May 16, 2011
I was recently charged for products I did not purchase on
the internet.
On April 14, 2011, I ordered an electronic cigarette from www.smokefreely.com. I was billed appropriately for $7.95 with a single currency International Assessment fee of $0.06 and my product was delivered
soon afterward.
On April 28, 2011, my account was billed for $149.90 with a single currency International Assessment fee of $1.20 without my consent causing my account to be overdrawn costing me an additional $24.00 NSF Fee.
The same day, I was again fraudulently charged $1.20, again causing a $24.00 NSF Fee.
On May 13, 2011, I was again fraudulently charged $69.90 with a single currency International Assessment fee of $0.56
The charges show up on my statement as: Withdrawal@ELECTRICCIG-8776473735 ELECTRICCIG-877647 877-647-3735
When I went back to the website I found that I could not log in to the account that I had created. The site stated that the account had been locked and to contact the administrator. When I refreshed the page, a statement appeared that their product would no longer be sold in California. (I'm in California!)
I tried to call the company at 1-877-647-3735 at various times of day. A recorded message stated that their office is currently closed and to call back during normal business hours. After 12 attempts, I stopped trying.
I looked up the business address, 14301 N. 87th Street Suite #106 Scottsdale, AZ 85260 on Google.com and found it to be the office of an appraisal service. Upon further investigation, I found that they have been investigated by the Arizona Attorney General's office more than once and have 300+ complaints at the BBB.
I have cancelled my card to prevent any further fraud
I am out over $270 because of a misleading internet offer
The following is their "Terms of Use" which states nothing about continuing charges or $149.00 for the kit originally offered at $14.95.
smokefreely.com/terms_of_use/
If you need customer service call 1-877-647-3735
This charge will appear as Electriccig-8776473735 on
your billing statement.
Terms of Use
Terms of Use: TERMS OF USE | EU SFP LIMITED DBA SMOKE
FREELY, LLC. WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING
THIS SITE. BY USING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE.
IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree” to this
Agreement, you (“User”) signify your agreement to these terms and conditions.
If you do not agree to this Agreement please do not use this site and do not
click “I agree”. The Company reserves the right to terminate a User’s use of
this site at any time without notice and may do so for any breach of this
Agreement or the instructions on this site by User. This Agreement applies to
licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE
THIS SITE
This Agreement must be completed, understood and agreed to
by a person over 18 or 21 in certain jurisdictions. If you are not yet 18 or 21
in certain jurisdictions or are accessing this site from any country where
material on this site is prohibited or illegal, please leave now as you do not
have permission to access this site.
YOUR WWW.SMOKEFREELY.COM 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. EU SFP Limited DBA Smoke Freely only
sells to smoking adults, 21 years or older, who own and can purchase with a
credit card. If you are under 21, Smokefreely.com and its affiliates will
refuse service, terminate all of your accounts, remove or edit content, or
cancel orders immediately.
SATISFACTION GUARANTEE
If you're not completely satisfied with our product,
please return it for an exchange ONLY for any other products within (even if
used) within 14 days of your original purchase date (less shipping &
handling) - NO REFUNDS!.
12 MONTH DEVICE LIMITED WARRANTY
EU SFP Limited DBA Smoke Freely, LLC warrants to the
original purchaser of the EU SFP Limited DBA Smoke Freely Electronic Cigarette,
that it will be free from defects in materials and workmanship for a period of
ONE YEAR (12 months) from the date of original purchase. During the warranty
period, EU SFP Limited DBA Smoke Freely will, at its discretion, repair or
replace (with a new or reconditioned unit) components that are defective.
Exclusions to this warranty shall not apply to defects resulting from misuse,
improper or inadequate maintenance or unauthorized modification. This Limited
Warranty gives the original purchaser specific limited rights, in addition to
those rights under applicable local law.
TO REPLACE YOUR PRODUCT, PLEASE FOLLOW THE INSTRUCTION
BELOW:
Pack the items to be returned securely (Shipping charges
to EU SFP Limited DBA Smoke Freely are your responsibility).
Please enclose your original bill of sale, your name,
address, telephone numbers, email address and reason for returning the item.
*LIFETIME LIMITED WARRANTY
EU SFP Limited DBA Smoke Freely, LLC will repair or
replace any components of the electronic cigarette at EU SFP Limited DBA Smoke
Freely’s sole discretion as long as the customer remains enrolled in the Auto
Ship Refill Value Plan.
RESTRICTIONS ON USE OF MATERIALS
The copyright in all material provided on this Site
(referred to herein as "Site") is held by EU SFP Limited DBA Smoke
Freely, LLC. (referred to herein as "EU SFP Limited DBA Smoke
Freely"). Except as stated herein, no material from the Site or any web
site owned, operated, licensed or controlled by EU SFP Limited DBA Smoke
Freely, may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way. Any unauthorized use of any material contained on
this Site may violate copyright laws, trademark laws, and other laws.
APPLICABLE LAWS
This Site is controlled and operated by EU SFP Limited
DBA Smoke Freely from its offices in Arizona. EU SFP Limited DBA Smoke Freely
makes no representation that materials on this Site are appropriate or
available for use outside of the United States. Those who choose to access this
Site from other locations do so by their own initiative and are responsible for
compliance with applicable local laws. Any claim relating to, and the use of,
this Site are governed by the laws of the State of Arizona, without giving
effect to any principles of conflicts of laws.
TRADEMARKS
The trademarks, service marks and logos (the
"Trademarks") used and displayed on this Site are registered and
unregistered trademarks of EU SFP Limited DBA Smoke Freely, LLC., unless
otherwise noted. Nothing on this Site should be construed as granting, by
implication, or otherwise, any license or right to use any Trademark displayed
on the Site.
LINKING
You may be able to access other websites through our
site. When you do so you are doing so subject to their policies regarding
privacy and data collection and you should read those sites’ privacy policies
to make sure you agree to them before using such sites. When you choose to shop
at such sites, you should read their privacy policies to make sure you agree to
them before making purchases.
THIRD PARTY SITES
You may be transferred to online merchants or other third
party sites through links or frames from this site. You are cautioned to read
such sites’ Terms and Conditions and/or Privacy Policies before using such
sites in order to be aware of the terms and conditions of your use of such
sites. These sites may contain information or material that is illegal,
unreasonable or that some people may find inappropriate or offensive. These
other sites are not under the control of the Company, are not monitored or
reviewed by the Company, and the Company is not aware of the contents of such
sites. You acknowledge that the Company is not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the contents or
any transmissions received through such sites. The inclusion of such a link or
frame does not imply endorsement of this site by the Company, its advertisers
or licensors, any association with its operators and is provided solely for
your convenience. You agree that the Company and its licensors have no
liability whatsoever from such third party sites and your usage of them.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby
grants you a non-exclusive, non-transferable limited license to use this site
in strict accordance with the terms and conditions in this Agreement and as
permitted via instructions on this site. You agree not to make any false or
fraudulent statements in your use of or to gain access to this site. You
acknowledge and agree that all content and services available on this site are
property of the Company and its advertisers and licensors and are protected by
copyrights, moral rights, trademarks, service marks, patents, trade secrets,
and other proprietary rights and laws, in the U.S. and internationally. All
rights not expressly granted herein are fully reserved by the Company, its
advertisers and licensors. You agree to pay for any and all purchases and
services made using your name and credit card through this Site, not to
challenge any such charges and to pay for all collections and/or attorneys fees
resulting from any non-payment.
Except as may be explicitly permitted through this site,
you agree not to save, download, cut and paste, sell, license, rent, lease,
modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from materials, code
or content on or from this site. Systematic retrieval of data or other content
from this site to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from the Company
is prohibited. In addition, use of the content or materials for any purpose not
expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password
by the Company, you shall use your best efforts to prevent access to this site
through your Username and Password by anyone other than yourself, including but
not limited to, keeping such information strictly confidential, notifying the
Company immediately if you discover loss or access to such information by
another party not under your control and supervision, and by using a Username
and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer,
reverse assemble, reverse compile, decompile, disassemble, translate or
otherwise alter any executable code, contents or materials on or received via
this site. You understand that such actions are likely to subject you to
serious civil and criminal legal penalties and that the Company shall pursue
such penalties to the full extent of the law to protect its rights and the
rights of its other.
USER TRANSMISSIONS
Any material, information, idea or other communication
you transmit to or post on this Site by any means will be treated as
non-confidential and non-proprietary, and may be disseminated or used by EU SFP
Limited DBA Smoke Freely and/or its designees for any purpose whatsoever
including, but not limited to developing and manufacturing products
("Communications"). EU SFP Limited DBA Smoke Freely will have no
obligations with respect to the Communications. EU SFP Limited DBA Smoke Freely
and its designees will be free to copy, disclose, distribute, incorporate and
otherwise use the Communications and all data, images, sounds, text, and other
things embodied therein for any and all commercial and non-commercial purposes.
You are prohibited from posting or transmitting to or from this Site any
unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material, or any other material that could give rise
to any civil or criminal liability under the law.
Except with regard to personal information, all
information which you post on this site or communicate to the Company through
this site (collectively “Submissions”) shall forever be the property of the
Company. You agree to the Site Submission Rules found here as part of this
Agreement if provided on the site by the Company. The Company shall not treat
any submission as confidential and shall not incur any liability as a result of
any similarities that may appear in future Company services or products.
Without limitation, the Company shall have exclusive ownership of all present
and future existing rights to any Submission of every kind and nature
everywhere. You acknowledge that you are fully responsible for the message,
including its legality, reliability, appropriateness, originality and copyright.
You hereby represent and warrant that your Submission does not infringe the
rights of any third party.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE
INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES
OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO
THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE
AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS,
STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS
LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH
THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT
ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR
RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR
STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT
PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO
YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR
JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF,
OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS
SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE
COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS
AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the
Company, its advertisers, licensors, subsidiaries and other affiliated
companies, and their employees, contractors, officers, agents and directors
from all liabilities, claims, and expenses, including attorney's fees, that
arise from your use of this site, or any services, information or products from
this site, or any violation of this Agreement. The Company reserves the right,
at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you shall cooperate
with the Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User’s
use immediately upon receipt of any notice which alleges that User has used
this site for any purpose that violates any local, state, federal or law of
other nations, including but not limited to the posting of information that may
violate third party rights, that may defame a third party, that may be obscene
or pornographic, that may harass or assault others, that may violate hacking or
other criminal regulations, etc. of its agents, officers, directors,
contractors or employees. In such event, Company may disclose the User’s
identity and contact information, if requested by a government or law
enforcement body or as a result of a subpoena or other legal action, and
Company shall not be liable for damages or results thereof and User agrees not
to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is
controlled by the Company from its offices within the State of Arizona, U.S. of
America. It can be access from all 50 states as well as from other countries
around the world to the extent permitted by site. As each of these places has
laws that may differ from Arizona, by accessing this site, both you and the
Company agree that the statues and laws of the Arizona shall apply to any
actions or claims arising out of or in relation to this Agreement or your use
of this site, without regard to conflicts of laws principles thereof. You and
the Company also agree and hereby submit to the filing of any claim only in the
exclusive personal jurisdiction and venue of Utah and any legal proceedings
shall be conducted in English. The Company makes no representation that
materials on this site are appropriate or available for use in other locations,
and accessing them from territories where their contents are illegal is
prohibited. This Agreement shall not be governed by the United Nations
Convention on Contracts for the Sale of Goods.
MISCELLANEOUS
This Agreement incorporates by reference the Site
Submission Rules if this site allows posting and posts such Rules. This
Agreement constitutes the entire agreement between the parties related to the
subject matter thereof, supersedes any prior or contemporaneous (oral, written
or electronic) agreement between the parties and shall not be changed except by
written agreement signed by an officer of the Company. If any provision of this
Agreement is prohibited by law or held to be unenforceable, the remaining
provisions hereof shall not be affected, and this Agreement as much as possible
under applicable law shall continue in full force and effect as if such
unenforceable provision had never constituted a part hereof and the
unenforceable provision shall be automatically amended so as to best accomplish
the objectives of such unenforceable provision within the limits of applicable
law. User shall not assign or transfer this Agreement and any such transfer
shall be void.
SITE SUBMISSION RULES
By using features of this site that allow you to post or
otherwise transmit information to or through this site, or which may be seen by
other users, you agree that you shall not upload, post, or otherwise distribute
or facilitate distribution of any content -- including text, communications,
video, software, images, sounds, data, or other information -- that: is
unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, torturous, obscene, sexually
explicit or graphic, or otherwise in violation of this site’s rules or
policies; victimizes, harasses, degrades, or intimidates an individual or group
of individuals on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability; infringes any patent, trade mark, service mark, trade
secret, copyright, moral right, right of publicity, privacy or other
proprietary right of any party; constitutes unauthorized or unsolicited
advertising, junk or bulk e-mail (also known as "spamming"), chain
letters, any other form of unauthorized solicitation, or any form of lottery or
gambling; contains software viruses or any other computer code, files, or
programs that are designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications equipment or to
damage or obtain unauthorized access to any data or other information of any
third party; or impersonates any person or entity, including any employee or
representative of this site, its licensors or advertisers.
You also agree that you shall not harvest or collect
information about the users of this site or use such information for the
purpose of transmitting or facilitating transmission of unsolicited bulk
electronic e-mail or communications for any other commercial purpose of your
own or a third party.
You further agree that you shall not solicit or collect
information, or attempt to induce any physical contact with, anyone 18 years
old or younger without appropriate prior verifiable express parental consent.
This site generally does not pre-screen, monitor, or edit
the content posted by users of this site. However, this site and its agents
have the right, at their sole discretion, to remove any content that, in this
site’s sole judgment, does not comply with the Site Submission Rules or is
otherwise harmful, objectionable, or inaccurate. This site is not liable for
any failure, delay, damages or results, in removing such content.
You agree that your use of this site may be suspended or
terminated immediately upon receipt of any notice which alleges that you have
used this site in violation of these Rules and/or for any purpose that violates
any local, state, federal or law of other nations, including but not limited to
the posting of information that may violate third party rights, that may defame
a third party, that may be obscene or pornographic, that may harass or assault
others, that may violate hacking or other criminal regulations, etc. of its
agents, officers, directors, contractors or employees. In such event, you agree
that the owner of this site may disclose your identity and contact information,
if requested by a government or law enforcement body or as a result of a
subpoena or other legal action, and the owner of this site shall not be liable
for damages or results thereof, and you agree not to bring any action or claim
against the owner of this site for such disclosure.
This site reserves the right to revise these Site
Submission Rules at its discretion, so check back from time to time to be sure
you are complying with the current version.
REVISIONS AND MODIFICATIONS OF TERMS OF USE
EU SFP Limited DBA Smoke Freely may revise these Terms of
Use at any time. By using this Site, you agree to be bound by any such revisions.
Accordingly, you should periodically visit this page to determine the current
Terms of Use to which you are bound. Certain Terms of Use may be modified and
superseded by expressly designated legal notices or terms located on particular
pages on this Site.
This is an international transaction as the Prado
Electronic Cigarette is available in many countries throughout the world.
YOUR bank may charge you a international transaction fee accordingly.
This type of surcharge is imposed by your own bank and EU SFP Limited DBA Smoke
Freely cannot refund this surcharge.
This charge will appear as Electriccig-8776473735 on
your billing statement. |
