Terms

Terms of Service

Last Modified: 4/24/2014

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, images or software are copyrighted as a collective work under the United States and other copyright laws, and is the property of Ciggy Shack of Texas LLC. The collective work includes works that are licensed to Ciggy Shack of Texas LLC. Copyright 2010-1014, Ciggy Shack of Texas LLC 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 Ciggy Shack of Texas LLC purchasing Ciggy Shack of Texas 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 Ciggy Shack of Texas LLC or to purchase Ciggy Shack of Texas LLC’s 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 Ciggy Shack of Texas LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Ciggy Shack of Texas, LLC, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Ciggy Shack of Texas LLC, 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 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.

Limitation of Liability

Ciggy Shack of Texas LLC, 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 Ciggy Shack of Texas LLC, 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.

Typographical Errors

In the event that a Ciggy Shack of Texas LLC’s, product is mistakenly listed at an incorrect price, Ciggy Shack of Texas LLC, reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Ciggy Shack of Texas 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, Ciggy Shack of Texas LLC, 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. Ciggy Shack of Texas LLC, may terminate these terms and conditions, or any part of them, 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

Ciggy Shack of Texas LLC, 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 Ciggy Shack of Texas LLC.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, 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 Ciggy Shack of Texas LLC, products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Ciggy Shack of Texas LLC's, products) must be commenced within one (1) year after the claim or cause of action arises. Ciggy Shack of Texas LLC’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. Ciggy Shack of Texas LLC, 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 Ciggy Shack of Texas LLC, 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

Ciggy Shack of Texas 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, Ciggy Shack of Texas 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, Ciggy Shack of Texas 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 Ciggy Shack of Texas LLC, in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Ciggy Shack of Texas LLC, 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, Ciggy Shack of Texas LLC, may link to sites operated by third parties. However, even if the third party is affiliated with Ciggy Shack of Texas LLC, Ciggy Shack of Texas LLC, has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Ciggy Shack of Texas LLC. These linked sites are only for your convenience and therefore, you access them at your own risk. Nonetheless, Ciggy Shack of Texas LLC, 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).

Legal

Our electronic cigarette products are not marketed or intended to be smoking cessation devices nor do we claim that they are a healthy or even healthier alternative. Our products are not intended to diagnose, treat, cure, or prevent any disease or addiction. Information and statements made are for educational purposes and not intended to replace the advice of your healthcare professional. By purchasing our products, you agree to use products at your own risk. Under no circumstances will Ciggy Shack of Texas LLC be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused, in connection with use of, or reliance on any product on this site.

Shipping

Shipping Policy

Shipping Information

We process, ship, and deliver packages Monday through Friday (i.e., excluding Saturday, Sunday, or holidays). At this time we only ship to customers in the US. Orders placed by 2PM CST are processed the same business day. Orders placed after 2PM CST, are processed the next business day. Your order may be delayed if your shipping address differs from your billing address in order to ensure the security of your credit information.

When an order is placed, authorization is made to verify available funds, but the charge does not occur until the order is processed and shipped. All orders depend on credit card fund authorization and product availability. If the credit card declines or the product is on backorder, shipping time is directly affected.

Shipping Methods Available

Free Shipping
Free shipping is available during the checkout process for any order subtotal reaching $50.00. The lowest-cost shipping method available to your order will be automatically chosen by our system. Most often the default method will be either USPS First Class or USPS Priority Mail with delivery confirmation, however expedited shipping methods may still be available at full cost.
Store Pickup
Available Mondays through Saturdays (we're closed Sundays) from 11a until 7p to our Texas customers.
Upon selection of Store Pickup during the checkout process, the Cash on Delivery payment method may become available to qualified customers who prefer to pay in-store. Orders marked for Cash on Delivery may require additional e-mail or phone correspondence before the order will be processed.
We are unfortunately unable to guarantee a definitive processing turnaround, but most orders marked for store pickup will be processed and ready for pickup within one hour. Customers will be notified by e-mail when the order is ready for pickup in-store unless another method of contact is specified in the comments section of the order. Your products will only be ready once confirmation has been sent.
USPS - Priority Mail™
Starting at $5.05 it's our most affordable shipping method
1, 2 or 3 day delivery to most U.S. locations
Includes $50 insurance coverage
Tracking included at no additional cost
Full details at usps.com
USPS - Priority Mail Express™
Starting at $13.09 for those needing a guarenteed speedy delivery
Overnight delivery to most U.S. locations
Includes $100 insurance coverage
Tracking included at no additional cost
Full details at usps.com
UPS Ground
UPS Ground is available to customers during checkout. If chosen, packages will take from 1-5 days to reach their destination.

Returns

Return Policy

Returns & Restrictions

Please carefully inspect and verify the contents of your package(s) immediately upon receipt. All merchandise which remain unopened and in original condition are eligible to be returned for a refund or exchange within 30 days of purchase unless otherwise specified on this page or directly in the item's product description.

Opened or Used Merchandise
Opened merchandise which was received erroneously packaged/labeled, dead on arrival, or became otherwise unusable due to manufacturer defect may be eligible for a return or exchange within 30 days of purchase unless otherwise specified on this page or directly in the product description.
Used items considered functional according to the manufacturer's specifications may not be returned for any reason.
E-Liquids
Due to the subjectivity of personal flavor preference all E-Liquid sales are final. We are unable to accept returns of any E-Liquids, but if there were any fulfillment errors concerning E-Liquids in your order please contact us and we will gladly resolve the issue.

Returning Merchandise

If your item(s) and time frame are eligible and you would like an exchange, replacement, or refund, please follow these instructions:

Step 1: Contact Us
Please email admin@ciggyshackatx.com or call us at (512) 891-1521 (Mon-Sat from 11a-7p) with detailed information and context concerning your request.
For a streamlined process be ready to provide the following information with as much detail as possible:
Order Number
Date of Receipt
Item(s) to be returned.
Condition of items upon receipt
Current Condition of item(s)
Reason(s) you were dissatisfied with the product(s): e.g., item(s) dead/damaged on arrival, incorrect item shipped, etc.
Preferred method and availability for correspondence (via phone, e-mail, etc.)
Please specify whether you are seeking replacement equipment or a refund.
Step 2: Return Process
After review and approval of your case we will begin the return process by contacting you via your preferred method with the specific instructions necessary for the return and approval of your item(s).
Step 3: Prepare & Re-package item(s)
Please follow any instructions included within our approval e-mail and begin to re-package your item(s) including, ALL original parts, packaging materials, instructions/manuals, etc., as well as the original receipt and packaging slip (please make copies for your records).
Note: Items must not have been used or damaged prior to re-packaging. Poorly packaged, used, or damaged products will not be accepted.
Step 4: Ship Items to Ciggy Shack
Follow any instructions provided and return the item(s) to Ciggy Shack at your expense. We will reimburse return shipping costs incurred once all items have been reviewed and the return process has completed.

Refunds

If you are to receive a refund, it will be issued by Ciggy Shack of Texas LLC. When the returned item has been received in satisfactory condition, refunds will be processed within 10 business days of receipt. The refund amount will be applied in a manner consistent with the original purchase.

Several factors may affect the calculation of your refund including, but not limited to the following:

Restocking Fee
A re-stocking fee 20% may be deducted from an item(s) refund if the original packaging is not included with the item that is being returned.
Shipping Costs
Cost of shipping may be deducted from a refund if the item(s) to be returned drop the original order total below the qualification criteria for free shipping ($75).

Exchanges

Replacement items will not be issued until all items are returned and evaluated. If you are approved for an exchange a new order will be placed following the parameters of the original order unless otherwise requested. You will then receive an e-mail confirmation with information regarding your new order (registered users may then view the status of their order in Account Settings > Order History.)

Privacy

Privacy Policy

Last Modified: 4/24/2014

Your Privacy Is Important To Us

This privacy policy covers how Ciggy Shack of Texas, LLC ("we" / "us") collects and shares information submitted through our website www.ciggyshackatx.com and the options available to users regarding the usage and sharing of their personal information.

What information do we collect?

Visiting our site is done so anonymously. We only collect personal information which has been voluntarily submitted during the account registration, checkout, and optional newsletter/notification subscription processes.

During the checkout process or account registration you may be asked to provide your: name, e-mail address, mailing and/or payment address, phone number, credit card information or date of birth.

Registered users have near-complete control over the collection and storage of their information and may edit their information and e-mail subscriptions while logged in through account settings.

The only personal information collected without your request are your IP (Internet Protocol) address, platform information and the identity of the referral website upon entry to www.ciggyshackatx.com or any of it's sub-directories by Google Analytics and cannot be directly connected to a user (see Google Analytics Privacy Policy for information regarding Google's use of your IP).

What do we use your information for?

We primarily use your information to process transactions but may also use it to:

Improve Service & Website Features
Your data helps determine the relevance and performance of our products and sections of our website--we may use your information and anonymous usage statistics to improve upon or add features to our website and streamline our services.
Contact You
We will only use your information to contact you directly out of legal or business necessity, or by your request. For example, you may request notification when an order reaches a particular status, or we may have to reach you if there is an issue with an order.
Third Party Usage
We will only share your personal information with third parties out of legal or business necessity, or by your request. For example, a shipping provider needs your information to deliver your goods, and our banking institutions need your information to process payments. We may be required to use your IP address to identify you if required by law or breach of our Terms of Service.

How do we protect your information?

All user-submitted data is protected during data transport using our private SSL (Secure Sockets Layer) provided by Comodo which utilizes 128-bit encryption (the highest level commercially available). This appropriately protects against data collection/snooping from unwanted third parties when information is submitted to our site.

Credit card information submitted is sent through our payment gateway over SSL to our processor's private and secure servers according to PCI stands compliance. No credit card information is ever stored by Ciggy Shack.

We've gone through great lengths to secure our shopping platform from hack-attempts, whether it's information you've submitted of yourself, or when shipping to a friend or relative, all personal information is safely secured in our databases.

California Online Privacy Protection Act Compliance

We will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into account settings.

Childrens Online Privacy Protection Act Compliance

Our website, products and services are intended for adults only. We do not knowingly collect information online from children under 13.

Cookies

We employ the use of cookies on our website which enable functions of our website (such as the shopping cart) to perform. You continue to browse our website with cookies disabled but some or all of the features of our website may not function appropriately.

We understand that special circumstances or issues may arise which may not be covered by the information provided on this or any other page on our site.
We would be happy to discuss or help clarify any of your concerns using any method of contact you would prefer.

Age Verification

The e-cigarette products sold on this website are intended ONLY for adults 18 years of age or older. By clicking "I AM 18 OR OLDER" you are certifying that you are 18 years of age or older.