SMOKEBLOQ TERMS OF SALE
Last Updated: 24th of August 2017
Please review these terms carefully, as these Smokebloq Terms of Sale (the “Terms”) govern your purchases on the Smokebloq website and mobile applications and constitute a binding legal agreement between you, NGT Enterprises, LLC d/b/a Smokebloq (herein referred to as “Smokebloq”, “we”, “our” or “us”), the owner of the Smokebloq.com website and mobile applications (collectively, the “Online Store”). The Online Store may include third-party online sites authorized to sell our products. By ordering our products and accessories (each, a “Product”) through the Online Store you signify your acceptance of these Terms, as they may be amended from time to time, in Smokebloq’s sole discretion. These Terms set out your rights and obligations with respect to your purchases, including important limitations and exclusions. All changes to these Terms are effective when posted on the Online Store. THESE TERMS CONTAIN AN ARBITRATION REQUIREMENT FOR UNRESOLVED DISPUTES, CLASS ACTION WAIVER AND LIMITATIONS ON LIABILITY.
Sales and Shipping
Smokebloq accepts orders for Products through the Online Store. You may place your order on our Online Store at any time (subject to any planned or unplanned periodic downtime). You must pay for the Products online at the time you place the order. All Products are shipped as described within the Online Store. Shipping dates are approximate. It is your responsibility to provide accurate contact information that allows the shipper to deliver the Products to the address you specify. We shall make every reasonable effort to meet your specified delivery date, but in no case, shall we be liable to you if we are unable to meet such date. If you have any questions regarding the ordering process, please contact Smokebloq by contacting us through our Online Store at https://smokebloq.com/pages/contact.
Pricing, Taxes, Pricing Errors
Prices offered on the Online Store are quoted in U.S. Dollars. Such prices do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process. If the amount you pay for an item is incorrect, regardless of whether it is an error in a price posted on this Online Store or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred.
Smokebloq allows you to make your purchases using any of the payment methods described below. Please read carefully our policies with respect to payment methods before you place your order. You may pay by credit, debit, or check card. When you provide Smokebloq with your card information, Smokebloq will attempt to bill your credit, debit or check card provided by you. If the attempt fails for any reason (e.g., declined card, amount exceeds limits), you will not be able to complete the checkout process unless and until you submit a valid and verifiable method of payment. Once your order has been accepted by the Online Store and payment processed, Smokebloq will send you confirmation to the email address you provided indicating that your order has been accepted (“Order Confirmation”). Your receipt will be the Order Confirmation, which you must retain in order to return any Products subject to these Terms.
Smokebloq accepts American Express, MasterCard, and Visa with a billing address within the United States. Debit cards and check cards have daily spending limits that may delay the processing of your order. The Online Store requires the credit, debit, or check card security code of your card for any online purchase to protect against the unauthorized use of your card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa or MasterCard). You represent and warrant that you have the right and are authorized to use the credit, debit or check card you present to purchase Products and that the billing and related information you provide is accurate and truthful. If for any reason you have not authorized charges to be made to your credit, debit or check card, or your credit, debit or check card issuer does not pay Smokebloq for charges, Smokebloq reserves the right to immediately suspend shipment of Products, and take other actions as allowed by these Terms and applicable law. You shall bear and be responsible for all costs associated with disputed credit card charges which result in action from Smokebloq’s merchant account provider, also commonly referred to as ‘chargebacks’.
We attempt to describe and display the items offered on the Online Store as accurately as possible; however, we do not warrant that the descriptions or other content on the Online Store are accurate, complete, reliable, current or error-free. Within thirty (30) days after your purchase, all new, undamaged and unused Products purchased through the Online Store may be returned for a refund (“Return Period”). After the Return Period has expired for any Product, the sale of such Product becomes final and no returns are allowed. If you return Product to Smokebloq (a) without an RMA request or (b) without all parts included in the original package or (c) without the Smokebloq RMA shipping label or (d) with multiple products in one return package; Smokebloq retains the right to either refuse delivery of such return or refuse replacement or refund. Refunds will be processed and paid within two (2) weeks of Smokebloq receipt and verification of return product.
If you dispute any charge for purchases of Products on the Online Store, you must notify Smokebloq in writing within thirty (30) days of any such charge. Failure to so notify Smokebloq shall result in the waiver by you of any claim relating to such disputed charge. Charges shall be calculated solely based on records maintained by Smokebloq.
What is Covered?
Smokebloq warrants to consumers who purchase this product for personal, family or household purposes new from Smokebloq directly or from an authorized Smokebloq dealer or distributer, that the product will be free from defects in materials and workmanship for a period of (1) year from the date of purchase. This warranty only applies if the product is used at a residence in the 50 United States or District of Columbia, and only applies to the original bona fide purchaser. It is not transferable. This warranty is not extended to resellers.
If a defect exists, Smokebloq will have you ship the defective part or product to us and we will, at our option, either repair or replace it. This warranty does not cover the cost of labor to remove a defective part or product or to reinstall any repaired or replacement part or product.
This warranty does not cover defects or damages caused by improper handling, maintenance, storage, installation, removal or re-installation, misuse, non-factory authorized modification or alteration, use of incompatible accessories, electrical power problems or surges, impact by foreign objects, accident, fire, acts of God, normal wear and tear or shipping damage other than a shipment from Smokebloq.
Keep your original sales receipt as it will be required to obtain warranty service.
This warranty shall not be extended or restarted upon receipt of any repaired or replacement part or product under this warranty. No person is authorized to extend or otherwise modify this warranty.
How do I Obtain Warranty Service?
To obtain warranty service, email our Customer Service Department at firstname.lastname@example.org. Include your name, address, telephone number, the model number of your product, a copy of your original sales receipt, and a description of the problem. Unless we need to discuss the situation further with you, you will be emailed a Return Authorization Number and shipping instructions. If we need to discuss the situation further with you, we will call or email you. Anything shipped to us without a Return Authorization Number will be automatically returned unopened. You are responsible for the charges for shipment to us, unless you are a California resident.
THE DURATION OF ANY IMPLIED WARRANTY, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL NOT EXCEED THE WARRANTY PERIOD PROVIDED HEREIN.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Smokebloq SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE BREACH OF ANY WRITTEN OR IMPLIED WARRANTY.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This warranty gives you specific legal rights, and you may also have other legal rights which vary from State to State.
Use of Products; Hazards of Cooking
Smokebloq shall not be liable for any claims, damages or injuries caused by your negligence, the misuse of any of our Products by you or any third party to which you provide access to our Products, or any other damages or injuries arising out of your use of any of our Products. You acknowledge that using fire, grills, smokers, heat, and other devices used to cook food whether by using propane, wood, lit charcoal or other firing devices can be extremely dangerous and should only be performed by experienced adults. While the Products are designed to maintain a constant temperature of your grill and/or monitor the temperature of your food, you should always have a responsible adult nearby to monitor and supervise the cooking process for flare-ups, spills, and other unexpected results. Cooking with fire, heat, charcoal, and propane is unpredictable and dangerous; proper fire extinguishing equipment should be kept nearby. Only cooking and grilling devices designed for the fuel you use (e.g., charcoal for an outdoor charcoal grill, LP or propane for a gas grill, or properly installed electric oven for indoor cooking) and that are in good working order should be used with our Products.
EXCEPT AS SET FORTH ABOVE IN the LIMITED WARRANTY SECTION, Smokebloq EXPRESSLY disclaims all warranties and conditions with respect to the Products, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, quiet enjoyment AND accuracy.
Limitation of Liability
In addition to the above warranty disclaimers, in no event will (A) Smokebloq BE LIABLE FOR ANY CONSEQUENTIAL, exemplary, SPECIAL, OR incidental damages, including any damages for LOST PROFITS, ARISING from or relating to the Products, even if Smokebloq knew or should have known of the possibility of such damages, and (B) Smokebloq’s total cumulative liability arising from or related to the Products, whether in contract or tort or otherwise, exceed the purchase price paid by you to Smokebloq for the Product. This LIMITATION is cumulative and will not be increased by the existence of more than one incident or claim. Smokebloq disclaims all liability of any kind of Smokebloq’s suppliers.
Except to the extent a claim arises out of Smokebloq’s fraud or willful misconduct, you agree to defend, indemnify and hold harmless Smokebloq, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees (cumulatively “Smokebloq Indemnitees”) from and against all third party claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees that may, at any time, arise from or relate to any Products purchased through our Online Store, including, without limitation, for any causes of action arising from your misuse of the Products.
Except for monetary obligations hereunder, neither party shall be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
You may not use or otherwise export or re-export the Products purchased via the Online Store except as authorized by the laws of the jurisdiction in which the Products were obtained. In particular, but without limitation, the Products may not be exported or re-exported in violation of export laws, including if applicable export or re-export into any US-embargoed countries or to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List. By using the Online Store, you represent that you are not located in any country or on any list where the provision of Product/Service to you would violate applicable law. You also agree that you will not use Products for any purposes prohibited by applicable law.
You hereby recognize Smokebloq’s intellectual property rights in its name, the Online Store, all Products sold through the Online Store and all other intellectual property owned by Smokebloq, and nothing herein shall be deemed to assign ownership of any such intellectual property to you. Our intellectual property may include, but is not limited to copyrights (including drawings, prints, copy), trademarks and service marks (registered or unregistered) and applications thereof, “trade dress”, proprietary and confidential information. You affirm that you are obtaining the Products sold through the Online Store for use as they are intended and marketed only.
(a) If any provision of these Terms are held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
(b) These terms and conditions shall be governed and construed in accordance with the laws of the state of Georgia excluding its choice of law provisions. The United Nations Convention for the International Sale of Goods shall not apply.
(d) Each party shall perform its obligations under these Terms in compliance with all applicable international, federal, state and local laws, regulations and ordinances.
(e) Any rights or obligations hereunder may not be transferred or assigned by you without the prior written consent of Smokebloq. Smokebloq may freely assign and delegate any of its rights or obligations hereunder.
(f) No waiver of by Smokebloq of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Smokebloq to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Smokebloq and you agree to attempt to resolve any disputes amicably. If, after thirty (30) days we are unable to do so, then you and Smokebloq each agree that any claim or controversy of any sort relating to our agreement, the Products or these Terms shall be determined by arbitration in Atlanta, Georgia USA, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator shall have no power to add to, delete from or modify these Terms. Each of us shall have the right to conduct discovery to which we would be entitled had the dispute been resolved in a state court of general jurisdiction in Georgia. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude either party from seeking provisional remedies in Georgia in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, as part of the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. The arbitrator shall only have the authority to resolve individual disputes between you and Smokebloq. Notwithstanding the foregoing, in addition to our rights set forth above, we may initiate proceedings directly in the appropriate court located in Atlanta, Georgia USA in connection with any claim to collect amounts due and owing by you.
No Joint or Class Actions
Neither you nor Smokebloq shall be entitled to join or consolidate claims in arbitration by or against other customers of Smokebloq with respect to other accounts, bring mass, class action, or consolidated claims in arbitration or a court of competent jurisdiction, or arbitrate or litigate any claim as a representative or individual of a class or in a private attorney general capacity. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Arbitration proceedings are confidential, unless all parties agree otherwise in writing. Arbitration orders and awards required to be filed with applicable courts of competent jurisdiction are not confidential and may be disclosed by the parties to such courts. A party who improperly discloses confidential information shall be subject to sanctions. The arbitrator and forum may disclose case filings, case dispositions, and other case information as required by a court order of proper jurisdiction.
How to Contact Us
If you have any questions about any Product or these Terms or would like to learn more about Smokebloq, please contact us by any of the following means: mailing us at 3522 Ashford Dunwoody Rd. #415 Atlanta, Ga 30319 or by writing to us through our website at https://smokebloq.com/pages/contact.