Terms and Conditions
TERMS & CONDITIONS
IF YOU ARE UNDER THE AGE OF 18, PLEASE EXIT THIS WEBSITE NOW.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of the Tokin Bear, LLC (“Tokin Bear”) website TokinBear.com (“Website”) agree that access to and use of the Website is subject to the following Terms and Conditions and other applicable law. If you do not agree to these Terms and Conditions, please do not use this Website. These Terms and Conditions are applicable to any use of the Website, to any services available on the Website, and to any and all offers, orders, and agreements connected therewith. 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. Please do not use drug paraphernalia slang when referring to one of our tobacco pipes. 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 without notice. Also, any governmental employee, agency, or agent must identify themselves to the operators of TokinBear.com upon their entering the Website, and when ordering any products from our Website. Tokin Bear, LLC (“Tokin Bear”) reserves the right to request a copy of any customer’s photo ID for age verification before shipping an order. All of our products are traditionally and solely intended for tobacco use or concentrated essential oils, by legal adults. You must be 18 years old (21 in some areas) to purchase anything from this website. It is your sole responsibility to know your state and local laws regarding the possession and use of tobacco pipes and accessories.
You are responsible for compliance with any and all applicable federal, state, and local laws. TokinBear.com makes no representations that the materials contained within this Website are appropriate for locations outside Georgia. TokinBear.com reserves the right to refuse service/goods.
PURCHASES OF TOBACCO PRODUCTS AND ELECTRONIC CIGARETTES
If you purchase any tobacco products from TokinBear.com, and you are under the legal age to purchase tobacco and/or tobacco accessories including, but not limited to, water pipes, you may be subject to local prosecution and fines. Your legal guardians shall be solely liable for any damage resulting from any violation of applicable laws.
You agree that any tobacco products, accessories, or supplies purchased by you will be used for lawful purposes, including tobacco or legal blend (as defined in your municipality) use only, and that it is legal in your country and/or state to purchase tobacco-related products.
Use of these products is entirely at the risk and discretion of the user, and TokinBear.com will not be responsible for any use or misuse of the products sold herein.
SURGEON GENERAL’S WARNING: Smoking Causes Lung Cancer, Heart Disease, Emphysema, and May Complicate Pregnancy. Quitting Smoking Now Greatly Reduces Serious Risks to Your Health. Smoking by Pregnant Women May Result in Fetal Injury, Premature Birth, and Low Birth Weight. Cigarette Smoke Contains Carbon Monoxide.
If you purchase any vaporizers and/or electronic cigarettes, you agree they are not a medical device. The information on the TokinBear.com is not intended to be used as a diagnosis, treatment, or cure. Some people may experience an allergic reaction or other side effects of aromatherapy vapors and/or electronic cigarettes. Please consult your physician prior to using a vaporizer and/or electronic cigarette, or if you experience any adverse effects. Vaporizers and/or electronic cigarettes are intended for aromatherapy, delivery of aromatic blends, or smokeless use of tobacco only.
Electronic cigarettes are not for use by persons under the legal smoking age. TokinBear.com will not be responsible for improper use of any electronic cigarettes sold on the Website. Keep out of reach of children and pets. If swallowed, electronic cigarettes can present a choking hazard. Nicotine is addictive and can be toxic if inhaled or ingested, and may cause irritation if it comes into contact with your eyes or skin. Wash immediately with soap and water upon contact. Like other products with nicotine, you should not use electronic cigarettes if you are pregnant or breastfeeding, have or are at risk of heart disease, high blood pressure, diabetes, if you are taking medicines for depression or asthma, or if you are allergic to nicotine, propylene glycol, or any combination of inhalants. Discontinue use and consult a physician if you experience symptoms of nicotine misuse such as nausea, vomiting, dizziness, diarrhea, weakness, or rapid heartbeat. Electronic cigarettes do not treat, diagnose, or cure any disease, physical ailment, or condition. They are not marketed for use as a smoking cessation product, and are not intended for use by non-smokers. The electronic cigarettes sold on the Website and the statements made herein have not been evaluated by the FDA, or any other health or regulatory authority.
Warning. Electronic cigarettes with nicotine contain a chemical known to cause birth defects or other reproductive harm.
Note: The items listed on the Website are intended for tobacco and/or legal smoking blends only. Please exit this Website if you do not accept these Terms and Conditions, are not of a legal age in your place of residence to purchase tobacco related products, or are in a country where use of this Website is not permitted.
TokinBear.com does not offer shipping to third parties as gifts or otherwise. We are only able to ship our product(s) to those who have purchased it and agreed to our Terms and Conditions. Therefore, we will only ship to the credit card holder’s name.
For international orders, TokinBear.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.
TokinBear.com only accepts returns on unused products, and a return claim must be filed within seven (7) days of the delivery date. We are not able to accept returns, exchanges, or offer full or partial refunds for products that have been used. Please inspect all items prior to use. Once used, they cannot be returned for any reason. If you decide to send an item back, please be sure to package it the same way it arrived to ensure that it does not break on the way back to us. We recommend you purchase insurance on all return shipments covering the full amount of the order. If you chose not to purchase insurance and your shipment is damaged, Tokin Bear cannot offer you a refund. Once the item has been inspected and approved for restocking, a full refund for the purchase price will be issued. If you are returning an item due to preference and not a TokinBear.com error (wrong product/DOA/piece missing) and you received free shipping, you will receive a refund equal to the full purchase amount minus the cost of shipping. Shipping and handling fees are non-refundable, and buyer is responsible for any return shipping fees incurred.
TokinBear.com may revise and update these Terms and Conditions at any time. Your continued usage of the Website after any changes to these Terms and Conditions will mean you accept those changes. Any aspect of the Website may be changed, supplemented, deleted, or updated without notice at the sole discretion of Tokin Bear.
Copyright. The entire content included in this Website including, but not limited to, text, graphics, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Tokin Bear. The collective work includes works that are licensed to Tokin Bear. Copyright 2016, Tokin Bear.
All Rights Reserved. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with Tokin Bear, or purchasing Tokin Bear, products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with Tokin Bear, or to purchase Tokin Bear products. Any other use including, but not limited to, the reproduction, distribution, display, or transmission of the content of this Website is strictly prohibited, unless expressly authorized by Tokin Bear in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
Trademarks. All trademarks, service marks, and trade names of Tokin Bear used on the Website are trademarks or registered trademarks of Tokin Bear.
Warranty Disclaimer. THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOKIN BEAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TOKIN BEAR DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOKIN BEAR DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
Limitation of Liability. Tokin Bear shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Website or the performance of the products, even if Tokin Bear has been advised of the possibility of such damages. Any possible liability of Tokin Bear is limited to the cost of the goods or services sold to the affected customer.
Typographical Errors. In the event that a Tokin Bear product is mistakenly listed at an incorrect price, Tokin Bear reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Tokin Bear reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Tokin Bear shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination. These Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These Terms and Conditions, or any part of them, may be terminated by Tokin Bear without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination.
Notice. Tokin Bear may deliver notice to you by means of email, a general notice on the Website, or by other reliable method to the address you have provided to Tokin Bear.
Miscellaneous. Your use of this Website shall be governed in all respects by the laws of the state of Georgia, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including, but not limited to, the purchase of Tokin Bear products) shall be in the state or federal courts located in Richmond County, Georgia. Any cause of action or claim you may have with respect to the Website (including, but not limited to, the purchase of Tokin Bear products) must be commenced within one (1) year after the claim or cause of action arises. Tokin Bear’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Tokin Bear may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Website. Harassment in any manner or form on the Website, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Tokin Bear or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer. Tokin Bear does not and cannot review all communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, Tokin Bear is merely acting as a passive conduit for such distribution, and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Tokin Bear reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another; or (d) offensive or otherwise unacceptable to Tokin Bear in its sole discretion.
Indemnification. You agree to indemnify, defend, and hold harmless Tokin Bear, its officers, directors, owners, employees, agents, licensors, and suppliers (collectively, “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your internet account.
Third-Party Links. In an attempt to provide increased value to our visitors, Tokin Bear may link to sites operated by third parties. However, even if the third party is affiliated with Tokin Bear, Tokin Bear has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tokin Bear. Tokin Bear is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this Website, you acknowledge and agree that TokinBear.com has not reviewed all the sites linked to this Website, and is not responsible for the content of any off-site pages or any other site linked to this Website. These linked sites are only for your convenience, and therefore you access them at your own risk. Nonetheless, Tokin Bear seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for sites it links to as well (including if a specific link does not work).
PLEASE EXIT THIS WEBSITE IF YOU DO NOT AGREE TO THESE
TERMS AND CONDITIONS.