Established on 7 June 2021.

General Terms and Conditions EverydayHookah, located in The Netherlands

Definitions

In these General Terms and Conditions the following terms are used in the following meaning, unless expressly stated otherwise indicated.

General Terms and Conditions: The general terms and conditions as stated below.

Distance selling: The agreement between the Consumer and EverydayHookah, whereby in the context of a system for distance selling organized by the EverydayHookah, until the conclusion of the agreement only use is made of one or more techniques for distance communication, such as a website, telephone or other means of communication.

Agreement: Any agreement entered into between EverydayHookah and the Consumer.

Product: All matters subject to the agreement concluded between the Consumer and EverydayHookah.

Consumer: The person who has accepted these general terms and conditions and has purchased the product.

Article 1 Scope

  1. These General Terms and Conditions apply to every offer, quotation and Agreement concluded between EverydayHookah and the Consumer, unless the parties have expressly deviated from these General Terms and Conditions in writing.
  2. These General Terms and Conditions also apply to agreements with EverydayHookah, for the execution in which third parties must be involved.
  3. The applicability of any purchase or other General Terms and Conditions of the Consumer is expressly rejected.
  4. If it appears that one or more provisions in these General Terms and Conditions are void or voidable, the General Terms and Conditions will remain in force in all other respects. In the event of this situation, EverydayHookah and the Consumer will consult with the aim of agreeing new provisions to replace the void or voided provisions.
  5. Deviations from the Agreement and General Terms and Conditions are only valid if they have been expressly agreed in writing with EverydayHookah.

Article 2 Offers

  1. Offers are made electronically, via the web shops. All offers are without obligation, unless a term for acceptance has been set in the offer. If a term for acceptance has been set in the offer, the offer lapses when this term has expired.
  2. The offer is valid while stocks last.
  3. EverydayHookah cannot be held to its offers if the Consumer, in terms of reasonableness and fairness and generally accepted views, should have understood that the offer or a part thereof contains an obvious mistake or error.
  4. If the acceptance, whether or not on minor points, deviates from the offer included in the offer, EverydayHookah is not bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless EverydayHookah indicates otherwise.
  5. A composite quotation does not oblige EverydayHookah to deliver part of the goods included in the offer for a corresponding part of the stated price.
  6. Offers do not automatically apply to future orders or repeat orders.

Article 3 The agreement

  1. The Agreement is concluded through timely acceptance by the Consumer of EverydayHookah’s offer.
  2. The Consumer is not allowed to buy or use the products if the consumer is aged younger than 21.
  3. EverydayHookah has the right to have the Agreement performed by third parties.
  4. The Consumer provides EverydayHookah in a timely manner with all data or instructions that are necessary for the execution of the Agreement or which the Consumer should reasonably understand to be necessary for the execution of the Agreement.
  5. If the foregoing information and instructions are not provided or are not provided on time, EverydayHookah has the right to suspend the execution of the Agreement. The additional costs incurred as a result of the delay are for the account of the Consumer.
  6. It’s your own responsibility to check the legal status of the products in your Country or State.

Article 4 Prices

  1. Prices are expressed in dollars.
  2. EverydayHookah will provide the Consumer with a statement of all additional costs in good time before the Agreement is concluded or provide information on the basis of which these costs can be calculated by the Consumer.

Article 5 Distance selling

  1. In case of selling, delivery must take place within thirty calendar days at the latest.
  2. In the event of Distance Selling, EverydayHookah has the right to oblige the Consumer to pay a maximum of 50 percent of the price in advance.
  3. In the case of Distance Selling, the Consumer has the right to revoke the Agreement during fourteen calendar days after receipt of the goods delivered by the EverydayHookah, without stating reasons, provided the goods are unopened.
  4. In the case of Distance Selling, the Consumer has the right to revoke the Agreement after thirty calendar days if EverydayHookah has not delivered the product within thirty calendar days, unless the parties have agreed on a different delivery term.
  5. If EverydayHookah has not complied with its information obligation or has not provided data in the correct form, the Consumer has the right to dissolve the Agreement during three months after receipt of the goods delivered by EverydayHookah, without stating reasons. If EverydayHookah still complies with the obligation to provide information in those three months, the period of fourteen calendar days starts to run from the day after it has complied with that obligation.
  6. The Consumer can revoke the Agreement via the standard withdrawal form posted by EverydayHookah or in a manner chosen by the Consumer.
  7. If the Consumer returns the delivered goods, the Consumer must return the goods in proper packaging, with all accessories supplied and in original condition. The shipping costs of returning are at the risk and expense of the Consumer.
  8. If the Consumer has made use of his right of withdrawal, the Consumer is obliged to return the goods within 14 calendar days because the Consumer. EverydayHookah has announced that it is revoking the agreement.
  9. If the Consumer has made use of his right of withdrawal, EverydayHookah will refund the full amount paid, including the paid shipping costs, no later than fourteen calendar days after the termination of the Agreement.
  10. If the goods are not available, EverydayHookah will inform the Consumer as soon as possible and EverydayHookah will refund the deposited amount within fourteen calendar days at the latest. If EverydayHookah and the Consumer agree that an item of similar quality and price may be delivered, the shipping costs will be borne by EverydayHookah. The foregoing only applies if the Consumer makes use of his right of withdrawal during the cooling-off period.
  11. The provisions of this article do not apply if the Agreement relates to:
  • products whose price is subject to fluctuations in the financial market on which EverydayHookah has no influence and which occur within the withdrawal period;
  • sealed products of which the Consumer has broken the seal;
  • hygienic products of which the Consumer has broken the seal;
  • products that are with the consent of the Consumer delivered within the cooling-off period;
  • products that cannot be returned due to their nature;
  • products that can spoil or age quickly;
  • products of a personal nature;
  • custom made products.

Article 6 Delivery

  1. Delivery takes place when the goods are placed in the power of the Consumer. After delivery, the risk of the item transfers to the Consumer.
  2. Delivery takes place at the address specified by the Consumer, unless otherwise agreed.
  3. The Consumer is obliged to take delivery of the purchased goods at the time they are handed over to him, unless this entails serious objections or unreasonable costs.
  4. If the Consumer refuses to accept the goods at the place of delivery or is negligent in providing data or instructions that are necessary for the delivery, the goods intended for delivery will be stored at the risk and expense of the Consumer, after EverydayHookah has notified the Consumer of this.
  5. If a term has been agreed or specified for the delivery of the item, then this term is only indicative and can never be regarded as a strict deadline.
  6. If EverydayHookah needs information or instructions from the Consumer, which are necessary for the delivery, the delivery time starts after the Consumer has provided this to EverydayHookah.
  7. If the delivery term is exceeded, the Consumer must give EverydayHookah written notice of default, whereby EverydayHookah is still offered a reasonable term to deliver the item.
  8. A notice of default is not necessary if delivery has become permanently impossible or if it has otherwise become apparent that EverydayHookah will not fulfill its obligations under the Agreement.

Article 7 Transfer of risk

  1. The items that are the subject of the Agreement are for the account and risk of EverydayHookah until the time of the transfer of the items to the Consumer.
  2. The risk of loss, damage or depreciation of goods that are the subject of the Agreement passes to the Consumer at the moment when the goods are brought under the control of the Consumer or a third party to be designated by the Consumer.

Article 8 Payment

  1. Payment takes place in advance by means of transfer to a bank account designated by EverydayHookah or via a digital payment method as made available via the webshop at the time of purchase, unless otherwise agreed.

Article 9 Force majeure

  1. A shortcoming cannot be attributed to EverydayHookah or the Consumer, as the shortcoming is not due to his fault, nor is he accountable by law, legal act or generally accepted standards. In this case, the parties are also not obliged to fulfill the obligations arising from the Agreement.
  2. In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in that area in law and jurisprudence, all external causes, foreseen or unforeseen, over which EverydayHookah has no influence and as a result of which EverydayHookah is unable to fulfill its obligations .

Article 10 Guarantees

  1. EverydayHookah guarantees that the delivered goods comply with the agreement. EverydayHookah also guarantees that the delivered goods meet the usual requirements and standards that can reasonably be set and that the goods possess those properties that, taking all circumstances into account, are necessary for normal use.
  2. For the correct use of the products, reference is made to the EverydayHookah disclaimer.
  3. The warranty stated in these General Terms and Conditions applies for use within and outside the Netherlands.
  4. If the delivered item is produced by a third party, the warranty provided by this third party applies, unless stated otherwise.
  5. If the delivered Product does not comply with the warranty, EverydayHookah will, after stating this, replace or repair the Product free of charge within a reasonable time after receipt.
  6. When the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, are for the account of the Consumer.
  7. Any form of warranty will lapse if a defect has arisen as a result of incompetent use or lack of care, or if it is the result of changes that the Consumer or third parties have made to the delivered goods. Nor is EverydayHookah liable for any damage that may arise as a result of these defects.
  8. The warranty also lapses if the defect is caused by or is the result of circumstances beyond EverydayHookah’s control. These circumstances include weather conditions.

Article 11 Liability

  1. EverydayHookah is only liable for direct damage caused by conscious recklessness or intent on the part of EverydayHookah.
  2. EverydayHookah is never liable for indirect damage, including in any case consequential damage, lost profit, lost savings, business interruption or immaterial damage of the Consumer. In the case of consumer purchases, this limitation does not extend beyond what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
  3. EverydayHookah is not liable for damage, of whatever nature, because EverydayHookah has based on incorrect and/or incomplete data provided by the Consumer, unless EverydayHookah should have been aware of this inaccuracy or incompleteness.
  4. The Consumer is responsible for proper use of the product. In any case, EverydayHookah accepts no liability in the following situations: the product does not give the buyer the expected/desired feeling and/or effect; loss of product performance; harvest results; physical and/or mental complaints (including but not limited to: dizziness, palpitations, headache, confusion, inducing psychosis); reduced responsiveness; other personal injury and/or disability as a result of using the product.
  5. The Consumer must notify EverydayHookah of the damage for which EverydayHookah can be held liable as soon as possible, but in any case within 10 days after the damage occurred, on pain of forfeiture of any right to compensation for this damage.
  6. Any liability claim against EverydayHookah lapses within one year after the Consumer became aware of the harmful event or could reasonably have been aware of it.

Article 12 Indemnification

  1. The Consumer indemnifies EverydayHookah against any claims from third parties who suffer damage in connection with the execution of the Agreement and which is attributable to the Consumer.
  2. If EverydayHookah should be addressed by third parties, then the Consumer is obliged to assist EverydayHookah both in and out of court. All costs and damage on the part of EverydayHookah and third parties are further for the account and risk of the Consumer.

Article 13 Limitation periods

  1. Contrary to the statutory limitation, a limitation period of one year applies to all claims against EverydayHookah and the third parties (possibly) engaged by EverydayHookah.
  2. The foregoing does not apply to claims based on the non-compliance of the delivered item with the Agreement. In this case, the claims lapse two years after the Consumer has informed EverydayHookah about the defect of the delivered item.

Article 14  Privacy and cookies

  1. EverydayHookah will keep the data and information that the Consumer provides to EverydayHookah carefully and confidentially.
  2. EverydayHookah may only use the Consumer’s personal data in the context of fulfilling its obligation to deliver or handling a complaint.
  3. When visiting our website, EverydayHookah can collect information from the Consumer about the use of the website by means of cookies.
  4. The information EverydayHookah collects through cookies can be used for functional and analytical purposes.
  5. EverydayHookah is not allowed to lend, rent, sell or in any other way make public the personal data of the Consumer.
  6. If, on the basis of a statutory provision or a court decision, EverydayHookah is obliged to provide confidential information to third parties, and EverydayHookah cannot invoke a right of non-disclosure recognized or permitted by law or by the competent court, then EverydayHookah is not obliged to for damages or compensation. The Consumer is also not entitled to dissolve the Agreement on the basis of any damage that has arisen as a result.
  7. The Consumer agrees that EverydayHookah will approach the Consumer for statistical or customer satisfaction surveys. If the Consumer does not want to be approached for research, the Consumer can make this known.
  8. EverydayHookah reserves the right to use the other data of the Consumer anonymously for (statistical) research and database.

Article 15 Amendment of general terms and conditions

  1. EverydayHookah has the right to unilaterally change these general terms and conditions.
  2. Changes will also apply to agreements already concluded.
  3. EverydayHookah will notify the Client of the changes by e-mail.
  4. The changes to the general terms and conditions will take effect thirty days after the Client has been notified of the changes.
  5. If the Client does not agree with the announced changes, the Client has the right to dissolve the agreement.

Article 16 Applicable law and disputes

  1. All legal relationships to which EverydayHookah is a party are exclusively governed by Dutch law. This also applies if an obligation is wholly or partly performed abroad or if the Consumer is domiciled abroad.