Amber E-Cig © Copyright 2013.
The electronic cigarette is for use by adults of legal smoking age and is not intended for children, pregnant or breastfeeding women, or those suffering from a pre-existing medical condition. The electronic cigarette contains the highly addictive substance, Nicotine. Sale to underage persons prohibited. Smoking can cause Lung Cancer, Heart Disease, Emphysema, and May Complicate Pregnancy. Consult your physician before use, especially if you are under medication or may be sensitive to nicotine. Use E-CIG is at your own risk. These statements have not been reviewed by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. E-CIG and this website is not affiliated or endorsed in any way with CNN, ABC, WINK News or Fox News and are registered trademarks of their respective owners. The individuals shown are paid models, and not necessarily Customers. Electronic cigarettes are not a smoking cessation product and have not been evaluated by the Food and Drug Administration, nor are they intended to treat, prevent or cure any disease or condition. NOT FOR SALE TO MINORS | CALIFORNIA PROPOSITION 65 - Warning: This product contains nicotine, a chemical known to the state of California to cause birth defects or other reproductive harm.
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 Winitz Enterprises LTD (.Company.). These Terms govern your purchase of company's electronic cigarette product (the .Product.). These Terms may be updated from time to time, without notice to you. Your continued purchase of the Product constitutes your acceptance to the new Terms.
These Terms were last updated on January 1, 2014.
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.
3. PURCHASING THE PRODUCT
Upon placing your first order for the Product you will be enrolled in company's Program. As a member in the Program, Company will immediately send you a Starter Kit which includes one extended battery, one atomizer, usb charger, one pack of cartridges and an instruction manual and all you pay for is shipping and handling at a rate of $4.95 (USD). In other words, upon enrollment in the Program, you authorize Company to charge your credit card $4.95 (USD). As a member in the Program, you have 14 days to try the Product (the .Trial Period.). Please note that delivery time is subtracted from your Trial Period, and will reduce the number of days allocated to your Trial Period. If the Product is not right for you, call 08007563398 during the Trial Period, as long as you return the product in accordance with the time limit described in Section 4, Company will not charge you another dollar. Otherwise, at the end of your Trial Period, as a member in the Program, your credit card will be charged $109.67 (USD) for the Product you already received. Then 30 days from your initial order of the Product (and every 30 days thereafter), you will be sent a new supply of the Product containing 4 packs of cartridges, (A total of 24 cartridges) and your credit card will be charged $69.62 (the .Monthly Fee.). Please note that we will assess and collect state sales taxes on all charges for Florida residents.
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.
4. CANCELLATION AND REFUND AND EXCHANGE POLICY
If you wish to cancel future deliveries of the Product or receive an RMA number, you must call 08007563398. If you cancel prior to the expiration of the Trial 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 (an .RMA.) number within 30 days from the date you placed your order. If you do cancel within the 14 day trial and do not want to be charged for the starter kit we must receive your starter kit with an RMA number 30 days from the date you placed your order otherwise you will be billed $109.67. If you fail to cancel prior to the expiration of the Trial Period or you fail to return the starter kit with an RMA number within the 30 days from when you placed your order, your credit card will be charged $109.67 for the Product that was shipped to you.
If you cancel after the expiration of the Trial Period, you may receive a refund, but only if the starter kit is received by us with an RMA number within 30 days from the date you placed your order. Refunds will not be given on packages marked .Return To Sender.. All Product returns must be sent to Winitz Enterprises LTD at The East Stable, Thrales End Lane, Harpenden, Herts AL5 3NS, UK . 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.
5. 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, Company may, in its sole discretion, decide to terminate your membership in the Program for non-payment.
6. 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 attorneys 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.
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.
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.
10. 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 INTELCompanyTUAL 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.
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 Provision
Any dispute arising out of or related to these Terms, which cannot be resolved by negotiation (including, without limitation, any dispute over the arbitrability of an issue), will be settled by binding arbitration in accordance with the J.A.M.S Arbitration Rules and Procedures. The arbitration will be held in the Miami Beach, Florida. The costs of arbitration, including the fees and expenses of the arbitrator, will be borne by the party initiating the action unless the arbitration award provides otherwise. Each party will bear the cost of preparing and presenting its case. The parties agree that the arbitrator has no power or authority to make awards or issue orders of any kind except as expressly permitted by these Terms, and in no event does the arbitrator have the authority to make any award that provides for punitive or exemplary damages. The award may be confirmed and enforced in any court of competent jurisdiction. These Terms shall be treated as though it were executed and performed in Miami Beach, Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles).
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 08007563398 or email us email@example.com
Winitz Enterprises LTD
The East Stable, Thrales End Lane,
Harpenden, Herts AL5 3NS, UK
Please DO NOT send returns to the above address, unless you received an RMA number.
Winitz Enterprises LTD
The East Stable, Thrales End Lane,
Harpenden, Herts AL5 3NS, UK
The Information We Collect and How We Use It.
The Information You Provide To Us. In order for you to purchase certain goods via the Site, we may require you to provide us with certain information that personally identifies you. Such information may include your name, address, email address, credit card information and telephone number. This information may also be used by us to verify your identity, notify you of related products and services offered via the Site and/or to conduct a survey. We may share your contact information with our business partners or other companies so that they may send you promotional materials but we will not share or sell your personally identifiable information to third parties for any purpose without your express permission. Except as stated above, we will not send you an email or mailing that you have not agreed to receive.
Accessing the Site. When you request a page within the Site, our Web servers automatically recognize your domain name and IP address. The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed the Site. We may provide this information to other companies and individuals to perform functions on behalf the Site. This information may be used to examine our traffic in aggregate and to investigate misuse of the Site, its users or to cooperate with law enforcement.
User Submitted Information. Any personal information or content that you voluntarily disclose online (on discussion boards, uploaded videos or pictures, in messages, chat areas, etc.) may become publicly available and can be collected and used by others. In addition, we may use this information and/or redistribute this information through the Internet and other media channels affiliated with this Site.
Choices for Personal Information
We will disclose personal information and/or an IP address, when required by law or in the good faith belief that such action is necessary to:
In addition, we reserve the right to transfer all such information (i.e., either personally identifiable or not) in connection with the sale of all or part of our capital stock or assets.
We may allow third parties to advertise on the Site. Please be aware that we are not responsible for the business and privacy practices of these other sites. We encourage you to be aware of this when you leave the Site and to read the legal notices and privacy policies of each and every website you visit.
Children's Online Protection Act
The Site serves general users of the World Wide Web. We support and comply with the Children's Online Protection Act (COPPA) and we do not knowingly collect information from children under the age of 13, nor do we share such information with third parties. Children under the age of 18 may use the Site only with the involvement of a parent or guardian.
Accessing and updating personal information
We make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We will ask that you identify yourself and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. The initial procedure to access, correct or delete your personal information is contact: firstname.lastname@example.org.
If you have any questions feel free to contact us at 08007563398 or email@example.com
Hours of Operation: Monday-Sunday 9 AM to 6 PM Eastern Standard Time