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Terms and Conditions | The Cigar Holder London

TERMS AND CONDITIONS

Website and Conditions of Sale

This legal notice applies to all purchases made by you:
Through the website under the domain name www.tchcigars.com (“the Site”).
By offering to purchase products through the Site you are entering into an agreement on the terms and conditions set out below with The Cigar Holder Ltd.

These terms and conditions are only available in English.

The Cigar Holder Ltd, (the site) tchcigars.com does not market or sell tobacco products to persons under the age of 18 (or the minimum age in your local jurisdiction, whichever is higher). By placing an order on our website, you swear and affirm under penalty of perjury that you or the person in your order receiving the shipment of tobacco products from www.tchcigars.com is over the age of 18 (or the minimum age in your local jurisdiction, whichever is higher). It is unlawful to attempt to purchase cigars below the minimum age. By clicking on any of the product links on the website, the Customer is confirming that he/she is of legal age in his location of residence, and agrees that as part of the ordering process, his age may be verified in available age verification databases. If you are not of legal age, use of our website is prohibited.

Cigar Smoking is considered hazardous to your health. Smoking Causes Lung Cancer, Heart Disease, Emphysema, and May Complicate Pregnancy. Smoking by Pregnant Women May Result in Fetal Injury, Premature Birth, and Low Birth Weight. Cigar Smoke Contains Carbon Monoxide. Quitting Smoking Now Greatly Reduces Serious Risks to Your Health. The Cigar Holder Ltd. shall have no liability to you or any third party for adverse health effects from the usage of tobacco products.

1. Products

Specifications of the products to be supplied by The Cigar Holder Ltd are not intended to be binding and are intended only to give a general description of the products.
All products are provided on an “as is” and “as available” basis. To the maximum extent permissible, The Cigar Holder Ltd makes no other warranties or promises about the products, and any implied warranties are excluded.

2. Availability, Prices, and Information

The Cigar Holder Ltd does not promise that products are necessarily available, and all products are offered for sale subject to availability.
The price for the products shall be the price listed on the Site on the date of your order exclusive of the delivery charges which will be added to the total amount due.
All prices displayed on the Site are quoted in UK Pounds Sterling and the product price and the delivery charge must be paid in full except where discounts are offered as detailed on the Site.
Whilst all efforts are made to ensure accuracy of description, specifications and pricing there may be occasions where errors arise.
Should such a situation occur the company cannot accept your order.
The information displayed is considered as an invitation to treat not as a confirmed offer for sale.
The contract is confirmed upon supply of goods.

3. Ordering on the Site

You are responsible for ensuring the accuracy of your order.
If The Cigar Holder Ltd accepts your offer it shall confirm each order online via the internet and/or by e-mail and The Cigar Holder Ltd confirmation of the order in writing (in the form of an email).

By placing an order on the site, you acknowledge that you are fully responsible for any duties and taxes charged by your local customs authorities, as well as all clearance procedures.

4. Cancellation and Returns of Products

The Cigar Holder Ltd wants you to be totally satisfied with the products that it provides to you so our general rule is that if you would like to cancel your order for products and return them you may do so at any point within 14 working days from the day after receiving them (enclosing a copy of your product order confirmation/receipt and your reasons for returning the product).

If you requested additional services such as gift wrapping, priority shipping, or engraving, no refund will be given for the additional charges incurred by you for these services.

If an item is personalised or specifically made to order it cannot be returned or refunded unless it is faulty.

The cancellation policy detailed above will not apply if the fault arises from fair wear and tear in our reasonable opinion, deliberate damage, accidental damage, negligence, abnormal working conditions, failure to follow manufacturer instructions, misuse or alteration, or repair of the goods without manufacturer approval.

You will be responsible for meeting the costs of returning products to us unless the products are faulty or we have provided substitute products (the original products ordered have become unavailable).

If your order fails to arrive and you are located within the UK please notify us within 14 days of the date of despatch, failure to notify us within 14 days means that it is too late for us to file a claim with royal mail and we, therefore, can no longer be held responsible for non-delivery.

If your order fails to arrive and you are located outside the UK, please notify us within 60 days of the date of despatch, failure to notify us within 60 days means that it is too late for us to file a claim with royal mail and we, therefore, can no longer be held responsible for non-delivery.

None of this affects your rights to claim for defective or faulty goods or workmanship under the Sale of Goods Act 1979 (as amended) or the Supply of Goods and Services Act 1982.

5. Limitation of Liability

The Cigar Holder Ltd liability to you under the contract for the products is limited to refunding the price of the products (including the delivery charges) as provided for in Clause 4.
The Cigar Holder Ltd is not responsible to you to any greater extent and in particular, is not liable to you for any indirect or consequential loss (including without limitation financial loss such as loss of profit, or otherwise) that you may incur as a consequence of its failure to comply with these terms and conditions of sale.

6. Changes to the Terms and Conditions of Sale

Our terms and conditions of sale may be changed. Please review them regularly.
If you continue to use the Site after a change has been made you are deemed to have accepted it.

7. Overseas Customers

As The Cigar Holder Ltd is a United Kingdom company, all charges shown on the Site and given on the Order Line are in Pounds Sterling.
If you are placing an order from outside of the UK your card issuer may convert the charge into your local currency.
This Site, the Order Line and these terms and conditions have been designed for use within the UK.
Whilst The Cigar Holder Ltd will consider orders from outside the UK, The Cigar Holder Ltd give no warranty, express or implied, that the Site, the Order Line or the placing of any order through the Site or the Order Line from outside the UK complies with any applicable non-UK laws or regulations.
Accordingly, any sales or services not permitted under your local law are not offered to you.
Furthermore, The Cigar Holder Ltd reserves the right to refuse any order at its discretion from overseas customers and it will have no obligation to provide you with any reasons for refusing an order.

8. Delivery

We ship in the original boxes with the bands on. Your cigars will arrive fresh and in original impeccable condition. All of our packages are shipped with Royal Mail in the most discrete way possible. Delivery aim is approximately 5 – 20 business days for most of Europe, 6 – 10 business days for North America, and 10 – 25 business days for Asia and the Pacific Rim. Please note that actual delivery times may vary depending on the performance of the local Postal organization of the destination country which The Cigar Holder Ltd. has no control over.

Delivery is guaranteed except for situations that arise from Customer error such as:

Wrong or insufficient address; Address change due to relocation or a move; Unsuccessful delivery due to customer not being present at the delivery address; Assumed loss of the package(s) after delivery (package tracking shows delivered but the Client says he has not received the package); Importation prohibited by local legislation; Clearance refused.

The Customer acknowledges that no refund is due if the package does not get delivered to the Customer due to one of the above reasons.

In case of a return due to the Refused Clearance, the refund will be processed before deducting the administrative fee/restocking fee equal to 25% In addition, the return delivery fee will be deducted before processing the refund.

In case of lost shipments due to all other reasons, www.tchcigars.com guarantees the reshipment of the order.

9. Law and Jurisdiction

These terms and conditions of sale shall be governed by and construed in accordance with the laws of England and Wales.
Any disputes arising in relation to the Site, the Order Line or these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If any of these terms or conditions of sale should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions shall survive and continue to be binding and enforceable.

10. We do not ship tobacco or Cuban products to the following countries: the US, Canada, France, Italy, Greece, India, Vietnam, Turkey, Norway, Finland, Hungary, Sweden, Latvia, Luxembourg, Portugal, Russia, Slovakia, Switzerland, and South Africa.

11. Tobacco-related laws differ from one country to another

There are countries where the importation of tobacco products or Cuban goods may be prohibited. No Cuban Cigars will be neither sold nor sent to an American Citizen, wherever he is living throughout the world. By placing an order with www.tchcigars, the Customer confirms that he knows the applicable laws pertaining to the purchase and importation of Cuban Cigars from abroad to his shipping address. The Client takes on full legal responsibility for bringing the cigars into his country. www.tchcigars.com does not assume any responsibility for any duties, tariffs, taxes, customs, brokerage fees, delayed shipments, or any further inconveniences caused by domestic Customs offices. The Cigar Holder Ltd. is not able to be fully aware of all regulations pertaining to customs offices all over the world hence assumes that each Customer is fully aware of the conditions and regulations applied by his domestic customs system.

12. Comments and Complaints

If you have any comments or complaints to make about purchases made through the Site or the Order Line please send them to
The Cigar Holder Ltd Head Office – 23 Landmark House, 1 The Broadway, Loughton IG10 2FA.

Website Use Terms

The home page and the sub-domain pages of the website under the domain name www.cgarsltd.co.uk (“the Site”) are operated by The Cigar Holder Ltd.  All copyright and other rights that subsist in the Site are owned by The Cigar Holder Ltd.

In consideration of The Cigar Holder Ltd allowing you to access the pages of the Site you are deemed to accept the following terms and conditions of use.
Please read them carefully. If you do not accept these terms and conditions of use, do not use the Site.

1. Subject to what is said below material from the Site may be downloaded, viewed, listened to (where appropriate), printed, copied on the hard disk of your computer (but not photocopied), and used for your own personal, non-commercial purposes as a personal information or consumer retail resource in good faith ONLY.
Any other type of use requires the prior written agreement of The Cigar Holder Ltd.

2. You agree not to use the Site:
– To create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site except where expressly permitted on the Site.
– To transmit or re-circulate any material obtained from the Site to any third party except where expressly permitted on the Site.
– In such a way as to remove the copyright or trademark notice(s) from any copies of any material made in accordance with these terms.
– To upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
– Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

3. Whilst every effort has been taken to ensure the accuracy of the information, it has been provided from a number of sources and The Cigar Holder Ltd does not accept any liability for this information.
It is the responsibility of users to check the accuracy of relevant facts and opinions given on the Site before entering into any commitment based upon them.

4. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

5. Where you are required to provide personal data to The Cigar Holder Ltd you agree to provide true, accurate, current, and complete information.

The Cigar Holder Ltd will process your personal data in accordance with, data protection legislation.

You hereby agree that the personal data that you provide to The Cigar Holder Ltd may be processed by The Cigar Holder Ltd while

– Processing your requests and orders
– Providing you with information by email or other means
– Providing a personalised service
– Maintaining accounts and records
– Statistical analysis and conducting market research surveys
– Assessing and evaluating the use that is being made of the Site, Information, and databank compilation and administration.

6. The Cigar Holder Ltd cannot guarantee that your use of the Site will be free from error and/or uninterrupted. The Cigar Holder Ltd shall not be liable for any damages including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data,
or profits, whether in contract, negligence, or other tortious action, arising out of, or in connection with the Site or any other Internet sites.

7. The Site may contain material (including, but not limited to, advertisements) posted by third parties.
Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to the Site and for ensuring that such content complies with all relevant legislation.
The Cigar Holder Ltd accepts no responsibility for the content of material submitted by third parties, including, without limitation, any error, omission, or inaccuracy therein.

8. The Site may contain links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them.
The Cigar Holder Ltd 
is not responsible for the content of these Internet sites.

9. Whilst effort has been taken to ensure that the Site is free from viruses, no warranties are given that it is free from viruses and users are responsible for ensuring that they have installed adequate virus-checking software. The Cigar Holder Ltd shall not be liable for any viruses or any other computer code, files, or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of the Site or any hardware on which it is hosted.

10. Nothing in these terms serves to exclude or limit liability for death or personal injury arising from negligence or any liability which is otherwise prohibited from being excluded by law.

11. These terms may be varied from time to time. Please ensure that you review these terms regularly as you will be deemed to have accepted a variation if you continue to use the Site after a variation has been posted.

12. If any of these terms should be determined to be illegal, invalid, or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect, and continue to be binding and enforceable.

13. This Site has been designed for use within the UK.
Whilst users from outside the UK are free to view this Site, The Cigar Holder Ltd does not give any warranty, express or implied, that viewing or using the Site from outside the UK complies with any applicable non-UK laws or regulations.

14. These terms shall be governed by and construed in accordance with the laws of England and Wales.
Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of England and Wales.

The Cigar Holder Ltd.
Company number: 12361687
VAT number: GB 338 8906 55

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