These general terms ("General Terms") are applicable to any use of the webshop on the website www.eaglebongs.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 Eaglebongs Shop. If you do not agree with these General Terms, you may not order any products on the Website or in any other way use the Website.
We advise you to read the General Terms carefully to ensure that you are aware of your rights and obligations.
Article 1 - General
You acknowledge and guarantee that by using the Website you have reached the age of 21 years. The Website is intended solely for persons who are 21years of age or older, and any registration, use or access to the Website by anyone under the age of 21 is unauthorized, unlicensed, and in violation of these General Terms.
Eaglebongs Shop is at all times authorised to amend or supplement these General Terms. The most up-to-date General Terms can always be found on the Website. The amended or supplemented General Terms will be brought to your attention in your Account. If you continue to use the Website after the General Terms have been amended or supplemented, by such action you irrevocably accept the amended or supplemented General Terms. If you do not agree to the amended or supplemented General Terms, your only option is to cease using the Website and to terminate your Account.
Article 2 - 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 or company. During registration, you must provide a user name, e-mail and password (“Login Details”) with which you can gain access to your Account.
You will receive an email including your Login Details 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 Eaglebongs Shop 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. Eaglebongs Shop cannot and will not be liable for any loss or damage arising from your failure to comply with this article.
If an unauthorized person uses your password and/or account and consequently such use results in claims against Eaglebongs Shop, you will be liable towards Eaglebongs Shop for any damages suffered by it in connection to such claims.
Article 3 - Products and Orders
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 water pipes, glass tubes and pipes 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 Eaglebongs Shop.
Unless otherwise specified by Eaglebongs Shop, all offers made by Eaglebongs Shop are without commitment until you have received confirmation of your order from Eaglebongs Shop, by which the agreement between you and Eaglebongs Shop 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 Eaglebongs Shop.
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.
Article 4 - Price and Payment
All prices stated by Eaglebongs Shop are in United States Dollars and inclusive of value-added tax (VAT), other government levies, and the delivery costs of the product unless otherwise stated. You can pay the amount due by the method specified on the Website.
Article 5 - Delivery and shipping info
We have a warehouse in the USA. If the products you order are in stock in that warehouse, you will receive the products within 3-7 days. If not, we will ship them from China, and the time of arrival of goods is 10-30 days.
The products purchased by you on the Website are delivered to the address specified by you for that purpose. Delivery will be made only after your payment has been received unless you have opted for payment in arrears. During the transportation of the product(s) Eaglebongs Shop will carry the risk of damage, theft, or loss. At the moment of delivery of the product(s), the risk passes to you.
If no other delivery period is agreed upon, the delivery shall occur within 30 (thirty) days of purchase. If you are not at home at the time of the delivery or if you hold no or insufficient cash to make payment in full, redelivery may need to be arranged. The costs of redelivery of the products ordered by you will be at your expense.
In case Eaglebongs Shop is not able to deliver the product(s) within 30 (thirty) days, Eaglebongs Shop shall inform you immediately in writing in which case you are entitled to terminate the Agreement by notifying such in writing to Eaglebongs Shop. Eaglebongs Shop will repay the amount paid by you into an account specified by you within 14 days at the latest, without incurring any other or further liability.
If any product ordered by you is not or no longer available, Eaglebongs Shop will be entitled to ship an alternative product that does not deviate substantially from the ordered product. Eaglebongs Shop will notify you of that fact as soon as feasible, but at any rate upon delivery of the product.
The alternative product is of at least equal quality and price and, to the extent possible, has the same features as the ordered product. If no alternative product is available or deliverable, Eaglebongs Shop will repay the amount paid by you into an account specified by you within 30 (thirty) days at the latest, without incurring any other or further liability.
Ownership of the ordered products shall not pass from Eaglebongs Shop to you until you have fully paid the agreed total amount in accordance with article 4 above.
You acknowledge that products ordered by you may be confiscated by customs. Such event falls outside of Eaglebongs Shop’s sphere of influence and Eaglebongs cannot make any guarantees in that regard. If such is the case Eaglebongs Shop will not refund any payments to you.
Article 6 - Returns and Complaints
Right of withdrawal
You have the right to withdraw from the contract within a period of 14 days without giving reasons.
The withdrawal period shall expire 14 days after the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.
In order to exercise the right of withdrawal, you must inform us
No.9420 E Doubletree Ranch Road, #108, Scottsdale, AZ United States of America
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery but excluding the costs associated with returns, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back.
You shall send back the products, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The costs of the return shipment will be at your expense, unless the return shipment involved an alternative product within the meaning of article 5. You bare the risk during this transportation. In the event payments have already been made, Eaglebongs Shop shall, after receiving the products concerned, refund the money of this Agreement – including shipment costs – to you within 14 days.
You shall handle ordered products with due care during the withdrawal period. You may only unpack and use the ordered products to be able and to the extent necessary to determine the nature, characteristics and functioning of the products. As a rule of thumb, you may only use and inspect the products as you would in the shop.
The obligations of Eaglebongs Shop referred to in this article will not be applicable in the event that the defect to a product has been fully or partially caused by any incorrect, improper, careless or incompetent use and/or if you have made any modifications to the products.
MODEL WITHDRAWAL FORM
Only fill in and return this form if you wish to rescind / withdraw from the agreement.
No.9420 E Doubletree Ranch Road, #108, Scottsdale, AZ United States of America
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*)
Ordered on (*)/received on (*)
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is submitted on paper)
(*) Delete as appropriate.
Article 7 - Privacy
Article 8 – Warranty and Indemnifications
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). Eaglebongs Shop does 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. Eaglebongs Shop 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:
- 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.
You indemnify and hold harmless Eaglebongs Shop against all possible loss or damage suffered and costs incurred by Eaglebongs Shop as a result of claims by third parties arising from:
- any act performed by you in using the Website and/or the use of your Account;
- any act performed by you that violates these General Terms 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.
You will be obliged to compensate Eaglebongs Shop for any and all costs incurred and loss or damage suffered by the latter relating in any way whatsoever to such claims.
Article 9 - Liability
Eaglebongs Shop'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:
- 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.
Any liability on the part of Eaglebongs Shop for loss or damage other than direct loss or damage (i.e. indirect loss or damage), including but not limited to consequential loss or damage, loss of and/or damage to data, loss of profit and loss of turnover, lost savings, reduced goodwill, loss due to business interruption and loss or damage due to claims your customers, is excluded.
Eaglebongs Shop will not in any event be liable in any way whatsoever for loss and/or damage caused by:
- 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 the meaning of article 2 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/or if you have made any modifications to a product.
The limitation of liability set out in this article does not apply in the event of an intentional act or omission or willful recklessness on the part of Eaglebongs Shop and/or its management.
Article 10 – Intellectual Property Rights
The intellectual property rights and related rights such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as rights to know-how and sui generis intellectual property rights (“Intellectual Property Rights”) with respect to the Website and with respect to the information made available through the Website, including but not limited to texts, look and feel, and video, audio, visual or photographic material, are vested in Eaglebongs Shop and/or its licensors.
Unless with permission from Eaglebongs Shop or the relevant entitled party or permitted by mandatory law, you are explicitly prohibited from downloading, copying, amending, reverse engineering, publishing and using any information made available through the Website for any direct or indirect commercial purposes or any other purposes other than those referred to in the General Terms.
You may not remove, obscure, conceal or modify any notices or statements relating to Intellectual Property Rights.
No part of the General Terms is intended to transfer any Intellectual Property Rights to you. You undertake to refrain from performing any acts that may infringe on the Eaglebongs Shop's Intellectual Property Rights, including filing applications for registration of domain names, trademarks or Google AdWords that are similar or identical to any item to which Eaglebongs Shop holds the Intellectual Property Rights.
Article 11 – Mobile Terms
For Service support or assistance, text HELP to email firstname.lastname@example.org .
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Article 12 – Third party’s website
Occasionally, the Website may make available a link to a third party's website. These linked websites are not under Eaglebongs Shop's control and Eaglebongs Shop is not responsible for any content, advertising, offers, services, products or other materials on or available from any linked website or any link contained in a linked website, or any changes or updates to such sites.
Article 13 - Miscellaneous
These General Terms constitute the entire agreement of the parties and supersede any and all prior and contemporaneous agreements of the parties relating to the subject matter. If any provision of these General Terms is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any other provision of these General Terms, all of which shall remain in full force and effect.
Eaglebongs Shop does not participate in a dispute resolution procedure before a (consumer) alternative dispute resolution body.
The EU Commission offers the possibility of dispute resolution on an online platform managed by the Commission. This platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
Eaglebongs Shop may assign its rights and obligations arising from the General Terms to third parties. Eaglebongs Shop will notify you of any such assignment in a timely manner. You may cease using the Website, if applicable: cancel your order and terminate your Account if you do not accept the assignment of obligations to a third party.
Last Update: This document is last updated on 4-20-2022