Terms and Conditions

General Terms
These general terms (“General Terms”) are applicable to any use of the webshop on the website www.barnabell.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 Barnabell Shop. 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.
We advise you to read the General Terms carefully to ensure that you are aware of your rights and obligations.
The webshop on the Website is offered to you by Barnabell Deals, a company with limited liability established and having its registered office in New York, 98 Tec St, Hicksville, NY 11801

Article 1 – General
You acknowledge and guarantee that by using the Website you have reached the age of 21 years. The Website is intended solely for persons who are 21 years of age or older, and any registration, use or access to the Website by anyone under the age of 21 is unauthorized, unlicensed, and in violation of these General Terms.Barnabell Shop 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 Barnabell Shop requires certain information from you. Please read the Privacy Policy for more detailed information. 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. You undertake to update information about yourself within ten (10) days of any changes.

Article 3 – Products and Orders
You agree that the use of the Website including the webshop is at your sole risk. You agree that all products, including but not limited to water pipes, glass tubes and pipes displayed, advertised or sold within the Website are expressly intended for ornamental purposes, collector 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 Barnabell Shop.
Unless otherwise specified by Barnabell Shop, all offers made by Barnabell Shop are without commitment until you have received confirmation of your order from Barnabell Shop, by which the agreement between you and Barnabell Shop 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 Barnabell Shop.You declare that you are aware of the technical steps leading to the conclusion of the Agreement, whether the Agreement shall be archived and is accessible, and the languages in which the Agreement can be drawn up. 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 Barnabell Shop are in United States Dollars and inclusive of value-added tax (VAT), other government levies, and the delivery costs of the product unless otherwise stated. You can pay the amount due by the method specified on the Website.

Article 5 – Delivery and shipping info
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 unless you have opted for payment in arrears. During the transportation of the product(s) Barnabell Shop will carry the risk of damage, theft, or loss. At the moment of delivery of the product(s), the risk passes to you.If no other delivery period is agreed upon, the delivery shall occur within 30 (thirty) days of purchase. If you are not at home at the time of the delivery or if you hold no or insufficient cash to make payment in full, redelivery may need to be arranged. The costs of redelivery of the products ordered by you will be at your expense.In case Barnabell Shop is not able to deliver the product(s) within 30 (thirty) days, Barnabell Shop shall inform you immediately in writing in which case you are entitled to terminate the Agreement by notifying such in writing to Barnabell Shop. Barnabell Shop will repay the amount paid by you into an account specified by you within 14 days at the latest, without incurring any other or further liability.If any product ordered by you is not or no longer available, Barnabell Shop will be entitled to ship an alternative product that does not deviate substantially from the ordered product. Barnabell Shop will notify you of that fact as soon as feasible, but at any rate upon delivery of the product.The alternative product is of at least equal quality and price and, to the extent possible, has the same features as the ordered product. If no alternative product is available or deliverable, Barnabell Shop will repay the amount paid by you into an account specified by you within 30 (thirty) days at the latest, without incurring any other or further liability.
Ownership of the ordered products shall not pass from Barnabell Shop to you until you have fully paid the agreed total amount in accordance with article 4 above.You acknowledge that products ordered by you may be confiscated by customs. Such event falls outside of Barnabell Shop’s sphere of influence and Barnabell cannot make any guarantees in that regard. If such is the case Barnabell Shop will not refund any payments to you.

Article 6 – Returns and Complaints
Right of withdrawalYou have the right to withdraw from the contract within a period of 14 days without giving reasons.The withdrawal period shall expire 14 days after the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.In order to exercise the right of withdrawal, you must inform us110 Convenience LLC1 Farmers Avenue, Bethpage New York 11714. United States of Americasupport@barnabell .com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, or e-mail). You may use the attached model withdrawal form, but it is not obligatory.To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery but excluding the costs associated with returns, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back.
You shall send back the products, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The costs of the return shipment will be at your expense, unless the return shipment involved an alternative product within the meaning of article 5. You bare the risk during this transportation. In the event payments have already been made, Barnabell Shop shall, after receiving the products concerned, refund the money of this Agreement – including shipment costs – to you within 14 days.You shall handle ordered products with due care during the withdrawal period. You may only unpack and use the ordered products to be able and to the extent necessary to determine the nature, characteristics and functioning of the products. As a rule of thumb, you may only use and inspect the products as you would in the shop.
The obligations of Barnabell Shop 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.
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MODEL WITHDRAWAL FORM

Only fill in and return this form if you wish to rescind / withdraw from the agreement.
Barnabell Deals98 Tec St, Hicksville New York 11801. United States of America
support@vinrnabell.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*)
Ordered on (*)/received on (*)
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is submitted on paper)
Date
(*) Delete as appropriate.***

Article 6 – Complaints
You can file a complaint relating to the Website with Barnabell by filling out the contact form on the contact page of the Website. Barnabell Shop will respond to the complaint as soon as feasible.

Article 7 – Privacy
When visiting the Website, ordering a product and setting up and using an Account, you provide personal data to Barnabell Shop. These personal data are and will be processed in accordance with the provisions of Barnabell Shop’s Privacy Policy and the applicable laws and regulations. The Privacy Policy can be found here.

Article 8 – Warranty and Indemnifications
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). Barnabell Shop 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 and the stock level indicator, is accurate, up to date and complete at all times. Barnabell Shop disclaims all warranties, either express or implied, including, but not limited to, warranties of condition, quality, merchantability, fitness for a particular purpose and non-infringement.
You warrant that, when using the Website and/or the Account, you will refrain from:using robots, spiders, scrapers or other applications;performing acts that place unreasonable and/or disproportionate demands on the Website’s infrastructure and/or interfere with the Website’s functionality;using applications that monitor the Website and/or copy parts of the Website; and/oruse for illegal purposes or in violation of the General Terms and any applicable law or regulation.
You indemnify and hold harmless Barnabell Shop against all possible loss or damage suffered and costs incurred by Barnabell Shop as a result of claims by third parties arising from:
any act performed by you in using the Website and/or the use of your Account;
any act performed by you that violates these General Terms and/or any (intellectual property) rights of third parties;any act performed by you in ordering and/or taking delivery of products; and/orany wrongful act committed by you.
You will be obliged to compensate Barnabell Shop for any and all costs incurred and loss or damage suffered by the latter relating in any way whatsoever to such claims.

Article 9 – Liability
Barnabell Shop’s liability for any attributable failure to perform its obligations, by reason of a wrongful act or otherwise, is limited per event (with a series of connected events counting as one event) to compensation for the direct loss or damage suffered by you not exceeding the actual amount paid by you for the product ordered.
‘Direct loss or damage’ is understood to mean exclusively:property loss or damage;reasonable costs incurred to prevent or limit the direct loss or damage anticipated as a result of the event giving rise to liability; andreasonable costs incurred to ascertain the cause of the loss or damage.Any liability on the part of Barnabell Shop for loss or damage other than direct loss or damage (i.e. indirect loss or damage), including but not limited to consequential loss or damage, loss of and/or damage to data, loss of profit and loss of turnover, lost savings, reduced goodwill, loss due to business interruption and loss or damage due to claims your customers, is excluded.Barnabell Shop will not in any event be liable in any way whatsoever for loss and/or damage caused by:
work, problems, interventions, modified or impaired functionality or other circumstances affecting the availability and/or use of the Website or the Account;the temporary or permanent unavailability or breakdown of the Website or the fact that the information on the Website is inaccurate, out of date or incomplete;your failure to ensure that the data provided within the meaning of article 2 are up to date, complete and/or accurate;any unauthorised access to or use of the your Account and/or the Website by third parties;
or any incorrect, improper, careless or incompetent use of a product and/or if you have made any modifications to a product.The limitation of liability set out in this article does not apply in the event of an intentional act or omission or willful recklessness on the part of Barnabell Shop and/or its management.

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 and sui generis intellectual property rights (“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 Barnabell Shop and/or its licensors.Unless with permission from Barnabell Shop or the relevant entitled party or permitted by mandatory law, you are explicitly prohibited from downloading, copying, amending, reverse engineering, publishing and using any information made available through the Website for any direct or indirect commercial purposes or any other purposes other than those referred to in the General Terms.You may not remove, obscure, conceal or modify any notices or statements relating to Intellectual Property Rights.
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 Barnabell Shop’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 Barnabell Shop holds the Intellectual Property Rights.

Article 11 – Mobile Terms
The Barnabell Shop mobile message service (the “Service”) is operated by 110 Convenience LLC. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to 110 Convenience LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related including transactional and promotional messages from and on behalf of 110 Convenience LLC via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with 110 Convenience LLC. Your participation in this program is completely voluntary.We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider.
Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice .

Article 12 – Third party’s website
Occasionally, the Website may make available a link to a third party’s website. These linked websites are not under Barnabell Shop’s control and Barnabell Shop is not responsible for any content, advertising, offers, services, products or other materials on or available from any linked website or any link contained in a linked website, or any changes or updates to such sites.

Article 13 – 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.These General Terms are governed by US law, unless mandatory law dictates the applicability of the laws of another country. The Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods) is explicitly excluded from application. Any dispute that may arise between you and Barnabell Shop will be submitted to the competent court in the district of New York, United States of America, unless mandatory law dictates that the dispute must be submitted to a different court.Barnabell Shop does not participate in a dispute resolution procedure before a (consumer) alternative dispute resolution body.Barnabell Shop may assign its rights and obligations arising from the General Terms to third parties. Barnabell Shop will notify you of any such assignment in a timely manner. You may cease using the Website, if applicable: cancel your order and terminate your Account if you do not accept the assignment of obligations to a third party.

Last Update: This document is last updated on 02-01-2022