law, rule or regulation; any content that is submitted via your account including without limitation misleading, false, or inaccurate information; your wilful misconduct; or any other party’s access and use of the Website with your unique username, password or other appropriate security code.

O. Third Party Links

This Website may contain links to third-party websites. Eternal Smoke Inc. does not intend these links to be viewed as an endorsement of those websites or their content. If you decide to access third-party websites, you do so at your own risk. Different terms of use may apply to any third-party website.

P. Privacy Statement

For more information about how we use and protect your personal information you may provide through our Website, please review our Privacy Policy. Note that Eternal Smoke Inc. reserves the right to change its Privacy Policy at any time without notice. We suggest you to keep looking at our Privacy Policy and Terms and conditions regularly.

Q. Governing Law

These Terms and Conditions will be governed by and interpreted under the laws of the State of Delaware, USA, without regard to its principles of conflict of laws. Exclusive venue for any dispute that arises out of or relates to these Terms and Conditions or your use of the Website will be the state or federal courts of Delaware.

R. Trademarks and Copyright

This Website features trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of Eternal Smoke Inc. and its affiliates or licensors.

This Website also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video, and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner.

This Website and all of its content are protected under copyright, trademark and other laws of the United States and other countries.

All content of this Website, including but not limited to, any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio-visual works, and data found on this Website (collectively the “Materials”), are the property of and owned by Eternal Smoke Inc. or its licensors, and are protected by copyright, trademark, and/or other laws.

The Website and related content are provided for informational purposes only. Your use of this Website is at your sole risk. If you download any materials from this Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.

Eternal Smoke Inc. and our affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our offices immediately: info@eternalsmoke.com

S. Miscellaneous

This Terms and Conditions do not create a partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Eternal Smoke Inc. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms and Conditions.

T. Amendment to the General Terms and Conditions

Eternal Smoke Inc. reserves the right to change these Terms and Conditions and Privacy Policy and Cookies Policy at any time. This prior notification will take the form of the publication of the modified General Terms and Conditions on the Eternal Smoke.com website, stating the date on which the changes will come into force.

If the customer does not register his or her opposition to the changes within 2 weeks of their publication, the amended terms and conditions will be considered acceptable.

Eternal Smoke Inc. offers may be subject to change at any time without the obligation of a previous notice, at the sole discretion of Eternal Smoke Inc. While every effort is taken to try to ensure that the colouring, design, and style of the Eternal Smoke, Inc. products in the photographs displayed on the website are representative of the original products, variations may happen due to technical restrictions of colour reproduction on your computer equipment.

Accordingly, Eternal Smoke, Inc. shall be under no circumstances liable for any error or inaccuracy in the photographs or graphical representations of the products displayed on the website. If you have any questions about the products, you may, of course, contact our Customer Service Department by email at info@eternalsmoke.com

You agree that these Terms and Conditions, the Privacy Policy, and Cookies Policy, which are incorporated by reference, constitute the entire agreement between you and Eternal Smoke Inc. with respect to the Website and your relationship with Eternal Smoke Inc. and that there are no further understandings, agreements, or representations with respect to the Website that are not specified in these Terms and Conditions. All notice required or permitted under these Terms and Conditions shall be made in writing by mail or by email to: 

Eternal Smoke Inc.

Address: 1321 Edgewater Dr Suite 5 Orlando, FL 32804

info@eternalsmoke.com

U. Privacy Policy

Effective Date of Current Privacy Policy: November 1st 2018