Legal Terms & Conditions of Use
IMPORTANT! PLEASE READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THIS SITE.
YOU MUST BE 18 YEARS OLD TO PURCHASE ANYTHING FROM 221 RX DBA 172nd Street Glass.
YOU MUST BE OF LEGAL SMOKING AGE TO BUY AND/OR USE ANY PRODUCTS SOLD ON 172nd.COM.
ARTICLE 1: GENERAL INFORMATION
This website (the “Site”) is operated by 221 RX DBA 172nd Street Glass (collectively, “we,” “us” or “our”). Your use of, and access to, this Site is subject to these Terms of Service (these “Terms”). These Terms are a legal agreement between you and us, and they contain important information on your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Site, you (i) acknowledge that you have read and understand, and are agreeing to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules, policies and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. This Site is not for children under 18 years of age and in no event shall any person under the age of 18 use the Site. You further acknowledge and agree that your access to and use of the Site and the services provided through the Site are valuable benefits that you receive by agreeing to, and complying with, these Terms. If you do not wish to agree to these Terms, you may not access, browse or use the Site and you should discontinue these activities immediately.
We may change or revise these Terms at any time, for any reason and without notice, and if you use or access the Site or any services offered on the Site at any time on or after the “Last Updated As Of” date set forth above, you are deemed to have been notified of, and your use or access of the Site or any such services after that date signifies your acceptance of, any changes or revisions arising on or before that date. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms. You can address your questions or concerns regarding these Terms to [email protected].
ARTICLE 2: LIMITATION OF LIABILITY
Except as set out below, under no circumstances, including, without limitation, breach of contract, tort, negligence, strict liability or arising under any other legal or equitable theory will the 221 RX DBA 172nd Street Glass parties or any of their officers, directors, members or employees be liable for any direct, indirect, special, punitive, incidental or consequential damages that arise out of or in connection with the use of the site or with the delay or inability to use the site, or for any information, software, products or services obtained through the site, or otherwise arising out of the use of the site, even if advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, those aspects of the above limitation may not apply to you, in which case the liability of the 172nd Street Glass parties and their officers, directors, members and employees shall be limited to the fullest extent permitted by law.
To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability, in the aggregate, of 221 RX DBA 172nd Street Glass and any of their officers, directors, members, employees, or subconsultants, and any of them, to the Client and anyone claiming by or through the Client, for any and all claims, losses, costs or damages, including attorneys’ fees and costs and expert-witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way related to this Agreement from any cause or causes shall not exceed the total compensation received by 221 RX DBA 172nd Street Glass under this Agreement, or the total amount of $100.00, whichever is greater.
It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
Disclaimer: we are not your attorneys, and the information we present here is not legal advice. We present this information for informational purposes only.
ARTICLE 3: GOVERNING LAW AND JURISDICTION
ARTICLE 4: PURCHASE OF TOBACCO PRODUCTS
If you purchase any tobacco products from 172nd.com and you are under the legal age to purchase tobacco and/or tobacco accessories including, but not limited to, water pipes, you are subject to local prosecution and fines. Your legal guardians shall be solely liable for any damage resulting from any infringement of such 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 172nd.com will not be responsible for any use or misuse of the products sold herein.
If you purchase any vaporizers, you agree that they are not a medical device. The information on the 172nd.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. Please consult your physician prior to using a vaporizer, or if you experience any adverse effects. Vaporizers are intended for aromatherapy, delivery of aromatic blends, or smokeless use of tobacco only.
ARTICLE 5: VAPORIZER PRODUCT DISCLAIMER
Among other items offered for sale on the site, we sell vaporizers. Vaporizers are designed, manufactured and sold as hot air extraction devices used and intended to be used in the fields of aromatherapy. The lawful and proper use of any vaporizer or accessory is a required condition of sale. by purchasing vaporizer products, you are representing that you are 18 years of age or older, and that you agree to follow the instructions contained in these terms and in any accompanying literature. The improper use of vaporizers may void any applicable warranty. Any illegal use or resale of vaporizers could subject you to fines, penalties and/or imprisonment under state and federal law.
Vaporizers are only to be used by someone knowledgeable in the fields of aromatherapy. Only legal, safe, known, identifiable and commercially developed and marketed essential oils or aromatherapy blends should be used in any vaporizers purchased from this site. Keep vaporizers and all similar products out of the reach of children. Study this information, the product instructions, and all of the accompanying literature before using a vaporizer or any essential oil or aromatherapy blend.
The information contained in this disclaimer and any other cautionary instructions, and all of the documentation and literature included with any vaporizer product sold on this site was developed for informational purposes only. In no way is any of the information contained in this disclaimer or other documentation intended to be a medical or prescriptive guide. No essential oil or aromatherapy blend should take the place of any prescribed medication. Neither the manufacturer nor the seller, or their respective affiliates, directors, officers or shareholders, of any vaporizers or similar products offered for sale on the site is responsible for the misuse of such products or the misuse of any essential oil or aromatherapy blend. You and any other user of such products are solely responsible for the use of such products and the consequences of such use.
ARTICLE 6: 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 221 RX DBA 172nd Street Glass.
Unless otherwise specified by 221 RX DBA 172nd Street Glass, all offers made by 221 RX DBA 172nd Street Glass are without commitment full payment is received and confirmed by 221 RX DBA 172nd Street Glass, by which the agreement between you and 221 RX DBA 172nd Street 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 221 RX DBA 172nd Street 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 7: 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, unless you have opted for payment in arrears or if the shipment option has been set to in-store pickup. During the transportation of the product(s) 221 RX DBA 172nd Street 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 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 a redelivery may need to be arranged. All purchases over $100.00 USD will require a signature at the time the package is delivered. If the purchasing party desires no signature confirmation, the purchasing party must include the lack of a signature in when purchasing, or the purchasing party may contact 221 RX DBA 172nd Street Glass immediately following purchase at [email protected] to inform 221 RX DBA 172nd Street Glass of this change. The costs of redelivery of the products ordered by you will be at your expense.
In case 221 RX DBA 172nd Street Glass is not able to deliver the product(s) within 30 (thirty) days, 221 RX DBA 172nd Street Glass shall inform you immediately in writing in which case you are entitled to terminate the Agreement by notifying such in writing to 221 RX DBA 172nd Street Glass. 221 RX DBA 172nd Street 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.
If any product ordered by you is not or no longer available, 221 RX DBA 172nd Street Glass will refund your money. 221 RX DBA 172nd Street 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. 221 RX DBA 172nd Street Glass will notify you of that fact as soon as feasible.
221 RX DBA 172nd Street 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 8: RETURNS AND COMPLAINTS
After receiving the products, you are entitled to terminate the Agreement without giving reasons within 24 hours provided that the products are still factory sealed You have to inform 221 RX DBA 172nd Street Glass of the termination via email and must 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 221 RX DBA 172nd Street Glass shall, after receiving the products concerned, and reviewing it make sure the product is unused, refund the money of this Agreement to you within 30 (thirty) days.
You can file a complaint relating to the Website with 221 RX DBA 172nd Street Glass by contacting 221 RX DBA 172nd Street Glass at [email protected]gmail.com. 221 RX DBA 172nd Street Glass will respond to the complaint as soon as feasible.
Complaints with respect to the delivered products will only be handled if communicated to 221 RX DBA 172nd Street 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 221 RX DBA 172nd Street 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 221 RX DBA 172nd Street Glass.
The obligations of 221 RX DBA 172nd Street 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 9: YOUR REGISTRATION AND YOUR USER INFORMATION
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Registration or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Registration or Your User Information, and of any and all other security breaches.
We reserve the right to terminate Your Registration or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Registration and remove your User Content from the Site. You have the right to cancel Your Registration at any time. You may cancel Your Registration by following the instructions on the Site.
If you voluntarily terminate Your Registration or allow Your Registration to lapse, you may reactivate Your Registration at any time through the account interface on the Site. Accounts terminated by us for any type of abuse, including without limitation a violation of these Terms, may not be reactivated.
ARTICLE 10: 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). 221 RX DBA 172nd Street 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. 221 RX DBA 172nd Street Glass 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.
ARTICLE 11: 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 neighboring 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 221 RX DBA 172nd Street Glass and/or its licensors.
Unless with permission from 221 RX DBA 172nd Street Glass 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 221 RX DBA 172nd Street Glass’ Intellectual Property Rights, including filing applications for registration of domain names, trademarks or Google AdWords that are similar or identical to any item which 221 RX DBA 172nd Street Glass holds the Intellectual Property Rights.
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 221 RX DBA 172nd Street Glass’ control and 221 RX DBA 172nd Street Glass 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: HEALTH INFORMATION
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.
Products sold at 172nd.com are not intended for use to treat any type of medical condition. Prior to using any product sold at 172nd.com, you should consult your physician regarding its safety. If you become sick or injured due to using any product on our site, it is your sole responsibility. We are not liable.
ARTICLE 14: MISCELLANEOUS
These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site and all matters relating to your access to, and/or use of, the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.