Welcome to BongHaus. These Terms of Service (“Terms”) govern your access to and use of www.bonghaus.com and any related pages, content, products, and services we provide (collectively, the “Site”). By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree, do not use the Site.
1) Eligibility & Age Restriction
The Site is intended only for adults who are of legal purchase age for smoking accessories where they reside (commonly 21+ in many U.S. states, 18+ in some jurisdictions). By using the Site, you represent that you meet the legal age and will comply with all applicable laws. Do not use the Site if you are under the legal age.
2) Changes to Terms
We may update these Terms at any time. Changes take effect when posted on this page with the “Last Updated” date. Your continued use of the Site constitutes acceptance of the updated Terms.
3) Accounts & Security
You may create an account to use certain features. You agree to:
-
provide accurate, current, and complete information,
-
maintain and promptly update your info,
-
keep your credentials confidential and be responsible for all activities under your account,
-
notify us immediately of any unauthorized access or suspected breach.
We may suspend or terminate accounts that violate these Terms.
4) Orders, Acceptance & Cancellation
-
Order Acceptance. Your order is an offer to buy; we may accept or reject any order at our discretion (e.g., suspected fraud, shipping restrictions, pricing/stock errors). We will notify you if we cannot fulfill all or part of an order and will refund any cancelled portion.
-
Quantity Limits. We may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
-
Order Changes/Cancellation by You. Once placed, orders may not be changed or cancelled if they have already entered processing or shipment.
5) Pricing, Promotions & Errors
-
Prices & Taxes. Prices are listed in USD unless stated otherwise and exclude shipping, taxes, and duties, which are added at checkout. You are responsible for all applicable taxes and import duties.
-
Promotions/Coupons. Promotions are subject to terms and may change or end without notice. Only one promotion may apply per order unless we state otherwise. Promotions are not redeemable for cash.
-
Errors. We strive for accuracy but do not guarantee that product descriptions, pricing, availability, or other content is error-free. We may correct errors and cancel or adjust orders accordingly.
6) Payment
We accept the payment methods shown at checkout (e.g., Shopify Payments/Stripe, PayPal, Checkout.com, Adyen—availability varies). By submitting payment information, you represent that you are authorized to use the chosen method and authorize us and our payment processors to charge the full amount (including shipping, taxes, and duties). We do not store full card numbers/CVV.
7) Shipping, Delivery & Risk of Loss
-
Shipping. We ship to locations listed at checkout. Some jurisdictions restrict smoking accessories; we may refuse shipment where prohibited.
-
Title & Risk. Title and risk of loss pass to you upon our delivery of items to the carrier. If a package is lost or damaged in transit, please contact the carrier and us promptly so we can assist where possible.
-
Delivery Estimates. Dates are estimates only and not guarantees. We are not liable for delays outside our reasonable control (carrier delays, customs, weather, etc.).
8) Returns & Refunds
To keep this page flexible for your policy, please set your exact terms and link them here. A common pattern is:
-
Return Window: Unused, unopened items may be returned within [7] days of delivery with original packaging (finalize the period).
-
Exclusions: Used items, clearance items, gift cards, and sanitary/intimate items are typically non-returnable unless defective on arrival.
-
Process: Contact us for an RMA before sending anything back. Unauthorized returns may be rejected.
-
Refunds: After inspection, refunds are issued to the original payment method for the merchandise price (shipping and certain fees may be non-refundable).
-
Defects/Shortages: Notify us within [72] hours of delivery.
Replace this section with your actual policy and/or link: Returns & Refunds.
9) Product Use, Compliance & Safety
-
Legal Use Only. Products are intended for lawful use with legal substances in your jurisdiction. You are solely responsible for understanding and complying with local laws.
-
No Medical Claims. Products are not medical devices, are not intended to diagnose, treat, cure, or prevent any disease, and are for adult use only.
-
Prop 65 (California). Some products may expose you to chemicals including nicotine or other substances known to the State of California to cause cancer or reproductive harm. For more info, see www.P65Warnings.ca.gov.
-
Care & Instructions. Follow all instructions, warnings, and maintenance guidelines. Misuse can cause injury or property damage.
10) Prohibited Conduct
You agree not to:
-
use the Site for any unlawful purpose, including to purchase or ship where prohibited;
-
infringe or violate others’ rights, or upload illegal, harmful, deceptive, or infringing content;
-
interfere with Site operation (malware, scraping without permission, high-volume requests, reverse engineering, circumventing security, etc.);
-
misrepresent your identity or affiliation, or attempt to obtain unauthorized access to the Site, other accounts, or systems.
We may investigate and cooperate with law enforcement regarding suspected violations.
11) Intellectual Property
The Site, including text, images, logos, trademarks, graphics, videos, code, and other materials, is owned by BongHaus or its licensors and protected by IP laws. Except as expressly allowed, you may not copy, modify, distribute, display, perform, create derivative works from, or exploit any portion of the Site without our prior written consent.
12) User Content (Reviews, Photos, Comments)
If you submit or post content (collectively, “User Content”):
-
You grant BongHaus a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, publish, translate, distribute, display, and create derivative works from your User Content in any media for marketing, promotion, and Site operation.
-
You represent you own or control the rights to your User Content and that it does not infringe any third-party rights or violate law.
-
We may moderate, edit, or remove User Content at our discretion.
13) Third-Party Services & Links
The Site may link to or integrate third-party sites, apps, pixels, or services. We are not responsible for their content, policies, or practices. Your use of third-party services is at your own risk and subject to their terms.
14) Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, PRODUCTS, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BONGHAUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not guarantee the Site will be uninterrupted, timely, secure, error-free, or that defects will be corrected.
Some jurisdictions do not allow limitations on implied warranties; some limitations may not apply to you.
15) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BONGHAUS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE) ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY.
IN NO EVENT WILL OUR TOTAL LIABILITY EXCEED THE AMOUNTS YOU PAID TO BONGHAUS FOR THE PRODUCT(S) OR SERVICE(S) AT ISSUE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow certain limitations; some or all of the above may not apply to you.
16) Indemnification
You agree to defend, indemnify, and hold harmless BongHaus and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your misuse of the Site or products, or your violation of law or third-party rights.
17) Dispute Resolution; Arbitration; Class Action Waiver (U.S. Users)
Please read this section carefully. It affects your rights.
-
Arbitration. Except for small-claims matters or claims for injunctive relief regarding intellectual property or Site security, any dispute arising from or relating to these Terms or the Site will be resolved by binding arbitration administered by JAMS (or a comparable provider) under its applicable rules.
-
Venue & Law. Unless prohibited, arbitration will occur in [Denver, Colorado] or via remote video at either party’s request, under the laws of the State of Colorado, without regard to conflicts of law (update the state/city if different).
-
Class/Representative Actions Waiver. Disputes will be resolved only on an individual basis; class, collective, and representative actions are not permitted.
-
Opt-Out. You may opt out of this arbitration agreement by emailing customer@bonghaus.com within 30 days of your first use or account creation, stating your name and that you are opting out of arbitration.
18) DMCA Notice (U.S.)
If you believe content on the Site infringes your copyright, please send a notice containing:
-
your physical/electronic signature;
-
identification of the copyrighted work;
-
identification of the allegedly infringing material and its location;
-
your contact information;
-
a statement of good-faith belief; and
-
a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized agent.
Designated Agent:
Email: customer@bonghaus.com
We may remove content and terminate repeat infringers consistent with the DMCA.
19) Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, the rights granted to you will cease; provisions that by their nature should survive (e.g., IP, disclaimers, limitations of liability, dispute resolution) will survive.
20) Electronic Communications; E-Sign Consent
By using the Site or communicating with us, you consent to receive electronic communications from us (e.g., emails, notices). You agree that all agreements, notices, and other communications we provide electronically satisfy legal requirements that such communications be in writing.
If you subscribe to SMS/MMS, additional terms may apply (link your SMS terms if used): /pages/sms-terms.
21) International Users; Export Controls
You are responsible for compliance with local laws. You may not use, export, or re-export products or content in violation of U.S. export laws and regulations or the laws of your jurisdiction.
22) Miscellaneous
-
Governing Law. These Terms are governed by the laws of the State of Colorado (update if different), except to the extent preempted by U.S. federal law.
-
Severability. If any provision is unlawful or unenforceable, it will be severed and the remaining provisions will remain in effect.
-
No Waiver. Our failure to enforce any right or provision is not a waiver of it.
-
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
-
Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
-
Entire Agreement. These Terms, plus any policies referenced (Privacy Policy, Returns Policy, etc.), constitute the entire agreement between you and us regarding the Site and products.
23) Contact Us
Questions about these Terms or our products?
-
Email: customer@bonghaus.com
-
Website: www.bonghaus.com
