Terms and Conditions
Terms and Conditions for Use of www.mjdkshop.com
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
If you do not accept these terms and conditions of use, please do not use this website.
If you are under the age of 18 or in some cases under the age of 21 depending on the state you live in, please exit this site now.
We are absolutely serious about NOT selling to any persons under 18 or even 21. We ask that you please respect our wishes an our determination to follow the law when selling our products. Thank you in advance.
These Terms and Conditions (“Terms and Conditions”) are applicable to any use of the website www.mjdkshop.com (“Website”), to any services available on the Website and to any and all offers, orders and agreements connected therewith (“Services”).
All products on this website are intended for legal use and may not be used, or discussed in a manner that is illegal. As the consumer it is your responsibility to know your local and state laws before making your purchase. It is illegal to use drug paraphernalia slang when referring to one of our tobacco pipes in the State of California. If you do, you will be denied service as required by law, any communication that includes the use of such illegal terms will not be answered by us and will be deleted from our system with out notice. Also, any governmental employee, agency, or agent must identify themselves to us upon their entering the site, and when ordering any products from our site.
US Code 21-863 refers to ALL materials used to manufacture tobacco accessories; metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes. In specific, pipes with carburetion devices (third holes) are considered to be paraphernalia regardless of the material used to manufacture the pipe. Traditional tobacco accessories like pipes, cigar and cigarette holders and hookah/sisha pipes are not included in the list of Contemporary accessories. U.S. vs. Posters & Things (Supreme Court – 1996) upholds this code as the OBJECTIVE standard by which paraphernalia is judged. Further, it describes other relevant factors in this determination to include whether the owner is a licensed distributor or retailer of tobacco products. Ten states have adopted USC 21-863 as state law, three more are in the process of adoption. All other states have either less rigorous SUBJECTIVE (intent) statutes or no law on this subject at all! All of our glass pipes conform to RTDA guidelines for bowl depth and width.
By entering this site you acknowledge and agree that this site will only be construed and evaluated according to California law. If you use this site from other locations, you are responsible for compliance with any and all applicable local laws.
mjdkshop.com makes no representations that the materials contained within this site are appropriate for locations outside California. Any and all information contained in this site, including but not limited to information related to products and services, applies only to those provided or offered in California. We reserve the right to refuse service/goods.
For international orders mjdkshop.com does not guarantee that customs will not confiscate the products ordered by you. If in the unlikely event your package is we will not refund any payments to you, and a reshipment of your order will not be possible. You are solely responsible for knowing the import restrictions on any of the products that you order and that may apply in your country of delivery.
Article 1 – Online store terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Article 2 – General
All products on this site are intended for tobacco use only.
Most products are made by hand.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. By using the product you agree and accept ownership of the product, once the product has been used no return/exchange is applicable.
Article 3 – Modifications to the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Article 4 – Products and Orders
You agree that all products, including but not limited to waterpipes, 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 MJDK Shop.
Unless otherwise specified by MJDK Shop, all offers made by MJDK Shop are without commitment until you have received confirmation of your order from MJDK Shop, by which the agreement between you and MJDK 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 MJDK 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 5 – Delivery and shipping info
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. During the transportation of the product(s) MJDK 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, a redelivery may need to be arranged. The costs of redelivery of the products ordered by you will be at your expense.
In case MJDK Shop is not able to deliver the product(s) within 30 (thirty) days, MJDK Shop shall inform you immediately in writing in which case you are entitled to terminate the Agreement by notifying such in writing to MJDK Shop. MJDK 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.
If any product ordered by you is not or no longer available, MJDK Shop will be entitled to ship an alternative product. MJDK 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, MJDK 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.
Article 6 – Returns and Complaints
After receiving the products, you are entitled to terminate the Agreement without giving reasons within 7 (seven) days provided that the products are still factory sealed. You have to inform MJDK Shop of the termination via email and have to return the products immediately.
The costs of the return shipment will be at your expense, unless the return shipment involved an alternative product within the meaning of article 4. You bare the risk during this transportation. In the event payments have already been made, MJDK Shop shall, after receiving the products concerned, refund the money of this Agreement – including shipment costs – to you within 30 (thirty) days.
You can file a complaint relating to the Website with MJDK by filling out the contact form on the contact page of the Website. MJDK Shop will respond to the complaint as soon as feasible.
Complaints with respect to the delivered products will only be handled if communicated to MJDK Shop within 30 (thirty) days of delivery of the products, with a detailed description of the nature and extent of the concerning defect. After this period has expired, the delivered products are deemed to have been found satisfactory and the delivery has been unconditionally accepted.
If MJDK Shop is of the opinion that a complaint is justified, it is obliged only to deliver replacement products as soon as possible without you being entitled to compensation for any damages. The costs of both return consignments, repair and/or replacement will be paid by MJDK Shop.
The obligations of MJDK 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.
Article 7 – 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). MJDK 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. MJDK 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 MJDK Shop against all possible loss or damage suffered and costs incurred by MJDK Shop as a result of claims by third parties arsing 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 MJDK Shop for any and all costs incurred and loss or damage suffered by the latter relating in any way whatsoever to such claims.
Article 8 – Personal Information
Article 9 – 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 MJDK Shop and/or its licensors.
Unless with permission from MJDK 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 MJDK 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 MJDK Shop holds the Intellectual Property Rights.
Article 10 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MJDK Shop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Article 11 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Article 12 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Pennsylvania.
Article 13 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Article 14 – Contact Information
Questions about the Terms of Service should be sent to us at [email protected]