Terms & Conditions

Legal Terms & Conditions of Use

Last updated: May 15, 2017

YOU MUST BE AT LEAST 21 YEARS OR OLDER TO PURCHASE FROM SMOKEKLUB.COM
PRODUCTS ARE INTENDED FOR TOBACCO OR LEGAL USE ONLY

General Conditions

These Terms and Conditions ("Terms", "Terms and Conditions") are applicable to any use of the website http://www.smokeklub.com website (the "Service") operated by Smoke Klub ("us", "we", or "our") also known as SK Distribution LLC.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

All products on this website are intended for legal use and may not be used, or discussed in a manner that is illegal. As the consumer it is your responsibility to know your local and state laws before making your purchase.

Any governmental employee, agency, or agent must identify themselves to the operators of SK Distribution LLC. upon using the site and ordering any products from our site.

Smoke Klub in its sole discretion, reserves the right to: (1) change this Legal Statement; (2) monitor and remove postings; and (3) discontinue site availability at any time without notice. If any term, condition, or provision of this Legal Statement is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of their remaining terms, conditions, and provisions will not in any way be affected or impaired. This Legal Statement constitutes the entire agreement between you and SK Distribution LLC relating to the subject matter in this Legal Statement.

Products & Services

Smoke Klub reserves the right to request a scan of any customers photo ID for age verification before shipping an order.

All of our products are traditionally and solely intended for tobacco use or concentrated essential oils, by legal adults. You must be 21 years old to purchase anything from this website.

It is your sole responsibility to know your state and local laws regarding the possession and use of tobacco pipes and accessories.

You agree that any tobacco products, accessories, or supplies purchased by you will be used for lawful purposes, including tobacco or legal blend (as defined in your Municipality) use only and that it is legal in your country and/or state to purchase tobacco-related products.

Smoke Klub does not offer shipping to third parties as gifts or otherwise. We are only able to ship our product(s) to those who have purchased it and agreed to our terms and conditions. Therefore we will only ship to the credit card holders name.

Smoke Klub cannot guarantee the products ordered by you will not be confiscated by customs. If in the unlikely event your package is confiscated, we will not refund any payments to you. You are solely responsible for knowing the import restrictions on any of the products that you order and that may apply in your country of delivery.

Smoke Klub does accept returns on unused products and a return claim must be filed for an RMA. We are not able to accept returns, exchanges, or refunds for products that have been used.

When making a return, please package it the same way it arrived to ensure that it does not break on the way back to us. Once the item has been inspected and approved for re-stocking your request for the return will be processed. If we receive the product damaged we cannot issue a refund, exchange, or store credit.

If you are returning an item order with free shipping due to preference and not an error on behalf of Smoke Klub, you will receive a refund equal to the full purchase amount minus the cost of shipping if Smoke Klub provides. Shipping and handling fees are non-refundable, and buyer is responsible for any return shipping fees incurred.

US Code 21-863 refers to ALL materials used to manufacture tobacco accessories; Wood, Meerschaum, Ceramic, Metal and yes, Glass. In specific, pipes with carburetion devices (third holes) are considered to be paraphernalia regardless of the material used to manufacture the pipe. Traditional tobacco accessories like pipes, cigar and cigarette holders and hookah/sisha pipes are not included in the list of Contemporary accessories. U.S. vs. Posters & Things (Supreme Court - 1996) upholds this code as the OBJECTIVE standard by which paraphernalia is judged. Further, it describes other relevant factors in this determination to include whether the owner is a licensed distributor or retailer of tobacco products! Ten states have adopted USC 21-863 as state law, three more are in the process of adoption. All other states have either less rigorous SUBJECTIVE (intent) statutes or no law on this subject at all! All Glass pipes conform to RTDA guidelines for bowl depth and width.

Ordering

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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

User comments, feedback & other submissions

At our discretion, if you send any submissions regarding creative ideas, suggestions, proposals, plans or any other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate or otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

SK Distribution LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is 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, SK Distribution LLC 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, SK Distribution LLC 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 SK Distribution LLC in its sole discretion.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Your submission of personal information through the website is governed by our Privacy Policy. See our Privacy Policy for more information.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Smoke Klub.

Smoke Klub has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Smoke Klub shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Michigan, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Limitation of Liability

Smoke Klub will not be liable for damages of any kind, including, without limitation, special or consequential damages, arising out of your access to, or inability to access, this site or your use of, or reliance upon, this site or the contents of this site.

In addition, Smoke Klub has no duty to update this site or the contents of this site and Smoke Klub will not be liable for your use of other web sites which you may access via certain links within this site. These links and other"resources" referenced on this site are provided merely as a public service to users of the World Wide Web and inclusion in Smoke Klub site does no constitute an endorsement by or affiliation with Smoke Klub.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Indemnification

You agree to indemnify, defend and hold harmless Smoke Klub and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.