Welcome to the Bongtopia - a smokeshop ecommerce website. By using bongtopia.com, YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE (explained below), LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that appear here and elsewhere on the Bongtopia website.

Bongtopia (herein referred to as Bongtopia) reserves the right to make changes to the Bongtopia website and its Conditions of Use and Legal Notices at any time. Each time you use the Bongtopia website, you should visit and review the then current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the Bongtopia website, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the Bongtopia website.

Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Disclaimers and Limitation of Liability

By using the Bongtopia website, you expressly agree that use of the site is at your sole risk. The Bongtopia website is provided on an "AS IS" and "AS AVAILABLE" basis. Neither bongtopia.com, nor its parent company, affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensees or the like (collectively, "Associates") warrant that use of the Bongtopia website will be uninterrupted or error-free. Neither Bongtopia nor its Associates warrant the accuracy, integrity or completeness of the contents provided on the website or the products or services offered for sale on the Bongtopia website. Further, Bongtopia makes no representation that content provided on the Bongtopia website is applicable to, or appropriate for use in, any location whether within or outside of the United States. Bongtopia and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Bongtopia or its Associates shall create a warranty of any kind. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall Bongtopia Supply Inc. or it's Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of (or inability to use) the Bongtopia website; including, but not limited to, reliance by you on any information obtained from the Bongtopia website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Bongtopia has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Bongtopia website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Paying for Your Order

You may pay for your orders with major credit cards issued in the United States of America. Currently, we accept Visa, MasterCard, and American Express and Discover for domestic orders. International credit card orders are accepted on a case by case basis. We reserve the right to not accept credit card payment for International orders.

Generally, credit and debit cards are charged on the same day your order is placed with us. In the unlikely event we are unable to ship your order within a reasonable period of time, we will credit your card for the items not shipped.

Validating Your Order

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Bongtopia website reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Order Limitations

We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.

Order Limitations/Limited Quantities

Bongtopia may, at its own discretion, limit or cancel quantities purchased on a per person, per household, or per order basis. Bongtopia also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Bongtopia website account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. Bongtopia reserves the right to limit or prohibit sales to dealers.

Sales Tax Policy

Bongtopia does business throughout the United States and collects and remits sales and tobacco tax as required by law. Bongtopia Sales Inc currently collects and remits Sales and Tobacco Tax on orders which are delivered within the state of California. Please note if you are a California customer the Sales and Tobacco tax on your order are shown as one line time on your invoice. Any customer that resides outside of the state of California is responsible for their own Sales and Tobacco Tax. Please note, Bongtopia Sales Inc reserves the right not to sell to resellers.

Shipping

All orders placed on this site are subject to product availability and will be shipped according to Bongtopia shipping policies.

Both you and Bongtopia agree that a "Delivery Confirmation" from one of our preferred carriers (USPS, UPS) will constitute sufficient proof that your order was in fact delivered to you. If you wish to dispute delivery you must file a claim with the appropriate carrier, we will provide you with the tracking number upon request. In the event an order is returned to us, we will attempt to contact you by email and/or phone to authorize reshipment at your expense.

Please review our Shipping Policies for additional information on shipping times, rates, and policies.

Intended for Users Over the Age of 21

The Bongtopia website is intended for use by individuals 21 years of age or older. The Bongtopia website is not intended for use by children under the age of 21.

Product Display/Colors

The Bongtopia website attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.

Errors on Our Site

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Bongtopia reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and 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, Bongtopia will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Debit Cards take longer for banks to credit. If you are not fully satisfied with your purchase, you may return it in accordance with our Return Policy.

Return/Refund Policy

All orders are packed as safely as possible. If your item arrived damaged or you suspect that it may be defective, please do not return the item.

We offer a free replacement for any glassware/bongs/dab rigs/etc. that arrive broken. We also replace any items missing from your box. Send pictures of your package and broken, unused glassware to info@bongtopia.com within 14 days of a package’s arrival.

For damaged or defective items you must contact us within 14 days of delivery for refund or replacement eligibility. For any order you must contact us within 60 days of purchase to be eligible for refund, beyond that you will only be eligible for store credit.

We accept returns on all unused products, as well as electronics within their original, unopened packaging, up to 60 days after the order has been placed. If the product has been used, even just once, we cannot accept the return.

Bongtopia does not offer any warranty of any kind unless otherwise outlined within product details.

FOOD AND DRUG ADMINISTRATION (FDA) DISCLOSURE

The statements made regarding our products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. Our products are not intended to diagnose, treat, cure or prevent any disease. All information presented on our website is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice.

WEBSITE DISCLAIMER

The Bongtopia website may contain general information about diet, health and nutrition. This information should not be considered as advice and should not be treated as such.

The general information on this website is provided “as is”and without any representations or warranties, express or implied. Bongtopia makes no representations or warranties in relation to any health information on this website. You must not rely on the information as an alternative to medical advice from your doctor or other professional healthcare providers. You should seek immediate medical attention if you think you may be suffering from an injury or any other medical condition. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information in this website or any materials provided by Bongtopia or its representatives, none of which is intended to be a substitute for medical diagnosis, advice or treatment.

You should consult with your doctor or another health care provider if you are considering making any changes to your lifestyle, diet or nutrition.

Neither Bongtopia nor its representatives is providing any medical advice with the information set forth on this website or with other information or materials that may be provided over the phone or in email correspondence. No advice, ideas or suggestions should be inferred from this information or from any testimonials on this website.

This website may contain links to third-party websites. Bongtopia provides these links as a convenience only, does not endorse any of these sites, is not responsible for their content, and does not make any representations regarding the materials on such linked third-party websites. Should you decide to access or rely on information at linked third-party websites, you do so at your own risk.

Bongtopia shall not be held liable for any improper or incorrect use of the information or services on this website and assume no responsibility for anyone’s use of the information or services. Bongtopia shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on this website. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the website user, to be caused by the information or services on this website, or by using this Web site.

Do not take products if pregnant or lactating.

Keep out of reach of children.

If you have a medical condition or are taking pharmaceutical drugs, consult your doctor before use.

If you suspect that you have a medical condition or are seeking help for a specific disease, consult a qualified medical professional.

NUTRITION CONSULTING DISCLAIMER

The information concerning nutraceuticals including CBD hemp oil, natural health and integrative nutrition is based upon science and the research of recognized experts in their field. This web site is not intended to replace a one-on-one relationship with a qualified health care professional and it is not intended as medical advice. This web site is intended as an educational tool and client resource. We encourage you to make your own health care decisions based on YOUR research and partnership with the qualified health care providers you select. All application of information gleaned from this website is the sole responsibility of the individual. The Internet Links listed within this website are intended as a public service and not endorsements.

These Terms and Conditions and any separate related agreements shall be governed by and construed in accordance with the laws of the State of California.

Any dispute arising hereunder shall be subject to mandatory binding arbitration in Los Angeles County under the procedures provided by the American Arbitration Association. Such arbitration shall take place in front of one arbitrator under the Commercial Arbitration Rules with each party paying for its own attorney’s fees and splitting the costs of such arbitration. The final award issued in the Arbitration proceeding shall be final, binding, and non-appealable.

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

bongtopia.com Messaging Terms & Conditions

Effective Date: April 20, 2022

This SMS message program is a service of bongtopia.com. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from bongtopia.com. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give bongtopia.com permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.

Message frequency may vary. bongtopia.com reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. bongtopia.com also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. bongtopia.com, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By enrolling in the bongtopia.com messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our bongtopia.com Terms of Use and bongtopia.com Privacy Policy.

CANCELLATION

Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that bongtopia.com and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from bongtopia.com through any other programs you have joined until you separately unsubscribe from those programs.

HELP OR SUPPORT

Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.

NO WARRANTY

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF BONGTOPIA.COM OR ANY PARTY ACTING ON BEHALF OF BONGTOPIA.COM BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO BONGTOPIA.COM HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF bongtopia.com HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE bongtopia.com MESSAGING PROGRAM. bongtopia.com AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

INDEMNITY

To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless bongtopia.com, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from bongtopia.com or its service providers.

DISPUTE RESOLUTION

General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from bongtopia.com or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND bongtopia.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or bongtopia.com to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and bongtopia.com will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
No Class Actions. YOU AND bongtopia.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and bongtopia.com agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and bongtopia.com are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
No Class Actions. YOU AND bongtopia.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and bongtopia.com agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if bongtopia.com makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to bongtopia.com’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and bongtopia.com.
Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

CHANGES TO THE MESSAGING TERMS

We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from bongtopia.com after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.

ENTIRE AGREEMENT/SEVERABILITY

These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and bongtopia.com concerning the Messaging Program.

CONTACT

Please contact us with any inquiries or concerns at info@bongtopia.com or write to us at: 2741 Plaza Del Amo, STE 216, Torrance CA 90503.