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Returns Policy

ALL SALES OR ORDERS OF ANY PRODUCTS OR GOODS MANUFACTURED OR DISTRIBUTED BY NICSTICK, HEREIN AFTER REFERRED TO AS “NICSTICK” AND/OR “YOUNG BUSINESS SOLUTIONS, INC”, “DISTRIBUTOR” OR “SELLER” ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN

Any purchase order received from Customer is expressly subject to Customer’s agreement to these Terms and Conditions. Any conflicting or additional terms and conditions proposed by the Customer are expressly rejected.

These Terms and Conditions shall govern any terms or conditions proposed by Customer that conflict with or purport to amend or alter these Terms and Conditions. The purchase order plus these Terms and Conditions shall constitute an agreement between Seller and Customer if approved in writing by Seller in its sole discretion (hereinafter called the “Agreement”).

NicStick provides a product guarantee on products manufactured or distributed by NicStick and sold in the United States with the following exceptions:

  1. 1. Expired products
  2. 2. Products with store stickers
  3. 3. Open, damaged or partially used products
  4. 4. Discontinued and/or outdated products.

 

LIMITED PRODUCT WARRANTY

  1. 1. NicStick will work closely with Smoker Friendly to identify products that are slow moving and swap those out (i.e. Exchange”) for one of our better selling SKU(s).
  2. 2. In order to determine an accurate count of products that Smoker Friendly wants to return for credit Seller requires the following:
    • a. List of returning products that are not expired, outdated/discontinued and not opened or damaged. Seller asks that Smoker Friendly stores verify and confirm their inventory count to ensure it matches the products listed for return in the system to Seller, lists all expired product on returns form and meets the criteria listed above.
    • b. We require that products that are not discontinued or expired by NicStick or Smoker Friendly’s, first are discounted for at least 45 days and attempt to sell through existing inventory prior to asking for return or exchange authorization.
    • c. If the MSRP price of products sold in stores 10% or more higher than suggested retail price, NICSTICK cannot guarantee those products any price sold over NicStick’s MSRP.
  3. 3. Buyback- if State and/or Federal restrictions do not allow Smoker Friendly to resale NICSTICK products in their jurisdiction, NicStick will exchange (“swap out”) all products at a dollar-for-dollar value or buy product back (restrictions on returns apply to unexpired, unused and undamaged products) as listed herein.
  4. 4. Dead stock/Non-moving sku’s: any products that do not sell in Smoker Friendly stores over a period of at least 90 days and Smoker Friendly wants the option to swap out product for a new sku, NicStick will swap out/credit account equal to the amount of non-moving sku(s).
  5. 5. Once all returned products are received and verified by Seller in writing, a Credit for those products will be processed within the following 60 workdays after completion of verification and count. Returns will be a combination of credits and swapout per Sean Musgrave (Smoker Friendly’s Management Team) expressed (verbally or in writing) approval.

NICSTICK is an authorized distributor or seller of the following Companies (Manufacturers) or brands:

Savage Enterprises

Global Widget, Hemp Bombs/Mystic Labs

STNR Creations

LIMITED PRODUCT WARRANTY:

Seller warrants that the Goods contain no more than 0.3% THC.

DISCLAIMER OF ALL OTHER WARRANTIES: SELLER MAKES NO WARRANTY WHATSOEVER OTHER THAN THE LIMITED PRODUCT WARRANTY CONTAINED IMMEDIATELY ABOVE. THE LIMITED PRODUCT WARRANTY IS EXPRESSLY IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED, AND CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT CUSTOMER IS NOT RELYING ON ANY OTHER REPRESENTATION OR WARRANTY. In no event shall Seller be liable for, and Customer shall indemnify and hold Seller harmless from, (1) any damages, direct, indirect, general, special, incidental, or consequential arising out of, in connection with, or resulting from the Goods sold under the Terms and Conditions Agreement (AND WHETHER OR NOT ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM SELLER’S NEGLIGENCE OR OTHERWISE), and (2) any and all claims, actions, suits and proceedings which may be instituted in respect to the foregoing, including those made by subsequent owners or users of the Goods.

CLAIMS: Claims by Customer against Seller for breach of the Limited Product Warranty above or for missing or damaged Goods must be made, if at all, by notice given to Seller in writing within fifteen (15) days after arrival of the Goods at the “Ship to Address” on the product Order form or website: www.NicstcikOrder.com . Customer shall provide, together with Customer’s claim, the information in Customer’s possession or control to support Customer’s claim. Seller shall not be liable for any claim made by Customer after such fifteen (15) day period.  

LIMITATION OF REMEDIES: IF CUSTOMER GIVES SELLER NOTICE OF A CLAIM FOR BREACH OF THE LIMITED PRODUCT WARRANTY OR FOR DAMAGED OR MISSING GOODS, AS REQUIRED ABOVE, SELLER WILL INVESTIGATE CUSTOMER’S CLAIM. CUSTOMER’S SOLE REMEDY FOR A BREACH OF THE LIMITED PRODUCT WARRANTY OR FOR MISSING OR DAMAGED GOODS SHALL BE, AT SELLER’S SOLE DISCRETION, (1) A REPLACEMENT OF THE GOODS THAT DO NOT MEET THE LIMITED PRODUCT WARRANTY OR THAT ARE LOST OR DAMAGED, OR (2) A REFUND OF THE PURCHASE PRICE PAID BY CUSTOMER FOR SUCH GOODS. NOTHING HEREIN SHALL ELIMINATE OR LIMIT SELLER’S RIGHT TO DISPUTE, IN GOOD FAITH, CUSTOMER’S CLAIM FOR BREACH OF THE LIMITED PRODUCT WARRANTY OR FOR MISSING OR DAMAGED GOODS. SELLER SHALL HAVE NO RESPONSIBILITY FOR DAMAGE RESULTING FROM CUSTOMER’S IMPROPER STORAGE OR MISUSE OF THE GOODS OR FROM CUSTOMER’S NEGLIGENCE OR INTENTIONAL MISCONDUCT.

INDEMNIFICATION: Seller shall not be liable for any property damage whatsoever or, except as expressly provided in these Terms and Conditions above, claims of any other kind.

RESALE:  These Terms and Conditions shall be binding upon Customer and all subsequent owners or users of the Goods.

TERMS OF PAYMENT: All payments are due thirty (30) days after the date of Seller’s invoice. All credit terms requested for new accounts, and by existing customers who have previously been extended credit terms, are subject to credit approval in Seller’s sole discretion. In the event that the Customer is late in payment of any invoice, Seller may withdraw any credit terms previously provided to Customer, and Seller may require full or partial payment prior to shipment. Seller may require Customer to provide current financial information and credit references to Seller at any time or times. Customer’s failure to deliver current financial information or credit references within 10 days after Seller’s request shall constitute reasonable grounds for Seller to suspend performance of its obligations under the Terms and Conditions Agreement and to withdraw any credit terms previously offered to Customer. If Customer’s financial condition is not satisfactory to Seller at any time, in Seller’s sole discretion, Seller may cancel an approved purchase order or require full or partial payment in advance of shipment, or such other assurance of payment as Seller may require in its sole discretion including, without limitation, advance payment, the furnishing of a letter of credit or personal guaranty, wire transfer, or cashier’s check on delivery. Payment is considered as having been made on the date payment is received by Seller. Interest on any past due payment or part thereof, shall accrue at the rate of [one percent (1%)] per month, or if such interest rate exceeds the maximum contract rate allowed by applicable law, then at the maximum lawful contract rate applicable from time to time.

ACCEPTANCE OF ORDERS:  All purchase orders are subject to and shall be effective only upon (1) acceptance of these Terms and Conditions by Customer.

TITLE AND RISK OF LOSS: Title to and risk of loss of all Goods purchased hereunder shall pass to Customer upon delivery to Customer’s Ship to Address. No subsequent loss of or damage to the Goods shall affect Customer’s obligations under the Agreement.

FORCE MAJEURE: Seller shall not be liable for any delay or failure to perform its obligations under the Terms and Conditions Agreement due to any cause beyond its reasonable control, including without limitation, fire, weather, other act of God, accident, act of public enemy, war, rebellion, insurrection, strike, lockout, work slowdown, or similar industrial or labor action, sabotage, act of terrorism, transportation delay, shortage of raw material, energy or machinery, acts or omissions of Customer, or the order or judgment of any federal, state, local, or foreign court, administrative agency, or other government tribunal, office, or body.

CHANGE OF LAW:   If there is a change in any state or federal law, regulation or rule interpretation thereof, which affects these Terms and Conditions, the activities of either party or Goods sold by the Seller to the Customer under these Terms and Conditions, the Seller shall not be held liable. The Seller, at its sole discretion, may provide relief to the Customer.

CHANGES, CANCELLATIONS AND RETURNS:  : Purchase orders accepted by Seller are not subject to changes or cancellation by Customer, except with Seller’s prior written consent. Any special order, or order that is subsequently changed or cancelled, is subject to payment of Seller’s fees and costs including, without limitation, ingredient costs, and labor services at Seller’s cost, plus Seller’s standard overhead rate, anticipated profit, and loss on ingredients purchased or on contract for the completion of the purchase order. All returned Goods must be authorized in advance by an authorized Seller representative and Customer will pay to Seller a 25 % restocking fee.

ERRORS:  Stenographic or clerical errors by or for Seller in the Agreement are subject to correction by Seller.

TAXES: Unless otherwise specifically stated in the purchase order form, prices do not include any sales, use, tobacco or other excise taxes on the Goods, and the Customer will be responsible for all of such taxes.

ASSIGNMENT:  Customer may not assign any of its rights or delegate any of its obligations under these Terms and Conditions Agreement without the prior written consent of Seller. These Terms and Conditions Agreement shall be binding upon the parties thereto, their heirs, permitted assigns, and successors in interest.

WAIVERS: A waiver of any breach of any of the provisions of the Agreement must be in writing and executed by the party granting the waiver. Any waiver shall be effective only to the extent expressly provided in the waiver.

NOTICES: Any notice to a party required or permitted to be given under the Agreement shall be sufficient, if in writing, and sent by registered or certified mail, return receipt requested, as follows: (1) if to Seller, at 1830 Angus Lee Drive Lawrenceville, GA 30045, Attention: NicStick; or (2) if to Customer, unless otherwise agreed to by Seller in writing, to Customer’s Ship to Address.

ATTORNEY’S FEES: Upon the occurrence of any breach of any of the terms of these Terms and Conditions Agreement by Customer, or if an invoice to Customer is not paid when due, or it becomes necessary to enforce or defend the Agreement, Customer agrees to pay all of Seller’s legal fees and costs of collection, enforcement, or defense, including, without limitation, Seller’s attorneys’ fees and costs, whether incurred in or out of court, on appeal, in Bankruptcy Court, or otherwise.

ENFORCEABILITY:  The invalidity or unenforceability, in whole or part, of any portion of the Agreement including, without limitation, these Terms and Conditions, shall not affect the remainder of the Agreement.

CHOICE OF LAW AND VENUE: The Agreement shall be governed by the laws of the State of Georgia without regard to any choice of law principles or rules that would result in the application of the laws of any other jurisdiction. Venue for any litigation arising under or related to the Agreement, the Goods purchased thereunder, or any dealings between the parties arising from or related to any of the foregoing, must be commenced solely in a court of competent jurisdiction located within Gwinnett County, Georgia. Neither party shall object to the forum as being inconvenient.

WAIVER OF JURY TRIAL: Seller and Customer each hereby waive the right to trial by jury in any action related to or arising from THE Terms and Conditions AGREEMENT, the goods purchased under The Terms and Conditions Agreement, any dealings between the parties, or any acts or course of conduct related to any or all of the foregoing.

Young Business Solutions, Inc. d.b.a. NICSTICK

Ship to:

220 Brady Walk
Lawrenceville, GA 30046

Please ship and enclose the following: Filled out return form with the information including name, address, contact phone number and the defective item(s) list, cost, expiration date and lot numbers. Do not send back any of the non-Warrantied items.

Have questions? The NicStick Customer Loyalty Team (NCLT) is happy to help!

Call 1.888.707.3244 M-F from 9:30am-5:30pm EST: e-mail to: support@nicstickshop.com