Terms & Conditions
THIS WEBSITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 21 YEARS OF AGE OR OLDER, AND RESIDE IN THE UNITED STATES. BY USING THIS WEBSITE OR BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE 21 YEARS OF AGE OR OLDER, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT 21 YEARS OF AGE OR OLDER, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions ("Terms and Conditions") govern your access to and use of www.smokepipeshop.com including any content, functionality and purchase and sale of products offered on or through www.smokepipeshop.com (the "Website"), whether as a guest or a registered user. If you do not agree with these Terms and Conditions, you may not order any products on the Website or in any other way use the Website.
This website is operated by SPSHOP INC, a Florida corporation (hereinafter “Smoke Pipe Shop”), 5922 Fillmore Street, Hollywood, Florida 33021.
Article 1 - General
You acknowledge and guarantee that by using the Website you have reached the age of 21 years. The Website is intended solely for persons who are 21 years of age or older, and any registration, use or access to the Website by anyone under the age of 21 is unauthorized, unlicensed, and in violation of these Terms and Conditions. Smoke Pipe Shop reserves the right to request a government-issued identification.
Smoke Pipe Shop reserves the right, in its sole discretion, to terminate your access to all or any part of the Website and/or your personal environment in the Website (“Account”) including your information at any time for any reason whatsoever without prior notice or liability. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions, specifically, but not limited to, if Smoke Pipe Shop believes that you are under the age of 21, (b) requests by law enforcement, (c) unexpected technical or security issues or problems, and (d) extended periods of inactivity.
Smoke Pipe Shop is at all times authorized to amend or supplement these Terms and Conditions. The most up-to-date Terms and Conditions can always be found on the Website. The amended or supplemented Terms and Conditions will be brought to your attention in your Account. If you continue to use the Website after the Terms and Conditions have been amended or supplemented, by such action you irrevocably accept the amended or supplemented Terms and Conditions. If you do not agree to the amended or supplemented Terms and Conditions, your only option is to cease using the Website and to terminate your Account.
Article 2 - Account
For a tailored shopping experience you can register an Account on the Website. It is not permitted to create an Account using the name of another person or company. During registration, you must provide a user name, e-mail and password (“Login Details”) with which you can gain access to your Account.
You will receive an email including your Login Details upon completing the registration process on the Website. You are responsible for maintaining the confidentiality of the Login Details, and are fully responsible and liable for all activities that occur with your Account. You agree to (a) immediately notify Smoke Pipe Shop of any unauthorized use of your Login Details or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Smoke Pipe Shop cannot and will not be liable for any loss or damage arising from your failure to comply with this Article.
You hereby agree to indemnify and hold harmless Smoke Pipe Shop against any and all claims which might be incurred as a consequence of any use or abuse by any unauthorized person of your Login Details or Account.
Article 3 - Products and Orders
You agree that the use of the Website, including the purchase and sale of products offered on or through the Website, is at your sole risk. You agree that all products (including but not limited to waterpipes, glass tubes and pipes) displayed, advertised or sold within the Website are expressly intended for ornamental purposes, collector purposes, novelty use, or for use with tobacco or other legal smoking products or other lawful purposes only. No other use for these items in any way is either intended or condoned by you or Smoke Pipe Shop. Products from Smoke Pipe Shop must not be used for marijuana or any illegal drugs or any other illegal purposes.
Smoke Pipe Shop does not guarantee that customs or another law enforcement agency will not confiscate any item ordered by you. You are solely responsible for checking all laws on smoking accessories applicable to you before placing an order on the Website, and you takes full responsibility and liability for orders made to your state. If an item is confiscated by the customs or another law enforcement agency, Smoke Pipe Shop will not refund any payments to you.
Some Website products are made of glass that can break and result in sharp edges. It is your responsibility when placing the order to take proper precautions when opening the item after delivery. Smoke Pipe Shop is not responsible for any injury to any person or property caused from a broken item.
If you fail to comply with our Terms and Conditions, Smoke Pipe Shop will cancel your order, and refund your money to the original payment card; provided, however, that a fifteen percent (15%) service fee will be deducted from refundable amount.
You agree that your order is an offer to buy, under these Terms and Conditions, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Article 4 - Price and Payment Terms
All prices stated on the Website are in U.S. Dollars. The billing address to which your order is to be shipped must match the address on file with the bank for the purchase to go through. All payments are securely processed through Authorize.net, an online credit card processor. All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, and American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Article 5 - Shipments; Delivery; Title and Risk of Loss
Smoke Pipe Shop will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Smoke Pipe Shop protects our products with double bubble wrap, crinkle paper, card-board or peanuts, to prevent any damage to the product. Smoke Pipe Shop is not responsible for damages that happen during shipping with the United States Postal Service. Smoke Pipe Shop offers a delivery damage warranty. In this case, if the item was damaged during its transportation and delivery process to the customer, Smoke Pipe Shop agrees to ship the same or similar item to the customer at the expense of Smoke Pipe Shop with no further charge to the customer. At the same time, the customer agrees to report the problem to Smoke Pipe Shop customer support within 48 hours of receiving the item, and provide a picture/video of the damaged item. If the problem was not reported within 48 hours or the picture was not provided, Smoke Pipe Shop reserves the rights to not proceed with any further actions.
Each item comes with tracking number. Smoke Pipe Shop takes all responsibilities during the delivery period. As soon as the item was delivered to the customer and confirmed by the tracking number, all liabilities are the responsibility of the customer.
Article 6 - Returns and Refunds
DUE TO THE NATURE OF THE ITEMS ON OUR WEBSITE, SMOKE PIPE SHOP DOES NOT ACCEPT RETURNS, AND ALL SALES ARE FINAL.
ALL PURCHASED ITEMS ARE NON-REFUNDABLE, NON-EXCHANGEABLE AND NON-TRANSFERABLE.
All returns need to be addressed to our "Returns" office located at:
5922 Fillmore Street
Hollywood, FL 33021
Article 7 - Manufacturer's Warranty and Disclaimers
We do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Website. However, the products and services offered on our Website are covered by the manufacturer's warranty as detailed in the product's description on our Website and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Article 8 – Goods Not For Resale or Export
You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
Article 9 - Privacy
Article 10 – Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Article 11 – Geographic Restrictions
The owner of the Website is based in the state of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Article 12 – Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SMOKE PIPE SHOP NOR ANY PERSON ASSOCIATED WITH SMOKE PIPE SHOP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SMOKE PIPE SHOP NOR ANYONE ASSOCIATED WITH SMOKE PIPE SHOP REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SMOKE PIPE SHOP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Article 13 – Limitation on Liability
IN NO EVENT WILL SMOKE PIPE SHOP, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Article 14 – Indemnification
Article 15 - Governing Law and Jurisdiction
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in the City of Fort Lauderdale and County of Broward although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Article 16 - Arbitration
At Smoke Pipe Shop's sole discretion, it may require you to submit any disputes arising from the use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.
Article 17 - Limitation on Time to File Claims
Article 18 – Waiver and Severability
No waiver of by Smoke Pipe Shop of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Smoke Pipe Shop to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Article 19 - Entire Agreement
Article 20 – Assignment
You may not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this Article is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions.
Article 21 – Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Smoke Pipe Shop, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features [INSERT AS LINK TO LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES] with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [E-MAIL ADDRESS].
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Smoke Pipe Shop. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these and Conditions and may violate copyright, trademark and other laws.
Article 22 - Trademarks
The Smoke Pipe Shop name, the Smoke Pipe Shop logo and all related names, logos, product and service names, designs and slogans are trademarks of Smoke Pipe Shop or its affiliates or licensors. You must not use such marks without the prior written permission of Smoke Pipe Shop. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Article 23 - Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards [INSERT AS LINK TO CONTENT STANDARDS] set out in these Terms and Conditions.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate Smoke Pipe Shop, a Smoke Pipe Shop employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Smoke Pipe Shop or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.