Thank you for visiting this website at www.suckmycigar.com (the "Site"). SuckMyCigar.ca & SuckMyCigar.com is a leading online retail store and information site for cigars and cigar accessories. The Site is operated and designed by us, Suck My Cigar Corp. a company with limited liability situated in and vested under the laws Alberta, Canada, to provide a convenient, private and informative shopping experience for consumers to purchase Cigars and related products 24 hours a day, 7 days a week. We offer a large selection of Cigars and related products, along with a wealth of information designed to help consumers make educated purchasing decisions. We want you to have a safe, pleasurable visit, so we have established the following general terms and conditions so that we (we and you) know what to expect from each other.

These general terms and conditions (which include the returns policy, intellectual property policy and privacy policy) are applicable to any use of the Site and to any agreements concluded between you and us through the Site. If you do not agree to these Terms and Conditions, you cannot use this Site and/or buy any products or services through this Site. We may make changes to the Site, these Terms and Conditions of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and the General Terms and Conditions periodically for any updates or changes. Your continued access or use of the Site shall be deemed to be your acceptance of these changes and of the reasonableness of these standards for notice of changes.

YOUR ACCOUNT OBLIGATIONS

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete.

Specifically, you must be of legal age in the province, state, or Country in which you reside to purchase tobacco products and to view our website. Also, when you agree to our terms, you are stating legally and truthfully where you reside.

By purchasing from or perusing this website, you are aware of the consequences, legal or otherwise – that the falsifying of age or residing address will be subject to the prosecution of all the laws of your permanent residence. Specifically, falsification of your residence or age is not allowed for the purposes of viewing or purchasing tobacco products and you will be liable for any tobacco taxes, excise taxes or any other provincial, state or country taxes from your residence.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you are subject to our Privacy Policy. Please review our Privacy Policy (below) to understand our privacy related practices.

WARNING

Suck My Cigar Corp. and SuckMyCigar.ca /.com  and any of our staff, directors or owners does not promote the use of tobacco products.  In fact, tobacco kills.  By using this site and purchasing tobacco products from this site, you take on the responsibility of any health concerns that may arise from smoking to yourself and others. Visit http://www.smoke-free.ca to get the facts on what tobacco can do to your body and others. By the use of this site you affirm that Suck My Cigar Corp. and SuckMyCigar.ca /.com has no liability whatsoever regarding your own or any other person’s health problems.

You are liable for the consequences of your purchasing actions. If you purchase tobacco products from our website, you are responsible for abiding by your country’s state / province tobacco laws.  Our Website is constructed to & only licensed to sell tobacco to Albertan residences.  We are not responsible for any actions taken upon the buyer for disobeying any tobacco laws or taxes in their jurisdiction.  When you make your purchase you understand that your billing address is legally your place of residence.  If you are a US citizen, we still guarantee your delivery & you likely have many questions.  Please contact us at 888-9-CIGAR-8 to discuss this further.

YOUR CONDUCT

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

PRODUCT DESCRIPTION

We have made every effort to display as accurately as possible the colours of our products that appear at the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.

DELIVERY

Deliveries will be as soon as possible to the address on your order and are "best effort" based. Subject to delays outside our control, the overall delivery period will not exceed 30 days.

COOLING-OFF PERIOD

You may return any products ordered by you and cancel the agreement without stating any reason for doing so within seven 7 days following the confirmation of your order ("the Return Period"). Cigars may only be returned if damaged on route & must have the total quantity shipped returned (damage by “fire” is not admissible as a return). If you return the products you are obliged to comply with the requirement of our Returns Policy (below). You must return all the products in the resalable packaging provided with them. Between the date of your election to withdraw and the date the product is returned by you to us, you shall bear all risk in keeping the products safe, secure, and free from loss or damage.

RETURNS POLICY

We will issue a refund or replacement of goods in all instances where:

1. cigars or related products delivered are the wrong product from electronic purchase order or confirmed order by phone or email
2. cigars or related products are supplied damaged;

You may not return your order if:

1. the shipment contains Cigars and are returned to us as undeliverable by the shipping method (ie. They sit at UPS for a week after 3 attempts and are sent back), Remember – Cigars dry out.

In all instances (save returns to us as undeliverable) you should contact our customer services to request a return and the relevant return address. A refund or replacement will be issued to you following their receipt at that address within 7 days of that date. If goods other than cigars are returned as undeliverable, you will be contacted by email for confirmation of the delivery address. If no reply is received within a reasonable period and in any event within 7days of the return of the goods, then a refund will be made within 30 days of that date.

You shall pay the postal charge for goods returned under this article. We may refuse to accept future orders from those who have made previous unsubstantiated claims for non-delivery of goods. Refunds will be limited to the maximum value of the original order, including delivery charges and will only be issued against the same credit or debit card & paypal account as supplied to pay for the goods. We reserve the right to proportionately reduce the level of the refund if only some of the original quantity of Cigars or related products is returned, or if it is clear that some of the products have been used. In the case of goods returned under your 'cooling off' right, these must be returned undamaged and unused to qualify for a refund (no open packages).

Shipping and Payment

When you place your order, you can choose your shipping method.. Priority shipping can take up to approximately 10 business days. If you need your product faster, choose 1 or 2 day shipping  to receive your shipment.

OUR RIGHTS

We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us.

Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.

TERMINATION

These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

APPLICABLE LAW

By ordering products from this Site, you understand and agree that you are entering into a contract directly with Suck My Cigar Corp. and that your order is being accepted by Suck My Cigar Corp. Any disputes relating to or arising from the use of the Site and/or from any agreement between you and us will only be submitted to the competent court in Canada. We cannot make representations that any product referred to on the Site is appropriate for use, or available, in every country in the World.

INTELLECTUAL PROPERTY POLICY

Because copying can harm rightful owners of IP rights we drafted the following IP Policy:

You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Site nor introduce any modifications to the products supplied by us unless the nature of the delivered product dictates otherwise. Use of the Site does not constitute a license to use in any way, any of the trademarks owned by us or our licensors, including but not limited to the words SuckMyCigar.ca /.com. All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Site are the copyright of us or our licensors, where applicable. Permission is granted to users to download and print one copy of the Site for their own personal, non-commercial, use. Any other use of the Site including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Site without prior written consent from us is strictly prohibited. Last but not least: you may not create and/or publish your own database that features substantial parts of the Site without our prior written prior approval.

PRIVACY POLICY

We respect the personal privacy of all users of the Site and will at all times seek to comply with the FIPA http://fipa.bc.ca/home. The personal data we collect about our users shall be carefully and adequately processed. To process your order we will ask you for personal data when you register for a purchase (this will include your name, date of birth, e-mail and postal addresses. You will need to give your consent before any processing takes place and your personal data will only be used for the purposes stated in these terms and conditions and or at the point of collection. We are committed to maintaining the highest standards of personal data protection and will not collect your personal information without your consent.

DISCLAIMERS AND LIMITATION OF LIABILITY

The Site is provided "as is" and we exclude all warranties of any kind to the fullest extent permissible by law and do not guarantee the accuracy or completeness of the Site or any information or content or that it is free of defects or viruses.

You agree that the Site, including the content, is provided free of charge. Neither we will be liable to you nor any person for any loss or damage of any kind which may arise from the unauthorized use of the Site and the use of any information contained within it. Furthermore we shall not be held liable for any information held on sites which may have links to or from the Site and which are not maintained and controlled by us. We will use reasonable endeavours to ensure that the Site is and stays fully operational. Due to the nature of the Internet, we cannot guarantee that the Site will be free from delays, interruptions or errors. We take all reasonable efforts to ensure that information on the Site is correct, but we cannot give representations or warranties, express or implied, in relation to the accuracy or completeness of the said information.

We take precautions to protect personal data collected through the Site but in the event that our system is infiltrated by unauthorized third parties we will not be liable for any resulting misuse of the personal data.

Any of our liability resulting from use of or visiting the Site, the delivery of defective products and/or services, will be limited to direct damages and up to the amount of the price stipulated for the items concerned. Liability for indirect damages is in all circumstances excluded.

Without prejudice to the provisions set out above, we will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the cigars and or related products sent to you.

GENERAL INFORMATION

We reserve the right to make changes to the Site, policies and these general terms and conditions at any time. You will be subject to the general terms and conditions in force at the time that you use the Site or that you order goods from us. If any of these conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Occasionally, we may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions of Use must be filed within one year after such claim or cause of action arose or be forever barred.

1. We reserve the right to suspend or terminate your access to and use of the Site and/or the granting of credit to you at any time in our sole discretion.
2. We may charge an administration fee of $25 to your account if your payment is not honoured by your bank or other financial institution for "non sufficient funds" or for any other reason.
3. You hereby authorize us, at our sole discretion, to charge the amount of any overdue invoice(s) to your credit card or other method of payment that you may have provided to us at any time for any reason without first providing advance notice to you.
4. You authorize us to collect, use and disclose personal information about you for the following purposes: (a) to establish and maintain a responsible commercial relationship with you and to provide you with ongoing services; (b) to understand your needs and preferences; (c) to develop, enhance, market or provide products and services to you; (d) to obtain payment from you for debts owing; (e) to manage and develop our business and operations; and (f) to meet legal and regulatory requirements. Unless required by law, we shall not collect or use for any new purpose your personal information without first identifying and documenting the new purpose and obtaining your consent.
5. We collect personal information primarily from our customers who visit our website. We may also collect personal information from other sources including but not limited to credit bureaus or other third parties who represent that they have the right to disclose such information to us.
6. Personal information which we may collect typically includes your name, phone number, email address, social insurance number, driver's license number, credit card information, credit history, payment and banking information, details of communications between you and us, internet user names, activity reports, passwords and personnel identification numbers.
7. We may disclose your personal information to: (a) a company or individual retained by us to perform functions on our behalf, such as research and data processing; (b) another company or person for the development, enhancement, marketing or provision of any of our products or services; (c) credit grantors and reporting agencies; (d) an agent used by us to evaluate a your credit worthiness or to collect your account; (e) a person who in our reasonable judgment is seeking the information as your agent; and (f) any person, company or government agency as required or permitted under applicable law.

SUBMISSIONS

We are pleased to hear from our customers and welcome your comments regarding our products, including the Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.

Thank you for visiting SuckMyCigar.com.

Copyright © 2008 SuckMyCigar.com & Suck My Cigar Corp., All rights reserved. Any rights not expressly granted herein are hereby reserved.