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Legal


PRIVACY POLICY

Smoker’s Emporium is committed to respecting the privacy of individuals and recognizes the need of our customers for the appropriate management and protection of any Personal Information that you agree to provide to us.

Our Privacy Plan includes guidelines on the collection, storage, use and retention of your Personal Information as follows:

Collection: Smoker’s Emporium collects personal information about individuals to better manage its business and deliver a worry free online shopping experience. The organization will limit the collection and use of personal information to that required strictly for valid business (e-commerce) purposes or to comply with legislation. We collect the following information regarding all visitors to this site: Internet Protocol (IP) address, information regarding what pages are accessed, items viewed, information volunteered by you (such as e-mail address and billing/shipping details), and length of time spent on the website. This information is collected and logged for statistical purposes. No attempt is made to identify users or their browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect logs, or where our store believes it is required to collect and produce relevant electronic documentation to fulfil its obligations to third parties, including statutory organizations under local law.

Accuracy: Smoker’s Emporium will make every reasonable effort to ensure that the personal information it collects and uses is accurate and complete. Individuals providing personal information will have the opportunity to review and correct their personal information, and on written request by an individual to whom the information relates, the organization will modify the information as required.

Storage: Smoker’s Emporium will store personal information using electronic means in such a way as to prevent unauthorized collection, access, use, disclosure or disposal of the personal information.

Retention: The organization will establish a retention period for all personal information collected. This period may be related to legislation other than the Personal Information Protection and Electronic Documents Act (PIPEDA).

Disclosure: The organization will not disclose personal information unnecessarily to employees or any third party, unless the effected individual has previously provided consent.

Access: Smoker’s Emporium promotes individual right of access to personal information about themselves. We will provide access to information upon written request. Access to a record may be subject to the payment of any fee required according to organization policy.

All Employees and third-party staff who in any way handle or manage Personal Information have acknowledged and agreed to adhere to our Privacy Code and the procedures that support that code. If you have any questions regarding our Privacy Policy please feel free to contact us.

 

TERMS AND CONDITIONS

These Terms and Conditions apply to placing an order or making a purchase. Our Privacy Policy forms part of these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions and Privacy Policy, you may not place an order or make a purchase. By shopping at Smoker’s Emporium you agree to all of the following Terms and Conditions:

1.0 ACCESS

You are provided with access to the website in accordance with our Terms and Conditions. We will not be responsible for any losses resulting from your usage or inability to use this website. This includes fraudulent access to, or alteration of transactions or information provided which is not controlled by us. We will not be responsible for any loss of your profits, costs incurred, or any other losses which have not been caused directly by us.

2.0 INDEMNITY

You agree to indemnify, defend and hold harmless Smoker’s Emporium, its directors, officers, employees and affiliates from any and all third party claims, damages (related to health or otherwise), liability and/or costs (including, but not limited to legal fees), arising from, without limitation, your use of any of our products, your breach of the Terms and Conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.

These Terms and Conditions must be interpreted under the laws of the United States and Canada (and includes all states, provinces, and territories). These Terms and Conditions may change without prior notice and will not affect your statutory rights. By placing an order, you confirm that you are of the legal age required in your state or province to purchase, receive, and use the products, services, and/or accessories that are for sale on our website.

3.0 INTELLECTUAL PROPERTY

Smoker’s Emporium uses images and text that are under copyright or registered trademark to the manufacturer of each product that we make available for sale. All images and text are used strictly to promote the manufacturer’s product(s) and/or accessories. You must not copy or use any of the information provided by our website for any other purpose than for the purchase of our products.

4.0 LEGAL AGE REQUIREMENT

You may only purchase products from our website if you are of the legal age required in your state, province, or territory. You are responsible for determining this and we reserve the right to ask you to declare and/or validate that you are of the appropriate legal age to purchase the products when placing an order. At our discretion, we may carry out independent verification to check your age and if we discover that you are not legally entitled to order the products, we shall be entitled to cancel the order immediately, without notice. Any false declarations made by you including but not limited to, age will result in your being held responsible for all costs, expenses, losses, damage, fines, and other penalties that we may suffer or incur because of your false statement(s). 

5.0 COMPLIANCE

All our Terms and Conditions comply with legislation in the United States and Canada to ensure that all of our customers can shop easily and with confidence. The use of this website indicates your acceptance of these Terms and Conditions. We are not responsible to you if you are unable to access our website for any reason that is beyond our control.

 6.0 SHIPPING AND DELIVERY

Delivery can only be made to the Cardholders Address for all transactions. We work diligently to minimize the possibility of fraudulent transactions. We shall endeavour to ship all orders in a timely manner, however we are reliant on third party shipping and postal carriers and cannot be held liable for any delays and/or losses once the products, goods, merchandise, and/or accessories leave our facility.

 7.0 GENERAL CONDITIONS OF MAKING A PURCHASE

These Terms and Conditions shall apply to all orders and purchases. We will not file a copy of these Terms and Conditions specifically in relation to your purchase. We may update the version of these Terms and Conditions on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible or current. We therefore recommend that you download, print and retain a copy of these Terms and Conditions for your records. The only language in which we provide our correspondence and documentation is English.

 8.0 MAKING A PURCHASE OF GOODS OR SERVICES ON OUR WEBSITE

Our website is hosted via Shopify and uses a secure payment gateway and/or processor to process your payment details. Charges will be posted to your credit card. Where we are unable to accept your order due to the requested items being out of stock or unavailable, we will aim to advise you when we expect the requested items to be available for purchase. If the delay is unacceptable to you (the buyer), we will issue a full refund. If the delay is acceptable and payment has been successful, we will have your order delivered.

9.0 PRICE AND PAYMENT

The price of our products shall be stipulated on the website or as otherwise advised by us to you when making a purchase. The website contains products and it is possible that some of the prices on the website and/or on our advertisements may be incorrect. We will verify prices as part of our sale procedures so that the correct price will be displayed.

When making a purchase, you may have to pay a shipping charge in addition to the price and/or legally imposed rate of taxation. We will inform you of this during the ordering process and before the contract is concluded. You will have different payment options available to you when purchasing our products and these will be brought to your attention during the ordering process and before the contract between you and us has concluded.

When making a purchase via our Website, payment must be made in Canadian Dollars through our accepted forms of payment. All credit card transactions are processed through a secure payment gateway. All credit card purchases are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorize payment to us for a particular purchase, we will not accept your order.

10.0 PRIVACY

Our Privacy Policy forms part of these Terms and Conditions and details how we will deal with your personal information including payment information.

11.0 OUR RIGHTS

We reserve the right to withdraw any portion or product from our website at any time.

We shall not be liable to anyone for refusing to accept an order. We have the right to revise and amend these Terms and Conditions (including price and methods of accepted payment) without notice. However, any change(s) will not affect contracts which have already concluded.

12.0 WARRANTY

We cannot describe every detail of the products listed on our website and each description is therefore abbreviated, paraphrased, or written directly by the manufacturer of the product which we accept as correct at the time of its input.

 We expressly exclude warranties, conditions, or terms whether implied by Statute, common law or otherwise to the fullest extent permitted by law. Any recommendation or suggestion relating to any of the products made available by us is given in good faith, but it is up to you to satisfy yourself as to the suitability of the products for your purposes.

You warrant and undertake to us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms and Conditions; (b) the information provided in your order is accurate and complete; and (c) you will be able to accept delivery of products when your order leaves our facility.

 13.0 TITLE AND RISK

The products comprised in your order will be at your risk from the time of delivery. Ownership of the products comprised in your order will only pass to you upon the later of: (a) delivery of the order; and (b) receipt by us of full payment of all sums due in respect of the products comprised in your order (including delivery charges).

We will be entitled to recover and keep full payment for the products/goods once the products/goods have been delivered to you even where ownership has not passed to you.

14.0 ORDER CANCELLATION AND REFUND

You may cancel an order without cause, and receive a full refund of the price and any delivery charge paid by you. You must notify us via email at returns@smokersemporium.ca with the subject heading “Order Cancellation” within twenty-four hours of placing your order. If twenty-four hours have elapsed since your order was placed, we cannot guarantee order cancellation.

15.0 LIMITATION OF LIABILITY

We shall not be liable to you for any indirect or consequential losses whatsoever or howsoever arising.

16.0 WAIVER

No failures to exercise and/or delay by us (whether express or implied) in enforcing any of its rights under this contract shall operate as a waiver thereof. A waiver by us of any breach of the Terms and Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.

17.0 ENTIRE AGREEMENT

These Terms and Conditions and any other document referred to herein constitute the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter.

18.0 FORCE MAJEURE

We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, labor disruptions, lock outs, accidents, war, fire, terrorism, breakdown of supply chain, telecommunications failure, epidemic, perils of the sea or air, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority; disputes of whatever nature and for whatever cause arising including but without prejudice to the generality of the foregoing, work to rule, overtime bar, strikes and walkouts.

 19.0 ASSIGNATION

You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms and Conditions. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms and Conditions at our discretion.

20.0 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.

21.0 YOUR LEGAL RIGHTS

Nothing in these Terms and Conditions affect your rights at law (including your right to receive a refund in respect of any defective products sold to you).

22.0 DISCLAIMER

Our products do not include tobacco or cannabis.