Terms & Conditions
Fresh Smoke and its associates provide their services to you subject to the following terms and conditions. If you visit or shop within this website, you accept these terms and conditions. Please read them carefully.
Our standard shipping carrier is UPS and US Postal Service. We also offer freight shipments if needed. Our hours of operation are Monday through Friday 8:00am to 5:00pm CST. Any orders received on Saturday or Sunday will be shipped on the following Monday. Orders placed Monday through Friday typically ship the same business day if the order is placed by 3:00pm CST. If you need guaranteed shipping times please contact us at 651-982-5566 during business hours prior to placing your order.
Free Shipping Policy
Any orders that qualify for free shipping will be shipped via FedEx Smart Post.
To Qualify For Free Shipping:
- Shipping weight must be less than 5 pounds.
- Shipments must be within the U.S. Continental United States (Excludes Alaska and Hawaii)
- Shipments in excess of 5 lbs may require additional charges above our posted shipping rates.
Fresh Smoke offers a 30 day warranty on most items. Extended warranties are available for purchase on some products.
The original warranty period begins on the purchase date of the product. If Fresh Smoke is unable to replace the product purchased within the warranty period, we will refund the original sales price of the product, including any sales tax and shipping charges. We reserve the right to test any defective products prior to providing any refunds. If the product that is returned to Fresh Smoke tests good, the returned product may be subject to a restocking fee of up to 35%. Fresh Smoke reserves the right to determine if we will replace or refund the defective product. All defective items must be returned to Fresh Smoke within thirty (30) business days of receipt of the product.
Fresh Smoke limited warranties are void if a product is returned with removed, damaged or tampered labels or any alterations (including removal of any component or external cover). Fresh Smoke is not responsible for any data loss or damage to other equipment under any of our warranties. Any consequential damages, incidental damages, or costs related to data recovery, removal and installation are not recoverable under our warranties.
The extended 1 Year warranty replaces the 30 day warranty and begins on the purchase date of the product and ends 1 year from the purchase date of the product. If at any point during the extended warranty the product fails, Fresh Smoke will replace the defective product. Over the course of the 1 year warranty Fresh Smoke will only replace the product once. If we are unable to replace the product purchased within the warranty period, we will refund the original sales price of the product, including any sales tax and shipping charges. All defective items must be returned to Fresh Smoke within thirty (30) business days of notice to Fresh Smoke that the product is defective. Fresh Smoke reserves the right to determine if we will replace or refund the defective product.
Defective Parts Returns:
To return defective equipment, please call 1-651-982-5566 to receive a Return Materials Authorization (RMA) number. Fresh Smoke will not provide any warranty coverage without an authorized RMA number.
Items Not Covered Under Warranty:
Fresh Smoke warranties do not cover any problems caused by:
Any improper use of product, per the product specifications including but not limited to:
- Improper handling of product
- Use in areas that are above or below specifications on heat, cold and humidity
- Improperly installed products
- Any product that is modified
- Any accidental damage or abuse of product
- Any acts of God
- Any malfunctions of the product caused by other equipment it is installed in or connected to
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
PURCHASE TRANSACTION TERMS
All purchase transactions are in USD.
Fresh Smoke has the right to cancel any purchase transaction before shipment of items or within 48 hours of receipt of shipment.
For any purchase transaction that requires scheduled shipments over a period of time, Fresh Smoke has the right to cancel any such portion of the purchase transaction before each shipment. Fresh Smoke will notify vendor of such cancelation prior to shipment of items.
Vendor hereby represents and warrants that (a) it is authorized to sell the goods and/or perform the services set out in the Purchase Transaction; (b) all goods provided are of genuine and authentic manufacture, (c) all goods delivered to our facilities as part of this purchase transaction, whether purchased previously or not, will be considered included in the purchase price of the purchase transaction and those goods do not and will not infringe any patent, copyright, trademark, trade secret or other proprietary right of any third party.
It is your responsibility to inspect what is included in the shipment of products for this purchase transaction prior to shipping. The price paid for this purchase transaction includes all products, parts, components or accessories delivered with the shipment relating to this purchase transaction. This includes any products, parts, components or accessories that are not specifically identified on the purchase transaction.
All maters arising out of or relating to this purchase transaction shall be governed by and construed in accordance with the laws of the State of Minnesota. Any proceeding arising out of or relating to this transaction must be brought in the courts of the State of Minnesota, County of Hennepin, or if it has or can acquire jurisdiction, in the United States District Court for the District of Minnesota.
When you visit Fresh Smoke or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we will provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Fresh Smoke or its content suppliers and protected by United States and international copyright laws.
Fresh Smoke Trademarks and trade dress may not be used in connection with any product or service that is not Fresh Smoke, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fresh Smoke. All other trademarks not owned by Fresh Smoke or it subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fresh Smoke or its subsidiaries.
LICENSE AND SITE ACCESS
Fresh Smoke grants you a limited license to access and make personal use of this site; provided, however, you do not have the right to download (other than page caching), or modify this site, or any portion thereof, without the express written consent of Fresh Smoke. This license does not include the right to (i) resell or commercially use this site or its contents; (ii) collect and use any product listings, descriptions, or prices; (iii) derivatively use this site or its content; (iv) download or copy account information for the benefit of any third party; or (v) use data mining, robots, or similar data gathering and extraction tools with respect to any information contained in this site. This site, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Fresh Smoke. You shall not frame or utilize framing techniques to enclose any trademark, logo, or other Proprietary information (including images, text, page layout, or form) of Fresh Smoke and its associates without the express written consent of Fresh Smoke. You may not use any meta tags or any other “hidden text” utilizing names or trademarks without the express written consent of Fresh Smoke. Any unauthorized use terminates the permission or license granted by Fresh Smoke. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Fresh Smoke so long as the link does not portray Fresh Smoke, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fresh Smoke logo or other proprietary graphic trademark as part of the link without the express written consent of Fresh Smoke.
YOUR MEMBERSHP 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. If you are under 18, you may use our website only with involvement of a parent or guardian. Fresh Smoke and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Fresh Smoke reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Fresh Smoke and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fresh Smoke and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fresh Smoke or its associates for all claims resulting from content you supply. Fresh Smoke has the right but not the obligation to monitor and edit or remove any activity or content. Fresh Smoke takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
You bear the risk of damage and loss during transit for all items purchased by you from Fresh Smoke. In other words, Fresh Smoke responsibility for damage and risk of loss for products purchased by you ends when the product is delivered to the common carrier. Fresh Smoke recommends that you insure all products against loss or damage while in transit.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY FOR PRODUCTS
Fresh Smoke warrants that the products purchased by you will be free from defect in materials and workmanship on the delivery date to you. In the event of a product defect, Fresh Smoke agrees to replace the product, if possible, or the sale price of the product will be refunded or credited to you; provided, that the defective product is returned to Fresh Smoke within ten (10) business days of receipt of the product by you.
Fresh Smoke does not guarantee that the products you purchased are compatible with any hardware and/or software. If you have any questions regarding the compatibility of any product you are ordering, please contact Fresh Smoke at 1-651-982-5566, before purchasing the product.
THE WARRANTIES SET FORTH HEREIN IS IN LIEU OF ALL OTHER GUARANTEES AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THIS WARRANTY SHALL NOT BE EXTENDED OR ALTERED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY FRESH SMOKE.
By visiting Fresh Smoke site, you agree that the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern these Terms and Conditions, your use of this site, your purchase of product from Fresh Smoke and any other dispute that may arise between you and Fresh Smoke.
Any dispute relating in any way to your visit to Fresh Smoke or to products you purchase through Fresh Smoke shall be submitted to arbitration in Minnesota, except that, to the extent you have in any manner violated or threatened to violate Fresh Smoke’ intellectual property rights, Fresh Smoke may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, 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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Fresh Smoke. Fresh Smoke reserves the right to make changes to this site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
All pricing is subject to change. Fresh Smoke reserves the right to make adjustments to pricing and products for any reason including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Fresh Smoke cannot guarantee that it will be able to fulfill all customer orders.
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