In these Terms and Conditions, the following words shall have the following meaning:
“Confirmation Email” means the email sent to you to confirm acceptance of your Order as defined in Clause 4.1.4;
“Contract” means the contract between you and us formed as set out in Clauses 4 (Purchase of Goods/Services on Website), Clause 5 (Purchase of Goods) (as applicable);
“Goods” means goods including but not limited to cigarettes, cigars, cigarettes sample packs, smokes, and associated items and general merchandise made available for sale by Us;
“Order” means a request by you to make a Purchase by submitting the order via the Website;
“Personal Information” means information about you or a third party provided by You when submitting an Order or when using the Website;
“Price” has the meaning in Clause 7;
“Purchase” means the acceptance of an Order for the purchase of Services and/or Goods by Us, via the Website;
“Special Offer” means an offer or promotion advertised by Us;
“We”, “Us” or “Our” means NativeSmokes.com;
“Website” means the websites located at www.nativesmokes.com, or any subsequent URL which may replace them.
3. 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. 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 these Terms and Conditions is English.
4. MAKING A PURCHASE OF GOODS OR SERVICES ON OUR WEBSITE
To make a Purchase on our Website, you need to take the following steps;
Click on the Goods you wish to Purchase;
input the quantity of the Goods selected that you wish to Purchase, then click “Add to Cart”;
once you have finished shopping, click “checkout”, review your Order, make changes to your Order (if necessary), complete the delivery and payment details, indicate your agreement to these Terms and Conditions, then click on “Place Order”;
You will then be required to send an Interac e-Transfer using your Personal Bank. Once we have confirmed your payment successfully we will then send you an initial acknowledgement by email to confirm that your Order is being processed and once We have checked whether We are able to meet your Order and whether payment has been successful or alternatively, We will confirm by email that We are unable to meet your Order. Where We are unable to accept your Order due to the requested Goods being out of stock or unavailable, We will aim to advise you when We expect the requested Goods or Services to be in stock/available and you will be given the opportunity to proceed with the Order. If you want to proceed with the Order notwithstanding that there will be a delay in delivery of the Goods or Services due to them being out of stock or unavailable, We will send a Confirmatory Email at which point your Order will become a Purchase and shall conclude the Contract between you and Us;
Once We are able to meet your Order and payment has been successful, we will deliver the Goods/Services in accordance with Clause 11.
5. AGE OF CONSENT
Where Goods may only be purchased by persons of a certain age you will be asked when placing an Order to declare that you are of the appropriate legal age to purchase the Goods or Services. By submitting an Order, you are confirming to Us that you are of an appropriate legal age to purchase the Goods requested. The Legal age for the purchase of tobacco products in Canada is 18 years of age depending on your area of residence. Goods will under no circumstances be sold/shipped to persons under 18 years of age.
If We discover or are of the opinion (as to which We shall have sole discretion) that you are not legally entitled to order certain Goods, We shall be entitled to cancel the Order immediately, without notice.
7. PRICE AND PAYMENT
The price of the Goods and Services shall be that stipulated on the Website or as otherwise advised by Us to you via an advertisement. The price is inclusive of VAT(TAX) and, with regard to Subscriptions, delivery charges also (“Price”). The Website contains a large number of Goods and Services and it is always 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 stated when you pay for the Goods and/or Services. We shall also confirm the Price to you when you are submitting your Order using the telephone.
When making a Purchase of Goods or Services you may have to pay a delivery charge in addition to the Price. We will inform you of this during the ordering process and before the Contract between you and Us is concluded.
When making a Purchase via our Website, payment must be made in Canadian Dollars (CAD) by using Interac eTransfer. All eTransfer transactions are processed through your personal financial institution.
9. OUR RIGHTS
We reserve the right to withdraw any Goods or Services from the Website at any time.
We reserve the right to modify Product Pricing on our Website and cancel existing orders containing products affected by price changes.
We shall not be liable to anyone for withdrawing any Goods or Services from the Website or for refusing to accept an Order.
We have a right to revise and amend these Terms and Conditions (including Price) without notice however any changes will not affect Contracts which have already been concluded in accordance with Clauses 4, 5, 6 or 7.
We cannot describe every detail of the Goods or Services on the Website and each description is therefore abbreviated and is 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 Goods or Services made by us is given in good faith, but it is for You to satisfy yourself as to the suitability of the Goods 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 the Goods and Services.
We generally process orders within 2-3 business days. However this can take up to 7 business days depending on order volume and holidays.
Shipping to Canada
Orders are shipped via Canada Post or Canada Post Xpress from our facility in Ontario.
Typically takes 4 – 7 business days
Expedited (Canada Post Express) Shipping
Flat rate $25 across Canada
Typically takes 2 – 4 business days.
Please note that there may be delays in shipping due to increased demand from Canada Post. This is out of our control and apologize for any delays you may experience.
We are unable to provide shipping outside the continental United States at this time.his time.
Tracking & Delivery
When your order has been processed by our team and handed off to our shipping partner, a tracking number will be emailed to you once the order has been processed. You can use this tracking number to track the delivery of your order.
Please note that it can take up to 7 days to process your order. After this time if you have not received a tracking number or arranged another method of delivery, please contact us to get a status of your order.
12. TITLE AND RISK
The Goods will be at your risk from the time of delivery. Ownership of the Goods will only pass to you upon the later of: (a) delivery of the Goods; and (b) receipt by Us of full payment of all sums due in respect of the Goods (including delivery charges).
We will be entitled to recover payment for the Goods where the Goods have been delivered to you even where ownership has not passed to you.
13. CANCELLATION AND RETURNS
Returns & Refunds
If you are not satisfied with your purchase due to defect or damage, please contact us within 15 days of the receipt of your order to report the situation and receive instructions for the return of the product.
If it is determined (at our sole discretion) that the issue is due to circumstances under our control, we will provide you with instructions for the return of the product.
Once we have received and inspected the product, and confirmed the problem, we will issue a store credit or refund for the returned product to us plus the cost of return shipping.
Store Credit / Refunds will be based on undamaged product returned in original packaging.
Store Credit / Refunds will not be issued for any product that has been used, or damaged due to the purchasers actions after the product was delivered. Original shipping costs are non-refundable.
Please note that refunds can take up to 3 business days to appear in your bank account. Store credit can be issued immediately after a return is confirmed.
Orders placed through our website may be cancelled/changed by you as long as the package has not left our building. In some cases the package will physically leave the building in as little as one hour, and in other cases it may take more than 24 hours.
Contact us to cancel your order within our regular business hours.
14. LIMITATION OF LIABILITY
We shall not be liable to you for any indirect or consequential losses whatsoever or howsoever arising.
Subject to Clause 17, our entire and aggregate liability to you shall in no circumstances exceed the Price of the Purchase giving rise to the claim.
Nothing in these Terms and Conditions shall exclude or limit your or Our liability for death or personal injury caused by negligence or breach of statutory duty.
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.
16. ENTIRE AGREEMENT
These Terms and Conditions, postal order forms, recorded telephone conversations at the time of submitting the Order 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.
17. 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, strikes, lock outs, accidents, war, fire, terrorism, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, 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. We shall endeavour to notify you as soon as possible should any such events or circumstances occur.
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.
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.
20. 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 Goods We sell to you).
21. CUSTOMER SERVICE
In the event of a query or complaint about the Website or Us, please email email@example.com or contact Us at the addresses noted below.
NativeSmokes.com does not ship any Tobacco products to the United States.