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By using the pages in this site, you agree to these terms and conditions. In doing so, you agree that you accept these General Terms and Conditions and that you agree to be bound by such. These General Terms and Conditions are applicable to all orders placed through www.buycubancigarsonline.com from now on BCC. Any business transacted with BCC will be governed exclusively by these General Terms and Conditions.
In regards; provisions governing the issuance of orders and conclusions of contracts.
1. Acceptance of General Terms and Conditions
Once a user (the "Customer") has filled out the Site order form and confirmed the order (the order is confirmed by clicking on order) then this will result in the full and binding acceptance of these General Terms and Conditions which will be the only terms applicable to the contract thereby entered into.
2. Privacy
All information received will be filed in our website and will be only used for returning email purposes, as well as purchase customization, website improvement and general communication with our clients. All information filed by www.buycubancigarsonline.com is for exclusive use of BCC only. If the client wants to subscribe to our newsletters, promotions and general information could be received by the client, these marketing activities are only on behalf BCC and no data is shared whatsoever with any other websites.
3. Order confirmation and conclusion of contract
The Site contains at all times a commercial offering to sell certain Products, but this shall not be construed as a legally binding permanent offer. Thus, as explained below, a contract is only concluded when and if the order is confirmed by BCC. Once the payment has been confirmed in accordance with Article 3 of these General Terms and Conditions, the order is accepted by BCC. BCC will confirm the acceptance of orders. Acceptance or refusal, to accept an order will be forthcoming no later than twenty four (24) hours (only working days taken into account) after the receipt of the order. Moreover, BCC reserves the right not to accept payment, and therefore not to confirm, for whatever reason, any order, including but not limited to reasons resulting from product supply, a problem with the order received, or a problem in completing the delivery.
4. General Obligations of the parties
4.1 Obligations of BCC
BCC undertakes, once the order has been accepted, to sell the products set forth on the order (the "Products") and to deliver the Products ordered to the address indicated by the Customer. In relation to the above, BCC undertakes to place the Products with our carrier EMS not later than twenty four (24) hours (only working days taken into account) after the order has been accepted, unless the status of the purchase is ¨Back Order¨ due to stock availabilty, in which case the customer
will be inmediately notified.
4.2 Obligations of the Customer
The Customer shall clearly indicate the address to which the Products are to be delivered during business hours. The Customer undertakes to pay the stated price for the BCC Product delivery (price of the Products plus transport, unless buying more than 2 boxes of 25 cigars), as well as to pay, or have paid, directly to the carrier any additional amount that might arise due to custom duties, value added tax or other taxes due upon import into the country where the Products are delivered.
5. Specific Provisions
5.1 Price, Invoice. The total price (the "Price") shown by BCC on the order is definitive. The Price includes: the price of the Products, handling costs, packaging and transport. The Price will be in USD, any amounts stated in other currencies being only for the purposes of estimating the price in another currency.
5.2 Transport - Delivery - Delivery Schedule. The Product(s) will be delivered to the address indicated within a period of 5 to 10 days (only working days taken into account). The delivery time given to the Customer by BCC may vary depending on the country involved. In case delivery is made and nobody is at the indicated address to accept delivery, the carrier shall leave a note indicating that it was unsuccessful in making the delivery and that the Customer should come to recover the Products at a location specified by the carrier. BCC will not, for any reason, be held liable for any deterioration in the Products due to a Customers failure to collect the Products in a timely manner. Customers should accommodate to any laws or taxes applicable in their country and will take responsibility of any risks if they exist.
We have capability to ship worldwide. However, it is important to take under consideration that Tobacco Importation Laws vary from country to country. There might be restrictions in some countries that will make difficult to deliver the goods in time. If so, please understand that we will not assume any responsability for Domestic Customs taxation, delayed shipments or customers errors such as incorrect or insufficient address information. If further information is requiered in regards if we deliver to your country of origin please contact us and we will assist you inmediately. Each customer should be aware of the regulations and conditions applied by their own Domestic Customs system.
In regards the US and shipping Habanos SA cigars; there are two options upon clients request, 1-ship them in sealed original boxes BUT CLIENT WILL ASSUME RISK AND RESPONSABILITY for the parcel; or 2- ship the cigars in generic boxes via EMS and original boxes and stamps via Certify Mail. WE STRONGLY ENCOURAGE OUR CLIENTS TO USE GENERIC BOXES IN ORDER TO AVOID US CUSTOMS ISSUES OR DESTROYED PARCELS.
** Orders with no specifications in regards been shipped in sealed boxes or not, will be delivered in generic boxes**
5.3 Transfer of Risk. The transfer of risk of the Products takes place when BCC gives the Products to the carrier.
5.4 Qualification upon Receipt - No returns - Limited Rights to Reimbursement / Replacement. The Customer can only make a claim if the Products delivered do not conform with the quantity ordered or if the packaging containing the Products is seriously damaged. The claim must be made in writing to the carrier at the time of delivery. A copy must be sent to BCC (e-mail) no later than twelve (12) hours after the claim was made. With the claim, the Customer shall supply the carriers confirmation of the validity of the Customers claim. No returns of Products will be accepted before. If the above procedures are respected, and the claim is proven to be valid due to the packaging and the Products being seriously damaged, BCC will either reimburse the Customer the Price or replace the Products at BCC's expense. If the delivery is not in conformity with the quantity ordered, BCC will ship the remaining cigars with no extra cost.
5.5 Limited Guarantee. BCC guarantees that the Products are genuine and that they have taken all the necessary care and attention to assure they correspond to the description that is given on the Site at the date the order was made. BCC guarantees that the Products are of excellent and Cuban quality. The above is our warranty given by BCC.
5.6 Liability - Limitation of Liability. The Customer is personally liable for its choice of Products and after delivery is entirely responsible for the conservation and consumption of the Products. Also, BCC will not be held liable for not respecting any laws or regulations in the country where the Products are delivered. BCC is only liable for complying with Panama regulations relating to the Products. In any event, the liability of BCC is limited to the lesser of the following amounts: 1) the direct damage suffered by the Customer or 2) the price of the order irrespective of the basis on which BCC's liability may be assessed.
6. Copyrights
All www.buycubancigarsonline.com content in regards textual information, graphics, logos, images, audio/video clips, data and software are property of www.buycubancigarsonline.com. This is for BCC´s exclusive use and it cannot be anyhow reproduced, transmitted nor distributed totally or partially without previous BCC´s written authorization.
7. Invalidity - Force Majeure - Applicable law - Competent Courts
If any one of the clauses of these General Terms and Conditions are, for whatever reason, declared invalid or invalidated for any reason, this will not affect the application or the validity of the other clauses. The clause declared invalid, or invalidated, will be replaced by the disposition closest to that clause.
Neither BCC nor the Customer will be held liable for any failure to perform their obligations as a result of a force majeure beyond their control, including but not
limited to the following: war, riot, insurrection, interruption of transport systems, problems relating to export and import, strikes, lock-out, shortage of Products, fire, earthquakes, storms or floods.
These General Terms and Conditions are governed exclusively by Panama law. All litigation or disputes between the parties shall be brought only before the competent court in Panama City.
All material in this Website is protected by International Copyright law. It may not be reprinted in any form, or hosted on any Web Site without express permission from BCC.
BCC does not sell cigars to person under the age of 18 years. Each order must be accompanied by your affirmation that you are 18 years of age or older. Proof of age may be required prior to shipping your order.