YOU MUST READ AND REVIEW THE TERMS AND CONDITIONS BELOW PRIOR TO ANY USE OF OUR SITE OR PURCHASE ON OUR SITE. BY USING OUR SITE OR PURCHASING ANYTHING FROM OUR SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Thanks for visiting Good Cigar Co!
Before you use the GoodCigar.Co Web Site (the “Site”) or purchase any of our products, please read the following terms that govern your use of the Site. By using the Site or purchasing any Products on the Site, you agree to abide by these terms and be bound by these terms (the “Agreement”). These terms and conditions (the “Terms”) are the only terms governing the sale of Good Cigar Company LLC (“Good Cigar Co”) products, including packs (and all items contained therein) and premium cigars (the “Products”), and the use of the Site between you and Good Cigar Co.
Good Cigar may from time to time change these Terms. Your use of the Site (except for your initial review of this Agreement) following any such change constitutes your agreement to follow and be bound by the Terms and the Site as changed. We may also make changes to the Site from time to time, including changes to content, functionality, or software of the Site involving modifications, additions, or deletions of such content. Such changes shall not impact the enforceability or applicability of this Agreement to you, and you shall be bound by this Agreement regardless of such changes to the Site.
If you have any questions about this Agreement or the Site, please contact us at firstname.lastname@example.org.
In order to view or purchase products on the Site, you must be of legal age to purchase tobacco products (including premium cigars) in your state of residence, and in any case must be over the age of 19. Individuals under such age attempting to purchase products shall not receive any Products and hereby forfeit their payment to Good Cigar Co, without refund, and may be subject to prosecution under applicable law.
By viewing or purchasing Products on the Site, you represent and warrant as follows:
- I am over the age of 19, and I am an adult and of legal age to purchase and consume tobacco products (including premium cigars) in my state and country of residence.
- I will not use any Products purchased on the Site for any illegal purposes. I will not distribute any of the Products to any minor persons or persons under the legal age to purchase and consume tobacco products (including premium cigars) in their state and country of residence.
- I have read and understood this Agreement, the Terms, and all cautions and warnings contained or displayed on the Site and the Products.
- I understand the Products are not for resale, and I will not, or make any attempt to, re-sell the Products.
ACCEPTANCE OF ORDERS
From time to time, there may be orders that we are unable to accept for one reason or another. Good Cigar Co reserves the right, in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, our obligations to comply with applicable law or regulations, or problems identified by us with respect to credit and fraud avoidance. We may also require from you additional verification(s) or information before accepting and processing any order.
In the event we must cancel all or any part of your order, or if we need to collect additional information or verification(s), we will contact you as soon as possible. If your order is canceled after a debit has been made from your method of payment, we will issue a refund to the same method of payment in the amount of the debit, as soon as possible.
Sales of Products shall be made at the price or prices (the “Prices”) set forth for such Product or Products as of the date of your purchase order. All Prices are exclusive of shipping and handling cost and all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts are solely the responsibility of the customer. Good Cigar Co shall not be responsible for any such charges, costs and taxes imposed on any order placed on the Site.
Good Cigar Co makes every effort to provide accurate pricing and product information, however pricing and typographical errors may occur. Good Cigar Co cannot confirm the pricing of a product until after an order is placed. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Good Cigar Co shall have the right, in its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Good Cigar Co may, in its sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Good Cigar Co reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
All shipments Freight on Board (FOB) San Francisco, CA. Risk of loss is on the purchaser during transport and shipment. Title to, and ownership of all goods passes from Good Cigar Co to the purchaser in San Francisco, CA, and the purchaser takes all responsibility for the shipment. By arranging for transportation of the goods, Good Cigar Co is providing a service to, and acting on behalf of the purchaser. By utilizing this service from Good Cigar Co, purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation, and delivery of the goods. The purchaser represents that he/she is of lawful age and has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of the goods and is legally entitled to take quantities ordered.
LINKS TO THIRD-PARTY WEB SITES
The Site may provide hyperlinks to third-party web sites. Good Cigar Co does not control third-party web sites and is not responsible for the contents of any such linked-to third-party web sites or any hyperlink in a linked-to web site. Good Cigar Co does not endorse, recommend or approve any third-party web site hyperlinked from the Site. Good Cigar Co will have no liability to any person or entity for the content or use of the content available through such hyperlinks or third-party web sites.
COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
All materials contained on the Site are copyright Good Cigar Company LLC. All rights reserved. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and other written materials that are part of the Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Good Cigar Co. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Good Cigar Co. Any use of Good Cigar Co trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same, is strictly prohibited.
All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited.
The materials on the Site, and the Site as a whole, are intended solely for personal, noncommercial use. You may use the Site for your personal use only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the Site, the Site as a whole, or any related software without the prior written permission of Good Cigar Co.
USER COMMENTS AND FEEDBACK
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to Good Cigar Co or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain the property of Good Cigar Co. Such disclosure, submission or offer shall constitute an assignment to Good Cigar Co of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other submissions.
SURGEON GENERAL WARNING
Cigar smoking can cause cancers of the mouth and throat, even if you do not inhale. Cigar smoking can cause lung cancer and heart disease. Cigars are not a safe alternative to cigarettes. Tobacco smoke increases the risk of lung cancer and heart disease, even in nonsmokers. Cigar use while pregnant can harm you and your baby. Tobacco use increases the risk of infertility, stillbirth and low birth weight. Cigars contain nicotine. Nicotine is an addictive chemical. Cigar smoking can cause lung cancer and heart disease. Cigar smoking can cause cancers of the mouth and throat, even if you do not inhale. Cigar smoking increases the risk of infertility, stillbirth and low birth weight. Cigars contain and produce chemicals known to cause cancer, birth defects and other reproductive harm. Cigars contain and produce chemicals known to the State of California to cause cancer, birth defects and other reproductive harm.
Enjoy cigars responsibly.
COMPLIANCE WITH LAW
By using the Site, you agree to use the Site and the Products for lawful purposes only, and not transmit through the Site any material which violates or infringes in any way to upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Good Cigar Co reserves the right, in its sole discretion, to refuse to sell any Products and/or to terminate your access to the Site for any breach of this provision or any other provision of this Agreement.
WARRANTY AND DISCLAIMER OF LIABILITY
Upon purchasing any Products (except Third Party Products, as defined below), Good Cigar Co warrants to you that for a period of 3 months (the “Warranty Period”) from the date of shipment of the Products that such Products will materially conform to the specifications set forth in your order. If for some reason your order does not conform, we will happily replace the Products with conforming Products or refund your order, subject to the limitations and conditions set forth below.
EXCEPT FOR THE WARRANTY SET FORTH IN THE PRECEDING PARAGRAPH, GOOD CIGAR CO MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Good Cigar Co shall not be liable for a breach of the warranty set forth above unless: (i) Good Cigar Co is given a reasonable opportunity within 30 days of receiving notice of an alleged breach to examine such Products and you return such Products to Good Cigar Co’s place of business at our cost for such examination. Good Cigar Co shall not be liable for a breach of the warranty set forth above if: (i) you make any further use of such Products after giving such notice; (ii) the defect arises because you failed to follow Good Cigar Co’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Products; (iii) you alter such Products in a manner to cause the defect; or (iv) you use the Products for any unlawful purpose.
Goods manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Products. Third Party Products are not covered by the warranty set forth above. For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT SOLELY AT YOUR RISK. THE SITE IS NOT WARRANTED TO BE FREE FROM ERRORS OR UNINTERRUPTED SERVICE OR AVAILABILITY, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT GOOD CIGAR CO SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
Good Cigar Co makes no representations or warranties with respect to any information, materials or graphics on the Site, all of which is provided on a strictly “as is” basis, without warranty of any kind and hereby expressly disclaims all warranties with regard to any information, materials or graphics on the Site.
With respect to any defective Products during the Warranty Period, Good Cigar Co shall, in its sole discretion, either: (i) repair or replace such Products (or the defective part) or (ii) credit or refund the price of such Products at the pro rata contract rate provided that, if Good Cigar Co so requests, you shall, at Seller's expense, return such Products to Good Cigar Co. THE REMEDIES SET FORTH IN THIS SECTION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND GOOD CIGAR CO’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY CONTAINED HEREIN.
IN NO EVENT SHALL GOOD CIGAR CO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL GOOD CIGAR CO’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR BREACH OF THE ABOVE LIMITED WARRANTY, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO GOOD CIGAR CO FOR THE PRODUCTS SOLD HEREUNDER.
The provisions of this section will survive any sale completed between Good Cigar Co and you and any change or elimination of this Agreement and/or the Site.
You agree to indemnify, defend and hold harmless Good Cigar Co, its directors, officers, employees, and agents, against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing the Site under your account.
Good Cigar Co reserves the right to change these Terms at any time by posting new Terms at this location. You can send e-mail to Good Cigar Co with any questions relating to these Terms at email@example.com.
All matters arising out of or relating to this Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
CALIFORNIA CONSUMER RIGHTS AND NOTICES.
Although users are required to be twenty-one (21) years of age or older to use the Site, as required by California law, if any California residents under the age of eighteen (18) have improperly registered to use the Site, and have posted content or information on the Site, they can request that such information be removed from the Site by contacting us at the firstname.lastname@example.org and making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it.
The right to use the Site is personal to you and is not transferable to any other person or entity. You shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Good Cigar Co. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of any order of Products.