PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright:

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 Freedom Smokes Inc. The collective work includes works that are licensed to Freedom Smokes Inc. Copyright 2010, 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 or purchasing 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 or to purchase 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 Freedom Smokes Inc . You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names used in the site are trademarks or registered trademarks of Freedom Smokes Inc.

Order Editing and Cancellation

Please verify that your order is complete and correct before submitting payment.  Due to increased volume requiring changes to our order fulfillment process that will allow us to continue to provide extremely fast order shipment, we are no longer able to edit or cancel orders once they have been submitted.  We are also no longer able to combine multiple orders placed by a single customer, even if they are being shipped to the same address. This change has been made to ensure that our customers still recieve their orders as quickly as possible.

All liquid products are custom filled during the order fulfillment process.  Therefore, once your order containing liquid (i.e. e-liquid, unflavored nic, concentrated flavoring, etc.) has been filled, the purchase is complete and cannot be returned or refunded.

Shipping:

All orders are shipped via USPS Priority Mail, USPS Express Mail, or FedEx. All orders are shipped as quickly as possible, and most ship the same day. Please note, E-Liquid is hand mixed per order, and may take slightly longer. Orders placed after 2pm Eastern Time on Friday as well as orders placed throughout the weekend will likely be shipped on Monday, even though we may process them at any time (even Sundays).  Orders placed on Monday will likely ship on Tuesday. 

Standard USPS Priority Mail Shipping is a flat rate of $5.95 per order (*Additional charges may apply for some orders depending on the size, weight, and location.  Customer will be contacted via email or phone prior to shipping if this occurs). We reserve the right to use the carrier of our choice without the notice or consent of the buyer.

Once a package leaves our warehouse, we are no longer responsible for the package.  All questions regarding package tracking and delivery should be directed to USPS (or relevant shipping provider) as we have no control over the package once it leaves our hands.  We do not guarantee shipping times or dates. It is the customer's responsibility to track their package and be aware of when it may be delivered.  

Returned Packages:

Any packages that are returned to us for any reason will be held for 10 days and then discarded.  This includes orders that were returned due to an undeliverable address, refused packages, packages that were not picked up, etc.  The package may be re-shipped upon request, but will require payment of a second shipping charge to cover the cost of re-shipment.  

International orders:

We have now re-implemented International Shipping. 

International Shipment Liabilities. Freedom Smokes Inc. assumes no liability for international shipments once the package has left our facility.  Purchaser is responsible for knowing and understanding the laws regarding the importation of any products ordered into their country.  Purchaser assumes total liability for shipments confiscated or delayed by customs and is responsible for any duties imposed on shipments or orders.

All international shipments will be shipped using USPS International Priority Mail.  We are unable to control what carrier handles the package once it leaves the US and are not responsible for packages that are undeliverable, mis-delivered, lost, or stolen.

International shipments that are returned to us for any reason will be held for 10 days and then discarded.  Returned packages will not be refunded and no credits will be given.  The package may be re-shipped upon request, but will require payment of a second shipping charge to cover the cost of re-shipment.  

All international shipping rates are based on a flat-rate fee of $39.95. This is for shipping via USPS Priority International Mail for weights up to 3 pounds that fit in standard sized boxes.  Heavier orders or orders requiring a larger box may require additional charges and will not be shipped until the additional postage is paid.

Warranty Disclaimer

A change has recently been made to our Warranty Policy.  Batteries and chargers now come with a 30 day replacement warranty and an extended 60 day prorated warranty when purchased at retail price.  Warranty covers product failure or defects only.  Time frame for 30 and 60 day warranty is calculated based on the date the product arrived at shipping address on order and the date we were first notified of a possible defective product.  When purchased with coupon codes or otherwise discounted pricing, warranty is DOA (Dead on Arrival) only (see DOA Warranty section below).

 Warranty coverage becomes invalid and Freedom Smokes Inc. cannot be held responsible for any product failure, property damage, injury, or death that is the result of product misuse, modification, or abuse.  This includes the use of our products with products purchased elsewhere as we are unable to guarantee compatibility with products purchased from another retailer.  Please call us with any questions that you may have regarding compatibility or before trying to modify or use the products we sell in any other way than as mentioned on our website.

30 Day Replacement Warranty (Batteries, Chargers, and Mod Devices)

If product failure or defect occurs within 30 days of product being delivered to the shipping address on the order, the customer should fill out a return request on our website (See instructions below) or notify us immediately via phone or email.  If return request or other notification is not received within 30 days, customer will not qualify for product replacement regardless of when product failed or was found to be defective.  In order to qualify for product replacement customer may also be required to return the defective product at their own expense before the replacement is shipped out.  Once we receive the product and it is determined to have failed or is defective, a replacement will be sent out at our expense or a store credit for the full purchase price of the product will be applied to the customer's account if preferred by customer or if product is no longer in stock or otherwise available.  We will not be responsible for and will not replace or refund items that were destroyed or damaged due to user error, modification, or mishandling.

60 Day Prorated Warranty (Batteries, Chargers, and Mod Devices)

If product failure or defect occurs between 31 and 60 days of product being delivered to the shipping address on the order, the customer should fill out a return request on our website (See instructions below) or notifiy us immediately via phone or email.  If return request or other notification is not received within 60 days, customer will not qualify for prorated warranty regardless of when product failed or was found to be defective.  In order to qualify for prorated warranty customer may also be required to return the defective product at their own expense before store credit is applied.  Once we receive the product and it is determined to have failed or is defective, a store credit will be applied to the customer's account.  The amount of the store credit will be based on the purchase price of the product prorated out for 60 days from the date the product was delivered to the shipping address on the order.  We will not be responsible for and will not replace or refund items that were destroyed or damaged due to user error, modification, or mishandling.

DOA Warranty (Atomizers, Cartomizers, and Sale Items)

All atomizers, cartomizers, and items on sale, clearance, or otherwise purchased at a reduced price such as with a coupon code come with a DOA (Dead On Arrival) Warrantly ONLY.  This means that the product will only be replaced if it is found to be defective when it arrives to the customer.   All DOA Warrantied items must be inspected and tested by the customer upon receipt and the customer must notify us within 24 hours of the time stamped delivery if a product is found to be defective.  Replacements, Refunds, or Store Credits will not be given if we are not notified immediately.  We will not be responsible for and will not replace or refund items that were destroyed or damaged due to user error, modification, or mishandling.

No Warranty (E-Liquids, PG, VG, Unflavored Nicotine, and Concentrated Flavorings)

All E-Liquid and Unflavored Nicotine orders are custom filled during the order fulfillment process.  Therefore, once your E-Liquid or Unflavored Nicotine order has been filled, the purchase is complete and cannot be returned or refunded even if it has not been shipped from our facility or received the customer.

Also, due to the consumable nature of these products and the inability to reuse or resell once they have left our facility, returns or refunds are not allowed for PG, VG, and Concentrated Flavorings.

All other warranties and exchanges will be handled on a case by case basis and are subject to our determination.  To the fullest extent permissible pursuant to applicable law, Freedom Smokes Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Freedom Smokes Inc. 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. Freedom Smokes Inc. 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. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Incorrect Orders

MyFreedomSmokes.com is not responsible for orders that are placed incorrectly.  We reserve the right to refuse returns or exchanges of products on orders that were filled and shipped correctly.  If you have questions or are unsure regarding a product or it's function or compatibility please contact us before placing your order.  We are more than willing to provide further product description, clear up any confusion, or provide advice about the products we sell.

If your order is received and contains incorrect items or is missing items, then you must notify us within 24 hours of receipt of the package.  We will certainly fix any mistakes that we have made, but we must be notified in a timely manner. 

Limitation of Liability

Freedom Smokes Inc. 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 it has been advised of the possibility of such damages. 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.

Freedom Smokes Inc. shall not be liable for any damage, injury, death, or otherwise negative impact that is the result of the use, misuse, modification, or abuse of the products sold.

Typographical Errors

In the event that a product is mistakenly listed at an incorrect price, Freedom Smokes Inc.  reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Freedom Smokes Inc. 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, shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

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, may be terminated by 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.

Notice

Freedom Smokes Inc. may deliver notice 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 Freedom Smokes Inc .

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of North Carolina, 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 products) shall be in the state or federal courts located in Mecklenburg County North Carolina. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises. '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. Freedom Smokes Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a or other licensed employee, host, or representative, as well as 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.

Participation Disclaimer

Freedom Smokes Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, 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, Freedom Smokes Inc. 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 in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless ,Freedom Smokes Inc, its 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.

Third-Party Links

In an attempt to provide increased value to our visitors, may link to sites operated by third parties. However, even if the third party is affiliated with, has no control over these linked sites, all of which have separate privacy and data collection practices, independent of . These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Freedom Smokes Inc. 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).

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