Terms and Conditions - Hooked on Hookah

Welcome to Hooked on Hookah. Before you explore the Hooked on Hookah website at www.hookedonhookah.com (the “Site”), please familiarize yourself with the terms that guide your use of the Site. By accessing the Site, you consent to adhere to and be legally bound by the terms and conditions of this Agreement (the “Agreement”).

General 

Hooked on Hookah reserves the right to amend the terms of this Agreement at any moment and without prior notice. Your continued use of the Site after any such amendments signifies your acceptance of the revised terms. We may modify, relocate, or remove parts of, or may enhance, the Site at various times, including, but not limited to, its content and the equipment and/or software required for access or use. We also reserve the right to deny service to anyone, at any time, for any reason.

Minor Compliance

By utilizing the Site, you confirm that you are at least 21 years of age. Individuals under 21 are prohibited from using this site. Hooked on Hookah will not sell tobacco or related products to anyone under 21. By agreeing to these terms and conditions, you declare that you are legally old enough to purchase tobacco products. Falsifying your age is illegal. Hooked on Hookah will not be held accountable for minors illegally purchasing tobacco or related products.

Surgeon General Warning

Smoking shisha tobacco is hazardous and is not a safer alternative to cigarette smoking. Shisha tobacco can lead to lung cancer and heart disease. Smoking shisha can also cause cancers of the mouth and throat, even without inhalation. Additionally, shisha smoking can increase the risk of infertility, stillbirth, and low birth weight. This product contains nicotine. Nicotine is an addictive chemical.

Ordering

When you place an order with Hooked on Hookah, it constitutes an offer, which Hooked on Hookah may accept or decline at its sole discretion. A contract is formed only when Hooked on Hookah accepts your offer by approving your order.

Shipping Policy

Orders typically ship within 24 hours after approval, though some may take up to 5 days to process. If any items are unavailable at the time of your order, the entire order will be back ordered until the missing items are restocked. You are responsible for monitoring your order's status. Hooked on Hookah will inform you if your order is back ordered for more than one week. The risk of loss or damage, as well as ownership, transfers to you upon our delivery of your package(s) to the carrier.

Return Policy 

All returns must be sent back to Hooked on Hookah within 30 days of receipt. Orders must be returned in their original, unused condition, including all accessories. Return shipping costs are the responsibility of the customer. A 10% restocking fee will be applied to cover Hooked on Hookah's shipping and processing expenses.

Intellectual Property Notice

Unless indicated otherwise, all materials, including images, illustrations, designs, icons, photos, and all written and visual content on the Site (collectively, “the Property”), are the copyright, trademark, or other intellectual property owned or licensed by Hooked on Hookah. The entire Site is protected by U.S. and international copyright, trademark, and other intellectual property laws. All global rights, titles, and interests in and to the Property are owned or licensed by Hooked on Hookah.

All other trademarks, service marks, product names, and company names or logos that appear on the Site are the property of their respective owners. Unauthorized use of such trademarks, service marks, product names, and company names or logos, including reproduction, modification, distribution, or republication without the prior written permission of the owner, is strictly prohibited by U.S. and international law.

As a user, you are granted a limited license to download or copy the Property on this Site for personal, non-commercial use only. Violating Hooked on Hookah's Intellectual Property Notice will immediately revoke 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 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 Hooked on Hookah. You may not use any meta tags or any other "hidden text" utilizing any of the Property, including Hooked on Hookah's name or web address, without the express written consent of Hooked on Hookah. Further, you may not frame any of the content, deep-link to the Site, trespass, or scrape the Site with robots, data mining, automated agents, or any other data gathering or extraction tools without prior written permission from Hooked on Hookah.

User Comments, Feedback, and other Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Hooked on Hookah in connection with your use of the Site shall become and remain the property of Hooked on Hookah. Such disclosure, submission, or offer constitutes an assignment to Hooked on Hookah of all global 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 Hooked on Hookah are the sole responsibility of the customer. Hooked on Hookah cannot be held responsible (nor vouch) for any orders with pending taxes, duties, or licenses. Any unpaid taxes forwarded to Hooked on Hookah will be charged to the customer.

Ancillary Computer Equipment and Services

You are responsible for providing all necessary computers, telephones, and other equipment and services to access the Site. Additionally, you are responsible for any access charges incurred through online services, telephone companies, or Internet service providers used in accessing the Site.

Legal Compliance

You must use Hooked on Hookah for lawful purposes only. You shall not transmit through Hooked on Hookah any material that 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, or which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. We reserve the right, at our sole discretion, to refuse to produce goods and/or to terminate your access to Hooked on Hookah for any breach of this provision or any other provision of this Agreement.

Quality of Goods

Most goods sold by Hooked on Hookah are handcrafted by artisans in small batches. As such, slight variations in each item, which contribute to their unique quality, are to be expected. Hooked on Hookah inspects each item before shipping to ensure its quality, however, the consumer and end-user assume all risk associated with our products. Hooked on Hookah shall not be liable for any damages arising from the use of our products.

Warranty/Disclaimer of Liability

YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. HOOKED ON HOOKAH DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM WWW.HOOKEDONHOOKAH.COM ARE FREE FROM 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 HOOKED ON HOOKAH 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 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. Hooked on Hookah shall not be liable for any damage that you may suffer arising out of the 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 the 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 state laws do not allow limitations on warranties or the exclusion or limitation of certain damages. If any part of this agreement 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 Hooked on Hookah 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 www.hookedonhookah.com under your account.

Governing Law

The Site is created and controlled by Hooked on Hookah, in the State of Colorado. By visiting this Site, you agree that the laws of the State of Colorado, 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 Hooked on Hookah shall be submitted to binding arbitration in the state of Colorado, except that to the extent you have violated or threatened to violate Hooked on Hookah's intellectual properties, Hooked on Hookah may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado. 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 American Arbitration Association. 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 supersede all prior and contemporaneous oral and written agreements and representations are merged herein. No employee, agent, or other representative of Hooked on Hookah has authority to bind Hooked on Hookah 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.

Tax Info

Notice Tax Info Washington: Washington requires a "conspicuous notice" (Washington has said this can be on an FAQ page or other section where you provide tax information to purchasers) on the website that informs Washington purchasers that (1) sales or use tax is due on certain purchases; (2) Washington requires the purchaser to file a use tax return; and (3) that the notice is being provided under Washington law. Further, a notice must be provided at the time of each retail sale. This notice should be on all invoices or order forms and should state that (1) neither sales nor use tax is being collected or remitted upon the sale; (2) that the consumer may be required to remit sales or use tax directly to the department of revenue; and (3) provide information on where to obtain additional information ("Visit https://dor.wa.gov/consumerusetax for more information.")

Notice Tax info CO, VT, RI and LA Purchasers HookedonHookah.com website. does not collect sales or use tax on purchases made from it. Certain states, however, require HookedonHookah.com. and other online retailers to notify purchasers that such sales are subject to sales or use tax, even when purchased via the internet, catalog, or other remote means. These states also require anyone making a purchase for shipment into the state, to file a sales or use tax return, at the end of the year, to report all taxable purchases that were not taxed and to pay taxes on those purchases. Please see your state department of revenue or taxation for more information.

Shipping and Handling charges are taxable in the State of Florida. Outside the state of Florida, the purchaser is responsible for remitting any additional taxes to the appropriate taxing authority.

Rhode Island Adult Signature Required

Please note due to legislation tobacco products shipping to Rhode Island requires the purchaser to sign personally to receive the delivery or requires a signature of an adult at the purchaser's address to deliver the package. A $8.50 fee will apply to all Rhode Island orders for an "Adult Signature Required" service.

State Tobacco Laws

Many states have recently passed legislation either restricting or prohibiting the importation of tobacco products into their states.

HookedonHookah.com does not sell Shisha Tobacco to retailers of tobacco products nor does it otherwise sell or ship Shisha Tobacco on a wholesale basis outside of Colorado. All Shisha Tobacco sold by HookedonHookah.com is intended for personal consumption by its customers and resale thereof is strictly prohibited.

For states with comprehensive Tobacco Laws, please review the below list.

California

Business and Professions Code Section 22970-22991.

To read the entire text of the law, Click here and go down to section 22991 which covers delivery of tobacco products.

We encourage you to address any concerns or issues with this law directly with your local state senator or representative.

Delaware

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE HOUSEBILL 153 AS AMENDED BY HOUSE AMENDMENT 1, AMENDING SEC.302, PARA. 5361-5369

We encourage you to address any concerns or issues with this law with the Office of Legislative Counsel of Delaware (302) 744-4114 or directly with your local state senator or representative.

Idaho

TITLE 39 HEALTH AND SAFETY

CHAPTER 57

PREVENTION OF MINORS' ACCESS TO TOBACCO

We encourage you to address any concerns or issues with this law with the Office of Legislative Council of Idaho (208) 334-5213 or directly with your local state senator or representative.

Maine

To read the entire text of the law, click here..

We encourage you to address any concerns or issues with this law directly with the Office of Legislative Information or, your local state senator or representative.

Montana

We encourage you to address any concerns or issues with this law directly with your local state senator or representative.

Oregon

We encourage you to address any concerns with this law with the Office of Legislative Counsel of Oregon (503) 986-1243 or directly with your local state senator or representative.

Nevada

We encourage you to address any concerns or issues with this law with the Office of Legislative Counsel of Nevada or directly with your local senator or representative.

 

Michigan

Section 205.431

All sales conducted through the internet, by telephone, transaction shall not be completed unless, before each delivery of shisha tobacco is made, whether through the mail, through a transportation company, or through any other delivery system, the seller has obtained from the purchaser an affirmation that includes a copy of a valid government-issued document that confirms the purchaser's name, address, and date of birth showing that the purchaser is at least the legal minimum age to purchase.

Rhode Island

We encourage you to address any concerns or issues with this law with the Office of Legislative Counsel of Rhode Island or directly with your local senator or representative.

Utah

We encourage you to address any concerns or issues with this law with the Office of Legislative Counsel of Utah or directly with your local senator or representative.

Proposition 65

Before we process your order, the state Of CA requires us to inform you pipe tobacco/Shisha tobacco can expose you to chemicals including tobacco smoke, which is known to the State of California to cause cancer, and nicotine, which is known to the State of California to cause birth defects or other reproductive harm. For more information on Proposition 65 you can go to www.P65Warnings.ca.gov.

Ship to - State Restrictions

Due to state legislation ship-to addresses are not allowed in Louisiana. The shipping address must be the same as the billing address.

 

Additional Information

If you have already placed an order and age verification is required, your shipment will be placed on a pending status until this documentation has been received and verified. Once we have your documentation on file, you will not need to provide it again. You may also email us your age verification. If you have any questions or need additional assistance, please contact one of our friendly chat agents at your earliest convenience.

Or if you prefer, you may mail a copy of your license to us at:

Hooked on Hookah
Attn: Age Verification
6406 N Academy Blvd,
Colorado Springs, CO 80918