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Terms & Conditions

In visiting this website, you agree to accept the following terms and conditions.    

Please read each section carefully.   

 

HEALTH WARNING

 

WARNING: Electronic Cigarette's contains nicotine, a poisonous and addictive substance. Electronic Cigarette products and accessories are only intended for committed smokers of legal smoking age and not by non-smokers, children, women who are pregnant or may become pregnant. If you experience any side effects or possible side effects, stop using the product immediately and consult a physician. Product may be poisonous if orally ingested. Electronic Cigarette’s are not a smoking cessation product and has not been tested or guaranteed as such.  There has been no extensive testing done by independent for FDA affiliated groups on electronic cigarette products, including ProSmoke.  As such, you understand there are health risks involved in using any nicotine products, including the ProSmoke and assume all health risks and liability for using our product.

 

 

By purchasing our products you identify yourself to be at least 18 years old or legal smoking age in your country.

 

The price of the goods ordered will be the price shown in the currency you select at the time of the order. The cost of arranging delivery and purchase price will be clearly displayed on the checkout page before the customer commits to the order and will be the full and final amount due for the order.  At ProSmoke, we strive for full customer satisfaction! We will work to make things right for you, including offering other products or services free of charge to help you get a better response. W3 Markets reserves the right to conduct business with only those parties that they deem fit and to refuse service to anyone for rude and obnoxious behavior, misrepresentations of any kind, violations of general Internet policies such as spam and/or continual customer complaints for products and/or services offered.  ProSmoke aims to provide an exceptional products and service to all clients. If you are not satisfied for any reason, please contact us directly and immediately so that a remedy may be established.  ProSmoke's Terms of Service, FAQs and Pricing can change at any time without prior notice.

 

W3 Markets reserves the right to update pricing without notification as well as substitute similar product in orders that are of equal or greater value to the original product.  In no event shall W3 Markets or any of its subsidiaries be liable for any consequential, direct, indirect, incidental, punitive, or other damages whatsoever due to the misuse of its Products.  When you place your order it will be assumed that you have read and agreed to the terms and conditions.  At no point does W3 Markets make any health claims that their products should be interpreted as a Health product, safety product, Quit Smoking, stop smoking or smoking cessation aid.  These terms and conditions shall be governed by and interpreted in accordance with the laws of US and Illinois. The courts of Illinois shall have exclusive jurisdiction to resolve any disputes that may arise.

 

 

PRIVACY POLICY

 

ProSmoke uses session cookies to make it easier for you to navigate our site. A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.We use both session ID cookies and persistent cookies. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. For more information on cookies click here. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited. Our site's registration form requires users to give us contact information (such as username and email address). We use customer contact information from the registration form to send the user special offers and updates from us. The customer's contact information is also used to contact the person when necessary. Choice/Opt-out.  As an individual, you have the opportunity to limit the personal information you provide. We provide you with the opportunity to 'opt out' of having your personally identifiable information used for certain purposes when we ask for this information. If you no longer wish to receive our newsletter and promotional communications, you may opt out of receiving them by contacting us using the form on our website.

 

Information Collection & Use Registration

 

In order to use this Web site, you must first complete the registration form and create a user name and password. During registration you are required to give contact information including your name and email address. We use this information to contact you about the services on our site in which you have expressed interest.W3 Markets (Prosmokestore.com) is the sole owner of the information collected. Access to Personally Identifiable Information.  If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, or deactivate it by making the change on our member information page, emailing our Customer Support from our Contact Us page, or contacting us by telephone or postal mail using the information located at the top of this page.

 

Surveys or Contests

 

From time to time, we may provide you the opportunity to participate in contests or surveys on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary, and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address) and demographic information (such as zip code).We use this information to notify contest winners and award prizes, monitor site traffic, personalize the site (in the case of anonymous information collected in surveys), and send participants an email newsletter.  Email ProSmoke members receive periodic email notices that include exclusive special offers and information about sales, promotions, new releases, and other relevant information. If you no longer wish to receive these emails, you may opt out by contacting us here.

 

Non-personal information

 

Like many web sites, we collect and analyze standard log file information and Session ID information to analyze site traffic, improve site performance, and prevent fraud. Session IDs are bits of code on your computer that assist your browser in navigating our site. We do not associate personal information with log file information or cookies, except when needed to prevent fraud.

 

Affiliate and Webmaster sign-up

 

ProSmokeStore.com collects prospective affiliate and webmaster contact information to process applications and conduct business. This information includes: name, checks payable, address, city, state/province, country, minimum payout, password, source of referral, tax ID (EIN or social security number for U.S. residents), and date of birth. 

 

Legal Disclaimer

 

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our web site. The ProSmoke web site(s) contains links to other sites. W3 Markets is not responsible for the privacy practices or the content of such web sites. Our site uses a secure online ordering system that enables clients to purchase products online. W3 Markets collects users financial information, such as account and credit card numbers, for verification purposes only. Financial information that is collected is used to bill the user for products and services, and never for any other reason. Security.  The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, follow this link: Verisign.   We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of online transmission or electronic storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our web site, you can email us at here.

 

Copyright

 

All content included on this site, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States and International copyright laws. No portion of the information on this website may be copied or reproduced in any form, or by any means without prior written permission from W3 Markets LLC. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on this site or any W3 Markets publication for any public, private or commercial purpose.

 

Compliance with Applicable Laws; Export Control Laws

 

Visitor or user access to any W3 Markets Website is governed by all applicable federal, state and local laws. All information available on W3 Markets websites are subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

 

Trademarks

 

ProSmoke, ProSmokeStore.com, ProSmoke Electronic Cigarettes, and any W3 markets website and company graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks.

 

Patents

 

Patents are pending for the ProSmoke device and its components.

 

Your Account

 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. W3 Markets only sells to smoking adults, of legal age, who own and can purchase with a credit card.  If you are under legal age to obtain this device, W3 Markets and its affiliates will refuse service, terminate all of your accounts, remove or edit content, or cancel orders immediately.

 

Risk of Loss

 

All items purchased from W3 Markets websites or from the W3 Markets offices or sales/distribution agents are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

 

Product Descriptions

 

W3 Markets and its affiliates attempt to be as accurate as possible when posting content.

 

 

Nicotine Content & Allergy Warnings

 

All nicotine content is shipped as ordered by the client.  If you are allergic to or have had allergic reactions to nicotine do not use this product.  Since our product is made in a facility that handles nicotine consistently, even the "No Nicotine" cartridges might contain trace elements of the substance and should not be consumed by anyone with allergies to it.  By purchasing products from W3 markets LLC you assume all liability and understand this information.

 

Applicable Law

 

By visiting any W3 Markets LLC website, you agree that the laws of the State of Illinois, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and W3 Markets or its affiliates.

 

Severability

 

If any provision of these Site 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.

 

 

Disputes

 

Any dispute relating in any way to your visit to W3 Markets websites or to products you purchase through W3 Markets shall be submitted to confidential arbitration in Bloomingdale, IL, except that, to the extent you have in any manner violated or threatened to violate W3 Markets intellectual property rights, W3 Markets may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois, 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.  Any rejected or undeliverable shipments cannot be refunded until we receive the items back from the original shipping location.

Shipping Policy  

We currently ship to USA, Mexico, UK and MANY other countries throughout the world; including Military APO's.  Some product, due to shipping and importation laws, could be shipped from distributors within that specific country or with non-nicotine options.  All shipping costs and handling/processing fees are automatically summarized and calculated at the time of checkout using three options: yes we do ship e-cigarettes to Canada.

USPS Express - Most packages arrive next day depending on location.  Please remember there is still processing time for all orders.
USPS Priority/First Class - Most packages reach their destination within 2 to 3 days within the domestic US.  We use these interchangeably based on the weight of your order.
USPS Express International - Most international orders can take 5 to 10 days depending on customs.  Only delivery confirmation is available for international orders.
Free Shipping - All domestic orders over $150 are automatically upgraded to free shipping.  All International orders are not included and will be charged separately.

Depending on the time of your order, almost all shipments are processed for delivery within 24 to 48 hours (Some within hours).  All tracking details are both sent via email and available in the customer section of our site.  If local shipping ordinances or laws prevent us from shipping to your specific Country, you will be fully refunded your purchase when the item is returned to us.  ProSmoke is not responsible for shipping delays, mis-delivered product, or damage that occurs through USPS, UPS or FedEx. 

All products sold by ProSmoke are manufactured to meet the highest industry standards. All prices and specifications are subject to change without notice. Products are shipped FOB origin via USPS. For shipping damage, customers should file claim to their carrier immediately. Any discrepancy, including wrong items or missing items, should be reported to Customer Service within 24 hours.  All items entering a foreign country are subject to customs inspection and assessment of duties, taxes, and fees in accordance with that country’s national laws. Customs duties and taxes are assessed, generally, if the item sent is dutiable and if the value of the item is above the threshold set by the country’s laws. Each country assesses customs, duties, and taxes. We are not responsible for customs, duties, and taxes. The recipient is responsible for any fees incurred with international shipments.



ProSmoke Warranty/Cancellation Policy


If you wish to cancel your order, please contact Customer Service before the ship date.

All products, unless otherwise stated, are covered by the ProSmoke manufacturer's warranties. Within 12 months, we will repair or replace, at our sole discretion, any product that is deemed to have manufacturer defects.  Consumable components, such as cartridges, are typically not covered unless defective.  As such, atomizers are also considered consumable items and covered 30 days from purchase against manufacturer defects.  Please feel free to check our great FAQ for answers on atomizer and cartridge life.


So much hard work and research has gone into developing ProSmoke products and making us the company that we are today. Due to this, our product is not designed as a risk free trial and all returns require prior authorization. If you unit is not functioning properly we will ensure it is fixed with troubleshooting from our Support Department or replaced as necessary. If you opt for a refund, all RMA's are subject to our return policies and must be returned in the original packaging with all accessories, documentation and a copy of original packing slip or RMA authorization sheet. We cannot refund the value of used cartridge packs and will assess additional charges for damaged product, missing packaging or similar based on the discretion of our Returns Department (equal to but no great than the cost of the goods in our online store).

 

To request a Return Merchandise Authorization, you must contact support first, then later fill our an RMA form by clicking here. Only requests through this system will be considered valid RMA's.

 

Once authorized, please use USPS flat rate shipping (which includes boxes and tracking) and include the RMA form with your return package. Please keep the RMA number and reference it when checking the status of the return. We are not responsible for incomplete or unauthorized returns and will not be accepted.  All returns are subject to a twenty percent restocking fee.  Please note, customers are responsible for return shipping costs, but replacement merchandise includes extra cartridges to compensate you for any extra costs.  If replacement merchandise is sent by us before receiving the defective/problematic components, ProSmoke (W3 Markets) will only AUTHORIZE a placement charge for the value of replacements.  This is NOT AN ACTUAL charge and will only become one if we do not receive the defective merchandise within 10 days.

 

 




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