Tuesday night

Now the electronic cigarette company is apparently trying to scam me, unfortunately. (They made two charges on my Visa yesterday, one for $29.95 and the other for $89.95, without forewarning or any explanation.) I have notified the bank and also TPM, where I bought the device through an ad on their site. Note that there are no terms specified (but an asterisk). I'd been waiting for some clarification. Are we now supposed to assume that when there is an asterisk with no footnote, we should beware? (I guess.) It really didn't register with me at the time I ordered the thing. I don't expect something for nothing (and it wasn't nothing), but this was deceptive. I've notified the bank. I'd been really gung-ho about this device, as I'd seen them reported about on TV.

The product I received was defective as well. Tonight I wrote them this (redacted):

Ladies and gentlemen:

Last Friday, October 30, I received the Smoke51 electronic cigarette kit I had ordered at the beginning of the month and attempted to operate it according to the instructions enclosed with it. Unfortunately, the cigarette failed to function properly -- it would not produce vapor. Apparently the atomizing unit is defective. I wrote an email that night and sent it to you, as follows:

The following inquiry has been sent to Smoke Anywhere USA, Inc.:

~~~~~~~~~~~~~~~~~~~~~~~~~~
Customer Name: ______________
Customer Email: ________________
Topic: Other
Subject: Cigarette broken
Inquiry:
Today I received the Fifty-One Trio that I purchased earlier this month and was pleased with its appearance. After making sure the battery was charged (green light on), I have repeatedly attempted to get the cigarette to produce vapor (smoke) and none is produced. I have even tried inserting a different cartridge/filter and still no smoke. It appears that the Atomizing Device is defective and is not producing any heat to atomize the nicotine solution. It is screwed in according to instructions. The tip (Indicator Light) lights up red, as per the instructions, but no smoke.

Apparently I need a replacement Atomizing Device. Please instruct me on how I should proceed. I live in the Miami area.

Thank you.

Thus I have not be able to use or try the product in order to ascertain whether I like the product or would consider using it in the future. As I have not received a reply to my email, I am requesting a return authorization number.

According to your policy, I am providing the following information:

(a) Full contact information:
______________________

(b) Order number: Don't have it but it was charged to my Bank of America Visa on 10/1/09. The card number was __________________ and has since been changed to another number. You must have the number in your records. Meanwhile I'll search for it in my emails.

(c) Purchase date: The "transaction date" according to Bank of America is 10/1/09.

(d) Telephone: _______________________

(e) Fax: __________________

(f) Email address: __________________________________

(g) Shipping address:
_______________

(h) Reason for return: The device is defective in that it does not emit vapor, as the instructions indicate that it is supposed to. The liquid in the cartridge is not being vaporized.

Today I notified my bank about your charges to my Visa, including the charge of the defective product on 10/2 (and also two charges as of yesterday (11/2/09) for $29.95 and $89.95, respectively), and they instructed me to notify them about this in writing, which I am doing by copy of this email. As I have been unable to use or try the product -- since I received it only last Friday, in defective condition -- I have been unable to evaluate it and have no basis on which to make any decision as to whether I would like to use the product.

As for shipping the product "to the above indicated address within 30 days from your purchase date," this would have been a practical impossibility, as I received the product on Friday, 10/30, the last business day of the month (one month from the purchase date falling on Sunday, 11/1).

Thank you for your attention. I hope you will resolve this as soon as possible.

Sincerely,

(This company is based in South Florida, by the way.)