We will notify Users if any changes are made to these terms and conditions, by way of posting a notice on this site. Through placing any subsequent orders on DREAMSMOKE.COM or through our call centre, users will be accepting the updated terms and conditions.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TO WEBSITE AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE AFTER POSTING OF SUCH CHANGES CONSTITUTES YOUR AGREEMENT TO ANY NEW OR MODIFIED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEBSITE.
The information presented on the Website is provided for informational purposes only and has not been reviewed or approved by the FDA. Dream Smoke is intended for use by persons 18 or older. Women who are pregnant or breast feeding or persons with or at risk of heart disease. high blood pressure, and diabetes or on medication should consult with a physician before using Dream Smoke. Persons who have an allergy or sensitivity to nicotine or other inhalant should consult with their physician before using this product. Dream Smoke is for recreational purposes and it not a smoking cessation product. Is its not intended to treat, prevent or cure any disease or conditions and Dream Smoke is in no way intended as a substitute for professional medical advice, diagnosis or treatment. THIS PRODUCT CONTAINS NICOTINE, A HIGHLY ADDICTIVE AND HABIT FORMING CHEMICAL KNOWN TO THE STATE OF cALIFORNIA TO CAUSE BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM. KEEP OUT OF THE REACH OF CHILDREN.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website including, but not limited to, your purchase of Online Products through this Website. This Agreement constitutes the entire and only agreement between you and DREAM SMOKE with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Website, the content contained therein and/or the analyses, research, opinions and other information provided by or through the Website. DREAM SMOKE may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued use of the Website following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement posted at the time of your purchase. DREAM SMOKE is not responsible or liable in any manner whatsoever for your inability to use the Website and/or obtain any Online Products. The Website and Products offered are available only to individuals who are at least eighteen (18) years of age and can enter into legally binding contracts. DREAM SMOKE reserves the right, in its sole discretion, to deny any order of anyone at any time and for any reason, whatsoever. You certify that you are eighteen (18) years of age and agree to provide true, accurate, current and complete information when prompted for such information.
In consideration for the Products you order from DREAM SMOKE, you agree to pay the sums listed set out on the order page. You shall have the choice to pay with a credit card or debit card. DREAM SMOKE's authorization to provide and bill you is obtained by way of your electronic signature. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. DREAM SMOKE's reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. All prices provided do not include collection of sales or other taxes required by your state.
- Authorization to Charge Debit or Credit Card:
- No Resale or Distribution rights:
By placing your order, you authorize DREAM SMOKE to charge your credit or debit card accordingly. This authorization shall remain in effect until and unless you have cancelled future orders of the products as set forth in this Agreement. The descriptor that appears on your credit card or debit statement will refer to DREAM SMOKE.
You may not resell any product ordered from DREAM SMOKE nor may you act as a distributor of any product purchased from DREAM SMOKE.
3. Product Return Policy
We are committed to serving the needs of our customers. As User's satisfaction is extremely important to us, please first carefully review the below outlined information. If you have any further questions please either call our Customer Service Team at 844-289-3732 or visit our Refunds FAQs page or our Warranty Policy page.
Lifetime Limited Warranty: DREAM offers a warranty, only to the original purchaser of our products, and only from a DREAM authorized reseller or distributor, that DREAM products will be free from defects in material and workmanship under normal use for three years after the purchase date. This warranty does not cover any defects caused by:
- repair, modification, alteration or service of this product by any persons or company other
- physical abuse or misuse of the product in a manner inconsistent with the use dictated in the
- any use of the product other than that for which it was intended.
This warranty also does not cover the cost of shipping the product back to DREAM more than 30 days after the purchase date.
After 30 days, products cannot be returned for a refund. Therefore, subsequent to 30 days following the purchase date of a product, the User's exclusive remedy will be
replacement or repair of the product, under this warranty.
Subject to the above warranty, in the event that User's DREAM device fails to operate satisfactorily, please call our Customer Service Team at 844-289-3732, or follow these 3 easy steps:
- Email our Customer Service Department at support@DREAMSMOKE.COM in order to receive an approved, Return Merchandise Authorization Number (RMA#). Please type in “Request for Return Authorization Number” in the email subject line. In the body of the email, please include Your (a) full contact information, including Your first and last name and/or company name, (b) order number,(c) purchase date, (d) telephone number, (e) fax number if applicable, (f) email address which was used when ordering the product, (g) shipping address to which the original order was sent to and (h) the reason for the return, providing a detailed explanation of the problem with the device and/or any of its components. All of this information is essential for processing a User's request, we will not be able to issue a refund if we lack any of the above information.
- Within two working days of our receipt of your “Request for RMA” email, our Customer Service Department will review the information you have provided, and email you back with a unique Return Merchandise Authorization Number (RMA#). Please do not send any product to us until you have received the RMA#. Once you have received an RMA#, please securely package the product and/or components, and include within the package a copy of the email from our Customer Service Department with the RMA#. If you are experiencing an issue with a product component only, please do not send us your entire kit. Mail any product returns to the following address:
16045 Sherman Way #H67
Van Nuys, CA 91406
- Once our Customer Service Department has received your returned product, we will send you an email confirming our receipt, our email to you will include an estimated time of
delivery of the replacement DREAM product and/or components.
Please note that we can only refund customers who send back complete packages with all contents with a valid RMA#, provided that a request for refund is made to our Customer Service Department, along with shipment of product within 30 days of your purchase date. Please notify us If there is a discrepancy in your order within a week of receiving the
product, so we can rectify the situation.
Any express warranty not provided herein, and any remedy which other than the warranty contained herein that might arise by inference or operation of law, is hereby excluded and disclaimed including the implied warranties of merchantability and of the fitness for a particular purpose.
4. Shipping Terms:
Shipping is calculated automatically by the shopping cart calculator on DREAMSMOKE.COM. Free
Shipping applies to domestic shipments only. If you have any further questions please
check our Shipping FAQs page or call our Customer Service Team at 844-289-3732.
4.1. US Orders. All U.S. orders are shipped via USPS Priority Mail, FedEx, or UPS Standard with Tracking and Delivery Confirmation by the end of the next business day. Packages are delivered in an AVERAGE of 5-7 business days to any destination within the United States. USPS also offers Saturday delivery in many areas within the U.S. If you are in the USA and have not received your order within 5-7 days from your purchase date, please contact our customer care department to request a reshipment of your order. If you entered the wrong address on our order form and we are forced to reship your package, there will be an additional shipping and handling charge equal to your original order. Contact us at 844-289-3732 to manage your order. Tracking your order is now easier, please visit a USPS, UPS, OR FEDEX website to conveniently manage the status of your order, delivery confirmation, or simply finding out the expected delivery date of Dream Smoke You have been waiting for!
4.2. International Orders. All International orders are shipped via USPS First-Class Mail + Delivery Confirmation OR UPS Standard by the end of the next business day. International packages are delivered in an AVERAGEof 7-14 business days to any destination, sometimes longer. Please note: International custom ers are responsible for paying any taxes, duties, or other fees assessed upon importation by the customs agency of the destination country. If the recipient refuses to pay required import taxes/duties, the customs agency may prevent delivery and return or destroy the package. We do not accept responsibility for shipments delayed or denied entry by customs. If you have not received your order within fourteen (14) days from your purchase date, please contact our customer care department to request a reshipment of your order. If you entered the wrong address on our order form and we are forced to reship your package, there will be an additional shipping and handling charge equal to your original order. Contact us to manage your order.
4.3 General Shipping Policies. We are committed to delivering your order to you in an expeditious manner. If you have any questions or concerns regarding the status of your order please. Contact us at 844-289-3732 to manage your order. Please note delivery times can vary due to many different factors which are sometimes beyond our control. Delivery times are not guaranteed. Delivery estimates do not indicate all packages will arrive within this time frame or that a package is late or lost if it has not arrived within the time frame listed. However, in most cases, orders will arrive within or before these time estimates. Be aware these are AVERAGE TIME ESTIMATES not guarantees:
We try to ship all orders on the following business day. We are doing all we can to deliver your package to you in an expeditious manner. We also suggest you submit a postal address with a secure drop off location when placing your order.
Under all circumstances you will be responsible to pay the shipping and handling charges for returns after 30 days. You agree that we can charge your credit card for shipping and handling charges, and you will pay such amount(s). No refunds are provided for shipping and handling charges after 30 days.
5. Disclaimer of Warranties.
THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, DREAM SMOKE MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DREAM SMOKE IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DREAM SMOKE OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
6. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DREAM SMOKE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF DREAM SMOKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE FAILURE TO RELALIZE ANY SPECIFIC RESULT FROM USE OF THE PRODUCT OR HEALTH-RELATED OUTCOME; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE DREAM SMOKE FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF DREAM SMOKE TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE THE AMOUNT YOU PAID FOR THE PRODUCTS ORDERED AND PAID FOR ON THE WEBSITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DREAM SMOKE. ACCESS TO THE WEBSITE AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS, DREAM SMOKE LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6.1. Product Information Disclaimer.
The product information provided on the Website is intended only for residents in the United States. The Website and its links may, however, contain information about products that may or may not be available in any particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries. The products advertised on this Website have not been approved or cleared by a government regulatory body. You should not construe anything on the Website as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States.
7. Copyright and Trademarks.
All Newsletters, logos, page headers, custom graphics and icons are trademarks and/or service marks owned by DREAM SMOKE. All other trademarks, product names, DREAM SMOKE names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and DREAM SMOKE owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
7.1. Scope of Use of Copyright and Trademarks.
DREAM SMOKE maintains the Website for your personal information, education, and communication. You may download material displayed on the Website for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost or use the content of the Website for public or commercial purposes, including the text and images, without DREAM SMOKE's written permission. DREAM SMOKE makes no representation that the information in the Website is appropriate or available for use in locations outside of the United States, and access to the Website from territories where the content of the Website may be illegal or inappropriate is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
You agree to indemnify and hold DREAM SMOKE, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity.
9. Third Party Websites.
The Website may contain links to other websites on the Internet that are owned and operated by third parties. DREAM SMOKE does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by DREAM SMOKE of the applicable website or any association with the website's operators. Because DREAM SMOKE has no control over such websites and resources, you agree that DREAM SMOKE is not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that DREAM SMOKE shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such Website or any such dealings or promotions.
10. Binding Arbitration.
THESE TERMS AND CONDITIONS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE. ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS AND CONDITIONS, THE USE OF THE WEBSITE OR THE PRODUCTS SOLD ON THE WEBSITE OR THE BREACH OF THESE TERMS AND CONDITIONS AND/OR THE SCOPE OF THE PROVISIONS OF THIS ARBITRATION CLAUSE, Each Party agrees that any and all disputes that may arise out of these terms and conditions or out of each Party's relationship with the other shall be submitted for resolution to the American Arbitration Association's (“AAA”). In agreeing to arbitrate such disputes, each Party agrees to waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final and judgment may be entered into it in accordance with the applicable law in the APPROPRIATE COURT (THE CIRCUIT COURT OR DISTRICT COURT) IN Miami Dade County, Florida. If either Party desires arbitration, it agrees to serve written notice of the arbitration with the other Party and the AAA's FLORIDA office. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT OR REMEDY TO SEEK AND/OR OBTAIN INJUNCTIVE OR OTHER EQUITABLE RELIEF OR ANY ORDER WITH RESPECT TO, AND/OR TO ENJOIN OR RESTRAIN OR OTHERWISE IMPAIR IN ANY MANNER, THE PRODUCTION, DISTRIBUTION, EXHIBITION OR OTHER EXPLOITATION OF OUR MARKETING ,ATEROA;, PRODUCTION OR PROJECT RELATED TO US OR ANY OF OUR AFFILIATES, OR THE USE, PUBLICATION OR DISSEMINATION OF ANY ADVERTISING IN CONNECTION WITH OUR PRODUCTS OR SERVICES OR OTHER PROJECTS. This provision shall remain in full force and effect notwithstanding any termination of your use of our website.
IF YOU WISH TO VOID THIS BINDING ARIBTRATION PROVISION, YOU MUST NOTIFY OF US OF YOUR INTENT TO VOID THIS PROVISION WITHIN THIRTY (30) DAYS OF YOUR USE OF OUR WEBSITE. OTHERWISE, YOU WAIVE ANY AND ALL DEFENSES TO THIS SECTION 8, BINDING ARIBTRATION.
11. No Class Actions.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. This is a material condition to use of our website and purchase of our products.
12. Waiver of Jury Trial.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TOS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS PARAGRAPH, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of our website.
13. Shortened Statute of Limitations.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PRODUCTS SOLD THROUGH THIS WEBSITE OR OTHERWISE RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE THE CAUSE OF ACTION ACCURES AND OTHERWISE IS PERMANENTLY BARRED.
14. General Provisions.
The Agreement shall be treated as though it were executed and performed in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of law principles. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and us and governs your use of our website and the purchase of our products. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. You may not assign any of your rights under this Agreement, and any such attempt will be void. No third party is a beneficiary of this Agreement.
15. Contact Us.
If you have any questions about the Agreement or about the practices of DREAM SMOKE, please feel free to contact us at 844-BUY-DREAM or firstname.lastname@example.org