Terms & Conditions

Terms & Conditions


By accessing our website, you, the user, agree to use the terms and conditions set out here.  These terms and conditions may change at our discretion at any time and without prior notice.  All orders and purchases made through this site are governed by these terms and conditions.  The purchase of merchandise through the Puffco.com website is strictly limited to parties who can lawfully enter into and form contracts on the site in accordance with the laws of the jurisdiction of their residence.  By entering the Puffco.com website you agree that you will access the content solely for your personal, non-commercial use.  All illustrations, designs, icons, graphics, photographs, pictures and any other items included in this website are the exclusive property of Puffco unless otherwise stated.  These Terms & Conditions apply to the purchase of goods from Puffco.com only.

DEFINITIONS

In these Terms and Conditions:
1. “Seller”, “us” and “we” are references to the owner of this website, Puffco, which is a registered corporation in the USA.
2. “Buyer”, “you” and “your” are references to the purchaser of the goods from us;
3. “Goods” means the goods specified in the Seller’s invoice; 4. “Contract” means the contract between Seller and Buyer for the sale and purchase of the Goods which incorporates these Terms & Conditions;
5. “Terms” means these terms and conditions;
6. “Site” means the Puffco.com website.

PURCHASING GOODS ONLINE


7. In order to make purchases through the site, the buyer will be requested to register and provide personal details.  In particular, buyers must provide their real name, phone number, e-mail address and other requested information as indicated.
8. When ordering items, the buyer will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
9. When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us.  We reserve the right to check any discrepancies and an order will only be processed when it is verified by us to be accurate and within the guidelines set forth in these terms. 10. All orders are subject to acceptance and availability.
11. Any error in the ordering process due to technical or other reasons beyond the seller’s control entitles us not to treat the order as being binding on us.
12. Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale.  The site displays products, which form its collection.  They are normally products that are in stock and available for dispatch, however on occasion certain products that are in particularly high demand will sell out quickly.  Should this be the case, you can contact our customer care department at info@puffco.com who will be happy to add your details to the waiting list and contact you should the item again become available to arrange payment.

YOUR ORDER


13. Once a choice has been made and the order has been placed, the buyer will receive an email acknowledging the details of the order.  This email is NOT an acceptance of the order. Unless the buyer cancels the order in accordance with the seller’s Cancellation Policy, acceptance of the order and completion of the contract between buyer and seller will be perfected when we dispatch the goods to you.
14. The sale contract is therefore concluded in the USA and the language of the contract is English.  The contract will be subject to these terms and conditions and governed by US law and the buyer agrees to submit to the non-exclusive jurisdiction of the United States Courts in respect to any dispute that may arise under it.
The seller reserves the right not to accept the buyer’s order in the event, for example, that we are unable to obtain authorization for payment or that the item ordered is out of stock.
Your use of any Puffco product is subject to all agreements including the Terms of Use and Conditions.
All Puffco products are intended for use with essential oils, and contain heating elements and sensitive mechanics.  The products are not intended for illegal purposes, included but not limited to the consumption of narcotics, THC, or THC derivatives (collectively "foreign combustibles").  The use of foreign combustibles or other unintended materials may result in damage to the contents of the product or degradation of the materials and mechanics within the product.   Any warranty, express or implied, shall be voided by improper use.   By opening the packaging, you confirm your acceptance of the Terms of Use.

PRICE


15. Prices shown on the site are in U.S. Dollars (USD).  All prices and offers remain valid and as advertised from time to time.  The price of a product displayed on the site at the time the order is accepted will be honored.
16. If the buyer is from outside of the United States, the buyer may also incur duties levied by the jurisdiction to which you have specified delivery.  International shipments may be subject to import duties and taxes upon arrival in the destination country.  These duties and taxes are the responsibility of the customer.  Furthermore, a buyer from outside the U.S. may also be subject to higher postage and packaging costs.  The seller reserves the right to request additional shipping fees prior to the Goods being dispatched, and to not accept the order should the buyer not fulfill the seller’s requests to pay additional postage and packaging fees.

PAYMENT


17. Payment for Goods and for the cost of packaging and delivery where applicable must be made before the Goods are dispatched.
18. Payment can be made by Visa, Master Card, Discover, or American Express.  In all cases, delivery will not occur until we are satisfied that the payment has cleared.
19. If the issuer of the buyer’s payment card refuses to authorize payment to the seller, we will not be liable for any delay or non-delivery.
20. All credit card transactions on this site are processed using Stripe Services, a secure online payment platform that encrypts your card and/or banking details in a secure host environment.  The seller does not hold any credit card details on our site or in our customer database.

DELIVERY


21. The seller will give the buyer an estimated delivery date for the goods, but no such estimated times or dates provided by us are guaranteed.
22. The seller will arrange for packing according to the method of delivery chosen by the buyer during the checkout process. Responsibility for the purchased good passes to the buyer at the time the carrier takes possession of the goods.
23. Carriers do not provide delivery service to PO Boxes.
24. The buyer must check the goods immediately upon delivery and contact the seller if there are any problems with the goods.  The buyer must notify the seller within 24 hours of delivery to ensure prompt attention as completed orders are filed away daily.
25. In the case that the goods have been damaged in transit, the buyer must keep all packaging, as this may be required when making a claim.
26. Please note, signature upon delivery required for all orders.  Must be 21 or over.

The seller will not be liable for any loss, damages or penalty resulting from delay in delivery of the goods when such delay is due to causes beyond the reasonable control of the seller, including without limitation, supplier delay, force majeure, act of God, labor unrest, or fire.  In any such event, the delivery date will be deemed extended for a period equal to the delay.

CANCELLATION, RETURN & EXCHANGE


27. The seller’s chief objective is to ensure the buyer is fully satisfied with their purchase. If the item purchased is malfunctioning or defective in anyway upon arrival we’re happy to assist in troubleshooting and providing the necessary replacement parts to get your unit functioning as intended. No refunds/exchanges will be issued for an item that has been opened and/or used.
In order to qualify for exchange/store credit, the goods or packaging may not have been used or damaged, and the goods must be returned in their original packaging, and accompanied by all items comprising the product. In the event of a return or exchange for a sealed/unopened item, we require that you return the goods to us at your own cost.  The notice of exchange or return has to be made in writing; an email will suffice:  Info@puffco.com.
In the event of a return or exchange, we require that you return the goods to us at your own cost. Otherwise no store credit / exchanges / returns will be accepted under any circumstances.
28. In order to help with the return of your order you must obtain a Merchandise Return number (MR) by emailing  info@puffco.com  within the cancellation period.
29. Our return address is detailed on your original invoice.  Failure to obtain an MR does not affect your legal, consumer rights.
30. The buyer must take reasonable care of all goods in their possession and return them to us, with their original packaging, within 7 days from the date the MR number was issued.
31. In order to qualify for exchange/store credit, the goods or packaging may not have been used or damaged, and the goods must be returned in their original packaging, and accompanied by all items comprising the product.

REGISTRATION


In order to shop on the seller’s site all users must be registered. The details provided are saved in our database in order to process the order and to facilitate and speed up future purchases. Please see our Privacy Policy for more details regarding how Puffco manages this information.

OPT-IN OPT-OUT POLICY


Users of this site may access, amend or delete any data filled in on the registration form at any time; either in writing, or via email at  Info@puffco.com The seller may from time to time contact you by email with information on new products; special discounts or other information we believe may be of interest to you.  Any e-mail we send you will contain an easy unsubscribe link from all future mail shots.

OUR LIABILITY


The website is accessed and used at your own risk.  Although reasonable efforts have been made to ensure that all details on the website are current and contains no inaccuracies or errors, no guarantees are made that the website’s content will be error free, accurate and current at all times.

Passport Terms of Service

1. You are shopping on a merchant’s website (the “Merchant”).

2. If you place a Qualifying Customer Order, the Product(s) that you are purchasing will be sold first by the Merchant to Passport Global Inc (“Passport”), and then by Passport to you under these Terms and Conditions. Your payment information, shipping address, and any additional information required or requested to complete your order will be shared directly with Passport and its nominated agents and contractors, in order to enable Passport to complete your Qualifying Customer Order.

3. Your Qualifying Customer Order is subject to: (1) these Terms and Conditions; and (2) any relevant terms and conditions imposed by the Merchant. By completing your purchase, you confirm that you have read and agree to be bound by all of these. By placing a Qualifying Customer Order on the Merchant’s website, you understand and agree that:

3.1 You are dealing with and providing your information to Passport. Passport may contact you about your order.

3.2 If there is an error in the price listed for a Product on the Merchant’s website, or in the price applied to the product during the sale of and processing of your order for the Product, Passport and its nominated agents are entitled to contact you, correct the price, and/or cancel your order.

3.3 The Merchant remains responsible for handling payment for your order.

3.4 Once your payment is processed, ownership in the items will shift from Passport, to you.

3.5 Certain addresses will be ineligible for shipment, such as PO box addresses.

3.6 Passport may refuse service, refuse to process or complete Qualifying Customer Orders, remove or edit content, or cancel such orders for any reason or for no reason, in its sole discretion.

3.7 If you are under the age of majority in the jurisdiction in which you reside, approval of your parent or guardian is required to complete your purchase.

3.8 You authorise Passport and its nominated agents and contractors to perform any of the following activities in connection with the delivery of any Products: (i) to act as your agent to make and file customs declarations and all related actions as your direct representative, which expressly includes completing any documents, amending product or Harmonised System codes, and paying any duties, taxes or penalties required under applicable laws and regulations; (ii) to act as forwarding agent for customs import and export control purposes solely for the purpose of designating a customs broker to perform customs clearance and entry; and (iii) to redirect an order to your customs broker or other address upon request by any person whom Passport’s nominated agents and contractors believe in its reasonable opinion to be authorised.

4. Currency. You may select your preferred payment method and currency from a list of options available at the time of checkout. Please note that the relative value of currencies may vary, and as a result, the actual purchase price for items in your order may vary based on the currency selected.

5. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be subject to the Merchant’s terms and conditions.

6. Shipping. Items in your order may be shipped via a single shipment, or via multiple shipments. If items in your Qualifying Customer Order are shipped via multiple shipments, or if your order is only partially filled and shipped, you will only be charged for those items that are actually shipped to you.

7. Chargebacks, Fraud Prevention and Void Transactions. For your protection, Passport may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorisation has been declined, that transaction will be void.

8. Customer Service and Returns. Questions or complaints about your order should be directed to the Merchant in the first instance. Passport may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy, including to reimburse you for the original sales prices of Products returned to the Merchant’s nominated address. Passport may however refuse any return requested if a restriction applies to the item for which the return is requested. You accept that your sole remedies are against the Merchant. Where a return by the Customer is authorised by Passport or the Merchant, Passport shall also have the right to return the item to Merchant and accordingly the Merchant shall issue a credit note to Passport and Passport shall provide a credit note to the Customer, and Passport’s direction, ownership and risk in the Products for return shall pass directly to the Merchant. Where a return is authorised by Passport or the Merchant, the Merchant shall, at Passport’s direction and acting in its name, provide a credit note to the Customer to the extent of the value of the Product(s) authorised to be returned directly to the Merchant. In relation to any return of Products to the Merchant, you authorise Passport and its nominated agents to act on your behalf, and to recover for its own account, any import duties and taxes. If required, you will sign any such document that is reasonably required to facilitate the return of the Products and the recovery of any import duties and taxes.

9. General Terms. The following general terms apply whenever you place a Qualifying Customer Order through the Merchant’s website:

9.1 Compliance with Applicable Laws. You certify that any Products purchased through a Qualifying Customer Order will not be imported, exported, sold, or transferred in violation of any applicable laws, including without limitation the United States Export Administration Regulations or applicable United States sanctions and embargoes administered by the United States Treasury Department, and equivalent statutes, regulations and codes of England and Wales or the EU. It is your responsibility to know the laws of the country into which you are importing any Products that you order from the Merchant’s website. By placing a Qualifying Customer Order you certify that the import of the Products you have ordered to the country of the shipping address you have provided does not violate any laws or regulations of that country.

9.2 Privacy. To complete your Qualifying Customer Order you will be providing personal information to the Merchant and Passport and you consent to your personal information being collected, used, processed, disclosed and/or stored by the Merchant and Passport and our service providers as may be required in order to process and complete your order and otherwise provide the services you have requested, in accordance with the Merchant’s and Passport’s Privacy Policy. Passport accepts no liability or responsibility for the collection, use, processing, disclosure or storage of your personal information by the Merchant or any service provider engaged by the Merchant. The collection, use, processing, disclosure and/or storage of your personal information by the Merchant or its service providers is governed by the Merchant’s privacy policy. The Merchant and Passport may analyse transactional data for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Merchant’s Customer experience and/or the services provided by Passport. Any transactional data analysed for these purposes will be aggregated and de-identified, meaning that any personally identifiable information will be removed.

9.3 Electronic Communications. When you place a Qualifying Customer Order through the Merchant’s website, you are communicating with Passport electronically, and you consent to entering into this agreement by electronic means, and to receive communications from Passport electronically/via email.

9.4 Modifications. You acknowledge that Passport may make changes to its system, policies, and these Terms and Conditions at any time. Passport will ensure that the current version of these Terms and Conditions is presented every time you make a Qualifying Customer Order on the Merchant’s website. You are responsible for reviewing these Terms and Conditions each time you make a Qualifying Customer Order. If you do not agree to any change in the Terms and Conditions, you must not complete your order. Any order placed after the effective date of a change will constitute your agreement to the change and to the current Terms and Conditions .

9.5 Severability. If any or any portion of these Terms and Conditions is found to be invalid, void, or for any reason unenforceable, that term or portion of terms will be severed, and will not affect the validity and enforceability of the remaining terms.

9.6 Proceedings. Any action or proceeding arising out of or relating to these Terms and Conditions must be brought in the courts of California, United States, and you hereby irrevocably agree to the jurisdiction of the courts of California, United States for all such purposes.

9.7 Language. The parties have agreed and expressly requested that this agreement and all documents related to it be drawn up in English.

9.8 Definitions. “Member State”, “third country” and “third territories” as defined in Article 5 of Council Directive 2006/12/EEC. “Products” means those goods offered for sale via the Merchant’s website which are not of a class or description subject to any duty of excise whether or not those goods are in fact chargeable with that duty, and whether or not that duty has been paid on those goods, or prohibited or restricted goods were they to be imported into the UK, and which are not subject to any restrictions on export, sale, or transfer in violation of any Applicable Laws. “Product Prices” means the prices including VAT at the appropriate rate of the Products as held out for sale to Customer by the Merchant and accordingly, by Passport to Customer; and “Product Price” means the price of an individual Product. “Qualifying Customer Order” meets all of the following conditions:

(A) It is an order for Product or Products placed via the Merchant’s website which are to be transported from:

a third country or territory, excluding Northern Ireland (“NI”), to an address in a Member State of the EU (e.g. USA to France);
a third country or territory, excluding the UK, or from a Member State of the EU to an address in Great Britain (e.g. Germany to England); or
a third country or territory, excluding NI, to an address in NI (e.g. USA to NI); and

 

(B) In relation to the transport of a Product or Products to an address:

in Great Britain or NI, the total intrinsic value of the Product or Products comprising that order does not exceed £135 (one hundred and thirty five) British Pounds Sterling, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed £135 (one hundred and thirty five) British Pounds Sterling; and
in a Member State of the EU, the total intrinsic value of the Product or Products comprising that order does not exceed €150 (one hundred and fifty) Euros, or where Products comprising an order exceed that sum but are sent in separate consignments, the intrinsic value of each consignment of which the Product or Products form part does not exceed €150 (one hundred and fifty) Euros.