Terms of service
Acosta Cigars LLC – Terms of Service
Effective Date: [Insert Date]
Welcome to Acosta Cigars LLC (“Acosta Cigars,” “we,” “us,” or “our”). By accessing or using www.acostacigars.com (the “Site”) and purchasing our products, you (“you,” “your,” or “customer”) agree to be bound by these Terms of Service (“Terms”). Please read them carefully before using our Site or services.
1. Legally Binding Agreement
These Terms constitute a legally binding agreement between you and Acosta Cigars LLC. By accessing our Site, creating an account, or making a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. Age Restrictions and Verification
- Minimum Age: You must be at least 21 years old to access or purchase from Acosta Cigars LLC. By using our Site, you represent and warrant that you are of legal age to purchase tobacco products in your jurisdiction.
- Verification: We use third-party age verification services at checkout and require an adult signature (21+) with government-issued photo ID upon delivery. Providing false information may result in account termination and potential legal action.
- Compliance: You are responsible for ensuring that purchasing and receiving tobacco products is legal in your location. We do not ship to jurisdictions where such sales are prohibited.
3. Health Warnings and Regulatory Disclosures
- Health Risks: All tobacco products, including cigars, carry significant health risks. By purchasing from us, you acknowledge these risks. Health warnings are displayed on our Site and product packaging as required by law.
- No Medical Claims: Our products are not intended to diagnose, treat, cure, or prevent any disease.
4. Product and Service Descriptions
We strive to provide accurate descriptions and images of our products. However, we do not warrant that product descriptions, images, or other content on the Site are complete, reliable, current, or error-free. If a product offered by Acosta Cigars is not as described, your sole remedy is to return it in accordance with our Return Policy.
5. Payment Terms
- Accepted Methods: We accept major credit cards and other payment methods as indicated at checkout.
- Authorization: By submitting payment information, you authorize us to charge the applicable amount for your order.
- Order Acceptance: All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our discretion.
6. Shipping and Delivery
- Shipping Methods: We ship within the United States using USPS and UPS. Shipping options, costs, and estimated delivery times are provided at checkout.
- Age Verification at Delivery: An adult signature (21+) is required upon delivery.
- State Restrictions: We do not ship to states or localities where the sale or shipment of premium cigars is prohibited by law.
- Risk of Loss: Title and risk of loss pass to you upon our delivery of the order to the carrier.
For full details, see our [Shipping Policy].
7. Returns, Refunds, and Exchanges
- Return Window: Returns must be initiated within 7 days of delivery. Only unopened, unused products in original packaging are eligible.
- Defective or Damaged Items: Contact us within 48 hours of delivery for damaged or incorrect items. We may request photos and will arrange for a replacement or refund as appropriate.
- Non-Returnable Items: Opened cigars, individual cigars, custom orders, and items marked “Final Sale” are not eligible for return.
For full details, see our Return Policy.
8. Warranties and Disclaimers
- No Warranties: Except as expressly stated, all products and services are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability or fitness for a particular purpose, except as required by law.
- Assumption of Risk: By purchasing, you acknowledge the health risks associated with tobacco use and assume all responsibility for compliance with applicable laws.
9. Limitation of Liability
To the fullest extent permitted by law, Acosta Cigars LLC and its affiliates, officers, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or products, even if advised of the possibility of such damages. Our total liability for any claim shall not exceed the amount paid for the product in question.
10. Intellectual Property
All content on the Site—including text, images, logos, trademarks, and designs—is the property of Acosta Cigars LLC or its licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute any content without our express written permission.
11. User Conduct and Acceptable Use
You agree not to:
- Use the Site for any unlawful purpose or in violation of any applicable law.
- Attempt to gain unauthorized access to any portion of the Site or its systems.
- Interfere with the operation or security of the Site.
- Use the Site to transmit any harmful or malicious code.
12. Privacy and Data Protection
Your use of our Site is also governed by our [Privacy Policy], which explains how we collect, use, and protect your personal information, including age verification data. By using our services, you acknowledge that you have read and agree to our Privacy Policy.
13. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of [Insert State], without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in [Insert County/State], unless otherwise required by law.
14. Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to your use of our Site or purchase of our products shall be resolved by binding arbitration in [Insert State], under the rules of the American Arbitration Association. You waive any right to participate in a class action or class-wide arbitration. Before initiating arbitration, you must provide us with written notice of your dispute and allow 30 days for informal resolution.
15. Modifications to Terms
We reserve the right to update or modify these Terms at any time. Changes will be posted on this page with the updated effective date. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.
16. Contact Information
For questions, support, or legal notices, please get in touch with us at:
- Email: info@acostacigars.com
- Phone: +1 (305)320-5335
- Mailing Address: 407 Lincoln Rd, Suite 6H PMB 7209, Miami Beach, FL 33139, United States
- Business Hours: Monday–Friday, 9:00 AM–5:00 PM Eastern Time
17. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, and Return Policy, constitute the entire agreement between you and Acosta Cigars LLC regarding your use of the Site and purchase of our products.
By using our Site or purchasing from Acosta Cigars LLC, you acknowledge that you have read, understood, and agree to these Terms of Service.
If you have any questions or require further clarification, please get in touch with our customer service team. Thank you for choosing Acosta Cigars LLC.
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