Terms & Conditions
IF YOU ARE UNDER THE AGE OF 21, PLEASE EXIT THIS SITE NOW.
Please read the following terms and conditions before using this website. All users of this site agree that access to and use of this site are 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 site. These General Terms and Conditions(“Terms and Conditions”) are applicable to any use of the website www.whelanssmokeshop.com (“Website”), to any services available on the Website and to any and all offers, orders and agreements connected there with (“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 New Jersey. 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 Whelan’s Smokeshop, upon their entering the site, and when ordering any products from our site. bigalsmokeshop.com reserves the right to request a scan of any customers 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 21 years old 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. Although this site may be linked to other sites, whelanssmokeshop.com is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this site you acknowledge and agree that bigalsmokeshop.com has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.
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/shisha 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. whelanssmokeshop.com makes no representations that the materials contained within this site are appropriate for locations outside of 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. Whelan’s Smokeshop reserves the right to refuse service/goods.
Purchases of Tobacco Products and Electronic Cigarettes
If you purchase any tobacco products from whelanssmokeshop.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 whelanssmokeshop.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 that they are not a medical device. The information on bigalsmokeshop.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 aroma therapy, delivery of aromatic blends, or smokeless use of tobacco only.
Electronic cigarettes are not for use by persons under legal smoking age. Whelanssmokeshop.com will not be responsible for improper use of any electronic cigarettes sold on the Site. 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 Site 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 the state of California to cause birth defects or other reproductive harm.
Note: The items listed herein are intended for tobacco and/or legal smoking blends only. Please exit this site if you do not accept these terms and conditions or are not of legal age in your place of residence to purchase tobacco-related products, or are in a country where the use of this site is not permitted.
Whelanssmokeshop.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 holders name.
Whelanssmokeshop.com only accepts returns on un-used products, and a return claim must be filed within fourteen 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 all return shipments purchase insurance covering the full amount of the order. If you chose not to purchase insurance and your shipment is damaged, Whelanssmokeshop.com can not offer you a refund. Once the item has been inspected and approved for re-stocking, a full refund for the purchase price will be issued. If you are returning an item due to preference and not a Whelanssmokeshop.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 the buyer is responsible for any return shipping fees incurred.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Whelan’s Smokeshop or purchasing Whelan’s Smokeshop 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 site solely for your own non-commercial use, or to place an order with Whelan’s Smokeshop or to purchase Whelan’s Smokeshop products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Whelan’s Smokeshop. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Warranty Disclaimer: This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Whelan’s Smokeshop disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Whelan’s Smokeshop does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Whelan’s Smokeshop does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability: Whelan’s Smokeshop 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 site or the performance of the products, even if Whelan’s Smokeshop has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors: In the event that a Whelan’s Smokeshop product is mistakenly listed at an incorrect price, Whelan’s Smokeshop reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Whelan’s Smokeshop 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, Whelan’s Smokeshop shall issue a credit to your credit card account in the amount of the incorrect price.
Termination: These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Whelan’s Smokeshop 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: Whelan’s Smokeshop may deliver notice to you by means of e-mail, a general notice on the site, or by another reliable method to the address you have provided to Whelan’s Smokeshop.
Miscellaneous: Your use of this site shall be governed in all respects by the laws of the state of California, 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 site (including but not limited to the purchase of Whelan’s Smokeshop products)shall be in the state or federal courts located in San Joaquin County, California. Any cause of action or claim you may have with respect to the site(including but not limited to the purchase of Whelan’s Smokeshop products) must be commenced within one (1) year after the claim or cause of action arises. Whelan’s Smokeshop 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. Whelan’s Smokeshop may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site: Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Whelan’s Smokeshop or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site 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 site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer: Whelan’s Smokeshop does not and cannot review all communications and materials posted to or created by users accessing the site, 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 site, Whelan’s Smokeshop 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 site. However, Whelan’s Smokeshop 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 rights of another or (d)offensive or otherwise unacceptable to Whelan’s Smokeshop in its sole discretion.
Identification: You agree to identify, defend, and hold harmless Whelan’s Smokeshop, its officers, directors, employees, agents, licensors and suppliers (collectively the “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 site using your Internet account.
Third-Party Links: In an attempt to provide increased value to our visitors, Whelan’s Smokeshop may link to sites operated by third parties. However, even if the third party is affiliated with Whelan’s Smokeshop, Whelan’s Smokeshop has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Whelan’s Smokeshop. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Whelan’s Smokeshop seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site but for sites it links to as well (including if a specific link does not work).
PLEASE EXIT THIS SITE IF YOU DO NOT AGREE TO THESE CONDITIONS.