Smoke Freely |
Smoke Freely Prado Internet Scam - Unavailable customer service - Misleading offers - Hidden terms of service - Unauthorized credit card charges Scott |
17th of May, 2011 by User785895 |
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 Users 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 Freelys 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. 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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 sites 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 sites 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.
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