Terms and Conditions
Our Terms and Conditions
We strive to be as comprehensive and understandable as possible regarding the information that you need to know as a potential consumer of Digitalciggz products. Accordingly, we encourage you to visit our Frequently Asked Questions (“FAQ”) page of this website and so review the following information and please let us know if there is any information which remains unclear to you either on our FAQ page or in the information which is contained in these Terms and Conditions. Most importantly, however, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Please note that all users of our website agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these Terms and Conditions, we respectfully request that you do not use our site.
How You Should Use Our Site (in other words, what you should never do while using our site)
You agree to use our website only for lawful purposes. Internet usage and use of social media by the public is still a newly developing area, however, harassment in any manner or form on the site, including via e-mail, blog, chat, or by use of obscene or abusive language, is strictly forbidden. We will not tolerate it. Impersonation of others, including a Digitalciggz or other licensed employee, host, or representative, as well as impersonation of other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the site on which it appears. In addition, please be advised that we may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our site and conduct our business; or (iii) to protect the rights or property of Digitalciggz.com, its affiliated entities, owners, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or content that we deem in our sole discretion to be unlawful or harmful to you, Digitalciggz, the site, users of the site, our customers or any rights of Digitalciggz.com or any third party. Notwithstanding the foregoing, neither Digitalciggz nor its affiliated entities or owners can ensure prompt removal of questionable content after online posting. Accordingly, neither Digitalciggz.com, nor its affiliated entities and/or owners assume any liability for any action or inaction with respect to conduct, communication, or content on the website or any other location on the internet.
We Reserve Our Right to Police Information Posted to Our Site
As Digitalciggz.com grows, we will not be able to and will not even attempt to review all communications and materials posted to or created by users accessing the site, and we are not in any manner responsible for the content of these communications and materials. Should we decide in the future that we will fully enable our site users to view and distribute user-generated content on our site, you acknowledge that by providing you with the ability to accordingly view and distribute user-generated content on the site, Digitalciggz.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Digitalciggz.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Digitalciggz.com, in its sole discretion.
Your Indemnification of Us (this means YOU pay US if you intentionally engage in fraud or violate our terms and conditions)
You agree to indemnify, defend, and hold harmless Digitalciggz.com and Digital M.W.M. LLC d/b/a DigitalCiggz.com., and their owners, officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account with Digitalciggz. In addition, you agree to indemnify, defend, and hold harmless the Service Providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from the inducement by you (whether resulting from your fraud or misrepresentation or negligence) in forwarding information to the Service Providers regarding the age of any potential or current customer and upon which the Service Providers rely in fulfilling orders for product.
We Do Not Have Control Over Third-Party Links
In an attempt to provide increased value to our visitors, Digitalciggz.com. may link to sites operated by third parties. However, even if the third party is affiliated with Digitalciggz.com in some manner, Digitalciggz.com nor the Service Providers have any control over these linked sites, all of which have separate privacy and data collection practices, independent of Digitalciggz.com These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Digitalciggz.com. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Usage by Minors (which we do not allow)
WE USE 3RD PARTY AGE VERIFICATION SOFTWARE
This website is not intended for or directed to persons who are minors (typically persons under the age of 21, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the site, we rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. We have a very thorough process in place by which we request additional information from purchasers of our product. However, please be advised that by registering with this site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (21 years of age or older in most jurisdictions) and that any information you provide to us is not inaccurate, deceptive or misleading. If you are not, please go back and reread the section above entitled “Your Indemnification of Us” and remember, specifically, that if you are found to be committing fraud in purchasing product from us, we will prosecute to the fullest extent that we can under the law. Accordingly, we request that you help us keep everyone honest and our and your children safe.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older) , depending on where you live. Please see the additional information immediately below entitled “Nicotine Sales to Minors; Your Representations”,
Nicotine Sales to Minors; Your Representations (yes, that means YOU, the reader of this message and our website user)
WE USE 3RD PARTY AGE VERIFICATION SOFTWARE
We will not sell tobacco products nicotine or nicotine related products to anyone who is not of legal age to purchase and use tobacco or nicotine products under applicable law. We have put several safeguards in place that will limit our being held responsible for minors purchasing nicotine or nicotine related products with a parent or guardian’s credit card. By placing your order for tobacco or a nicotine products you are confirming that you are of legal age to purchase and use nicotine products in the state, country or territory where you are based. If you are under the legal smoking age for your state, county, or territory please exit this site now. As we emphasized on the home page for our site, by remaining on this website and/or by purchasing products from this website, you represent and agree that: (i) you are at least 21 years of age (California) (ii) you are of legal age in your area to purchase tobacco-related or smokeless vaporizer or electronic cigarette products; (iii) you will not expose the contents of, information contained in or products purchased from this website to minors; (iv) you understand that the laws and regulations governing smokeless products is still developing and you understand the laws and regulations including any prohibition on use in the region in which you plan on utilizing any Digitalciggz.com products you ultimately purchase; iv) you are wholly liable for any legal ramifications that may arise from your purchasing products from this website or sharing any of the information contained in this website or products purchased from this website with minors; and (vi) you will subject yourself to the jurisdiction of the State of California should any dispute arise between yourself and Digital.ciggz.com or the operators of the website on behalf of Digitalciggz.com Please be advised that it is in our discretion to restrict the purchase of tobacco products and or nicotine related products in your area should we determine that it in the best interests of either you or Digitalciggz.com or if we are required to do so by legislation.
CALIFORNIA PROPOSITION 65 WARNING
Please be advised, if you are still unaware, that some of our products contain nicotine, a chemical known to the state of California to cause birth defects or other reproductive harm.
We have spent quite a bit of time and effort in developing our graphics and products and the entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Digital M.W.M. LLC d/b/a DigitalCiggz.com. The collective work includes works that are licensed to Digital M.W.M. LLC d/b/a DigitalCiggz.com, Copyright 2017, Digital M.W.M. LLC d/b/a DigitalCiggz.com, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Digitalciggz.com or purchasing Digitalciggz.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Digitalciggz or to purchase Digitalciggz products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Digitalciggz. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks (remember that these are ours, not yours)
All trademarks, service marks and trade names of Digitalciggz used in the site are trademarks or registered trademarks of Digital M.W.M. LLC d/b/a DigitalCiggz.com. Please be advised that any infringement of such trademarks, service marks and trade names will be prosecuted to the fullest extent of the law.
What Happens Once You Place Your Order (in other words, when does a sale really take place)
After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). Prior to this step we will request you to provide us with age confirmation and we may need to contact you to discuss your order or if we feel that the sale compromises the integrity of our promise to refrain from sales to minors (in other words, if we feel you may not be being truthful to us about your age). Accordingly, we may also have to independently corroborate your age with you prior to completing your order. A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our inventory and if we believe the sale would be a sale to someone who is not of legal age to purchase our products.
Warranty Disclaimer (in other words, we do not make any promises to you as a consumer or site user)
Generally, this site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Digitalciggz.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Digitalciggz.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Digitalciggz.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Please be aware that some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
You Do Not Have a Right to Return and Get Money Back for Consumable Hardware
Consumable hardware such as atomizers, E-liquid and pre-filled cartridges are non-refundable or exchangeable.
Hardware Return/ Exchange/ Repair Policy
If you’re not absolutely satisfied with your purchase of Digitalciggz.com hardware, you can return it for a store credit refund within 14 days of receipt. The item being returned for store credit must be in new condition, and have all components that came with it intact to receive a full store credit. Items returned that are damaged, scratched, broken, or unsell-able may not be valid candidates for a store credit exchange.
DOA: Dead on arrival products or defective products right out of the box will be replaced with working products promptly. Please let us know within the first 7 days of receiving your product that the product is broken or defective. We will send you a prepaid shipping label to get the product back to us for review and replacement if deemed truly defective.
Requests for exchange or refunds must be done on our website in a written request and you must receive a Return Authorization (“RA”) number in order to have your product return accepted by us.
More Disclaimers and Limitations of Liability
Digitalciggz.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Digitalciggz.com has been advised of the possibility of such damages. In certain states, applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Please also keep in mind that the site is provided on an "AS IS," "as available" basis. Neither Digitalciggz.com nor any of the Service Providers warrant that use of the Site will be uninterrupted or error-free. Neither Digitalciggz nor any of the Service Providers warrant the accuracy, integrity, or completeness of the Content provided on the site or the products or services offered for sale on the site are available on anything but an “AS IS” or “as available” basis. Further, Digitalciggz.com makes no representation that content provided on the site is applicable or appropriate for use in locations outside of the United States. No oral advice or written information given by Digitalciggz.com or any of the Service Providers shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the site is at your sole risk.
Under no circumstances shall Digitalciggz.com or any of the Service Providers be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the site, including but not limited to reliance by a user on any information obtained at the site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Digitalciggz.com records, programs or services (whether or not those records contain any of your information). The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of Digitalciggz.com or any Service Providers has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the site, please refer to the manufacturer or those third-parties for details.
The products on our site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
Typographical Errors in Pricing, Etc.
In the event that a Digitalciggz.com product is mistakenly listed at an incorrect price, Digitalciggz.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Digitalciggz.com reserves 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 cancelled, Digitalciggz.com shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, as well as the existence of the Digitalciggz.com site may be terminated by Digitalciggz.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Digitalciggz.com may deliver notices to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Digitalciggz.com.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Digitalciggz.com products) shall be in the state or federal courts located in Sonoma County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Digitalciggz.com. products) must be commenced within one (1) year after the claim or cause of action arises. Digitalciggz.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Digitalciggz.com and any one or more of the Service Providers may assign and or all of their rights and duties with respect to the operation of this website and with respect to the operation of these terms and conditions to any party at any time without notice to you.