These general terms ("General Terms") are applicable to any use of the web-shop on the website www.boxstateglass.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 Box State Glass. 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 18 years. The Website is intended solely for persons who are 18 years of age or older, and any registration, use or access to the Website by anyone under the age of 19 is unauthorized, unlicensed, and in violation of these General Terms.
Box State Glass reserves the right, in its sole discretion, to terminate your access to all or any part of the Website and/or your personal environment in the Website including your information at any time for any reason whatsoever without prior notice or liability. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the General Terms, specifically – but not limited thereto – if Box State Glass believes that you are under the age of 18, (b) requests by law enforcement, (c) unexpected technical or security issues or problems, and (d) extended periods of inactivity.
Box State Glass is at all times authorized 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 - Products and Orders
You agree that the use of the Website including the web-shop 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 Box State Glass.
Unless otherwise specified by Box State Glass, all offers made by Box State Glass are without commitment until you have received confirmation of your order from Box State Glass, by which the agreement between you and Box State Glass 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 Box State Glass.
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 3 - Price and Payment
All prices stated by Box State Glass are in USD and inclusive of added tax , 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. You will be in default by operation of law, without any notice of default or warning being required, if and as soon as the direct debit is rejected or reversed or if you fail to pay any of Box State Glass invoices within the specified payment term.
Article 4 - 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) Box State Glass will carry the risk of damage, theft or loss. At the moment of delivery of the product(s) the risk passes to you.
If any product ordered by you is not or no longer available, Box State Glass will be entitled to ship an alternative product. Box State Glass 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, Box State Glass 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 5 - 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 Box State Glass of the termination via email and have to return the products immediately.
The costs of the return shipment will be at your expense. You bare the risk during this transportation. In the event payments have already been made, Box State Glass 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 Box State Glass by filling out the contact form on the contact page of the Website. Box State Glass will respond to the complaint as soon as feasible.
Complaints with respect to the delivered products will only be handled if communicated to Box State Glass 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 Box State Glass 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 Box State Glass.
The obligations of Box State Glass 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 6 - Privacy
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). Box State Glass 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. Box State Glass disclaims all warranties, either express or implied, including, but not limited to, warranties of condition, quality, merchant-ability, 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 Box State Glass against all possible loss or damage suffered and costs incurred by Box State Glass as a result of claims by third parties arising from:
any act performed by you in using the Website
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 Box State Glass for any and all costs incurred and loss or damage suffered by the latter relating in any way whatsoever to such claims.
Box State Glass does not guarantee that customs does not confiscate the products ordered by you. If such is the case Box State Glass will not refund any payments to you.
Article 8 - Liability
Box State Glass 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 Box State Glass 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.
Box State Glass 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;
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 unauthorized access to or use of the Website by third parties; or
any incorrect, improper, careless or incompetent use of a product and/of 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 Box State Glass and/or its management.
A claim for compensation cannot be considered unless you have notified Box State Glass in writing of the loss or damage as soon as feasible after its occurrence. All claims for compensation against Box State Glass will be barred by the mere expiry of a period of 12 (twelve) months after their inception.
Article 9 - 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.
These General Terms are governed by US law, unless mandatory law dictates the applicability of the laws of another country. Box State Glass may assign its rights and obligations arising from the General Terms to third parties. Box State Glass will notify you of any such assignment in a timely manner. You may cease using the Website if you do not accept the assignment of obligations to a third party.