YOU MUST READ AND REVIEW THE TERMS AND CONDITIONS BELOW PRIOR TO ANY USE OR PURCHASE ON THIS SITE. BY USING OUR SITE OR PURCHASING ANYTHING FROM OUR SITE, YOU AGREE TO THESE TERMS AND CONDITIONS AND YOU AGREE THAT YOU ARE AT LEAST 21 YEARS OF AGE.
GENERAL
Welcome to Black Smoke Cigars, blacksmokecigars.com. Before you use the Black Smoke Cigars Cigar’s Web Site (the "Site"), please read the following basic terms that govern your use of the Site. By using the Site, you agree to follow and be bound by these terms (the "Agreement").
We may from time to time change the rules that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, the Site from time to time including, but not limited to, content and equipment and/or software needed for access or use.
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 or over the age of 21. Individuals under such age attempting to purchase products shall not receive any Products and hereby forfeit their payment to Black Smoke Cigars, LLC, 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 or are over the age of 21, 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.
USER COMMENTS, FEEDBACK AND OTHER
ACCEPTANCE OF ORDERS
There may be orders that we are unable to accept for one reason or another. Black Smoke Cigars, LLC reserves the right, at 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 that 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 payment, as soon as possible.
SUBMISSIONS
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to Black Smoke Cigars or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain Black Smoke Cigar’s property. Such disclosure, submission or offer shall constitute an assignment to Black Smoke Cigars 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 - NICOTINE
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.
DUTIES, TAXES AND LICENSES
All duties, taxes and licenses incurred while shopping at Black Smoke Cigars are the sole responsibility of the customer. Black Smoke Cigars cannot be held responsible (nor vouch) for any orders with pending taxes, duties or licenses.
SURGEON GENERAL WARNING
Cigar smoking is not a safe alternative to cigarettes. 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 The State of Georgia to cause cancer, birth defects and other reproductive harm.
MINOR COMPLIANCE
Black Smoke Cigars will not sell products to anyone under the age of 21, nor will it sell cigarettes. Black Smoke Cigars cannot be held responsible for minors purchasing products with a guardian credit card. By using the Site, you agree that you are at least 21 years of age.
ANCILLARY COMPUTER EQUIPMENT AND SERVICES
You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Site.
LEGAL COMPLIANCE
You shall use Black Smoke Cigars for lawful purposes only. You shall not transmit through Black Smoke Cigars any material which violates or infringes in any way 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. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to Black Smoke Cigars for any breach of this provision or any other provision of this Agreement.
WARRANTY / DISCLAIMER OF LIABILITY
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT BLACK SMOKE CIGAR CLUB SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
GOVERNING LAW / JURISDICTION
By using any of Black Smoke Cigars Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Black Smoke Cigars. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, the excluded disputes, or if you opt-out of the agreement to arbitrate, you agree to resolve any dispute you have with Black Smokes Cigars exclusively in a state or federal court located in Locust Grove, Georgia and to submit to the jurisdiction of the courts in Henry County, Georgia for the purpose of litigating all such disputes.
