Terms & Conditions
IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE CLOSE THIS PAGE AND LEAVE THE WEBSITE IMMEDIATELY.
These General Terms and Conditions ("Terms and Conditions") are applicable to any use of the website Smoketower.ca ("Website"), to any services available on the Website and to any and all offers, orders and agreements connected therewith ("Services").
Article 1 - General
You acknowledge and guarantee that by using the Services you have reached the age of 19 years.
You undertake to duly comply with all instructions stated on the Website by, among other things, providing true, accurate, current and complete information about yourself.
You undertake to update information about yourself within ten (10) days of any changes
Article 2 - No unlawful or prohibited use
Article 3 - Restriction/termination
Article 4 - Account
You will receive a password and account designation upon completing the registration process on the Website. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Smoketower.ca of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Smoketower.ca cannot and will not be liable for any loss or damage arising from your failure to comply with this article. You hereby agree to indemnify and hold harmless Smoketower.ca against any and all claims which might be incurred as a consequence of any use or abuse by any unauthorized person of your password or account.
Article 5 - Offers/ Agreement
All offers made by Smoketower.ca are without commitment until you have received the acknowledgment of acceptance from Smoketower.ca, by which the agreement is concluded. You are aware of the technical steps leading to the conclusion of the agreement, whether the agreement shall be archived and is accessible, and the languages in which the agreement can be drawn up. Smoketower.ca is not obliged to supply information to you with respect to the above prior to the conclusion of the agreement.
This Agreement as it may be amended from time to time in accordance with the provisions of Article 5, and any and all other legal notices and policies on this website, constitutes the entire agreement between you and SmokeTower.ca with respect to the use of this website and its content.
Article 6 - Delivery and shipping info
For information about shipping costs and time of delivery, please also visit our Shipping info page. In any event, the time of delivery has a maximum of thirty days for US and Canada and ninety days for international. In case Smoketower.ca is not able to deliver the product(s) within thirty days for US and Canada and ninety days for international, Smoketower.ca shall inform you immediately in writing (e-mail) in which case you are entitled to terminate the agreement by notifying such in writing (e-mail or fax) to Smoketower.ca. Smoketower.ca shall refund any monies paid to you within thirty days, without incurring any other or further liability.
Article 7 - Risk during Transportation & Limited Warranties
During the transportation of the product(s) Smoketower.ca will carry the risk of damage, theft or loss. At the moment of delivery of the product(s), the risk passes to you. If you received your product damaged, you SHALL send us an email including your order ID and some pictures of the damaged item that shows the damage and the whole item the SAME DAY of delivery. Failure to do so will cause declining your claim by our transportation insurance and we can't do anything about it.
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, SmokeTower.ca products are provided “as is” without any kind of warranty.
You accept full responsibility for determining whether SmokeTower.ca products are suitable for any particular purpose and for protecting yourself against any possible consequential damages. In all of the cases, SmokeTower.ca's liability would not be more than the payment that you made minus the shipping and taxes.
Article 8 - Evidence
The administration of Smoketower.ca counts as unless the contrary is proven, conclusive evidence of the orders which are given by you, your payments to Smoketower.ca and the Services. You acknowledge that electronic communication can be used in evidence.
Article 9 - Customs
Smoketower.ca does not guarantee that customs will not confiscate the products ordered by you. Also, Smoketower.ca will not incur duties and/or other fees. it is your sole responsibility to fulfill such payments. If such is the case Smoketower.ca will not refund any payments to you.
Article 10 - Payment
In the event of non-payment for whatever reason, you will automatically be in default and will owe the legal interest on the total amount invoiced from the date due and all expenses of the collection of payments incurred by Smoketower.ca.
Article 11 - Return
Product must be unused and arrive back to us within 5 days of shipping for a refund (except the shipping, packaging and customs costs). Goods to be returned must be properly packaged, as we can not issue a refund if your item arrives back damaged due to lack of, or inadequate packaging. (Product received damaged due to any fault of ours will always be fully credited, including shipping if reported on the same day of delivery.)
If you need to return an item, simply send us an email including the order number. We'll notify you via e-mail and let you know how to return your item. Once we've received and examined the item for any usage, we will calculate and process the refund.
Please notice that you will be responsible for the shipping and customs costs and fees of any returns.
If Canada Post or USPS or any other shipper, cannot find your address because of for example missing apartment number, wrong postal code, wrong street number or street name or city, or someone in your address rejected the package, you have to pay the return cost and if you want your order to be shipped to you again, you have to pay the re-shipping cost. Please be advised that the free shipping option is just for one way shipping and doesn't apply if you enter a wrong shipping address. If you decided to cancel the re-shipping process, the amount of shipping and return costs will be deducted from your refund.
Article 12 - Miscellaneous
Smoketower.ca reserves the right to modify these Terms and Conditions at any time. Such modifications shall be effective immediately upon posting of the modified Terms and Conditions.
These Terms constitute the entire agreement between the parties and supersede any and all prior and contemporaneous agreements of the parties relating to the subject matter. If any provision of these Terms is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any other provision of these Terms, all of which shall remain in full force and effect.
Indemnity. You agree at all times to indemnify, defend and hold harmless SmokeTower.ca, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by SmokeTower.ca directly or indirectly in respect of:
- Any information or other content You provide on or through this website or which is sent to the Company by email or other correspondence; or
- Your use or misuse of the Content or this website, including without limitation infringement claims.
- Any and all other claims with respect to the use of any product sold by SmokeTower.ca
Article 13 Shipping and billing address:
We only ship the orders to a valid billing address. If you want us to ship your products to a different address, we will ask you to send us a picture of the front side of your credit card. If you are not the credit card owner, we can't ship the product to you. Some extra documentation may be required if you want to use a different address than your billing address. The only solution for this case is buying a prepaid Mastercard or Visa with your credit card and register the prepaid credit card to your shipping address and make your purchase with the prepaid credit card.
Article 14 - Reward Points:
Your reward points cannot be redeemed for cash. Smoke Tower Ltd. has no obligation toward your points. The points for each item is subject to change without any notice.
Article 15 - Free Shipping:
We may offer free shipping for some specific locations and order total but when the customer selects the free shipping, if the shipping cost is more than 30% of the amount of order's subtotal, we don't provide free shipping. The customer will be notified via email regarding the shipping cost.
Article 16 - Affiliate Program:
By registering in our affiliate program you accept the following terms and conditions: 1. Our affiliate program can stop at any time. 2.Minimum payout is $50. If your commission balance is less than $50, we may be able to change it to store credit for you. 3.Our payment can be cheque or other payment methods depending on your location. 4.You will be responsible for any income tax from the money that you receive from us. 5. Commissions will be applied to affiliate account 30 days after the order is delivered to the customer.
Article 17 -Communications:
Keeping in touch is important to us. Email allows us to keep you informed about your orders, reviews, new products, incredible offers, service information and other news. By accepting these terms and conditions, you agreed to receive emails from us about your orders, your questions, asking for your opinions, requesting reviews and sending you the news and promotions.
Term of Use:
- By entering the website Smoketower.ca you explicitly agree to the following terms and conditions:
You agree that use of the Website is at your sole risk.
- You may not use the Website in any manner that could damage, disable or impair the Website or its services.
- You shall comply with all applicable national and international laws, statutes, and regulations regarding your use of the Website and its services.
- In no event shall Smoketower.ca, its subsidiaries, affiliates, directors, agents or any other party involved in creating, producing, or delivering of the Website and/or its services, be liable for any damages whatsoever, including, but not limited to, any direct and indirect damages, arising out of or relating to the use, inability to use, unauthorized use, non-performance of the Website.
- You acknowledge that the Website contains information, data, software, photographs, graphics, videos, images, sounds and other material that are protected by copyrights, trademarks, or other proprietary rights.
It is prohibited to copy, modify, display, transmit, publish, transfer, sell or in any other way make available the Content (or any part thereof) without Smoketower.ca prior written consent.
- You may print or download to a local hard disk extracts of the Content for your personal, non-commercial use only.
Smoketower.ca is not responsible and accepts no liability for the Content inserted in the Website by third parties or any of their offers, services or products.
- Occasionally, the Website may make available a link to a third party's website. These linked websites are not under Smoketower.ca's control and Smoketower.ca is not responsible for any content, advertising, products or other materials on or available from any linked website or any link contained in a linked website, or any changes or updates to such sites.
- You will not be entitled to any damages and/or refunds during service outages that are caused by Smoketower.ca's maintenance on the servers or the technology that underlies the Services, failures of our service providers, computer viruses and any other cause beyond Smoketower.ca's reasonable control.