Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Legal Individuals that purchase products from Premium Cigar Services must be of legal age in their respective state/locality in order to be eligible to purchase tobacco and tobacco accessories. The purchaser assumes all responsibility for any taxes, fines, fees, or requirements brought forth by any purchases conducted with Premium Cigar Services. First Time Customers Thank you, and welcome! Please note that first time orders must be shipped to your billing address. The act of successfully submitting your order does not guarantee shipment. If your submitted shipping address does not match your submitted billing address when a human has reviewed your order, your order will be held until we can contact you and/or your order will be canceled. Website Use In order to help deter fraud, our website is designed to only accept a total of five (5) orders from an IP address every 24 hours. If for whatever reason you are planning on making multiple purchases, or if you run into any issues when trying to submit an order, please contact us at (877) 642-3274. Money-Back Guarantee Disclaimer Premium Cigar Services enforces the following policy regarding returns: Any merchandise returned because of manufacturer's defect will be replaced, although the speed at which we replace the item(s) is in part due to our available inventory and/or the availability of the product from the manufacturer/distributor. Refunds or replacements will be based on the number of cigars that are returned to us. Any item returns/refunds must be initiated by the customer within 15 days of the order being delivered. Merchandise returned without defect after 15 days of the order being delivered is subject to a 15% restocking fee. We may require a signature upon delivery in the case that we are replacing an item that was damaged in shipment or that you did not receive (after a UPS or USPS investigation has been initiated). Rewards Program Disclaimer Premium Cigar Services enforces the following policy regarding our rewards program: Before a shopper can earn reward points from a purchase, their order must be shipped. At that point reward points will be applied to the shopper's account immediately. Shoppers can view their accrued points by viewing the My Rewards page from their My Account page. Shoppers must be logged in to their customer account in order to view this information. Once on the Rewards page, shoppers will see their available points and an option to redeem points for store credit. 1 point is gained for every $1 spent on an order, and a minimum of 500 points must be redeemed to receive a $50 discount. Once a shopper clicks Redeem Now, the Rewards system applies store credit to their customer account in the form of a gift certificate. The next time the shopper goes to place an order, the store credit for their redeemed reward points will automatically be deducted from the total order amount. Orders that use reward program store credit as payment do not qualify for reward program point accrual. This is true regardless of whether the store credit amount covers all or part of the order total. The reward program store credit automatically applies to the first order a shopper places after redeeming their reward points (and to the next order after that, if there is any credit remaining). Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Premium Cigar Services. The collective work includes works that are licensed to Premium Cigar Services. Copyright 2015, Premium Cigar Services ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Premium Cigar Services or purchasing Premium Cigar Services products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Premium Cigar Services or to purchase Premium Cigar Services products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Premium Cigar Services. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Trademarks All trademarks, service marks and trade names of Premium Cigar Services used in the site are trademarks or registered trademarks of Premium Cigar Services Limitation of Liability Premium Cigar Services shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Premium Cigar Services has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors In the event that a Premium Cigar Services product is mistakenly listed at an incorrect price, Premium Cigar Services reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Premium Cigar Services reserves the right to refuse or cancel any such orders 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 cancelled, Premium Cigar Services shall issue a credit to your credit card account in the amount of the incorrect price. If you see something that doesn't seem right, or it's too good to be true, please contact us. We usually reward those who alert us to errors. Item Representation We do not provide a current photo for every individual item in our storefront. At times we use the same photo to represent every size and shape of a product, be it brand of cigar, humidor, cutter, etc. Product packaging sometimes changes before we have a chance to update a product photo, and in an effort to get an item listing on our website we may use photos from previous years even if the look or design of the product has changed. If you are at all concerned about the specifics of what you are ordering, it is best to not rely on the product photo to answer those questions. Inventory/Availability First, orders are processed on a first-come, first-serve basis regardless of whether they're placed online or over the phone. Second, overall stock is updated once a day, usually after we process the day's orders. Lastly, inventory/availability on our site is not "live" per se; what you place an order for is removed from inventory on our site but, for example, Boxes are independent from 5 Packs are independent from Single cigars in regards to how the website tracks stock. That is to say, if someone purchases a Box of a product we only have one box of before you get to the site, you would see that 5 Packs and Singles are still available even though we are completely sold out of that product. Additionally, please note that our products are not considered separate entities in regards to how they are offered for sale; for example, if we have four of a cigar the Boxes and 5 Packs will show "Out of Stock" and only the Singles will show "In Stock". Therefore, if you see that a 5 Pack is "Out of Stock" while the Single is "In Stock", we at-most have four of that product available. That is to say, we will never have 6 Single cigars and zero 5 Packs of a product. If you are at all concerned about the specifics of our stock, it is best not to rely on the website stock status - instead, please contact us. Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Premium Cigar Services without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Mailing List Notice Premium Cigar Services may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Premium Cigar Services. Miscellaneous Your use of this site shall be governed in all respects by the laws of the United States, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Premium Cigar Services products) shall be in the state or federal courts located in Erie County, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Premium Cigar Services products) must be commenced within one (1) year after the claim or cause of action arises. Premium Cigar Services's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Premium Cigar Services may assign its rights and duties under this Agreement to any party at any time without notice to you. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Premium Cigar Services or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Participation Disclaimer Premium Cigar Services does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Premium Cigar Services is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Premium Cigar Services reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Premium Cigar Services in its sole discretion. Third-Party Links In an attempt to provide increased value to our visitors, Premium Cigar Services may link to sites operated by third parties. However, even if the third party is affiliated with Premium Cigar Services, Premium Cigar Services has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Premium Cigar Services. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Premium Cigar Services seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). Simply put: at the time that we link to a third-party site the content on that site is suitable for all of our customers. We cannot be held liable if the content changes after we provide a link to that content, though. |
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