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.
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.
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.
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.
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.
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 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
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).
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.
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.
- 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.
- 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.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules.
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.
- 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
GOVERNING LAW AND 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:
- 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;
- A description or identification of the copyrighted work or other intellectual property that you claim has been infringed;
- 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.
- Your contact information, including your address, telephone number, and email address, that is reasonably sufficient to permit us to contact you;
- 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
- 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:
315 S. Coast Highway 101 #528, Encinitas, CA 92024
ENTIRE AGREEMENT AND MODIFICATIONS
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.
Please confirm that this will be the return process, feel free to change as needed.