Emberz Terms & Conditions

16.) ​Pickup Orders; Pickup Restrictions; Ship-Only Items

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16.1 Pickup Rules

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Pickup orders require:

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• Eligible item(s)

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• Confirmed order

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• ID verification when required

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• Compliance with posted pickup window rules

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16.2 Ship-Only Items Cannot Be Picked Up

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Certain items that must be shipped (including items sourced/produced/manufactured by third parties or items designated as ship-only) cannot be picked up in store.

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If an accommodation is requested, you must contact management. Approval is not guaranteed. If approved, shipping and handling fees still apply and must be paid.

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16.3 Pickup Completion

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Once picked up, the order is considered delivered and completed, subject to the All Sales Final policy and any limited defect review policies.

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17.) Products, Inventory, and Fulfillment Sourcing

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17.1 Inventory Not Guaranteed Until Fulfillment Confirmation

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Inventory may change rapidly. Emberz may cancel/refund if an item becomes unavailable.

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17.2 Third-Party / Drop-Ship / External Fulfillment

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Some items may ship from third-party suppliers or partners and may have different processing times, packaging, or shipment origin.

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17.3 Supplier Non-Fulfillment

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If a supplier cannot fulfill, Emberz may cancel/refund, substitute (with your consent where required), or delay. Emberz is not liable for supplier discontinuations.

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18.) Orders: Holds, The Reserve, and Availability

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18.1 Holds & The Reserve

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Holds are a courtesy service and do not guarantee purchase availability.

 

The Reserve (Free 24-Hour Product Hold) may be available for both in-store and online items depending on eligibility, fulfillment method, and availability.

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Certain products—including limited releases, third-party fulfilled items, or ship-only items—may have restrictions or may not qualify. Eligibility is determined by Emberz’s discretion and may vary by item.

 

18.2 Hold vs Layaway

 

A hold is short-term courtesy. Layaway is a payment-plan arrangement with separate rules (see Section 26 – Stash Cash Layaway Program). Holds do not create layaway rights.

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18.3 Failure to Pick Up in Time

 

If you do not pick up within the required window, Emberz may release the item and cancel the hold.

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18.4 Why Shipping and Pickup Cannot Be Mixed in One Order

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If platform limitations prevent mixed fulfillment, you must place separate orders.

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19.) Returns; Refunds; Exchanges; All Sales Final

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19.1 All Sales Final

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All sales are subject to the Emberz "All Sales Final Return & Refund Policy" unless Emberz expressly provides a limited exception, which is incorporated by reference.

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19.2 Emberz Refusal Rights:

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Emberz reserves the right to deny returns, refunds, or exchanges where abuse, fraud, or policy violations are suspected.

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19.3 Exchanges / Store Credit (If Offered)

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If Emberz offers exchange/store credit on select items or under specific conditions, it is subject to strict eligibility rules and management discretion, and does not create a general right to returns.

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19.4 Opened/Used Items

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Opened, used, altered, or damaged items are not eligible for return/exchange except as explicitly stated.

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19.5 Accidental Damage

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Accidental damage is not covered and generally does not qualify for exchange or replacement under the Emberz All Sales Final policy—unless covered under the Emberz Glass Protection Plan (Emberz Flame Guard) and approved through that process.

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19.6 Factory Defect Definition and Review​

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A “factory defect” is a manufacturer-origin issue present at time of sale (not damage from use, misuse, drops, water exposure, improper charging, modification, or normal wear).

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19.7 Time Limit to Report Factory Defects (Strict)

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Factory defects must be reported within:

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• 24 hours from purchase time for in-store purchases and online orders picked up in store, and

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• 24 hours from delivery receipt for shipped orders.

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Late reports may be denied.

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19.8 Proof of Purchase

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Proof of purchase is required for any defect review, claim, or exception consideration.

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19.9 Order Cancellations & Restocking Fees 

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Orders cancelled after processing, fulfillment, preparation, or dispatch may be subject to a delivery and restocking fee of up to $20, depending on the order status, fulfillment stage, and associated costs incurred.

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Any applicable fees may be deducted from an approved refund and are intended to cover handling, processing, logistics, and administrative expenses. Emberz reserves the right to waive or adjust fees at its sole discretion.

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20.) Payments, Disputes, and Chargebacks

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20.1 Payment Authorization & Billing

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• Payments may be authorized and captured at different times depending on fulfillment steps.

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• Payments are processed through third-party payment providers. Emberz does not store full payment card details.

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• You agree to provide valid payment information and authorize applicable charges, including taxes, fees, shipping, and recurring charges where applicable.

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20.2 Chargebacks Instead of Contacting Emberz

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If you dispute a charge with your bank instead of contacting Emberz, Emberz may:

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• Suspend support on the disputed order while investigation is pending

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• Restrict account access

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• Require additional verification for future orders

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• Treat repeated disputes, false claims, or abuse as grounds for refusal of service (see Section 35.1 – Right to Refuse Service / Remove Individuals).

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Emberz encourages you to contact Customer Support first for resolution.​

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21.) Store Credit, Gift Cards, Promotions, and Gifts with Purchase

 

21.1 Gift Cards

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Gift cards may have limitations (online vs in-store use), may be non-refundable, and may be subject to verification and anti-fraud controls.

 

21.2. Gift Cards & Store Credit

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Gift cards, digital credits, and store credits issued by Emberz:

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• Are not redeemable for cash unless required by law

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• Are non-transferable and may not be resold

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• Must be redeemed in accordance with their stated terms

 

Emberz is not responsible for lost, stolen, damaged, or unauthorized use of gift cards or store credit.

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Store credit may be issued at Emberz’s discretion for returns, promotions, or customer service resolutions and may be subject to expiration, restrictions, or revocation.

 

Fraudulent use, chargeback abuse, or policy violations may result in cancellation of gift cards or forfeiture of store credit without compensation.

 

21.3 Promotions / Coupons

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Promotions may have limits, exclusions, one-time use restrictions, expiration, product/category exclusions, and may be modified or ended at any time.

 

21.4 Gifts With Purchase

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GWP offers are limited, while supplies last, and may require qualifying items/order totals. If qualifying items are removed or canceled, GWP eligibility may be removed.

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22.) Subscriptions & Recurring Purchases

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Emberz may offer subscription-based or recurring purchase programs (“Subscriptions”).

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By enrolling, you authorize Emberz to charge your designated payment method on a recurring basis according to the disclosed frequency, pricing, and terms.

 

Subscriptions may include:

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• Automatic renewals

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• Product substitutions due to availability or regulatory requirements

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• Pricing changes with notice where required by law

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You may modify or cancel Subscriptions prior to the applicable billing cutoff. Emberz is not responsible for interruptions caused by inventory, compliance issues, payment failures, or force majeure events.

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Emberz reserves the right to modify or discontinue Subscriptions at its discretion.

 

23.) Deposits, Prepayments, & Amounts Owed

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23.1 Deposits, Prepayments, & Partial Payment​

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Emberz may require deposits, prepayments, partial payments, or full payment in advance for certain products, services, programs, events, experiences, special orders, reservations, layaway arrangements, or custom offerings.

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Unless expressly stated otherwise in writing:

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• All deposits are non-refundable to the fullest extent permitted by law.

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• Deposits may be forfeited if you cancel, fail to appear, fail to complete payment, violate policy, or do not comply with booking, pickup, or participation requirements

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• Payment of a deposit does not guarantee availability, approval, or fulfillment unless expressly confirmed by Emberz in writing.

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• Deposits may be applied toward the total balance owed where applicable

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23.2 Service and/or Order Cancellations, Changes, Fees & Surcharges 

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Requests to cancel, modify, reschedule, or change an order, booking, reservation, service, event, experience, or program participation are not guaranteed and may be subject to additional fees, surcharges, restocking fees, administrative fees, or cost recovery charges, where applicable.

 

Such fees may apply based on, without limitation:

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• The timing of the request

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• The fulfillment or preparation stage

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• Supplier or third-party costs incurred

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• Restocking, handling, preparation, or labor expenses

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• Missed appointments, no-shows, or late changes

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Any applicable fees may be deducted from deposits, prepayments, or refunds (where refunds are permitted by law). Emberz reserves the right to assess, waive, or adjust such fees at its sole discretion, subject to applicable law.

 

23.3 Right To Reallocate Deposit(s) and/or any other Prepaid Funds

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Emberz reserves the right to apply deposits toward:

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• Cancellation fees

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• Restocking, preparation, or administrative costs

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• Missed appointments or no-shows

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• Damages, losses, or policy violations where permitted by law

 

23.4 Customer Debt Settlement Responsibility

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You agree to pay all amounts owed to Emberz in connection with purchases, bookings, services rendered, layaway balances, subscription charges, event participation, or other obligations. Outstanding balances must be paid in full according to the terms disclosed at the time of purchase or booking.

 

Failure to pay amounts owed may result in:

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• Cancellation of orders, bookings, or services

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• Forfeiture of deposits or prepayments

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• Suspension or termination of accounts or program access

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• Refusal of future service

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• Collection efforts where permitted by law

 

Emberz reserves the right to modify deposit requirements, payment schedules, and eligibility criteria at its discretion, subject to applicable law.

 

Deposits and amounts owed are subject to Emberz’s discretion and enforcement rights as outlined in these Terms, including abuse prevention and refusal of service provisions.

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24.) Loyalty, Rewards & Promotions (Emberz Memberz)

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Participation in Emberz Memberz Rewards, loyalty programs, promotions, giveaways, credits, or special offers is voluntary and subject to additional terms, eligibility requirements, and program rules.

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Points, rewards, credits, gift balances, or perks:

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• Have no cash value unless explicitly stated

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• Are non-transferable and may not be resold or exchanged

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• May expire, be forfeited, or be revoked due to inactivity, abuse, suspected fraud, or account closure

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• May not be combined with other offers unless expressly permitted

 

Emberz reserves the right to modify, suspend, or terminate any rewards program, promotion, gift, or benefit at any time, with or without notice, and without liability.

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Abuse, manipulation, or exploitation of rewards systems—including multiple accounts, false information, return abuse, or fraudulent activity—may result in forfeiture of points, suspension, termination, or permanent disqualification.

 

25.) Vape Loyalty Card / Program

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Emberz may offer a vape-specific loyalty card or rewards program (the “Vape Loyalty Program”) that allows eligible customers to earn rewards based on qualifying disposable vape purchases, subject to applicable laws and program rules. 

 

Participation in the Vape Loyalty Program is voluntary and limited to individuals who meet all legal age and eligibility requirements. The program may be subject to purchase limits, exclusions, verification requirements, and regulatory restrictions.

 

25.1 Program Structure

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• Customers earn one (1) Emberz flame stamp for each eligible disposable vape purchased.

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• Buy nine (9) eligible disposable vapes, get the tenth (10th) vape free.

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25.2 Eligible Purchases (Earning Stamps)

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• All disposable vapes earn stamps, including but not limited to Airis, Al Fakher, EBCreate, Foger, Lost Mary, and equivalent disposable vape products, as determined by Emberz.

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• Rechargeable disposable vapes earn stamps but are excluded from reward redemption.

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• Emberz reserves the right to determine product eligibility, equivalency, and stamp qualification at its sole discretion.

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25.3 Reward Redemption (Free Vape)

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The free tenth (10th) vape reward is strictly limited to:

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• Stick-style disposable vapes only (Airis or equivalent)

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• Brand, model, and variant selected solely by Emberz

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Customers may not substitute, upgrade, exchange, or request alternative products. Rechargeable disposable vapes are excluded as rewards.

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Rewards have no cash value, are non-transferable, and may not be exchanged for store credit, discounts, or other products.

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25.4 Lost Cards & Replacement Policy

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Lost, stolen, or damaged loyalty cards will not be replaced with previously earned stamps under any circumstances.

If a loyalty card is lost, the customer must request a new card and restart stamp accumulation from zero.

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25.5 Missing Stamp Claims

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• Missing stamps may be added only with valid proof of purchase, and only if the qualifying purchase was made within seven (7) calendar days prior to the date the claim is submitted.

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• Claims submitted after the seven (7) day period will not be considered, regardless of circumstance.

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• Emberz reserves the right to verify purchases and deny claims where proof is insufficient, altered, or inconsistent.

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25.6 Program Limitations & Enforcement

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The Vape Loyalty Program is voluntary and subject to change or discontinuation at any time without notice.

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25.7 Vape Loyalty Program rewards, credits, punches, or benefits:

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• Have no cash value unless expressly stated

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• Are non-transferable and may not be sold, traded, or exchanged

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• May expire, reset, or be forfeited

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• May be modified, suspended, or discontinued at any time

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• May not be substituted or redeemed outside the program rules

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25.8 Abuse, manipulation, or misuse of the Vape Loyalty Program

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This includes but is not limited to false information, multiple cards, false claims, circumvention of limits, multiple accounts, attempts to exploit the reward structure, or attempts to bypass age or regulatory requirements—may result in:

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• Forfeiture of stamps or rewards

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• Suspension or termination of participation

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• Permanent disqualification from the program

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• Account restrictions,

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• Refusal of service

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All program decisions made by Emberz are final.

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26.) Stash Cash Layaway Program (General Terms)

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The Stash Cash Layaway Program is an Emberz-created, fully in-house layaway option that allows eligible Emberz Rewards Members to reserve select items and pay for them over time through incremental payments made directly to Emberz.

 

This program is not financing, not credit, and not a loan. It involves no interest, no credit checks, and no third-party lenders.

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Layaway is subject to:

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• Eligibility rules

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• Payment schedule requirements

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• Non-refundable fees where posted

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• Cancellation/forfeiture rules where posted and/or indicated 

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• Inventory availability and management approval

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• Failure to comply may result in cancellation and loss of certain benefits as allowed by law and posted rules.

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Detailed information regarding the Stash cash layaway program can be found on the Information & FAQ’s page.

 

27.) Emberz Flame Guard / Glass Protection Plan (General Terms)

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The Emberz Glass Protection Plan is an optional add-on governed by its own posted FAQ/policy rules, including: eligibility, tiers, maximum covered values, claim limits, non-transferability, approval standards, and exclusions.

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Purchasing the plan does not guarantee claim approval.

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The plan is not an insurance policy unless Emberz expressly states otherwise.

 

Claims require proof of purchase and account verification.

 

Coverage terms and pricing tiers may change.

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Detailed information regarding the Emberz Flame Guard / Glass Protection Plan can be found on the Information & FAQ’s page. 

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28.) Programs, Perks, Experiences & Special Offerings

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28.1 General Overview of Programs, Perks, Experiences, and Offerings

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Emberz offers various programs, perks, experiences, and special services, which may include but are not limited to:

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• Emberz Memberz Rewards 

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• Smoke Society community platform

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• Emberz Radio

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• Stash Plan layaway program

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• MVP Treatment requests

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• VIP Concierge requests

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• Emberz Hall of Fame

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• Emberz Unfiltered blog

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• Emberz Smoke Museum

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• Free 24-hour product hold

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• The Red List (exclusive early access and product drops)

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• Glass Protection Plan

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• Emberz-hosted events, experiences, and private or group offerings, including but not limited to hookah experiences, party packages, or special event services

 

28.2 Standards for Programs, Perks, & Offerings

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• Participation in any program, perk, experience, or offering is voluntary, does not guarantee reservation, and is subject to additional terms, eligibility requirements, posted rules, limitations, availability, capacity, approval, and Emberz’s discretion.

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• User-submitted content grants Emberz a non-exclusive, royalty-free license to display and moderate such content.

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• Certain offerings may be limited, invite-only, request-based, reservation-based, or subject to scheduling, deposits, cancellations, or minimum requirements.

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• Emberz reserves the right to modify, suspend, restrict, reschedule, or discontinue any program, perk, experience, or offering at any time, with or without notice, and without liability.

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• Benefits are not guaranteed, have no cash value unless expressly stated, and may be revoked in cases of misuse, abuse, safety concerns, or policy violations.

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• Certain events or experiences may require acceptance of a separate Assumption of Risk & Release, which is incorporated by reference.

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28.3 No Partnership or Employment Relationship

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Participation in Emberz programs, submissions, features, community platforms, or cultural initiatives does not create an employment, agency, partnership, joint venture, or fiduciary relationship between you and Emberz.

 

29.) Online Product Reviews (Moderation & Disclaimers)

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• Reviews may be public and moderated.

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• Emberz may remove reviews for policy violations, abuse, harassment, profanity, misinformation, illegal content, or manipulation.

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• Reviews are not verified or guaranteed accurate unless explicitly labeled.

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• Reviews do not replace customer support, defect review, or claims processes.

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• Emberz may revoke review privileges at any time.

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30.) The Smoke Society (Community Features)

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The Smoke Society is Emberz’s community experience designed to bring together members around culture, conversation, creativity, and shared interests connected to the Emberz brand. It is a digital-first community space that allows members to engage beyond shopping — through posts, discussions, cultural highlights, and curated content.

 

The Smoke Society is an extension of Emberz’s culture, not a marketplace.

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The Smoke Society community experience is subject to rules and moderation:

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• Emberz may monitor, moderate, restrict, remove content, and revoke access.

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• Harassment, hate speech, threats, spam, solicitation, impersonation, illegal content, and abuse are prohibited.

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• Violations may lead to removal, suspension, termination, or banning.