Terms and Conditions

TERMS OF USE

Effective Date: April 28, 2021

YOU MUST BE OVER 18 YEARS OF AGE AND OF THE LEGAL AGE IN YOUR JURISDICTION TO BUY AND OR USE ANY HEADSHOP.COM PRODUCT.  IF YOU ARE NOT OVER 18 YEARS OF AGE, PLEASE EXIT THE SITE.

THE PRODUCTS PROVIDED ON THIS SITE ARE INTENDED FOR LEGAL USE.  IT IS YOUR SOLE RESPONSIBILITY TO KNOW LOCAL LAWS REGARDING THE POSSESSION AND USE OF THE PRODUCTS PROVIDED WITHIN THIS SITE.

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES. 

Welcome to Headshop.com (the “Site”), a website owned and operated by Headshop (“Headshop,” “we,” “us,” or “our”).  These Terms of Use govern your use of the Site and apply to the purchase and sale of products through the Site.  We offer the Site to you based upon your acceptance of all the terms, conditions, policies, and notices stated herein.

BY USING THE SITE, YOU AGREE WITHOUT LIMITATION OR QUALIFICATION TO BE BOUND BY AND ABIDE BY THESE TERMS OF USE.  THESE TERMS OF USE FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT, AND OFFERS PROVIDED ON THE SITE.  IF YOU DO NOT AGREE TO OR ARE UNWILLING TO AGREE TO THESE TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE THE SITE BECAUSE YOUR CONTINUED USE WILL CONSTITUTE YOUR AGREEMENT TO THESE TERMS OF USE.

THESE TERMS CONTAIN ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT, AMONG OTHER THINGS, WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL. Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below in the section labeled “Arbitration and Class Waiver” or if you opt-out.  Please carefully review the dispute resolution provisions in “Arbitration and Class Waiver” below which also describes your right to opt-out.

PRIVACY POLICY

Your privacy is important to us.  Our Privacy Policy can be found at https://headshop.com/privacy-policy/ and is incorporated into and is a part of these Terms of Use.  Headshop reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time.

ORDERING INFORMATION

Individuals under the age of eighteen (18) are not eligible to use this Site.  None of our content on the Site is intended for use by children.  By using this Site and placing an order for products from the Site, you affirm that you are at least eighteen (18) years old (or the legal age in your jurisdiction), have the legal capacity to enter into a binding contract with us, and have read these Terms of Use and understand and agree to its terms.

You agree that your order is an offer to buy, under these Terms of Use, all products listed in your order.  All orders must be accepted by us and we reserve the right to accept or deny your order for any reason and we are not obligated to sell the products to you.  We may choose to not accept orders at our sole discretion, even after you have received confirmation of your order.  In the event we deny your order, you will receive a refund back to your original form of payment.

PRICING

All prices, discounts, and promotions posted on the Site are subject to change without notice to you.  The price charged for a product will be the price in effect at the time the order is placed and will be detailed in your confirmation email.  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 card and in your order confirmation email.  We strive to display accurate price information, however, at times there may be an error in pricing and availability.  We reserve the right to correct any errors at any time and to cancel orders arising from such errors.

PAYMENT TERMS

Terms of payment are within our sole discretion and unless otherwise agreed upon in writing, payment must be received by us before our acceptance of an order.  All charges on the Site are in U.S. Dollars.  We accept Visa, Mastercard, American Express, and Discover for all purchases.   By submitting credit card information or other payment information to us, you represent and agree that: (i) the credit card information you supply to us is true, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes; and (v) you will be responsible for any credit card fees.

SHIPPING POLICIES

We will arrange for shipment of 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.  We process all orders within two (2) days of receiving the order.   You will receive tracking information once your order ships, however, shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.

For international orders, Headshop cannot guarantee that the products will not be confiscated by customs. You agree that you are solely responsible for any delivery issues related to import restrictions in your country of delivery.

It is important to provide an accurate shipping address so that there are no issues with your shipment.  We are not responsible for late or missing shipments due to your inputting of incorrect shipment information.  If you discover that you have made a mistake with your shipping information after you have placed your order, please contact [email protected] immediately.

RETURNS AND REFUNDS

Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products you purchased for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery with valid proof of purchase and provided that the products are returned in their original and unused condition.

PRODUCTS

We do not manufacture or control any of the products that are offered on the Site.  The availability of products on our Site 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 offered on our Site.  All products sold on Headshop.com are for tobacco use only. Please consult your local laws to ensure you are in compliance prior to purchasing.

You represent and warrant that you are buying products from the Site for your own personal or household use only and not for resale or export. You further represent that the use of any products purchased on the Site will be used for lawful purposes.  Headshop will not be liable for any misuse of a product purchased on the Site.

NO MEDICAL DIAGNOSIS OR TREATMENT

The statements and products shown on this website have not been evaluated by the US Food and Drug Administration (FDA). The products on the Site are not designed to diagnose, cure, prevent, or treat any disease. Before using any product, please consult with a licensed healthcare provider.

ACCESS AND USE OF THE SITE

The Site contains copyrighted material, trademarks, and other proprietary information, including text, software, photos, graphics, and other similar content owned or licensed to Headshop.  The entire contents of the Site are copyrighted as a collective work under United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content.  Without limiting the generality of the foregoing, the Site is protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.  All trademarks appearing on the Site are the exclusive property of their respective owners, including Headshop and/or its affiliated companies.

RULES OF CONDUCT

You agree to use or access the Site only for lawful purposes, in accordance with these Terms of Use, and only for your non-commercial, personal use.  The Site (including any portion thereof) may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without our express written consent.  Any unauthorized use of the Site or violation of these Terms of Use may subject you to civil and/or criminal liability.

You acknowledge and agree to abide by the following Rules of Conduct:

  • You may never use, or allow or enable others to use, the Site to:
    • Violate any applicable federal or state laws, rules, or regulations;
    • Violate the rights of Headshop or the rights of any other person or enterprise;
    • Post or use malicious or unauthorized code, viruses, bots, or other potentially harmful materials to the Site in a way that may interrupt, damage, interfere with, destroy, or limit the functionality of any computer software;
    • Create a competitive online service, solicit goods and services, or use the Site for any commercial purpose;
  • You may not violate or attempt to violate any security features of the Site;
  • You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any other way exploit the content of the Site or any portion of it;
  • You may not attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce any of the source code used in providing the Site;
  • You may not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or otherwise violate or attempt to violate any security features of the site or otherwise attempt to interfere with the proper working of the Site.

DISCLAIMERS OF WARRANTIES

ALL PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION ON THIS SITE.  WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT ALL OR ANY PART OF THE SITE WILL BE AVAILABLE FOR USE, UNINTERRUPTED, PERFORM AS DESCRIBES, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVERS THAT MAKE THE SITE ARE VIRUS-FREE OR FREE OF OTHER HARMFUL COMPONENTS, OR THAT THE SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE, THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.  WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, EVEN IF SUCH OCCURS DUE TO MALICIOUS OR UNAUTHORIZED CODE.  YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOU HAVE THE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT AS YOU ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH THE USE OF THE SITE.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THIRD-PARTY RESOURCES OR LINKS, OR THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURATENESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

LIMITATION OF LIABILITIES

IN NO EVENT SHALL HEADSHOP OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THESE TERMS OF USE OR THE SITE, REGARDLESS OF WHETHER HEADSHOP NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS OR CLAIMS.  HEADSHOP IS NOT LIABLE FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM.

HEADSHOP’S LIABILITY TO YOU IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.  IF YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THESE LIMITATIONS OR MAKES THESE LIMITATIONS INAPPLICABLE, HEADSHOP IS ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED.  HOWEVER, IN NO EVENT SHALL HEADSHOP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, EXCEED FIVE HUNDRED USD ($500.00).

INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Headshop and its affiliates, and their respective directors, officers, employees, members, managers, licensors, contractors, parent companies, subsidiaries, and agents (the “Indemnified Parties”) from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, attorneys’ fees and costs, (individually, a “Claim” and collectively, “Claims”) arising out of or relating to: (a) your access, use, or misuse of the Site, including, without limitation, your use of the information accessed through the Site; (b) your breach of these Terms of Use; and (c) your violation of any applicable laws or regulations.

The Indemnified Parties have the right, at any time, to assume the exclusive defense and control of any Claims, and you agree to cooperate with the Indemnified Parties in any such defense.

ARBITRATION AND CLASS WAIVER

In the event of any dispute or controversy, you agree to first contact us at [email protected] to attempt to resolve the dispute or controversy in an informal manner.  Any claim arising out of or related to the use of the Site that cannot be resolved through an informal process shall be governed as described below.

PLEASE READ THE BELOW ARBITRATION AND CLASS WAIVER DETAILS CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Headshop AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE ARISING FROM OR RELATING TO THESE TERMS OF USE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION.  YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION PROCEEDING.  YOU ACKNOWLEDGE AND AGREE THAT: (A) THE RIGHTS THAT YOU HAVE IF YOU WENT TO COURT MAY BE LIMITED OR MAY NOT EXIST; (B) YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER; (C) THE ARBITRATOR MAY NOT CONSOLIDATE OR JOINING PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY  FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.  YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. 

  1. ARBITRATION GENERALLY

Arbitration is a manner of resolving any disputes or controversies without filing a lawsuit.  In the event any dispute between you and Headshop cannot be resolved informally within ninety (90) days, such dispute shall be settled by binding confidential arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules, and the judgment on the award shall be binding any may be entered in any court having jurisdiction thereof.

Headshop agrees to such final and binding arbitration and likewise you agree to final and binding arbitration for any disputes that cannot be resolved informally. By agreeing to arbitrate, you are waiving your right to file a lawsuit in court and instead will be submitting your dispute to final and binding confidential arbitration.  The arbitration shall have exclusive authority to resolve all disputes and shall grant relief as a court would. This arbitration provision is governed by the rules of the Federal Arbitration Act (the “FAA”), 9 U.S.C §§, 1-16 as amended.

  1. EXCEPTIONS

Notwithstanding the foregoing, the following claims shall not be subject to final and binding confidential arbitration: (i) any Claim arising out of or relating to the infringement, validity, or unauthorized use of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by  Headshop for temporary, preliminary, or permanent injunctive relief against you for breach or threatened breach of these Terms of Use.  Each party consents to the exclusive jurisdiction and venue of the state and federal courts located in San Diego, California and forever waive any challenge to said courts’ jurisdiction and venue.

  1. COMMENCING ARBITRATION

Each party agrees to commence any arbitration within one (1) year after the Claim arises, including any pre-dispute communications.  Any Claim commenced after the one (1) year period shall be forever barred.

Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party.  Arbitration that is commenced shall be submitted to the final and binding confidential arbitration before a single arbitrator of the AAA.  The arbitrator shall be selected by agreement of the parties, or if the parties cannot agree, in accordance with the Rules of the AAA.  The AAA’s Rules are available for access at www.adr.org or by calling 1-800-778-7879.  The arbitrator shall have the exclusive and sole authority to determine whether a dispute is arbitrable.  Arbitration shall be conducted in San Diego, California, unless otherwise agreed to by the parties.

  1. FEES

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules.

  1. AMENDMENTS

Headshop reserves the right to amend this arbitration provision at any time.  Your continued use of the Site shall be affirmation of your consent to such changes.

  1. OPT-OUT PROCEDURE

You may opt-out of this arbitration provision, class action waiver, and jury trial waiver by providing written notice to Headshop.  If you decide to opt-out, you understand that neither you nor Headshop can require the other to participate in an arbitration proceeding.  The written notice of your desire to opt-out must be provided within thirty (30) days from the date which you first accessed this Site to the following address:

315 S. Coast Highway 101 #528, Encinitas, CA 92024

Such notice must include your name, email address, and mailing address.   If you do not opt-out within this time period, you are not eligible to opt-out and you must pursue any claim through binding arbitration as described within these Terms of Use.

INJUNCTIVE RELIEF

Any breach or threatened breach by you of our Terms of Use or any infringement or threatened infringement by you of Headshop’ proprietary property will cause irreparable injury to Headshop in an amount unquantifiable and for which Headshop would not have an adequate remedy at law.  In such an event, Headshop shall be entitled to seek an injunction or other equitable relief restraining any breach or infringement, threatened or actual.  Nothing in these Terms of Use shall be construed as prohibiting Headshop from pursuing any other remedies available for your breach of these Terms of Use, including the recovery of monetary damages from you.

GOVERNING LAW AND VENUE

These Terms of Use and any issue or dispute arising out of or otherwise related to these Terms of Use or with your access or use of the Site, or any matter concerning Headshop shall be governed exclusively by the laws of the State of California.  To the extent any dispute is found by an arbitrator to be excluded by the arbitration provision above, the parties agree that any such dispute shall be exclusively brought in and decided by the state or federal courts located in San Diego, California, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

NOTICE AND TAKE-DOWN PROCEDURES

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement to Headshop by providing the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  2. A description or identification of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description or identification of where the material you claim is infringing is located on the Site, with enough detail that Headshop may find it on the Site (preferably a web URL), along with the location where the original or authorized copy of the copyrighted work exists.
  4. Your contact information, including your address, telephone number, and email address, that is reasonably sufficient to permit us to contact you;
  5. A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
  6. A statement of you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted only by both email and U.S. Mail at:

[email protected]

315 S. Coast Highway 101 #528, Encinitas, CA 92024

NO WAIVER

No failure or delay on the part of Headshop to insist upon or enforce strict performance of any provision, or any other waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof.  A waiver of any right or obligation shall only be effective if in writing and signed by Headshop.

SEVERABILITY

If any provisions of these Terms of Use is found by an arbitrator or a proper court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall not be affected and shall continue in full force and effect.  Any such provision that may be found to be unenforceable shall be modified or severed from these Terms of Use to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms of Use.

ENTIRE AGREEMENT AND MODIFICATIONS

These Terms of Use, together with our Privacy Policy, constitute the entire agreement and understanding between you and Headshop.  These Terms of Use govern your access and use of the Site and supersedes and replaces any prior or contemporaneous agreements, representations, communications and proposals, whether oral or written, between you and Headshop.

Headshop reserves the right to add to, delete, or modify our Terms of Use at any time, as well as all or any part of the Site at our sole discretion.  It is your responsibility to check the Site periodically for changes.  Your continued use of the Site following the posting of any changes to these Terms of Use constitutes acceptance of such changes.  Unless accepted by Headshop in writing, these Terms of Use may not be amended by you.

FEEDBACK AND SUBMISSIONS

You may provide Headshop with suggestions, ideas, questions, comments or feedback (collectively, “feedback”) from time to time regarding the Site and Headshop welcomes any such feedback.  By providing such feedback, you represent and warrant that the feedback does not infringe or violate the intellectual property rights of any third party and that you have all rights necessary to share such feedback and enable Headshop to use the feedback.  You grant Headshop a non-exclusive, royalty-free, and transferable right and license to reproduce, adopt, publish, transmit, distribute, or use the feedback.

CONTACT US

If you have any questions about these Terms of Use, please email us at [email protected]

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