Terms
and Conditions
PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS
AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY
ACCESSING OR USING OUR WEBSITE OR BY PURCHASING A PRODUCT FROM US THAT WAS
ADVERTISED ON OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND
AGREED TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
POLICIES, TERMS AND CONDITION
By accessing or using Kingmakers Cigars (“KMC”, also
referred to as “we”, “our” or “us”) website at www.kingmakerscigars.com and any
other websites we own or operate from time to time (collectively, our “Website”),
you acknowledge that you have read, understood and agreed to be bound by these
terms and conditions hereunder (these “Terms and Conditions”) and our
Website policies. We reserve the right
to add, delete, modify or otherwise alter any of our Terms and Conditions at
any time without further notice to you, in our sole discretion. It is your responsibility to check our Website
to determine the then-current Terms and Conditions to which you are bound. If you do not agree to be bound by these or
any future Terms and Conditions, do not access or use, or continue to access or
use, our Website.
PERMISSIBLE USES OF WEBSITE
By accessing or using our Website, we grant you a limited, non-transferable, non-exclusive license to access and make
personal use of our Website.
This license does not include the right to
access or use our Website to place an order for resale. You may not use our trademarks, service marks,
logo, or other proprietary information or Website Content without our prior
written consent. We may terminate
this license at any time for any reason without notice to you.
ORDERS
Receiving
an order confirmation email or an order number does not guarantee the
acceptance of your order or confirm our offer to sell products to you. We
reserve the right, without prior notice, to limit the quantity
of any item ordered and/or to refuse service to any customer. We may require verification
of your information, including but not limited to your age, before accepting
your order.
Product
prices and availability on our Website are subject to change without notice to
you, at our sole discretion. We reserve the right, in our sole discretion, to refuse or cancel any order
for any reason. Your account may also be
restricted or terminated for any reason, in our
sole discretion.
PRICES AND PAYMENT
All prices, discounts, and promotions displayed on our Website are subject to change without prior notice to you, in our sole discretion. The price charged for a product will be the price in effect at the time the order is placed and will be specified in your order confirmation email. Price increases will only apply to orders placed after such changes take effect. The displayed prices do not include applicable taxes or shipping and handling charges. All such taxes and charges will be added to your merchandise total and will be itemized in your checkout page and order confirmation email. We may, from time to time, offer promotions on our Website that may affect pricing. These promotions are governed by separate terms and conditions distinct from these Terms and Conditions. In the event of any conflict between the terms and conditions of a promotion and these Terms and Conditions, the terms and conditions of the promotion will prevail.
Payment
terms are in our sole discretion and, unless otherwise expressly authorized by
us in writing, payment must be received in full prior to our acceptance of an
order placed on our Website.
SHIPMENTS, DELIVERY; TITLE AND RISK OF LOSS
Upon completion of your purchase, we will facilitate the shipment of your ordered products to your designated address. Please refer to the checkout page for specific delivery options and associated fees and charges. All shipping and handling charges, as specified during the ordering process, will be your responsibility. These charges represent the reimbursement for the costs and expenses that we incur in processing, handling, packaging, shipping, and delivering your order. Upon the transfer of your order to the carrier, title and risk of loss will pass to you. While we provide estimated shipping and delivery dates, we cannot guarantee their accuracy and are not liable for any delays in shipments. To ensure responsible delivery, all shipments containing tobacco products require age verification. Adult recipients (21+) must present a valid ID to accept delivery.
DISCLAIMER OF WARRANTIES
We
intend for the information and data contained on
our Website to be accurate and reliable, but since the information and data have been compiled from a variety of sources, they are provided “AS IS” and “AS AVAILABLE.” You expressly agree that
your access or use of our Website and any information contained therein is at
your sole risk. NEITHER KMC NOR ITS MEMBERS,
EMPLOYEES, AGENTS OR REPRESENTATIVES WARRANT THE ACCURACY, COMPLETENESS, OR
RELIABILITY OF THE CONTENT PROVIDED ON OUR WEBSITE OR THE PRODUCTS OR SERVICES
OFFERED FOR SALE ON OUR WEBSITE. WE CANNOT AND DO NOT WARRANT THAT YOUR ACCESS OR
USE OF OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. ACCORDINGLY,
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND
FITNESS FOR A PURPOSE, AND ANY
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR
USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES,
SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN
NO EVENT WILL WE OR OUR SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, PROFITS OR REVENUE
OR ANY SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN CONNECTION WITH OUR WEBSITE, THE PRODUCTS OR SERVICES AVAILABLE ON OUR
WEBSITE, OR THESE TERMS AND CONDITIONS, HOWEVER ARISING, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE. FURTHERMORE, WE WILL NOT BE LIABLE EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER CLAIMED
UNDER CONTRACT, NEGLIGENCE, TORT, OR OTHER LEGAL THEORY) WILL UNDER NO
CIRCUMSTANCES EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
ELECTRONIC COMMUNICATIONS
When you visit our Website or communicate with us electronically by
sending emails, you consent to receiving communications from us electronically. We will communicate with
you by email or by posting notices on our Website. You agree that all
agreements, notices, disclosures and other communications we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
COOKIES
Our
Website may utilize cookies, which are small data files sent to your device
when you visit certain websites, to monitor usage patterns. If you prefer not
to receive cookies, you can adjust your browser
settings
to notify you before accepting cookies and allow you to decline them at your
discretion. Additionally, you can disable cookies altogether in your browser
settings. Cookies may be employed to track your acceptance of our age
verification requirements.
INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend,
indemnify and hold harmless KMC, its affiliates, and their respective owners,
members, officers, employees, agents and representatives (collectively, the “KMC
Indemnified Parties”), from and against any and all liabilities, judgments,
claims, settlements, losses, damages, penalties, obligations and expenses,
including reasonable attorneys’ fees and other professionals’ fees and expenses
(collectively, the “Claims”), incurred or suffered by such person
arising from, by reason of, or in connection with any claim, loss or damage or
injury to person or property arising from, by reason of or in connection with: (i)
your user generated content; (ii) your breach or alleged breach of these Terms
and Conditions; (iii) your violation or alleged violation of any laws, rules,
regulations, codes, statutes, ordinances or orders of any governmental or
quasi-governmental authorities in connection with your use of our products or
our Website; (iv) information or material transmitted through your electronic
devises, even if not submitted by you, that infringes, violates or
misappropriates any copyright, trademark, service mark, trade dress, patent, or
other intellectual property right of any person or entity; and (v) any
misrepresentation made by you under these Terms and Conditions. You represent
and warrant that you will fully cooperate with the KMC Indemnified Parties in
the defense of any Claims. Notwithstanding the foregoing, the KMC Indemnified
Parties retain the exclusive right to settle, compromise and pay any and all
Claims. The KMC Indemnified Parties reserve the right to assume the exclusive
defense and control of any Claims. You will not settle any Claims without the
prior written consent of an officer of any of the KMC Indemnified Parties.
This indemnification obligation will survive the purchase of any
products on our Website or any access or use to our Website indefinitely.
COMPLIANCE WITH LAWS
You are responsible for complying with all applicable laws,
regulations and ordinances while accessing our Website.
FORCE MAJEURE
We will not be liable for any default or breach of these Terms and
Conditions due to any failure or delay in our performance hereunder to the
extent such failure or delay is caused by or results from acts beyond our
reasonable control. These events include, without limitation, acts of God, war,
invasion, hostilities, sabotage, accidents, riots, civil unrest, fire,
explosion, flood, hurricane, earthquake, epidemic, pandemic, strike, labor
stoppages, lockout, injunction, inability to obtain fuel, power, raw materials,
labor, industrial disturbances, containers or transportation facilities,
breakage of machinery or apparatus, national defense requirements,
recommendation, request, embargoes, national or regional emergency, government
order, or requirement of any governmental authority having or claiming to have
jurisdiction over us, our subcontractors and/or our suppliers, or any other
cause beyond our reasonable control. During such a force majeure event, our
obligations under these Terms and Conditions will be suspended during the
duration of such force majeure event and for a reasonable period of time
thereafter; provided, however, that these Terms and Conditions will
otherwise remain in effect.
GOVERNING LAW; JURISDICTION
These Terms and Conditions will be
governed by and interpreted and enforced in accordance with the substantive and
procedural laws of the State of Florida without giving effect to any choice of
law or conflict of laws rules or provisions that would cause the application of
the laws of any jurisdiction other than the State of Florida. You and we
irrevocably submit to the exclusive jurisdiction of (i) the State of Florida, Miami-Dade
County; and (ii) the United States District Court for Southern District of Florida
for the purposes of any action arising out of these Terms and Conditions. You
and we agree to commence any such action either in the United States District
Court for the Southern District of Florida or if such action may not be brought
in such court for jurisdictional reasons, in the state courts of the State of
Florida. You and we irrevocably and unconditionally waive any objection
to the laying of venue of any action arising out of these Terms and Conditions hereby
in the State of Florida and hereby further irrevocably and unconditionally
waive and agree not to plead or claim in any such court that any such action
brought in any such court has been brought in an inconvenient forum. YOU AND WE
HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION (WHETHER
BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR THE ACTIONS OF SUCH PARTY IN THE NEGOTIATION, ADMINISTRATION,
PERFORMANCE AND ENFORCEMENT HEREOF.
EXPORT CONTROLS
You are
responsible for adhering to all applicable trade regulations and laws, both
domestically and internationally. Except as
permitted under United States law, you affirm and guarantee that you will not
export or re-export our products to any country, person, or entity subject to
United States export controls or sanctions.
USE BY INDIVIDUALS UNDER 21 PROHIBITED
We require that the access or use of our Website and all purchases
be made by individuals 21 years of age or older. EACH TIME YOU PURCHASE A
PRODUCT FROM US, YOU REPRESENT AND WARRANT TO US THAT YOU ARE AN INDIVIDUAL 21
YEARS OF AGE OR OLDER.
TERMINATION OF USAGE
We may block your access to all or part of our Website, at any time
and without notice, for any conduct that we believe, in our sole discretion,
violates these Terms and Conditions or applicable law or is harmful to the
interests of another user, us or our affiliates.
ENTIRE AGREEMENT; HEADINGS
These Terms and Conditions, our policies, written documents,
contracts or documents regarding your purchase of any products from us, will
constitute the entire agreement between you and us with respect to the subject
matter hereof and supersedes all prior and contemporaneous agreements or
discussions. The section headings used herein are for convenience only and will
not be given substantive effect.
SEVERABILITY
If any provision
of these Terms and Conditions are held invalid, the remainder of these Terms
and Conditions will continue in full force and effect. If any provision of
these Terms and Conditions will be deemed unlawful, void or for any reason unenforceable, then that provision will be
deemed severable from these Terms and Conditions and will not affect the
validity and enforceability of any remaining provisions.
WAIVER
No waiver by us of any provisions of these Terms and Conditions is
effective unless explicitly set forth in writing and signed by us. No failure
to exercise, or delay in exercising, any right, remedy, power, or privilege
arising from these Terms and Conditions operates or may be construed as a
waiver thereof. No single or partial excuse of any right, remedy, power or
privilege hereunder precludes any other or further exercise thereof or the
exercise of any other right, remedy, power or privilege.
PRIVACY POLICY
Please review our Privacy Policy, which also governs your access
and use of our Website, to understand our privacy practices.