These Terms of Sale apply to Western Europe, Central Europe, and Eastern Europe, except Bulgaria, Croatia, Norway, Romania, Slovakia, Switzerland, and Turkey, which are governed by different terms.
Please read these Terms of Sale carefully before ordering Products online from the BlackSHISHA Platform.
APPLICABILITY
You are reading these Terms of Sale (“Terms of Sale”) because you are using a BlackSHISHA website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of BlackSHISHA Platform (“Platform”). These Terms of Sale create a legally binding agreement between you and BlackSHISHA and its affiliates (which we may refer to as “BlackSHISHA,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform. BlackSHISHA may revise these Terms of Sale without notice by posting revised Terms of Sale on its Platform. The Terms of Sale posted on the Platform at the time you place your order on the Platform will govern that purchase. Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order. Your use of the Platform is also governed by BlackSHISHA Privacy Policy. The Terms of Use are incorporated herein by this reference.
PLACING ORDERS ON THE PLATFORM
Eligibility to order
To place an order on the Platform, you must be at least 16 years old, or older if that is required under applicable law to enter into an agreement with BlackSHISHA, and a be consumer – not a reseller.
No purchase for resale
The Platform is intended solely for BlackSHISHA to sell BlackSHISHAproducts direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of BlackSHISHA product by someone who resells, or intends to resell, the BlackSHISHA product to others (consumers, businesses or any third party). If BlackSHISHA believes you are involved in purchase for resale, BlackSHISHA reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
How to order
You need an email address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Platform, which includes designing customized items, adding items to your shopping bag and submitting your order.
When you submit an order we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you – we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
Our right to reject your order or cancel a contract
Fulfilment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
- The product is not available / in stock
- Your billing information is not correct or not verifiable
- Your order is flagged up by our security systems as an unusual order or an order susceptible to fraud
- You are under 16, or under an older age if an older age is permitted under applicable law to enter into an agreement with BlackSHISHA
- You are a reseller
- There was an error in the price displayed on the Platform; or we could not deliver to the address provided by you
- Due to an Event Outside Our Control (see below)
Data check
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.
Terms of service
Blackshisha.com ships goods to addresses of clients as indicated when clients make an order.
Method of delivery is either by EMS, Incoterms shipping or DHL as agreed with clients before payments are made.
Once goods shipped, client receives tracking number and can track parcel up to delivery by courier.
Responsibility of blackshisha.com ends as soon as goods leave country of shipping as confirmed in tracking.
Clients agree not to raise claims to payment providers, and payment gateways where clients paid for the goods by blackshisha.com payment undertaking, and not to ask for refunds for issues beyond control of blackshisha.com.
Issues beyond control of blackshisha.com include delay in delivery by courier, delay in customs clearance by receiving country, goods losses by the courier. Clients confirm and accept that blackSHISHA.com does not hold responsibility for any goods losses or damages, after tracking number is provided and goods left the country of origin.
PRICE/PAYMENT
Payment methods
You can find the available payment methods for each country in the help section of BlackSHISHA.com (the “Website”). We do not accept any method of payment other than those listed in the help section. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
Payment processing
If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. If you pay by bank transfer (only available for bulk orders), we will start delivery (or manufacturing in the case of customized (BlackSHISHA products) after we receive your payment. This may take several days. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be cancelled. Payments can only be processed if the billing information can be verified.
Title transfer
We retain title in any product(s) until we have received full payment for such product(s).
Prices and currency
The product prices displayed on the Platform are inclusive of Value-Added Tax (VAT), as applicable. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the purchase cart section of the Website.
Prices are quoted in local currency GBP. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.
Your total price
The total price specified in the final checkout screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
Cash on delivery (cod)
If you have chosen the payment method ‘cash on delivery’, the order amount set forth on your shipment confirmation in the local currency of your destination country must be paid in full before receiving your items and signing the delivery sheet. The package can be opened and your items inspected only after the payment is made.
Price changes
The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
SHIPPING & DELIVERY
Delivery – where and when
We do not ship on certain public holidays. We can only fulfil an order to a delivery address which is a home or office address in one of the countries.
Split delivery
Where possible, we try to deliver all items which you have ordered at the same time. However, due to the fact that customized BlackSHISHA products are manufactured at different factories, an order for multiple customized products may result in split shipments.
We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. You will be notified by email if your order is split. No additional delivery charges will apply.
Inspection upon delivery
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
Shipping rates
If your purchase exceeds the threshold relevant to your delivery country, you may receive free standard delivery or discounted express delivery. See the purchase cart section of the Website for threshold details and rates.
RETURNS & CANCELLATIONS
Cancelling order before delivery
You may cancel any order free of charge provided it has not yet been shipped. Cancellation is possible while the order status is ‘Require payment’, ‘Waiting for Payment’, ‘Payment Completed’, ‘Not yet shipped’, or ‘Preparing for shipment’.
Once an order is in delivery, cancellation is no longer possible. Please request a return instead. Return and exchange requests are accepted within 7 days after delivery. Requests for international orders cannot be withdrawn after submission.
Returning orders after delivery – defective products
You may return products if they are defective or not in conformity with your order. In justified cases, the purchase price and delivery costs will be refunded.
We will reimburse payments (including delivery costs, excluding upgrades to premium delivery options) within 30 days of being informed of your decision. Reimbursement may be delayed until we receive the returned products or proof of return.
Refund information
Refunds will be issued using the original payment method. If you paid via bank transfer, please provide your account details for refund processing.
EVENTS OUTSIDE OUR CONTROL
Events Outside Our Control include natural disasters, war, terrorism, strikes, and telecommunication failures. If such events affect our ability to fulfill obligations, those obligations will be suspended during the event’s duration.
We will notify you as soon as possible and arrange a new delivery date if needed. You may cancel the contract if you no longer wish to proceed.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a contract, but this will not affect your rights. You may only transfer your rights if we agree in writing.
Each paragraph of these Terms operates separately. If one is found unlawful, the others remain in effect. If we fail to enforce any of these Terms, it does not mean we waive our rights.
CHOICE OF LAW / JURISDICTION
These Terms and your use of the Platform are governed by UK law. All disputes shall be resolved individually and exclusively in UK courts, unless prohibited by local law.
You can also use the Online Dispute Resolution platform (http://ec.europa.eu/odr) if your complaint remains unresolved. All claims must be brought within one year after they arise, unless applicable law provides otherwise.