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.
USE OF THE WEBSITE
By accessing the website, you warrant and represent to Island Cigar Factory that you are legally entitled to do so and to make use of information made available via the website. You warrant and represent that you are of legal age and that there are no legal impediments that would prevent the proposed transaction.
AGE OF CONSENT
Where Goods or Services may only be purchased by persons of a certain age you will be asked when placing an Order to declare that you are of the appropriate legal age to purchase the Goods or Services. By submitting an Order, you are confirming to Island Cigar Factory that you are of an appropriate legal age to purchase the Goods or Services requested. If Island Cigar Factory discovers or is of the opinion (as to which Island Cigar Factory shall have sole discretion) that you are not legally entitled to order certain Goods or Services, Island Cigar Factory shall be entitled to cancel the Order immediately, without notice.
LIMITATION OF LIABILITY
Island Cigar Factory 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 Island Cigar Factory 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.
PRICE AND PAYMENT
The price of the Goods and Services shall be that stipulated on the Website or as otherwise advised by Island Cigar Factory. The price listed shall be the base price and shall not include additional charges such as taxes and shipping which may be added to your total. The Website contains a large number of Goods and Services and it is always possible that some of the Prices on the Website may be incorrect. Island Cigar Factory will verify prices as part of our sale procedures so that the correct Price will be stated when you pay for the Goods and/or Services. Payment must be made prior to your Order being accepted and a Contract being formed.
In the event that an Island Cigar Factory product is mistakenly listed at an incorrect price, Island Cigar Factory reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Island Cigar Factory 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, Island Cigar Factory shall issue a credit to your credit card account in the amount of the incorrect price.
Island Cigar Factory 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 Island Cigar Factory.
Island Cigar Factory reserves the right to withdraw any Goods or Services from the Website at any time. Island Cigar Factory shall not be liable to anyone for withdrawing any Goods or Services from the Website or for refusing to accept an Order. Island Cigar Factory has a right to revise and amend these Terms and Conditions (including Price) without notice.
Island Cigar Factory shall not be liable for any delay or failure to perform any of their obligations if the delay or failure results from events or circumstances outside Island Cigar Factory’s reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, terrorism, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, telecommunications failure, epidemic, perils of the sea or air, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority; disputes of whatever nature and for whatever cause arising including but without prejudice to the generality of the foregoing, work to rule, overtime bar, strikes and walkouts. Island Cigar Factory shall endeavor to notify you as soon as possible should any such events or circumstances occur.
Island Cigar Factory 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. Island Cigar Factory 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 Island Cigar Factory in its sole discretion.
External links may be provided for your convenience, but they are beyond the control of Island Cigar Factory and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at
your own risk.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Island Cigar Factory disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Island Cigar Factory does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
DISCLAIMER OF LIABILITY
Island Cigar Factory shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither Island Cigar Factory nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. Island Cigar Factory shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of the use of any product purchased through this site.
You agree to indemnify, defend, and hold harmless Island Cigar Factory, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Our Store shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.
CONFLICT OF TERMS
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
In an attempt to provide increased value to our visitors, Island Cigar Factory may link to sites operated by third parties. However, even if the third party is affiliated with Island Cigar Factory, Island Cigar Factory has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Island Cigar Factory. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Island Cigar Factory 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).
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted under the United States and other copyright laws, and is the property of Island Cigar Factory. Copyright 2012, Island Cigar Factory 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 Island Cigar Factory or purchasing Island Cigar Factory 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 Island Cigar Factory.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Island Cigar Factory. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of Island Cigar Factory.
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 Island Cigar Factory products) shall be in the state or federal courts located in Monroe County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Island Cigar Factory products) must be commenced within one (1) year after the claim or cause of action arises. Island Cigar Factory’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. Island Cigar Factory may assign its rights and duties under this Agreement to any party at any time without notice to you.Captions used in these Terms and Conditions are for illustrative purposes only and shall have no binding effect.
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 Island Cigar Factory 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.
These Terms and Conditions, postal order forms, recorded telephone conversations at the time of submitting the Order and any other document referred to herein constitute the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter.