EnvyCIG.com Terms and Conditions
(Please Read Carefully)
Terms of Service
This Terms of Service (“TOS”) is a legally binding agreement made by and between ENVY® ELECTRONIC CIGARETTES INC. and you, personally and, if applicable, on behalf of the entity for whom you are using this EnvyCIG.com™. This TOS governs your use of the EnvyCIG.com web site (“Web Site”) and the services we offer on the Web Site (“Services”), so please read it carefully.
By accessing or using any part of EnvyCIG.com, you assert that you are the person whose name is on credit card used for the purchase and the person who will use the purchase. In addition to the identity of the purchaser, you affirm that you are of legal age to smoke -in the region where purchase will be shipped- and can form legally binding contracts under applicable law in your region; furthermore, you assert that you have read, understand and agree to be bound by this TOS. If you do not agree to be so bound, do not access or use the web site.
Internet technology and the applicable laws, rules, and regulations change frequently. Accordingly, we reserve the right to make changes to this TOS at any time without notice. Your continued use of the web site constitutes assent to any new or modified provision of this TOS that may be posted on the web site.
Communicating with ENVY ELECTRONIC CIGARETTES and its representatives via electronic communications (contracts, agreements, disclosures or notices, or any other communication that is provided by or to ENVY ELECTRONIC CIGARETTES) satisfies all legal notification requirements.
All content included on EnvyCig.com, such as text, graphics, photos, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, are protect by United States and international copyright laws. No portion of the information found on this website may be copied or reproduced in any form, or by any means, without prior written permissions from ENVY ELECTRONIC CIGARETTES. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on EnvyCig.com or any ENVY ELECTRONIC CIGARETTES publication for any public, private or commercial purpose.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on EnvyCIG.com or on content available through EnvyCIG.com are registered and unregistered Trademarks of Envy Electronic Cigarettes and Nicholas Van Burren and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by Envy Electronic Cigarettes and Nicholas Van Burren that appear on EnvyCIG.com or on or through EnvyCIG.com’s services, if any, are the property of their respective owners. Nothing contained on the EnvyCIG.com website should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on EnvyCIG.com without the written permission of rights holders or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on EnvyCIG.com or on or through any of the EnvyCIG.com’s services is strictly prohibited.
Envy is a registered trademark. Any unapproved current/past/future use of Envy, or any use of the unregistered marks that are protected by common law trademark protection, in any form -including, but not limited to, variation of spelling or with descriptive and/or non-descriptive terms – will constitute an act of willful and malicious trademark infringement.
Compliance with Applicable Laws; Export Control Laws
Use of EnvyCig.com is governed by all applicable federal, state and local laws. All information available on EnvyCig.com is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
Your EnvyCig.com Account
When you set up an account you are solely responsible for your account, including confidentiality, password and access to your computer and or account. You agree to accept responsibility for all activities that occur under your account. ENVY ELECTRONIC CIGARETTES reserves the right to terminate an account at any time without notice.
Risk of Loss
Purchases from EnvyCig.com or any ENVY ELECTRONIC CIGARETTES agents pass the risk of loss to you upon delivery to the carrier.
EnvyCig.com and its affiliates attempt to be as accurate as possible with all product descriptions, slightly inaccurate descriptions, and variable interpretations do not void any part of the agreement.
The displayed prices for ENVY ELECTRONIC CIGARETTES products represent the full retail price, except where noted otherwise. Pricing, when offered for sale by a merchant or independent sales representative, is determined by the said agent, but should never exceed the pricing found on EnvyCig.com. Please report any agent charging over the price listed on EnvyCig.com.
Disclaimer of Warranties and Limitation of Liability
EnvyCig.com and all content, materials, information, products, software and services included on or otherwise made available to you through EnvyCig.com, or its affiliates, on an “as is” basis, unless otherwise specified in writing by EnvyCig.com. EnvyCig.com and its affiliates make no representations or warranties of any kind, express or implied, as to the operation of EnvyCig.com or the content, materials, information, products, services or software included on or otherwise made available to you through EnvyCig.com, unless otherwise specified in writing by EnvyCig.com. You expressly agree that your use of EnvyCig.com is at your sole risk.
To the full extent permissible by applicable law, EnvyCig.com and its affiliates disclaim all warranties, express or implied, including, but not limited to, fitness for a specific purpose or implied warranties of merchantability. EnvyCig.com and its affiliates do not warrant that EnvyCig.com; materials, products, information, content, software, or services included on or otherwise made available to you through EnvyCig.com; their services; or email sent from EnvyCig.com are free of viruses or other harmful components. EnvyCig.com and its affiliates will not be liable for any damages of any kind arising from the use of EnvyCig.com or from any information, content, materials, products, software or services included on or otherwise made available to you through EnvyCig.com, including but not limited to direct, indirect, consequential, punitive, and incidental damages, unless otherwise specified in writing by EnvyCig.com.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
If you choose to go to a different site via a link on EnvyCig.com, the policies and terms of this site no longer apply and you are subject to said site’s policies regarding privacy and data collection. If you have reached EnvyCIG.com via another website, ENVY ELECTRONIC CIGARETTES disclaims any relationship to said website—any offers, guarantees, warranties, or any content that is not provided directly from ENVY ELECTRONIC CIGARETTES.
Any information transmitted via email to ENVY ELECTRONIC CIGARETTES will be treated as non-confidential and non-proprietary, and may be used by ENVY ELECTRONIC CIGARETTES in any way and at its discretion.
By visiting and or shopping EnvyCig.com, you agree that the laws of the State of Florida, USA, without regard to principles of conflict of laws, will govern these Term and Conditions and any dispute of any sort that might arise between you and EnvyCig.com or its affiliates. ENVY ELECTRONIC CIGARETTES makes no representation for use outside the United States. Those who choose to access EnvyCig.com from other locations do so of their own volition and are solely responsible for compliance with applicable country, state, and local laws.
If any provision of the EnvyCig.com Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
By visiting and or shopping EnvyCig.com you agree to indemnify and hold harmless ENVY ELECTRONIC CIGARETTES, its officers, agents and directors, from all liabilities, claims, and all expenses (including attorney’s fees) that arise from your use of EnvyCig.com, information found within, and or products from EnvyCig.com.
Any purchaser dispute relating in any way to your visit to EnvyCig.com or to products you purchase through EnvyCig.com shall be submitted to confidential arbitration in Denver Colorado except that, to the extent you have in any manner violated or threatened to violate ENVY ELECTRONIC CIGARETTES’ intellectual property rights, ENVY ELECTRONIC CIGARETTES may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
ENVY ELECTRONIC CIGARETTES reserves the right to, at its discretion, take legal action against any and all persons who are suspected of, but not limited to: credit card fraud, impersonation of another visitor or purchaser/identity thieve, trademark infringement, copyright infringement, or any other form of deceptive acts that are considered, by applicable law, to be fraud or to be a breach of this agreement.
ENVY ELECTRONIC CIGARETTES does not offer refunds. Envy does not accept returns on replacement cartridges/cartomizers/eliquid/disposables/or any other consumable product. Unused products can be exchanged for other products of equal or lesser value. Shipping to Envy will be the responsibility of the returner.
ENVY ELECTRONIC CIGARETTES offers warranties on specified defective parts, a purchase is final and the buyer accepts that there will be no buyer’s recourse beyond that of the specified warranty. By making a purchase on www.EnvyCIG.com, the buyer formally and irrevocably releases all claim to the funds associated with the purchase.
ENVY ELECTRONIC CIGARETTES warrants to the original purchaser of any product produced specifically by ENVY ELECTRONIC CIGARETTES that it will be free from manufacturer’s defects in materials and workmanship for a period of one month, unless otherwise specifically stated on Envycig.com, from the date of original purchase. ENVY ELECTRONIC CIGARETTES will, at its discretion, repair or replace (with new, reconditioned, or a new equivalent in the case the model is discontinued) the defective component. The warranty will be voided if defects are determined, by ENVY ELECTRONIC CIGARETTES and/or its employees/directors/agents, to be the result of misuse, improper, unauthorized modification, damage from elements, and use of unapproved e-liquid or other similar misuse.
Replacements will be sent after ENVY ELECTRONIC CIGARETTES receives the defective unit via mail (postage is the responsibility of sender) and after it is determined that the defect is a manufacturer’s defect. Replacements will only be sent if the sender includes the original bill of sale, your contact information, and detailed description of the defect.
ENVY ELECTRONIC CIGARETTES’ Warranty Address:
ENVY ELECTRONIC CIGARETTES
8821 Harlan Street, Suite 1, Westminster, Colorado, 80031