INTRODUCTORY INFORMATION

​​​​​

1. The Seller may be contacted at the above address and email for any complaints, warranty claims, withdrawal declarations, or consumer requests for remedy.

2. The sale of Products is also subject to the shipping policy available on the Website (the “Shipping policy”). These Terms must be read together with the Shipping Policy, which forms an integral part of the contractual relationship between the Seller and the Buyer.

3. The Website and all sales of the Products are operated and concluded exclusively by NOCCA International s. r. o., Company ID: 56 204 094, registered in the Commercial Register of the Municipal Court Bratislava III, Section Sro, Insert No. 177933/B, with registered office at Klincová 325/1, Bratislava - mestská časť Ružinov 821 08, Slovakia, email: info@nocca-ehms.com, phone: +421 902 756 994 (the “Seller”). The Seller is the sole contracting party and seller of all Products purchased by buyer (the “Buyer”) via the Website.

4. These Terms and Conditions (“Terms”) govern the purchase and sale of NOCCA eHMS, battery-powered electronic heat management system for shisha (the “Product”) via the website www.nocca-ehms.com (the “Website”).

​

PRODUCTS AND MAIN CHARACTERISTICS

1. The Product is a portable, battery-powered electronic heating device for shisha, designed to eliminate the need for charcoal and provide a cleaner, safer, and more consistent smoking experience.

2. The Product consists of the following main components: the device and USB-C power adaptor and charging cable.

3. Detailed specifications, safety instructions, and usage guidelines are provided in the official User Manual, which is supplied together with the Product in durable medium.

4. The Product requires charging via a compatible USB-C charger, which is provided with the Product.

5. Batteries are subject to normal wear and tear and may require replacement after extended use. The expected battery life depends on frequency and manner of use.

6. The Product requires an active internet connection via Wi-Fi in order to access certain functionalities. Once connected, the Product may be remotely operated and managed through a web interface provided by the Company. Without a stable Wi-Fi connection, the remote control features and related services will not be available.

​

PURCHASE PRICE, TAXES, AND ADDITIONAL COSTS

1. Current purchase prices are displayed on the Website in euros (€) and include VAT for consumers in the EU, unless otherwise stated.

2. For deliveries outside the EU, VAT may not be charged.

3. Any shipping costs, customs duties, import taxes or other charges related to delivery shall be governed by the Shipping Policy. 

​

ORDERING AND CONTRACT FORMATION

1. The sale of the Product is restricted to Buyers who have reached at least 18 years of age and the age of majority under the laws of their country of residence. By placing an order, the Buyer declares and confirms that he/she has reached at least 18 years of age and the age of majority under the laws of his/her country of residence. 

2. The Buyer may place an order for the Product through the Website, which serves as an online store of the Seller.

3. The Buyer submits a binding order by completing the online checkout process. The order becomes binding upon payment of the purchase price. The purchase contract (the “Contract”) is concluded only when the Seller confirms the order by email.

​

PRE-ORDERS

1. The Seller may offer Products for pre-order before they become available for general sale.

2. Placing a pre-order requires the Buyer to pay a deposit of 50% of the purchase price. Upon receipt of the deposit, the Buyer will receive a proforma invoice (not a tax document). The final invoice will be issued upon full payment of the purchase price.

3. Delivery of pre-ordered Product is expected in November, unless otherwise communicated by the Seller. Delivery dates are indicative and subject to change.

4. The Buyer may cancel a pre-order within 7 days of placing it and will receive a full refund of the deposit. After this period, deposits are non-refundable. This is without prejudice to the Consumer’s statutory right of withdrawal after delivery under Article 9.

5. The remaining balance of the purchase price is due prior to delivery, upon request by the Seller.

​

PAYMENT TERMS

1. The Seller accepts payment by credit or debit card through a secure payment gateway, as well as Apple Pay, Google Pay, and PayPal. The Seller reserves the right to add or remove payment methods at any time.

2. All payments are processed in euros (EUR). During checkout, the Buyer may choose to display approximate converted amounts in their local currency. However, the final conversion and any applicable fees depend solely on the Buyer’s payment provider.

3. For standard orders, payment of the full purchase price is due at the time of checkout. For pre-orders, a 50% deposit is due upon placing the pre-order and the remaining balance is due prior to shipment, upon request by the Seller.

4. Invoices are provided electronically by email. The Buyer agrees to electronic invoicing and waives the right to receive paper invoices. A proforma invoice (not a tax document) will be issued for deposits, and a final tax invoice will be issued upon receipt of full payment.

5. If payment is not successfully completed, the Seller may cancel the order or suspend delivery until full payment is received. In the case of pre-orders, failure to pay the outstanding balance when due may result in cancellation of the pre-order and forfeiture of the deposit.

​

DELIVERY TERMS

1. Products in stock are typically shipped within 1–3 business days after the Seller confirms receipt of payment. Detailed information regarding delivery methods, shipping costs, delivery timeframes, and responsibilities is provided in the Shipping Policy available on the Website, which forms an integral part of these Terms.

2. Risk of accidental loss or damage to the Products passes to the Buyer when the Buyer, or a third party designated by the Buyer and other than the courier, takes physical possession of the Products. 

​

WARRANTY AND LIABILITY FOR DEFECTS FOR BUSINESS CUSTOMERS

 

The Seller provides the following warranty to business customers:

1. a warranty period of twelve (12) months from the date of delivery for the Product; and

2. a warranty period of twelve (12) months or one thousand (1,000) charging cycles, whichever occurs first, for the battery pack.

3. Except for the express warranties set out in Article 8.1, the Seller does not provide any other warranty for the Products, whether express or implied.

4. The Seller shall be liable only for defects that the Products have at the time of delivery or that arise during the applicable warranty period due to defective materials or workmanship. The Seller shall not be liable for any defects resulting from improper use, handling, storage, maintenance, or external circumstances.

5. The Buyer must notify the Seller in writing of any defect without undue delay after its discovery. Notifications shall be sent by email to support@nocca-ehms.com or via the contact form on the Website and must include: order number, description of the defect, photos of the Product (if damaged), and the preferred resolution method. 

6. In the event of a valid and timely defect claim, the Seller shall, at its sole discretion:

 

repair the defective Product;

replace the defective Product;

or

issue a credit note or refund the purchase price of the defective Product.

​

These remedies are exclusive, and the Seller shall not be liable for any other costs, losses, or damages, including indirect or consequential damages, lost profits, or reputational harm.

The Buyer acknowledges and agrees that the batteries contained in the Products are consumable components subject to natural wear and capacity degradation over time. Variations in battery performance due to age, usage intensity, or environmental factors are not considered defects,  unless the battery fails to function due to a manufacturing defect or material fault within the warranty set out in Article 8.1.2. The battery is designed to deliver optimal performance for approximately 1,000 full charging cycles under normal conditions of use, as outlined in the User Manual. Battery capacity naturally decreases over time and with use; a reduction in capacity beyond this threshold is considered normal wear and tear and does not constitute a defect or grounds for warranty claims.

The returned Product must be sent to the address provided by the Seller, be undamaged, and be returned in its original packaging with all accessories included.

Return shipping costs for defective or damaged Products will be borne by the Seller.

​

SPECIFIC PROVISIONS FOR EU CONSUMERS 

1. A Buyer who is a consumer in the EU (the “Consumer”) has the statutory right to withdraw from the Contract without giving any reason within 14 days from the day on which the Consumer, or a third party indicated by the Consumer (other than the carrier), takes physical possession of the Product. The withdrawal period shall be deemed to have been observed if the notice of withdrawal from the Contract was sent to the Seller no later than on the last day of the withdrawal period. 

2. To exercise the right of withdrawal, the Consumer must send a clear statement of withdrawal by email to info@nocca-ehms.com, through the contact form on the Website or by using the Model Withdrawal Form provided in Annex I.

3. The Consumer must return the Product to the Seller without undue delay and in any event no later than 14 days after notifying withdrawal. The Product should, where possible, be returned in its original packaging with all accessories. The Consumer is only liable for any diminished value of the Product resulting from handling beyond what is necessary to establish its nature, characteristics, and functioning.

4. In the case of withdrawal without reason under the statutory right of withdrawal, the Consumer shall bear the direct costs of returning the Product.

5. The Seller will reimburse the purchase price received from the Consumer without undue delay and in any event no later than 14 days from the day on which the Seller is informed of the Consumer’s decision to withdraw. The Seller may withhold the refund until it has received the returned Product or the Consumer has supplied evidence of having sent back the Product, whichever is earlier.

6. The Seller shall deliver the Product to the Consumer without undue delay, at the latest within 30 days from the conclusion of the Contract, unless otherwise expressly agreed. The Consumer may withdraw from the Contract if the Seller refuses to deliver the Product, or if timely delivery is essential and not fulfilled. 

7. The Product must conform to:

• the specifications described in these Terms and Conditions, on the Website, and in the User Manual; and

• the general requirements normally expected for goods of the same kind, including fitness for usual purposes, safety, and durability.

​

The Seller is liable for any defect that the Product had at the time of delivery and that becomes apparent within two (2) years from the date of delivery. This liability also extends to the embedded firmware and related digital functionalities. However, the Seller shall not be liable for any defect of the digital elements of the Product if such defect was caused solely by the Buyer’s failure to install updates provided by the Seller.

 

The Consumer is entitled to:

• have the defect remedied free of charge by repair or replacement;

• receive a proportionate price reduction; or

• withdraw from the Contract if the defect is not remedied in time, is repeated, or is of a serious nature. 

 

The choice between repair and replacement lies primarily with the Consumer, unless the chosen remedy is impossible or disproportionately costly. The Seller may refuse to remedy the defect if repair or replacement is impossible or would impose disproportionate costs, taking into account all circumstances. The Seller shall not be obliged to provide a remedy where the Consumer refuses a reasonable repair or replacement solution offered in compliance with applicable law. In the event of repair or replacement, the Seller shall bear all costs associated with returning, removing, or delivering the repaired or replacement Product.

​

The Consumer is entitled to request an appropriate price reduction or to withdraw from the Contract without providing an additional period for performance, if:

​

1. the Seller has not repaired or replaced the Product;

2. the Seller has failed to remedy the defect in accordance with statutory requirements;

3. the Seller has refused to remedy the defect because repair or replacement is impossible or would impose disproportionate costs;

4. the Product shows the same defect despite attempted repair or replacement;

5. the defect is of such a serious nature that it justifies an immediate price reduction or withdrawal; or

6. the Seller has declared, or it is otherwise evident, that the defect will not be remedied within a reasonable time or without causing significant inconvenience to the Consumer.

7. A price reduction must be proportionate to the difference between the value of the delivered Product and the value it would have had if free of defects. The Consumer may not withdraw from the Contract if the defect is minor or if the Consumer has contributed to its occurrence. The burden of proof lies with the Seller.

8. In the event of withdrawal due to a defect or other statutory reason attributable to the Seller, the Consumer shall return the Product at the Seller’s expense. The Seller is obliged to refund the purchase price and shipping fee no later than 14 days after receiving the Product back or proof of its return shipment, whichever occurs earlier, using the same payment method unless otherwise agreed.

9. The Consumer may notify defects by email, post, or other available communication channels. The notification must include: order number, description of the defect, photos of the Product (if damaged), and the preferred resolution method. Upon notification of a defect, the Seller shall provide the Consumer with a written confirmation of the claim, indicating the date of the complaint, the defect described, and the expected time for its resolution, which shall not exceed 30 days unless an objectively justified reason requires a longer period.

10. The Consumer has the right to reimbursement of reasonably incurred costs arising in connection with the notification of a defect for which the Seller is liable and the exercise of rights arising from liability for defects. The Consumer must exercise this right with the Seller no later than two months from the removal of the defect, the payment of the price reduction, or the refund of the purchase price; otherwise, the right shall lapse. 

11. The Consumer acknowledges that the batteries contained in the Product are consumable components subject to natural wear and capacity degradation over time. A gradual reduction of battery capacity due to normal use does not constitute a defect within the meaning of this Article, unless the battery fails to function due to a manufacturing defect or material fault within the statutory period of liability for defects. The battery is designed to deliver optimal performance for approximately 1,000 full charging cycles under normal conditions of use, as outlined in the User Manual. Battery capacity naturally decreases over time and with use; a reduction in capacity beyond this threshold is considered normal wear and tear and does not constitute a defect  or grounds for warranty claims.

12. The Consumer shall provide the Seller with all reasonable cooperation necessary for the assessment of the defect, including, where applicable, performing basic troubleshooting steps or providing diagnostic information as instructed by the Seller.

13. If the Consumer is not satisfied with the manner in which their complaint was handled, or believes that the Seller has infringed their rights, the Consumer has the right to request remedy directly from the Seller. If the Seller rejects the Consumer’s request pursuant to the preceding sentence, or fails to respond to such a request within 30 days from its submission by the Consumer, the Consumer has the right to submit a proposal to initiate alternative dispute resolution pursuant to Section 12 of the Act on Alternative Resolution of Consumer Disputes. The competent authority for alternative dispute resolution is the Slovak Trade Inspection (Slovenská obchodná inšpekcia) (https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi). 

14. The supervisory authority overseeing the Seller’s business activities is the Slovak Trade Inspection, Inspectorate for the Bratislava Region, with its registered office at Bajkalská 21/A, P. O. BOX č. 5, Slovakia, Department of Supervision, email: podnety@soi.sk.

​​

FIRMWARE, CONNECTIVITY AND UPDATES

1. The Product contains embedded firmware that enables and controls its core functionalities. Firmware updates may be provided by the Seller in order to improve or adjust the security, reliability, and functionalities of the Product. Such updates are carried out exclusively when the Product is connected to the internet via Wi-Fi. Without an active Wi-Fi connection, firmware updates cannot be installed and certain features of the Product may not function as intended.

2. An active internet connection via Wi-Fi is required for the Product to access remote operation features and for the Seller to provide basic technical support services. The Buyer is solely responsible for ensuring a stable Wi-Fi connection. The Seller shall not be liable for unavailability of remote features or support due to lack of internet access on the Buyer’s side.

3. If the Buyer grants consent, the Seller may collect and use telemetric data generated by the Product. Such data may include, for example, device status, error logs, usage patterns, and performance metrics. 

​

DATA PROTECTION

Personal data are processed in accordance with the Seller’s Privacy Policy, available on the Website.

​

GOVERNING LAW AND JURISDICTION

These Terms are governed by Slovak law.

For consumers, mandatory consumer protection of their home country remains unaffected.

Disputes shall be resolved amicably. If unresolved, jurisdiction lies with Slovak courts. However, this does not affect the Consumer’s right to bring proceedings in the courts of their home country in accordance with applicable consumer protection laws.

​

FINAL PROVISIONS

These Terms form an integral part of each Contract concluded at a distance.

The Seller reserves the right to amend these Terms at any time, in particular due to changes to the Website, operational needs of the Seller, the Seller’s business decisions, or legislative changes. Such amendments apply only to Contracts concluded after the amended Terms enter into effect and shall not affect any Contracts already concluded with the Buyer. The amendments to the Terms, together with the effective date of the new Terms, will be published on the Website.