Conditions of Use

Terms & conditions

1. General Conditions / Applicability
1.1. These general conditions are applicable on all deliveries of Instead Inc. and on all agreements concluded with Instead LLC. Instead LLC reserves the right to change or to extend the conditions from time to time.
1.2. By using the internet site of Instead LLC, (www.smokeinstead.ca) and /or by ordering goods the purchaser accepts these General Conditions and he also accepts all rights and obligations as mentioned on the internet site.
1.3. In case of the purchaser referring to his General Conditions, those conditions are not applicable if there does not exist a previous written consent by Instead LLC.
1.4. The definition ”Purchaser” extends to every visitor of the internet site that is to say every private person or corporate body that has or will have a contractual relation of any kind with Instead LLC.

2. Agreements
2.1 The Purchaser confirms they are 18 years of age or older at the time of the purchase.
2.2. An agreement is concluded at the moment of payment by the Purchaser.
2.3. The Purchaser and Instead Inc agree that by using electronic ways of communication a valid agreement is concluded as soon as the condition of article 2.2. has been fulfilled. The absence of an original signature does not alter the fact of a binding nature of the offer and the acceptance of it. The electronic files of Instead Inc are valid as a presumption of proof, so far as permitted by law.

3. Prices
3.1. All prices on the site are subject to change.
3.2. The purchaser is responsible for any import duties, taxes, and tariffs.
3.3. The postage + packing charges are not included in the price, unless specifically mentioned.

4. Payment
4.1. In the case of orders via the internet site, there exists the following ways of payment :Check, Money Order, Credit Card

5. Deliveries and terms of delivery
5.1. Orders are delivered as soon as possible. The terms of delivery mentioned in the internet site are only an indication and do not count as final. Instead Inc can put additional information concerning these terms of delivery on the internet site or make this information known in another written way. This information is only meant as an indication.
5.2. If a product is ordered by the purchaser is momentarily out of stock, information will be given about the availability. The purchaser will be informed of the delay by e-mail or by telephone.
5.3. Deliveries will be made to the address indicated by the purchaser at the conclusion of the agreement.
5.4. Instead LLC will take care of the delivery by mail or by any other means to be chosen by Instead Inc , for the account of the purchaser. Delivery by mail or in any other way will take place after the receipt of the payment for the products by Instead LLC . The ownership is handed over at the delivery itself.
5.5 Delivery will be made at risk of the client. Instead LLC can not be held responsible for local restrictions because of legislation.
5.6 Delivery will be made as soon as the entire payment has been received.
5.7 We cannot be held responsible for damage or loss to the goods during shipping. We will not be held responsible for detained packages.

6. Time to consider
6.1. After the delivery of the ordered product, the purchaser has the possibility of canceling the present agreement with Instead LLC within 7 working days after receipt. The purchaser is not obliged to give a reason for this cancellation.
6.2. If the purchaser wants to dissolve the agreement as per article 6.1. of these conditions, he must announce this to Instead Inc in writing ( letter, fax or e-mail). He immediately must send the products back to Instead Inc . The costs and the risks of this return have to be borne by the purchaser himself.
6.3. The payments that the purchaser has made at the moment that he chooses to rescind the agreement with Instead LLC as per the articles 6.1 and 6.2 of these conditions, will be paid back by Instead Inc within 14 days after the return of the products minus a 30% restocking fee.

6.4. Instead LLC reserves the right to refuse the products that are sent back or to pay back only a part of the amount that has been paid by the purchaser if Instead Inc suspects that the product has been opened, used or damaged by the purchaser ( i.e. not by the fault of Instead Inc of by the fault of the delivery services).
6.5. If a product is sent back that in the opinion of Instead Inc is damaged by an act or negligence of the purchaser or can be attributed to the purchaser, Instead Inc will inform him in writing (letter, fax or e-mail) . Instead LLC has the right to withhold the decrease in value of the product as a direct consequence of this damage from the amount to be paid back.

7. Guarantee and responsibility
7.1. For delivered products by Instead LLC., only the guarantee as established by the manufacturer of the products, is applicable.
7.2. Instead LLC can only be held responsible for damage caused on purpose or caused because of serious fault, or that comes into existence because of circumstances that by law are automatically at the risk of Instead LLC. Instead LLC is never responsible for consecutive damage, trade damage, indirect damage or loss of benefit or turnover.
7.3. If Instead LLC is obliged to pay a damage fee, this damage fee will never be higher than the amount of the invoice relating to the product or the service which caused the damage.
7.4. Circumstances which, in any case, cannot be attributed to Instead Inc are the following: strikes, lock-outs, illness, import-, export- or prohibition transit, transport problems, non respecting of obligations by sub contractors, production breakdown, atmospheric disasters, nuclear catastrophe, war or the threat of war, or fault of Instead Inc except by malicious intent or serious fault.
7.5. The legal responsibility of Instead LLC as established by law is unimpeded by the contents of these articles.
7.6. Without prejudice, there can be no question of a guarantee in the following cases : * the product has been altered; * the original invoice cannot be presented , has been altered or has been made illegible; * the defects are the consequence of a use that is not appropriate or that is injudicious; * damage that has been caused by malicious intent, serious fault or by negligence.

8. Product Use
8.1 The Instead Electronic Cigarette is not a stop smoking device. It is not a medical device. It is not meant to increase health.

9. Personal details
9.1. Instead LLC will only make use of the details of the purchaser according to its policy of privacy.
9.2. Instead LLC always applies the relevant rules and legislation of privacy.