Terms & Conditions

Agreement Between User and The Pipe Guys, LLC

Welcome to thepipeguys.com. The thepipeguys.com website (“Site”) is comprised of various web pages owned and operated by The Pipe Guys, LLC (“The Pipe Guys”). Thepipeguys.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices (“Terms”) contained herein. Your use of thepipeguys.com constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.

Purchasing

The Pipe Guys online store (“thepipeguys.com”) does not sell tobacco or tobacco related products to anyone under the legal smoking age of the state in which they reside (18 years of age in most states). No person under their state’s legal smoking age may purchase any tobacco or tobacco related products from this Site. The Pipe Guys shall not be held liable for any ill that should befall anyone from using tobacco or tobacco related products that were purchased on this Site. The use of any tobacco or tobacco related products purchased from this Site are at the user’s own risk. Products on this site contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.

The Pipe Guys can ship non-tobacco products to any country in the world (except where prohibited by law), but there are some restrictions on the shipment of tobacco products. Below is the list of countries that The Pipe Guys are prohibited from shipping tobacco products to:

Countries:

Belarus • Belize • Bolivia • Brazil • Ecuador • Gabon • Greece • Iceland • Italy • Kazakhstan • Lebanon • Maldives • Malta • Mauritania • New Caledonia • Norway • Portugal • Russia • Sri Lanka • Ukraine • Vietnam • Wallis & Futuna Islands

Purchasing Tobacco from a Prohibited Country

If a customer places an order containing tobacco products from a country that The Pipe Guys is prohibited from shipping tobacco products to, a The Pipe Guys staff member will contact the customer within 1 business day and present them with two options:

1. The Pipe Guys will remove all of the tobacco products from the order, refund the customer for the cost of the tobacco products, and then ship the order with its remaining contents (the shipping cost will remain the same).

2. If the entire order was tobacco products, or the customer would rather cancel their order, The Pipe Guys will refund the customer the entire order cost including shipping charges.

If the customer refuses both options, or fails to respond within 3 days, the order will be cancelled and a refund for the entire order cost including shipping charges will be issued.

Age Verification

The Pipe Guys uses age verification software to ensure that every customer making purchase from thepipeguys.com is above their state’s legal smoking age. If any customer under their state’s legal smoking age purchases tobacco or tobacco related products from thepipeguys.com they will be notified that their order will not be shipped, and their entire order cost including shipping charges will be refunded.

Returns & Refund Policy

Any product purchased from thepipeguys.com can be returned for a full refund, excluding shipping costs, so long as all of the return requirements below are met.

• Contact The Pipe Guys within 14 days of receiving your product(s), and state which product(s) you would like to return.
• Include the order # you received by email when you purchased the product(s).
• Products must be returned in their original condition (i.e. undamaged, unopened, unaltered, unsmoked, etc.)
• Products must be returned in an appropriately sized box with an appropriate amount of packaging material to keep the product(s) safe during transport.
• The package must be shipped to The Pipe Guys facility, at the customer’s expense, at:

The Pipe Guys, LLC
504 Madison Avenue
Dunellen, NJ 08812

• Any damage or theft that occurs during transit from the customer to the The Pipe Guys facility is the responsibility of the customer.
• No refund can be issued for any product that is lost, stolen, or damaged during transit from the customer to the The Pipe Guys facility.
• To be free from liability due to loss, theft, or damages, it is in the best interest of the customer to insure the product being returned for the full purchase price, including any applicable taxes, and to select a tracking and signature confirmation service, or equivalent, with the courier being used to return the product to The Pipe Guys facility.

After receiving your return, The Pipe Guys staff will inspect the product to ensure that it is in its original condition. Any product received that does not fulfill all of the requirements of the return policy will be returned to the customer, and no refund will be issued.

Any customer who returns a product that meets all of the return requirements will be refunded for the full amount of the item’s selling price (excluding shipping costs). The refund will be issued through the same medium that the original payment for the product was made through (i.e. credit card, PayPal).

Tracking Orders

All orders placed on thepipeguys.com are assigned a tracking number via the courier used to deliver the specific package. This tracking number is accessible from your thepipeguys.com account homepage, if the order was completed using the customer’s thepipeguys.com account, and the electronic order receipt sent to the email address input at checkout. The tracking number allows both the customer and The Pipe Guys to track the delivery status of any purchase made on thepipeguys.com.

Lost, Stolen, or Damaged Purchases

Purchases, made on thepipeguys.com, that are either lost, stolen, or damaged between shipment from The Pipe Guys facility and receipt by the customer are dealt with on a case by case basis. It will be at The Pipe Guys sole discretion whether or not a lost, stolen, or damaged order will be refunded/replaced. Customers must contact The Pipe Guys and explain that their order has been lost, stolen, or damaged.

U.S. customers have the option of requesting Signature Confirmation with their order. The customer must enter “Signature Confirmation” in the notes section during checkout for this service to be applied. All orders with Signature Confirmation requested will incur an additional $2.20 charge. An invoice for $2.20 will be sent to the email address entered at checkout after the order has been placed. After the customer pays this invoice, the order will be considered paid in full and will be shipped with Signature Confirmation. Any lost or stolen orders that shipped with Signature Confirmation will be refunded or replaced by The Pipe Guys.

Pipe Guys Points

All thepipeguys.com registered customer accounts will accrue Pipe Guys Points for every thepipeguys.com purchase. Upon purchase of each order, the customer’s account will be credited with the number of Pipe Guys Points equivalent to the number advertised during checkout, which is based on the dollar value of the customer’s cart. Pipe Guys Points may only be redeemed for the purchase of products from thepipeguys.com and may not be used for the purchase of gift cards or services.

Pipe Guys Points are not transferable and may not be combined with Pipe Guys Points belonging to other customers. At no time may you purchase, sell or barter any Pipe Guys Points. Pipe Guys Points have no cash value. They are promotional in nature and are issued without any exchange of money or value from the customer. As such, Pipe Guys Points do not constitute property and the customer does not have a vested property right or interest in The Pipe Guys.

The Pipe Guys reserves the right at any time, at our discretion, and without prior notice to discontinue the Pipe Guys Points program, or to add or change Pipe Guys Points program rules, terms or conditions, or values for existing or future Pipe Guys Points. We reserve the right to void Pipe Guys Points earned if we suspect that the Pipe Guys Points were earned in a fraudulent manner, in a manner that violates these Terms, or in a manner otherwise not intended by The Pipe Guys.

The use of Pipe Guys Points is void where prohibited by law. Should there be any tax liability for the accumulation and/or use of  Pipe Guys Points, such taxes are the customer’s sole responsibility. The Pipe Guys will have no liability for any errors displayed in a the customer’s thepipeguys.com account. If the customer’s thepipeguys.com account is terminated for any reason, any Pipe Guys Points in the customer’s account may be cancelled, except as prohibited by law. Account balances are determined by The Pipe Guys and such determination is final.

Electronic Communications

Visiting thepipeguys.com or sending emails to The Pipe Guys constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Pipe Guys is not responsible for third party access to your account that results from theft or misappropriation of your account. The Pipe Guys reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

The Pipe Guys does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use thepipeguys.com only with permission of a parent or guardian.

Links to Third Party Sites & Services

Thepipeguys.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Pipe Guys and The Pipe Guys is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. The Pipe Guys provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by The Pipe Guys or any association with its operators.

Certain services made available via thepipeguys.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the thepipeguys.com domain, you hereby acknowledge and consent that The Pipe Guys may share such information and data with any third party with whom The Pipe Guys has a contractual relationship to provide the requested product, service or functionality on behalf of thepipeguys.com users and customers.

Unlawful or Prohibited Use/Intellectual Properties

You are granted a non-exclusive, non-transferable, revocable license to access and use thepipeguys.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Pipe Guys that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Pipe Guys or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Pipe Guys content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Pipe Guys and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Pipe Guys or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with the public at large or with a group. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, or unlawful materials, topics, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The Pipe Guys has no obligation to monitor the Communication Services. However, The Pipe Guys reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Pipe Guys reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Pipe Guys reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at The Pipe Guys’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your family in any Communication Service. The Pipe Guys does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Pipe Guys specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The Pipe Guys spokespersons, and their views do not necessarily reflect those of The Pipe Guys.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to ThePipeGuys.com or Posted on any The Pipe Guys Web Page 

The Pipe Guys does not claim ownership of the materials you provide to thepipeguys.com (including feedback and suggestions) or post, upload, input or submit to any The Pipe Guys Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Pipe Guys, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. The Pipe Guys is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at The Pipe Guys’ sole discretion. No crude, gruesome, disturbing, or pornographic text or imagery is permitted by any means on the Site, and any user who submits such content, whether knowingly or unknowingly, will be immediately banned from further use of the Site. All of the user’s previously submitted content will be permanently removed from the Site. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your The Pipe Guys account to third party accounts. By connecting your The Pipe Guys account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by The Pipe Guys from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Pipe Guys content accessed through thepipeguys.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless The Pipe Guys, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Pipe Guys reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Pipe Guys in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE PIPE GUYS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE PIPE GUYS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

THE PIPE GUYS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PIPE GUYS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PIPE GUYS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

The Pipe Guys reserves the right, at its sole discretion, to terminate your access to the Site and any related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Pipe Guys as a result of this agreement or use of the Site. The Pipe Guys’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Pipe Guys’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Pipe Guys with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Pipe Guys with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and The Pipe Guys with respect to the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

The Pipe Guys reserves the right, at its sole discretion, to change the Terms under which thepipeguys.com is offered. The most current version of the Terms will supersede all previous versions. A “last updated” date is given at the bottom of this page, at the end of these Terms, to signify the last date any changes were made to these Terms. The Pipe Guys encourages you to periodically review the Terms to stay informed of our updates, as any changes made to these Terms will only be made public via an appropriate change to the “last updated” date at the bottom of this page.

If you have any questions or comments about our Terms please get in touch with us and we’ll be more than happy to help.

August 13th 2015