These Terms of Service ("Terms", "Terms of Service") are applicable to any use of the webshop on the website www.smokingnorthamerica.com and any underlying or related webpage ("Website"), as well as any services available on the Website and to any and all offers, orders and agreements connected therewith of Smoking North America.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You acknowledge and guarantee that by using the Website you have reached the age of majority. The Website is intended solely for persons who are of legal age or older, and any registration, use or access to the Website by anyone under the legal age is unauthorized, unlicensed, and in violation of these General Terms.
Smoking North America 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 of Service, specifically – but not limited thereto – if Smoking North America believes that you are under the legal age, (b) requests by law enforcement, (c) unexpected technical or security issues or problems, and (d) extended periods of inactivity.
Smoking North America is at all times authorised to amend or supplement these Terms of Service. The most up-to-date Terms of Service can always be found on the Website. If you continue to use the Website after the Terms of Service have been amended or supplemented, by such action you irrevocably accept the amended or supplemented Terms of Service. If you do not agree to the amended or supplemented Terms of Service, your only option is to cease using the Website and to terminate your Account.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You acknowledge and guarantee that by using the Website you have reached the age of majority. The Website is intended solely for persons who are of legal age or older, and any registration, use or access to the Website by anyone under the legal age is unauthorized, unlicensed, and in violation of these General Terms.
Smoking North America 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 of Service, specifically – but not limited thereto – if Smoking North America believes that you are under the legal age, (b) requests by law enforcement, (c) unexpected technical or security issues or problems, and (d) extended periods of inactivity.
Smoking North America is at all times authorised to amend or supplement these Terms of Service. The most up-to-date Terms of Service can always be found on the Website. If you continue to use the Website after the Terms of Service have been amended or supplemented, by such action you irrevocably accept the amended or supplemented Terms of Service. If you do not agree to the amended or supplemented Terms of Service, your only option is to cease using the Website and to terminate your Account.
To use the Website to order products Smoking North America requires certain information from you. Please read the Privacy Policy for more detailed information. You undertake to duly comply with all instructions stated on the Website by, among other things, providing true, accurate, current and complete information about yourself. You undertake to update information about yourself within ten (10) days of any changes.
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. During registration, you must provide a first name, last name, state/province of residence, country of residence, phone number, e-mail and password (“Login Details”) with which you can gain access to your Account.
You will receive an email 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 Smoking North America 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. Smoking North America 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 Smoking North America against any and all claims which might be incurred as a consequence of any use or abuse by any unauthorized person of your password or 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. During registration, you must provide a first name, last name, state/province of residence, country of residence, phone number, e-mail and password (“Login Details”) with which you can gain access to your Account.
You will receive an email 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 Smoking North America 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. Smoking North America 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 Smoking North America against any and all claims which might be incurred as a consequence of any use or abuse by any unauthorized person of your password or account.
You agree that the use of the Website including the webshop is at your sole risk. You agree that all products, including but not limited to waterpipes, hand pipes and smoking accessories displayed, advertised or sold within the Website are expressly intended for ornamental purposes, collector purposes or for use with 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 Smoking North America.
Unless otherwise specified by Smoking North America, all offers made by Smoking North America are without commitment until you have received confirmation of your order from Smoking North America, by which the agreement between you and Smoking North America for the purchase of a product (“Agreement”) is concluded. Neither manifest errors nor minor misstatements in the information concerning the products on the Website, including the images, bind Smoking North America.
You declare that you are aware of the technical steps leading to the conclusion of the Agreement, whether the Agreement shall be archived and is accessible, and the languages in which the Agreement can be drawn up. You will be shown a summary of your selected products before the order is placed. In this summary, you are given the opportunity to adjust the order before the products are ordered.
Unless otherwise specified by Smoking North America, all offers made by Smoking North America are without commitment until you have received confirmation of your order from Smoking North America, by which the agreement between you and Smoking North America for the purchase of a product (“Agreement”) is concluded. Neither manifest errors nor minor misstatements in the information concerning the products on the Website, including the images, bind Smoking North America.
You declare that you are aware of the technical steps leading to the conclusion of the Agreement, whether the Agreement shall be archived and is accessible, and the languages in which the Agreement can be drawn up. You will be shown a summary of your selected products before the order is placed. In this summary, you are given the opportunity to adjust the order before the products are ordered.
Prices for our products are subject to change without notice. All product display prices stated by Smoking North America are displayed in Canadian Dollars for Canada visitors and US Dollars for US and International visitors, and exclusive of added taxes, other government levies and the delivery costs of the product, unless otherwise stated. All added taxes and delivery costs will be included in the final total before payment. You can pay the amount due by the method specified on the Website.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
You will be in default by operation of law, without any notice of default or warning being required, if and as soon as the payment is rejected or reversed or if you fail to pay any of Smoking North America’s invoices within the specified payment term.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
You will be in default by operation of law, without any notice of default or warning being required, if and as soon as the payment is rejected or reversed or if you fail to pay any of Smoking North America’s invoices within the specified payment term.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Shipping & Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
When visiting the Website, ordering a product and setting up and using an Account, you provide personal data to Smoking North America. These personal data are and will be processed in accordance with the provisions of our Privacy Policy and the applicable laws and regulations.
You accept that the Website is provided only with the functionality and other features as they are at the time of use (on an 'as is' and ‘as available’ basis). We do not warrant that the Website is available at all times without interruption and error-free or that the information on the Website, including but not limited to the delivery period and the stock level indicator, is accurate, up to date and complete at all times. Smoking North America disclaims all warranties, either express or implied, including, but not limited to, warranties of condition, quality, merchantability, fitness for a particular purpose and non-infringement.
You warrant that, when using the Website and/or the Account, you will refrain from:
You warrant that, when using the Website and/or the Account, you will refrain from:
- using robots, spiders, scrapers or other applications;
- performing acts that place unreasonable and/or disproportionate demands on the Website's infrastructure and/or interfere with the Website's functionality;
- using applications that monitor the Website and/or copy parts of the Website; and/or
- use for illegal purposes or in violation of the General Terms and any applicable law or regulation.
- any act performed by you in using the Website and/or the use of your Account;
- any act performed by you that violates these Terms of Service and/or any (intellectual property) rights of third parties;
- any act performed by you in ordering and/or taking delivery of products; and/or
- any wrongful act committed by you.
Smoking North America's liability for any attributable failure to perform its obligations, by reason of a wrongful act or otherwise, is limited per event (with a series of connected events counting as one event) to compensation for the direct loss or damage suffered by you not exceeding the actual amount paid by you for the product ordered.
'Direct loss or damage' is understood to mean exclusively:work, problems, interventions, modified or impaired functionality or other circumstances affecting the availability and/or use of the Website or the Account;
the temporary or permanent unavailability or breakdown of the Website or the fact that the information on the Website is inaccurate, out of date or incomplete;
your failure to ensure that the data provided within your Account are up to date, complete and/or accurate;
any unauthorised access to or use of the your Account and/or the Website by third parties; or
any incorrect, improper, careless or incompetent use of a product and/of if you have made any modifications to a product.
A claim for compensation cannot be considered unless you have notified Smoking North America in writing of the loss or damage as soon as feasible after its occurrence.
'Direct loss or damage' is understood to mean exclusively:
- property loss or damage;
- reasonable costs incurred to prevent or limit the direct loss or damage anticipated as a result of the event giving rise to liability; and
- reasonable costs incurred to ascertain the cause of the loss or damage.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
We reserve the right to modify this terms of service at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website.