TERMS OF SERVICE
This website is operated by 3charm.com, . Throughout the site, the terms “we”, “us” and “our” refer to 3charm.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on 1and1.com. They provide us with the platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
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.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tool’s “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tool’s are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or 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 and 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.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall 3charm.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless 3charm.com 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.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 6168 Lee St. Arvada, CO US 80004.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. SECTION 20 – CONTACT INFORMATION . Send us an email for questions about the Terms of Service.
PRIVACY STATEMENT —- SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 – CONSENT
How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at firstname.lastname@example.org
SECTION 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 – SERVER AND PAYMENT
Our store is hosted on 1and1.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through 1and1.com data storage, databases and the general 1and1.com application. They store your data on a secure server behind a firewall. Payment: If you choose a direct payment gateway to complete your purchase, then your credit card data is stored. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
SECTION 5 – THIRD-PARTY SERVICES
SECTION 6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 – COOKIES
A list of cookies that we currently use can be obtained by sending us an email at email@example.com
SECTION 8 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Return & Refund Policy
All products we sell are sold, “AS-IS”, with no warranties expressed nor implied and cannot be returned or exchanged unless the item received by the customer is DOA (Dead on Arrival). Customers must notify us within 48 hours of receiving their defective product in order to start a return process. (receiving of product will be based on your tracking number and the time and day that shows your package was delivered to you) DOA items only apply to electrical devices such as an Itaste, eRoll, Evic or Ego’s. Online purchases must go through our RMA process which is listed below. Should a customer return an item without notifying us first, we will refuse the package upon its delivery for the safety of our staff. For sanitary reasons, and the overall safety of our customers, we DO NOT accept returns of: atomizers, clearomizers, cartomizers, bottled liquid, drip tips, batteries, wick, wire, mechanical mods, rebuildable devices and atomizers and parts for rebuildables and/or atomizers. Therefore, our Return Policy EXCLUDES any products of this kind. Unfortunately, we are unable to offer any kind of replacement or compensation for bottled liquids as taste differ for each individual and how the flavor reflects on their palette. Some products will have minor flaws and is expected during manufacturing. Small nicks or polishing scratches are common on many of the products other companies sell as well as the ones we sell. The only time we can accept a return or exchange an item is if it is defective (meaning non functioning) or damaged from shipping (meaning parts damaged or crushed due to handling upon delivery). Customer who try and return cloned items as authentic (items not purchased from us, and not made by the manufacturers we support), will have those items returned to them at their cost, and those customers will no longer be allowed to purchase any items through our website as the issue will be treated as fraud. Items damaged due to user error, are never covered under warranty by us, firstname.lastname@example.org or the manufacturers of the products we sell.
TO START AN RMA OR RETURN PROCESS, PLEASE FOLLOW THESE DIRECTIONS CAREFULLY
1. Email us your name, order number that is associated with the product you wish to return, item you wish to RMA and issues you are experiencing with your product at email@example.com . Please include pictures and be as detailed as possible.
2. We will respond to your inquiry within 24 to 48 hours letting you know if your RMA has been approved or denied or if further clarification is needed.
3. If your request has been approved, please repackage the item(s) including all original parts, packing material, instructions, etc. Within reason, this means that everything must be returned exactly as it was sent to you. Poor repackaging or the return of damaged merchandise could result in refusal of your return and loss of any refund or replacement item. Items MUST NOT have any damage due to user error or abuse and must not have been used.
1. Include a copy of the original Invoice in the package with your RMA #, and indicate whether you would like to be refunded for the item, or a replacement sent out. (Replacements can only be sent out if a replacement is available)
2. We will email you a prepaid return label that you can attach to the package which must be shipped back to us immediately by dropping off the package at your nearest post office or FedEx facility to you. (If your item was shipped to you via FedEx, then you will be required to return your item via FedEx) If you do not return the DOA item back to us within 14 days of first notifying us, your RMA will no longer be valid.
3. We will contact you once we receive your return. Should you have any questions during the RMA process, please email us.
4. Replacement item(s) will be mailed back to you once the DOA item(s) have been returned to us, inspected and found to be DOA. However, they must be for the same item and the same finish, IF AVAILABLE. If an RMA product is found to be in perfect working condition, the original item will be returned back to you at your own expense.
There is a 10% restocking fee for all returned items. This includes packages not signed for during delivery and returned to us by the shipping courier. We contact all customers whose packages are returned to us by the courier if the package was not accepted during delivery. If you, the customer, no longer want the products reshipped to you and would like to cancel that order, we can reimburse for the cost of all items in that order less 10% and cost of shipping. Please be aware, if items are returned incomplete or not in the same condition they were shipped to you, no refund will be given and the package will be returned to you. Customers are always responsible for cost of shipping returned items.
RETURN TIME FRAME
Customers who are asked to return items for RMA issues, return for refund, or replacement, must return items within two weeks (15 days) from the day we approve any RMA, return, or replacement process. Failure to do so, will void your return. Those packages will be sent back to you, or denied for acceptance during delivery.
REFUND POLICY 1.
If you are to receive a refund, it will be issued by 3charm.com when the returned item has been received in satisfactory and unused condition. Refunds will be processed within 10 business days once we receive the item(s) back from the original customer. Refunds will be applied directly to the method that was used to make the purchase. Refunds will ONLY be given at our discretion. Items returned for a refund are subject to a 10% restocking fee. (Items that qualify for a refund must be approved by us before the product is returned. If the product falls under a category that is on our unapproved return list due to sanitary reasons, those products cannot be returned for any reason, regardless if the product is unused). 2. Usually refunds can take up to 5 business days to completely process after the refund has been initiated. If you have any questions regarding our return/refund process, feel free to email us at firstname.lastname@example.org. We check all information on our website very carefully. However, an occasional error may occur, or manufacturers might update information we are unaware of. We reserve the right to correct inaccurate information and are not responsible for typographical errors.
Customer Satisfaction is of the utmost importance at 3charm.com . We would like to inform all of our customers that our shipping department is closed on weekends (Saturdays and Sundays) and holidays. Any inquiries over the weekend regarding shipping will be answered at the beginning of the week.
1. All orders placed through this web site must be shipped to the shipping address provided in your invoice
2. We DO NOT allow will call or pick up of items for online purchases due to security reasons
3. All limited availability and/or exclusive items are limited to one per person, per household
4. Multiple orders cannot be combined
5. No sales or shipping to Countries, States, Provinces, Counties or Cities where items are prohibiteda
6. No sales or shipping to minors, or to adults intending to distribute or resell items to minors
7. All customers are responsible for knowing and following the laws which they reside in
We strive to offer all of our customers the most reliable optioans for shipping.
All orders will be packaged within 1 to 2 business days from the date you place your order and will be picked up by USPS or FedEx the following business day, regardless of the shipping option you choose.
Ex. If you place an order Friday and choose FedEx Priority Overnight, your order will not be processed or picked up by FedEx till the following Monday and be delivered to you the business day after. Shipping days/times are only estimates by the courier and are not guaranteed unless expressed by the shipping courier.
Domestic orders can take 1 to 15 business days to reach their intended destination and can be delayed due to weather or other factors that we, 3charm.com, CANNOT control. Time frames specified are only estimates from the shipping couriers and are not guaranteed by us,3charm.com.
Weather and other conditions can affect delivery times. Invoices are processed in the order they are received. If there were many orders placed over the weekend, then there could be a possible delay in getting your order out. FedEx and USPS does not deliver on weekends or major holidays.
Please remember that once a package leaves our facility, we no longer have control of the item. However, we will try our best to assist all of our customers in locating their package if it is ever lost during transit. It is up to the customer to be aware of their laws regarding ordering e-liquid/receiving e-liquid/ and any other restrictions regarding other vapor related products. It is always the responsibility of the customer to only order what is allowed for you to receive. All batteries or devices with built in batteries cannot be shipped domestically overnight (lithium ion batteries cannot be shipped via air due to new laws regarding shipping restrictions of batteries) and must be shipped ground. For further information regarding restricted items, please email us at email@example.com.
SIGNATURE CONFIRMATION POLICY
“SIGNATURE CONFIRMATION” upon delivery is a safety feature that we offer all of our customers for FREE. If you wish to take advantage of this feature, please note it in the message section at check-out.
If you do not note this at check-out, you are denying this feature. By denying signature confirmation, you, the customer, understand that you have waived your right to a security measure that we, 3charm.com, have tried to provide you for the safety of your order. By denying signature confirmation, you agree that if your package is lost or stolen but shows delivered by USPS or FedEx to the shipping address you provided, we, 3charm.com, will not be held liable or responsible for your lost or stolen item(s). Should you have any questions regarding the recent update to our Shipping Policy, please feel free to email us at 3charm.com.