You have connected to the www.GetCigar.com website. 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 GetCigar.com. Any business transacted with GetCigar.com will be governed exclusively by these General Terms and Conditions.
A. PROVISIONS GOVERNING THE ISSUANCE OF ORDERS AND CONCLUSION OF CONTRACTS
Article 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.
Article 2. 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 GetCigar.com. Once the payment has been confirmed in accordance with Article 3 of these General Terms and Conditions, the order is accepted by GetCigar.com. GetCigar.com 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, GetCigar.com 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.
Article 3. General Obligations of the parties
3.1 Obligations of GetCigar.com
GetCigar.com 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, GetCigar.com undertakes to place the Products with the carrier of its choice not later than twenty four (24) hours (only working days taken into account) after the order has been accepted.
3.2 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 GetCigar.com Product delivery (price of the Products plus transport), 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.
Article 4. Specific Provisions
4.1 Price, Invoice The total price (the "Price") shown by GetCigar.com 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.
4.2 Transport - Delivery - Delivery Schedule The Product(s) will be delivered to the address indicated within a period of four (4) to fifteen days (only working days taken into account). The delivery time given to the Customer by GetCigar.com 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. GetCigar.com 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.
4.3 Transfer of Risk
The transfer of risk of the Products takes place when GetCigar.com gives the Products to the carrier.
4.4 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 GetCigar.com (e-mail or fax) 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. If the above procedures are respected, and the claim is proven to be valid due to the packaging and the Products being seriously damaged, GetCigar.com at their choice will either reimburse the Customer the Price or replace the Products at GetCigar.com’s expense. If the delivery is not in conformity with the quantity ordered, GetCigar.com will reimburse the difference in the price between the Products ordered and those delivered only if those delivered are sold for less than those ordered and paid for. No claim will be accepted with respect to the taste, appearance or freshness of the Products.
4.5 Limited Guarantee
GetCigar.com 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. GetCigar.com guarantees that the Products are of good quality. The above is the only warranty given by GetCigar.com. No other warranties, whether express or implied, are given. In particular, GetCigar.com does not warrant that the Products correspond to the specific expectations of the Customer.
4.6 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, GetCigar.com will not be held liable for not respecting any laws or regulations in the country where the Products are delivered. GetCigar.com is only liable for complying with Costa Rican regulations relating to the Products. In any event, the liability of GetCigar.com 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 GetCigar.coms liability may be assessed.
C. 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 GetCigar.com 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 Costa Rican law. All litigation or disputes between the parties shall be brought only before the competent court in San Jose, Costa Rica.
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 GetCigar.com.
GetCigar does not sell cigars to person under the age of 18 years or to US citizens neither ships to the US. 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.