Welcome to Delta Technical Services L.L.C. DBA: ("The Hookah Store"). Before you use the The Hookah Store Web Site at www.TheHookahStore.com (the "Site"), please read the following terms which govern your use of the Site. By using the Site, you agree to follow and be bound by the terms and conditions of this Agreement (the "Agreement").
General
The Hookah Store reserves the right to change the terms of this Agreement at any time and without notice. Your use of the Site following any such change constitutes your agreement to be bound by the terms as changed. We may change, move or delete portions of, or may add to, the Site from time to time including, but not limited to, content and equipment and/or software needed for access or use. We reserve the right to refuse service to anyone for any reason at any time.
Minor Compliance
By using the Site, you agree that you are at least 18 years of age. Minors under the age of 18 may not use this site. The Hookah Store will not sell tobacco or tobacco related products to anyone under the age of 18. By accepting these terms and conditions you are indicating you are of legal age to purchase cigarettes. It is illegal to misrepresent your age. The Hookah Store cannot be held responsible for minors purchasing tobacco or tobacco related products illegally.
Surgeon General Warning
Smoking shisha tobacco is not a safe alternative to smoking cigarettes. Shisha tobacco can cause lung cancer and heart disease. Shisha smoking can cause cancers of the mouth and throat, even if you do not inhale. Shisha smoking increases the risk of infertility, stillbirth and low birth weight.
Ordering
Placing your order with The Hookah Store constitutes an offer, which The Hookah Store reserves the right to reject or approve at its discretion. No contract will arise The Hookah Store has accepted your offer by approving your order.
Shipping Policy
Orders generally ship within 48 hours of approval, however some orders may take up to 5 days. If one or more items is unavailable at the time the order is placed, the entire order will be placed on backorder until we receive the missing item(s) in stock. You are responsible for checking the status of your order. The Hookah Store will contact you if your order will be on backorder for more than one week. Risk of damage or loss, and title, pass to you upon our safe delivery of your package(s) to the carrier.
Return Policy
All returns must be shipped back to The Hookah Store within 30 days of receipt. All orders must be returned in original unused condition with all accessories. The return shipping costs must be paid by the customer. There is a 10% restocking fee to cover the shipping and processing costs of The Hookah Store.
Intellectual Property Notice
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and all copy, content, source code and other written and visual materials on the Site (collectively, "the Property") are the exclusive copyright, trademark, or other intellectual property owned or licensed by The Hookah Store. The Site as a whole is protected by state of Oregon and international copyright, trademark and all other intellectual property law. All worldwide rights, titles and interests in and to the Property are owned or licensed by The Hookah Store.
All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited by state of Oregon and international law.
You, as the user, have a limited license to download or copy the Property on this Site for personal, noncommercial use only. Violation of The Hookah Store's Intellectual Property Notice will result in automatic revocation of this license. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Property on the Site, the Site as a whole, or any related software without the prior written permission of The Hookah Store. You may not use any meta tags or any other hidden text utilizing any of the Property, including The Hookah Store's name or web address, without the express written consent of The Hookah Store. Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site using robots, data mining, automated agents, or any other data gathering or extraction tools without prior written permission of The Hookah Store.
User Comments, Feedback and other Submissions
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to The Hookah Store or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain The Hookah Store's property. Such disclosure, submission or offer shall constitute an assignment to The Hookah Store of all worldwide rights, titles and interests in all intellectual property rights in such comments, feedback, suggestions, and other submissions.
Duties, Taxes and Licenses
All duties, taxes and licenses incurred while shopping at The Hookah Store are the sole responsibility of the customer. The Hookah Store cannot be held responsible (nor vouch) for any orders with pending taxes, duties or licenses. Any unpaid taxes forwarded to The Hookah Store will be charged to the customer.
Ancillary Computer Equipment and Services
You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Site.
Legal Compliance
You shall use The Hookah Store for lawful purposes only. You shall not transmit through The Hookah Store any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to The Hookah Store for any breach of this provision or any other provision of this Agreement.
Quality of Goods
The majority of the goods sold by The Hookah Store are handmade by artisans in small quantities. As a result, minor differences in each piece, which add to the individual quality of the goods, should be expected. The Hookah Store inspects each piece before shipping to ensure quality, however the consumer and end user assume all risk of use associated with our products. The Hookah Store may not be held liable for damages arising from use of our products.
Warranty/Disclaimer of Liability
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. The Hookah Store DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM TheHookahStore.com ARE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT The Hookah Store SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. The Hookah Store shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder . We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site.
Certain sate laws do not allow limitations on warranties or exclusion or limitation on certain damages. If any part of this agreement is does not apply to you, or is held invalid, void or unenforceable, that provision is deemed severable, and will not affect the remaining enforceable provisions of this Agreement.
Indemnification
You agree to indemnify, defend and hold The Hookah Store harmless against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing TheHookahStore.com under your account.
Governing Law
The Site is created and controlled by The Hookah Store, in the the state of Oregon. By visiting this Site, you agree that the laws of the state of Oregon, without regard to principles of conflicts of laws, will govern all terms, conditions and disclaimers on the Site, including this Agreement.
Dispute Resolution
All disputes arising out of any transaction with The Hookah Store shall be submitted to binding arbitration in the state of Oregon, except that to the extent you have violated or threatened to violate The Hookah Store's intellectual properties, The Hookah Store may seek relief in any state or federal court in the state of Oregon. By using the Site, you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules of the state of Oregon. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under this Agreement shall be joined to any action involving any other party subject to this Agreement.
Integration
The terms and conditions contained in this Agreement constitute the entire agreement between the parties, and supersedes all prior and contemporaneous oral and written agreements and representations are merged herein. No employee, agent, or other representative of The Hookah Store has authority to bind The Hookah Store or its suppliers with respect to any statement, representation, warranty, or other expression unless specifically set forth in this Agreement.
No trade usage, regular practice or course of dealing between the parties may be used to modify this Agreement. Any modification of the Agreement must be made by mutual assent of the parties, and must be set forth in writing.
