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Terms of Service

Effective: November 1, 2011. © 2011 Multiverse Commerce LLC

The following Terms of Service and any other rules posted on our Site (collectively the "TOS") constitute an agreement between MULTIVERSE COMMERCE LLC ("MULTIVERSE", "we", "our", "us") and you, the visitor, governing your access and use of all content and functionalities available at the ItalianSmokes website, related micro-sites accessed through the URL www.ItalianSmokes.com, related domain names, and any other website or microsite of MULTIVERSE (collectively the "Site").

By visiting the Site, you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.

Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about MULTIVERSE's Privacy Policy before you register to use this Site or any of this Site's services.

Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.

REGISTRATION

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following email address: info@multiversecommerce.com. We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify MULTIVERSE immediately of any breach of security or unauthorized use of your account. Although MULTIVERSE will not be liable for your losses caused by any unauthorized use of your account, you may be liable for MULTIVERSE's losses or others due to such unauthorized use.

Please refer to our Privacy Policy for information about how we use your data.

ELIGIBILITY TO PURCHASE

The purchase of merchandise through any MULTIVERSE store is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the Commonwealth of Massachusetts.

In order to make purchases on the Site you will be required to provide your Personal Information. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the MULTIVERSE terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to MULTIVERSE, and who have authorized MULTIVERSE to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. MULTIVERSE reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where MULTIVERSE feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

ORDERS

All orders are subject to acceptance and availability, and items in your shopping cart are not reserved and may be purchased by other customers, until your order is completed and payment for your order has been received by MULTIVERSE.

MULTIVERSE offers products for sale that are in stock and available for dispatch from one of our distribution centers. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to MULTIVERSE. MULTIVERSE will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at MULTIVERSE. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.

MULTIVERSE will store a record of your transactions for a minimum of one year.

PRICING POLICY

Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to the Massachusetts and Pennsylvania where applicable. No other tax or import duty will be applied to orders shipped within the USA.

All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

All international orders are fulfilled DDU (Delivery Duty Unpaid). As a result, customers purchasing from a foreign country will not incur relevant import duty and tax during their purchase from MULTIVERSE, but will be charged only for the items purchased, any applicable U.S. taxes, and shipping costs. When purchasing for delivery to a foreign country, any import duty or tax costs may be invoiced to you directly from Fedex or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card, or other payment instrument accepted by MULTIVERSE, is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and MULTIVERSE will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the Commonwealth of Massachusetts, USA, and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TOS.

Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT

Payment can be made by Visa, MasterCard, American Express, Discover, and any other methods which may be clearly advertised on the site from time to time. Payment will be debited and cleared from your account upon completion of the packing of your order by MULTIVERSE. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.

If the issuer of your credit/debit card refuses to authorize payment to MULTIVERSE, we will not be liable for any delay or non-delivery.

Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we will notify you by email immediately. Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Authorize.net, a secure online payment gateway that encrypts your card details in a secure host environment. Even if you are a registered MULTIVERSE user, we will never store your credit/debit card details on our systems. These details are fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple and secure, MULTIVERSE uses Secure Socket Layer (SSL) technology.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of gross negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

GIFT CERTIFICATES

MULTIVERSE Printed and Virtual Gift Certificates are sold subject to the following terms and conditions:

- Gift Certificates expire one (1) year after purchase.
- Gift Certificates can be redeemed against all products on the Site.
- Gift Certificates are non transferable and may not be returned or redeemed for cash (except as required by law).
- If your order total is less than the value of the Gift Certificate, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Certificate balance online via the Redeem Gift Certificate page in the Gifts menu.
- If your order exceeds the value of the Gift Certificate and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
- If you return products you have purchased using a Gift Certificate, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online the Redeem Gift Certificate page in the Gifts menu.
- Virtual Gift Certificates will be emailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
- MULTIVERSE is not liable for delivery of a Virtual Gift Certificate to an incorrect or non-existent email address, this is the sole responsibility of the purchaser.
- MULTIVERSE is not responsible if a Gift Certificate is lost, stolen, destroyed or used without permission.
- MULTIVERSE reserves the right to cancel a Gift Certificate if we deem such action necessary.
- Promotion codes cannot be applied to the purchase of Gift Certificates with the exception of free shipping codes which can be applied to Printed Gift Certificates orders.
- Sales tax and shipping is applicable on any products purchased with a MULTIVERSE Gift Certificate.
- Shipping is applicable on Printed Gift Certificates.

PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

INSURANCE AND DELIVERY

MULTIVERSE insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We may require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by MULTIVERSE, and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, MULTIVERSE are not responsible for any delays caused by destination customs clearance processes.

RETURNS AND EXCHANGES

Receiving Your RMA

If you wish to return an item, a Returns Merchandise Authorization (RMA) number should be requested online within 15 calendar days of receiving your order. Please refer to our FAQ for details on how to request an RMA.

Exchanges

Please note you can only exchange items for a different size or option, if applicable, and only based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.

Our Return Policy

Items should be returned unopened, unused and with all tags still attached. Returns that are damaged or in any way rendered unfit for sale (e.g. soiled) may not be accepted and may be returned to the customer. Consumable goods which have been consumed even partially cannot be returned.

All items returned should have a Return Merchandise Authorization (RMA) number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.

Faulty Goods

Goods are faulty if they are received damaged. Items that are damaged as a result of normal use, wear and tear are not considered to be faulty.

If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, if applicable, and subject to availability. Where possible, we may offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including MULTIVERSE Software and all HTML and other code contained in this Site, shall remain at all times vested in MULTIVERSE and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by MULTIVERSE and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

CONTENT

In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. MULTIVERSE tries to ensure that the information on this site is accurate and complete. MULTIVERSE does not warrant or represent that MULTIVERSE's Content is accurate, error-free or reliable or that your use of MULTIVERSE's Content will not infringe rights of third parties. Your use of the Web Site is at your risk. MULTIVERSE does not warrant that the functional aspects of the Web Site or MULTIVERSE's Content will be error free or that this Web Site, MULTIVERSE Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site, or MULTIVERSE's Content results in the need for servicing or replacing property, material, equipment or data, MULTIVERSE is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. MULTIVERSE and its suppliers make no warranties about MULTIVERSE Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. MULTIVERSE reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that MULTIVERSE is not liable to you or any third party for any such withdrawal.

Opinions expressed on MULTIVERSE are the personal opinions of the authors and do not reflect the views of MULTIVERSE. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to MULTIVERSE a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hrs to be displayed but MULTIVERSE does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail info@multiversecommerce.com. MULTIVERSE reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.

The personal opinions of the manufacturer whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of MULTIVERSE and we accept no responsibility for any such views expressed in any media.

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR ACTIVITY

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.

You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
THIRD PARTY

We may include hyperlinks on this Site to other websites or resources operated by parties other than MULTIVERSE, including advertisers. MULTIVERSE has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

LIMITATION OF LIABILITY

While MULTIVERSE will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the Commonwealth of Massachusetts.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.

INDEMNIFICATION

At our request, you agree fully to defend, indemnify and hold harmless MULTIVERSE immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact our Copyright Agent as follows:

MULTIVERSE COMMERCE LLC
101 Federal Street Suite 1900
Boston, MA 02110

GENERAL LEGAL TERMS

(a) Complete Terms: The TOS constitute the whole legal agreement between you and MULTIVERSE and govern your use of the Services and completely replace any prior agreements between you and MULTIVERSE in relation to the Services. Notwithstanding the foregoing, you understand that MULTIVERSE may make changes to the TOS from time to time. You agree that MULTIVERSE is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.

(b) Modifications to the Services: MULTIVERSE is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which MULTIVERSE provides may change from time to time without prior notice to you. You further acknowledge and agree that MULTIVERSE may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at MULTIVERSE's sole discretion, without prior notice to you.

(c) Confidentiality: You understand that MULTIVERSE grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MULTIVERSE reserves the right to revoke these exceptions either generally or in specific cases.

(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that MULTIVERSE has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which MULTIVERSE may suffer) of any such breach.

(e) Rights Not Waived: You agree that if MULTIVERSE does not exercise or enforce any legal right or remedy which is contained in the TOS (or which MULTIVERSE has the benefit of under any applicable law), this will not be taken to be a formal waiver of MULTIVERSE's rights and that those rights or remedies will still be available to MULTIVERSE.

(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.

(g) Governing Law: The TOS, and your relationship with MULTIVERSE under the TOS, shall be governed by the laws of the Commonwealth of Massachusetts. You and MULTIVERSE agree to submit to the exclusive jurisdiction of the Commonwealth of Massachusetts courts in Boston, Massachusetts, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.

(h) Violation of TOS: Please report any violations of the TOS by emailing info@multiversecommerce.com.

(i) Independent Relationship: You and MULTIVERSE are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and MULTIVERSE. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.