1. General

This agreement applies to all purchases made on our website (shtonka.com). Product(s) purchased by you from our website and replaces all previous agreements between you and us.

We reserve the right to revise our Terms and Conditions from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. You should ensure that you have read it thoroughly prior to purchasing any products on our website.

2. Definition

"Agreement" means this agreement and includes any other terms incorporated into it by reference;

"Information" means all information supplied by you to us via the website or otherwise and includes, for example, your name, contact details, credit card details and your payment and transactions history; 

"GST" means goods and services tax;

"Late payment interest rate" means 1.5%

"Products" means all products available for purchase on our website;

"Website" means our website, accessible via the shtonka.com domain name.

3. Purchasing Terms

When purchasing from our website, you confirm and acknowledge that: 

• You are eighteen (18) years of age or over.
• You can produce sufficient ID (e.g. New Zealand’s driver license, passport or 18+ card approved by the government) that is valid and correct if requested by us.
• You have read and accepted the terms and conditions that are set out and that you agree to enter into a legal contract with us.
• We may refuse to accept your order at our sole discretion.
• We may disclose your information to your bank or credit card company for the purpose of any debt recovery proceedings we may issue against you.
• We may restrict your ability to purchase products from our website by imposing a credit limit on your account.
• We reserve the rights to take legal actions and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an order to be placed.

4. Payment Terms

You must pay us in full at the time that you submit your order unless we have agreed to give you credit. 

If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.

If we agree to give you credit, you are required to pay us in full no later than 19 days following the date of your order, provided that if in our sole opinion and unsatisfactory feature develops in our trading relationship with you, we reserve the right to cancel the credit period and require that you pay us immediately. 

4.1 Remedies for non-payments(s)

We will charge you interest at the rate of 1.5% per month if your account is unpaid after the due date. Interest will accrue on a daily basis and will continue to be payable even if we obtain a court judgment.

We reserve the right to recover any products for which you have not paid by the due date. You agree that we shall not be responsible for any loss or damage arising as a result of recovery and resale of the products save where the loss or damage arises from our negligence including that of our employees and contractors.

All costs associated with the collection of any unpaid amounts will be charged to you in the event that your account remains unpaid.

4.2 Bank Transfers

All payments made to us by Bank Transfer will require proof of ID to be sent to us via email before your order will be processed. We accept the following as valid proof of ID (All IDs must be valid and not expired):

• Passport
• Driver License
• Kiwi Access Card

Should the proof of ID be invalid or is not acceptable, we reserve the right to place your order on hold to cancel your order entirely.

5. Price

5.1 Product price

Product prices quoted on our website are inclusive of GST. You must pay us the full price quoted. We reserve the right to change the price of our product without notice. Online prices may not necessarily reflect the price in stores.  

5.2 Shipping price

The price of shipping will be notified to you and added into your order at the time you place your order. 

5.3 Mistake by computer/human error

In the event that a computer/human error results in an incorrect price of the product or shipping fee, your order will be placed on hold and you will be notified. We will require you to pay the difference between the amount paid by you in respect of your order and the correct amount. You may elect to cancel your order for a refund of the paid amount. 

6. Product availability

All products are sold subject to their availability. Promotional items may be limited as to quantity. We shall not be responsible for our inability to supply products to you where they are not presently available or where our stock of the relevant product(s) has been exhausted. 

In the event that we are unable to supply the product(s) in the quantities or specifications in your order. You may elect to:

• Cancel your order.
• Exchange for a product of the same value. 

7. Processing time of orders

We aim to process and dispatch all orders made on our website on the same day (if the order is placed before our cut-off time). However, due to factor(s) such as stock availability, courier services and other factors out of our control your order may be delayed; Please allow up to 3 working days for your order to dispatch.

 Below is our targeted processing and dispatching timeline.

• Orders placed before 3pm will be dispatched on the same day.
• Orders placed after 3pm will be dispatched on the next working day.
• Orders placed on Saturday or Sunday will be dispatched on the next working day.
• Orders placed on a public holiday will be dispatched on the next working day.

Note: Bank transfer orders may take an additional 1-2 days. Payment made must be cleared on our side and your ID must be verified by our team before your order is processed.

8. Shipping 

For more information about shipping, please visit our delivery information page.

8.1 New Zealand

All orders are shipped with the following services and cannot be changed/removed:

• Overnight delivery
• Signature Required
• No ATL (authority to leave)
• Age Restricted

Overnight Delivery

Overnight delivery services provided by NZPost are targeted but not guaranteed. Please visit NZPost website for the latest update on delays. Delivery time does not include processing time of your order. 

Non-rural: 1-2 working days

Rural: 2-4 working days

Shipping Cost

Non-rural: $5.00

Rural: $7.00 

Saturday Shipping / Same Day Delivery services

We do not offer these services at this time.

8.2 Australia

All orders are shipped from New Zealand. We use DHL worldwide shipping services to ship your order.

Delivery Time: 2-10 working days

Shipping Cost: $20.00

8.3 Free Shipping

To qualify for free shipping, you must meet the following criteria:

For New Zealand deliveries:

1. Order must be a minimum of $50.00
2. Delivery address must be a non-rural address

Free shipping is not available for rural addresses in New Zealand. Standard shipping cost will be applied.

For Australia deliveries:

1. Order must be a minimum of $100.00

Any additional shipping costs that may arise (due to special delivery addresses, additional delivery services, etc., by NZPost or DHL are not covered) are your responsibility. 

8.4 Redirection

If you wish to redirect your parcel to a different shipping address. Please visit NZPost with your tracking number to redirect your parcel. If you have not received an email with your tracking number, please get in touch with us. 

While we will try our best to make this change for you, this is not guaranteed. 

Shosha will not take responsibility for any lost, stolen or damaged parcels caused by any changes made by you or anyone else (except for Shosha).

8.5 Parcel Not Received

If your parcel has been marked as delivered but you have not received it. Please check your mailbox, neighbors and surroundings in your property. If you cannot find the parcel, please contact us within 48 hours from the time it has been marked as delivered so an investigation can be made with NZPost/DHL.

Please note the following for all investigations made with NZPost/DHL:

• As delivery is made by NZPost/DHL, we cannot offer a replacement/refund/credit for your order until the investigation has been completed.
• If NZPost/DHL confirms the parcel has been delivered correctly, we will be unable to issue a replacement/refund/credit. If you wish to further dispute the outcome, please get in touch with NZPost/DHL directly. 
• We cannot provide any timeframe for an investigation to be completed by NZPost/DHL. 
• Failure to notify us within the required timeframe may result in an investigation not being accepted by NZPost/DHL. No replacement, refunds, or credits will be provided by us should this occur. 

8.6 Wrong Delivery Address

If you have entered an incorrect address, Please get in touch with us as soon as possible. We will aim to have this changed. If your parcel has been shipped already, please get in touch with NZPost/DHL to redirect your parcel. 

Shtonka is not responsible for the loss of your parcel if you have provided the wrong shipping address for delivery. 

8.7 Unsuccessful Delivery

If your parcel was returned back to us due to an unsuccessful delivery and you wish to have it re-delivered. You will need to pay for the cost below to reship your order. 

Redelivery Cost

Non-rural Address: $7.00

Rural Address: $9.00

By default, we will reship to the same address. However, if you wish for your parcel to reship to a different address. Please contact our team.

If you wish to request a refund instead, the above cost will be deducted from your order prior to the refund being issued.

If your parcel has yet to be returned back to us. Please get in touch with NZPost/DHL.

9. Wrong Product(s) or Damaged Goods

If you have received the wrong product. Please contact us by email within 48 hours from the time of receiving your parcel. If you do not contact us within this time, we assume that you accept the error and/or damage and do not wish for a replacement, exchange or refund. 

Please do not attempt to use or dispose of the product/parcel. We may require the photo evidence to be provided or the parcel to be shipped back to us. If you use or dispose of the parcel, we may not be able to issue a replacement, exchange or refund.

If you have ordered the wrong product. We can accept it back for a return for a refund or exchange so long as it meets the following conditions:

• The product is not opened or used.
• Any seals must not be damaged or broken.
• It is still in a re-sellable condition (if you are not sure, please contact us)

Please note that you are required to pay for all costs involved with returning or shipping any exchange. 

10. Warranties

We represent and warrant to you that:

• We have the right to sell the product(s) to you.
• The product(s) are not subject to any undisclosed security or charge.
• You have the right to undisturbed possession of the product(s). 

We present and warrant to you that the product(s):

• Are of acceptable quality having regard to their nature, the price, representations made by us, and any statements made on packaging or labels.
• Are reasonably fit for the purpose that we represent.
• Supplied by description corresponds with their description.

11. Cancellation, Returns, and Replacements

11.1 Cancellation

• Note that we may not be able to cancel your order depending on how far your order has been processed by our team.
• If your order has been packed and successfully canceled by us, you will be charged for the cost of packaging and labeling (the same cost as shipping). If your order comes with free shipping, then the standard cost of shipping will be applied prior to the refund. 
• We reserve the right to cancel your order at our sole discretion without notice. 
• You must contact us to request any cancellation for your order.

11.2 Returns

• Prior to returning any products back to us, you must contact us.
• We have no obligation to accept any returns if you are simply unhappy with the product or change your mind.
• You are required to pay for any shipping cost associated with any product(s) returned to us unless stated or agreed with us otherwise. 
• It is your responsibility to ensure that any product(s) being shipped back to us is securely packed. We are not responsible for any loss, damage or if your parcel is stolen during delivery. 
• If you are returning a product for a refund, we will deduct the cost of shipping from your order prior to the refund being made. 
• If your order comes with free shipping, then the standard cost of shipping will be applied prior to the refund.
• All returns must contain sufficient information (such as your name and contact details) for us to verify that your return has been successful.
• If you return any product without our knowledge or consent or there is no information for us to identify your return. Your parcel will be rejected or destroyed. No refund, replacement or exchange shall be provided in this situation.  

11.3 Replacements

• Any replacement(s) shipped to you will be under our sole discretion.
• You must contact us via email to request any replacement. 
• If we ship a replacement, we may include a pre-paid return bag for you to ship any product(s) back to us. You agree to accept all costs for failing to ship back the product(s) agreed to be returned back to us. 

12. Warranty

All products are subject to a 3 months warranty (excluding exceptions which can be found on our warranty page). Warranty period starts from the original date of purchase. Any warranty offered by a manufacturer, brand or other company that exceeds 3 months will require you to contact them directly. Any costs associated between you and the manufacturer, brand or other company that may arise are solely your responsibility. 

Please visit our warranty page for more information.

Any product(s) returned back to us are inspected by our team. If deemed under user error (meaning if there are no faults with the product(s)), it will be shipped back to you at your own cost. You will be notified by via from us with a request for the payment and shipping address. If you do not respond within 14 days from when we notify you, you accept that we will dispose of your product and no refund/exchange/store will be provided as such.

13. Use of your information

You acknowledge that we, our employees, carriers, contractors, and agents may use or disclose any of the information you provide for the purpose to supply you with our services. This includes: 

• Administration of your account with shtonka.com.
• Carrying out credit checks.
• Keep you up to date with offers/changes at shtonka.com

During the term of this agreement, your use of the website will generate certain information that will be recorded electronically by us. Information of this type may include:

• Your IP address.
• Your usage statistics.
• Your contact details.
• And any information that you supply or that we obtain independently. 

You may at any time make a written request to see any personal information that we hold or request us to correct any mistake. 

14. Consent to receiving electronic messages

You agree by registering on this website that you expressly consent to your inclusion in our direct marketing database and accept that you may, as a result, receive regular electronic communications and promotional communications from us. You have the right to ask us at any time to stop sending online communications and promotional offers to you. 

15. Intellectual property rights

We own, control, or have the right to use and provide the website and all content on the website, including text, images, articles, photographs, illustrations, audio, and video clips. You may electronically reproduce and store the content of the website solely for the purposes of viewing, using the services, or saving website content, for your own personal use. You may not display or distribute the content of any part of the website or its content in public, including any reproduction in any form on the Internet, without our express permission.

Any infringement of our intellectual property rights will be fully enforced under New Zealand law.

16. General terms

No Waiver: No delay, neglect or forbearance in taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice any right, of that party.

Severability: If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed, and the remainder of the terms will remain in full force and have full effect.

Privity: Third parties may take the benefits of rights expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.

17. Jurisdiction

We have processes in place to ensure that all services provided to New Zealand, including shipping complies with all New Zealand's regulations and requirements.

Any legal action(s) against us must be taken in a Court in New Zealand.

This agreement is governed by New Zealand’s law and any legal action against us must be taken in a Court in New Zealand.

18. Assignment

You may not assign any rights under this agreement except with our prior written consent.

We may assign our rights under this agreement without seeking your prior consent.

19. Notices

We will send all invoices and notices required under this agreement to the address (postal, fax, or email) that you have nominated as your preferred method of contact. It is your responsibility to ensure that you keep us informed of any changes to your contact details.

You will be deemed to have received a notice:

• Sent by email or fax, at the time that we send it;
• Sent by post, four days after we send it.

20. Amendments

We may change the terms of this agreement by sending you notice ("amendment notice") to that effect by your preferred contact method and supplying you with the amended agreement.

The agreement, as modified, will take effect from the date stated on the amendment notice but no later than 30 days following the date that we send the amendment notice.

21.5 Cancellation and Refunds

• To cancel your order, please notify us either by email or call. Cancellation may be subject to a restocking fee.  
• Restocking Fee: $5.00
• All refunds are processed online back to the same account used to pay for the Click and Collect order.

21.6 Exchange of Products 

• If you change your mind about a product upon collection in-store. You are entitled to an exchange (store credit) for a different product for the same value.
• We cannot offer any exchange once the product has been opened and/or used. Please ensure you are satisfied with the product(s) prior to accepting it.

21.7 Your Responsibilities and Liabilities 

• You are required to ensure that the details provided on your order are true and accurate.
• You must not share any emails or text messages from us with others.
• You must provide all the information required from us to collect your order in-store.
• You agree to inspect the product upon collection and notify us at the same time if there are any defects with the product(s) (E.g., Such as a crack on a glass product). We may not be able to exchange the product should there be any defects (Consumer Guarantees Accepted) once you leave the store.
• Only the nominated person will be allowed to collect the order. We will not be able to change the name on who will be allowed to collect the order so please choose carefully.
• If there is another person with you when collecting your order - the person may be required to provide ID. Failure to do so will result to your order being canceled.

How does shtonka.com use my personal information?

1. YOUR PRIVACY

At shtonka.com, we are committed to protecting your privacy, including when you provide us with information online or in our physical stores. We use the information we collect about you to maximise the services that we provide to you, and ensure that we meet our legal obligations. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian and New Zealand Privacy Principles. Please read our privacy policy below carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers via our website is protected by our secure server. shtonka.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected via our website is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

1. COLLECTION, STORAGE AND SECURITY OF YOUR PERSONAL DATA

When you interact with us, we may collect information that can personally identify you ("Personal Data").  This Personal Data may include, but is not limited to, your name, date of birth, phone number, address email address and the reasons you have purchased some of our products.

We may collect Personal Data when you visit our stores, website, or that you provide to us in any other way from time to time.  This may include when you provide feedback or ask questions about us and our products or services, change your content or email preferences, respond to a survey or email communication, communicate with our customer support, or otherwise engage with or contact us.

We collect Personal Data for a variety of reasons including, but not limited to, to enable us to meet our legal obligations, or to show we have met our legal obligations, when providing products or services to you, to process your product order, to provide you with customer support, to respond to your requests, comments or feedback, and to send you information about our stores, website, products or services.

We strive to ensure the security, integrity, and privacy of Personal Data you submit to us through our stores or website, by email address or otherwise, and we periodically update our security measures in light of current technologies.

1. USE AND DISCLOSURE OF YOUR PERSONAL DATA

We may use Personal Data collected from you for the purpose of providing you with direct marketing material (including via email or texts), updates regarding our website, information in the form of a newsletter and to improve our products, services and business operations.

We will only send you information if you have registered or subscribed to such publications by registering your details with us. However, if you wish to cease receiving any such information, you may let us know either by email or unsubscribing at any time and your request will be actioned immediately.

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. We will not knowingly share any of your Personal Data with any third party other than with:

• Our service providers who assist us in providing the information and/or services we are providing to you. To the extent that we do share your Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. Some of our service providers may be overseas and may not be subject to Australian or New Zealand Privacy Laws. Please contact us if you require specific details.
• Law enforcement or Government agencies when we are legally obliged to or where it is necessary for us to show we have met our legal obligations, such as showing the certain products were purchased for specific, lawful purposes. For example, we may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding, or to respond to a request by a regulatory body or law enforcement agency.
• Third parties where it is necessary for the sale or transfer of some of our assets or our business. For example, if there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be disclosed to a potential purchaser (or their advisers) under a confidentiality agreement. We would only disclose your Personal Data in good faith.
• Third parties where we need to use or disclose your Personal Data to protect the rights, property or safety of shtonka.com, our business, our customers or third parties.

Any non-personal information, communications and material you send to our website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.

We do not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of shtonka.com, our customers or third parties or if required by law.

We may, however, use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our stores, our website, and services but not for any other use.

1. COOKIES AND PIXELS

A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. The use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any personal information (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. This may, however, prevent you from taking full advantage of our website.

Our website uses cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website visitors through third party services such as Google Adwords and Facebook Adverts. These ads may appear on this website or other websites you visit.

1. LINKS

This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by this website.

1. CHANGE IN PRIVACY POLICY

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.

If you have any questions or concerns at any time about our privacy policy or the use of your Personal Data, including accessing your Personal Data, please contact us at shtonka@gmail.com and we will respond within 48 hours.

This privacy policy was last updated on 10 September 2023

1. Consumers Guarantees Act 1993

This warranty is to be read subject to the Consumer Guarantees Act 1993 (“CGA”), and (except where you are not a “consumer”) does not limit your rights under the CGA at all. Where the terms of this contract are at variance with the CGA, the CGA will prevail (except where you are not a “consumer”).

The CGA protects consumers by giving them certain guaranteed rights when they buy goods and services. You are a "consumer" within the definition of the CGA if you acquire these goods from us for personal, domestic, or household use or consumption only. You are not a "consumer" if you are resupplying the goods in trade, or consuming them in the course of a process of production, or manufacture or repairing or treating in trade other goods or fixtures on land.

The CGA requires that goods must be free of defects, and do what they are meant to do. Services must be carried out with care and skill. These rights, which the CGA says automatically apply whenever goods or services are supplied to a consumer, are called ‘Consumer Guarantees’.

Consumer Guarantees have no set time limit but generally last for an amount of time that is reasonable to expect given factors including the cost and quality of the product or any representations made.

2. Fit for purpose

The goods we sell are fit only for the purpose(s) for which they are intended to be used. Please choose carefully as we are under no obligation to offer a refund or exchange of goods if you change your mind. 

3. Unacceptable quality

With respect to any unacceptable quality (as defined by the CGA) found in the goods please ensure that you examine the goods for durability, safety, or any defects before supply. In the event that you have no opportunity to do this, then you should within 48 hours of first having the opportunity to discover any unacceptable quality notify us accordingly.

Please note that in determining unacceptable quality you must have regard to the nature of the goods purchased and the price, and consider any statements on the packaging or labels or by the manufacturer on the goods, or made by us at the time of purchase, and any specific defects of the goods drawn to your attention whether by written notice on display or otherwise.  Also, the goods must not have been disposed of, lost, destroyed, damaged or tampered with after delivery to you. If they have, then we cannot accept your claim.

Misuse and Mishandling

Warranty does not cover the misuse or mishandling of the products. This includes using a product not suitable with the product. Any faults caused by using a product that is not recommended is not covered under warranty. 

Grinders

Grinders are sold for the purpose of grinding tobacco only (unless specified otherwise). There is no warranty for damage caused by the use of any other material. 

Glass Items

There is no warranty for glass items (such as shisha pipes, bowls or parts) once received and used. If the product arrives damaged, we will require you to contact us within 48 hours from the time of delivery. Please view our Terms & Conditions for more information.

*Consumer Guarantees Excepted. 

All information on this page is valid only at the time of purchase. Warranties are subject to change 

Please Note: For warranty purposes, some products will have our Shosha logo engraved onto them.

4. Cost of Returns

Please note that you are required to cover the cost of shipping when returning any products back to us. This includes shipping the product back for a warranty claim.

Where are my orders shipped from? 

All orders are shipped from New Zealand. While a majority of orders are shipped right from our warehouse here in Auckland. In some instances, your order may be shipped from one of our stores if stock is not available in our warehouse. 

How long does shipping take?

New Zealand Estimated Delivery

Non-rural: 1-2 working days

Rural: 2-4 working days

While all of our parcels are shipped with overnight delivery, this is only targeted and not guaranteed.

Australia Estimated Delivery: 1-5 working days

Do you ship to other countries?

At this time, no.

Are all parcels tracked?

Yes. All parcels shipped are tracked. Please do not share your tracking number with others. We are not liable for any unauthorized changes made on your parcel.

What courier provider do you use to ship my parcel?

We use NZPost for all parcels shipped to a New Zealand address and DHL for all parcels shipped to an Australian address.

Do you offer Saturday or Same Day delivery? 

We do not offer these services. 

Do I have to show my ID to receive my parcel?

As all of our parcels have an Age Restricted label on them, NZPost drivers need to verify your age when required upon delivery. If you are collecting your parcel from the depot, you must bring your ID.