General Terms – MysticTimber.com
These general terms (“General Terms”) are applicable to any use of the website www.mystictimber.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 Mystic Timber LLC. 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.
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 18 is unauthorized, unlicensed, and in violation of these General Terms.
Mystic Timber 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 (“Account”) 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 Mystic Timber believes that you are under the age of 18, (b) requests by law enforcement, (c) unexpected technical or security issues or problems.
Mystic Timber 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 – Account
To use the Website to order products Mystic Timber requires certain information from you. You undertake to duly comply with all instructions stated on the Website by, among other things, providing true, accurate, current and complete information about yourself.
To purchase products you must register an Account on the Website. It is not permitted to create an Account using the name of another person or company. During registration, you must provide a user name, email and password (“Login Details”) with which you can gain access to your Account.
You are responsible for maintaining the confidentiality of the Login Details, and are fully responsible and liable for all activities that occur with your Account. You agree to (a) immediately notify Mystic Timber of any unauthorized use of your Login Details or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Mystic Timber cannot and will not be liable for any loss or damage arising from your failure to comply with this article.
Article 3 – Products and Orders
You agree that the use of the Website is at your sole risk. You agree that all products sold within the Website are expressly intended for ornamental 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 Mystic Timber.
Unless otherwise specified by Mystic Timber, all offers made byMystic Timber are without commitment until you have received confirmation of your order from Mystic Timber, by which the agreement between you and Mystic Timber 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 Mystic Timber.
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 4 – Price and Payment
All prices stated by Mystic Timber are in USD. You are required to pay the amount due by the method specified on the Website at time of order.
Article 5 – Delivery and Shipping Information
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) Mystic Timber will carry the risk of damage, theft or loss. At the moment of delivery of the product(s) the risk passes to you.
Article 6 – Returns and Complaints
After receiving the products, you are entitled to terminate the Agreement if broken or damaged, within 7 (seven) days. You have to inform Mystic Timber of the termination via email and have to return the products immediately.
The costs of the return shipment will be at your expense. You bear the risk during this transportation. Mystic Timber shall, after receiving the products concerned, refund the money of this Agreement – including shipment costs – to you within 30 (thirty) days or send replacements.
You can file a complaint relating to the Website with Mystic Timber by filling out the contact form on the contact page of the Website. Mystic Timber will respond to the complaint as soon as feasible.
Complaints with respect to the delivered products will only be handled if communicated to Mystic Timber 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 Mystic Timber 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 Mystic Timber.
The obligations of Mystic Timber 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.
• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete,
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or
• We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Article 8 – Warrantees and Liability
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). Mystic Timber 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 is accurate, up to date and complete at all times.
In no event shall Mystic Timber or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Mystic Timber’s Internet site, even if Mystic Timber or a Mystic Timber authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or
incidental damages, these limitations may not apply to you.
Mystic Timber does not guarantee that customs does not confiscate the products ordered by you. If such is the case Mystic Timber will not refund any payments to you.
Article 9 – Evidence
The administration of Mystic Timber counts as, unless the contrary is proven, conclusive evidence of the orders which are given by you and your payments to Mystic Timber. You acknowledge that electronic communication can be used in evidence.
Article 10 – 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 “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 Mystic Timber.
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 Mystic Timber’s Intellectual Property Rights, including filing applications for registration of domain names, trademarks or Google AdWords that are similar or identical to any item to which Mystic Timber holds the Intellectual Property Rights.
Article 10 – Governing Law
Any claim relating to Mystic Timber’s web site shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions.
Article 11 – 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.