Terms of Service

OVERVIEW

This website is operated by Hemingway's Cigars. Throughout the site, the terms “we”, “us” and “our” refer to Hemingway's Cigars. Hemingway's Cigars offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your province or territory of residence, or that you are the age of majority and you have given us your consent to allow any minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, and you must not violate any laws in your jurisdiction when using the Service (including but not limited to copyright laws). You must not transmit any malicious code, viruses, or destructive code. A breach or violation of any of these Terms will result in immediate termination of your access to our services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason, at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmission over various networks and adaptations to meet the technical requirements of connected networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service without express written permission from us. The headings in this agreement are for convenience only and do not limit or affect the Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information provided on this site is inaccurate, incomplete, or outdated. The content on this site is for general information purposes only and should not be relied upon without consulting more accurate, complete, or timely sources of information. Your use of the information on this site is at your own risk. Historical information may be provided on this site, which is not current and is offered solely for reference purposes. We reserve the right to modify site content at any time, but we are under no obligation to update any information.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service, or any part of it, at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be exclusively available online through the website. These products or services may have limited quantities and are subject to our Refund Policy. We have made every effort to display product colors and images accurately, but we cannot guarantee that your monitor's display will be accurate. We reserve the right to limit sales of our products or services to any person, geographic region, or jurisdiction, and this may be determined on a case-by-case basis. We may also limit the quantities of any products or services offered. All descriptions and pricing of products are subject to change at any time without notice. We also reserve the right to discontinue any product or service. We do not guarantee that the quality of products, services, or information purchased will meet your expectations, and any errors will be corrected as necessary.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, household, or order, including those placed under the same account or using the same payment method. If we make any changes to or cancel an order, we will attempt to notify you via the contact details you provided. We reserve the right to restrict or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You are responsible for keeping your account information up-to-date, including email addresses and credit card details, so that we can complete your transactions and contact you as necessary.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor control. You acknowledge that access to these tools is provided “as is” and “as available” without any warranties, representations, or conditions. We are not liable for your use of these third-party tools. Any use of optional tools provided through the site is entirely at your discretion and risk, and it is your responsibility to ensure that you understand and agree to the terms provided by the third-party provider(s).

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our site may include materials from third parties. We are not responsible for reviewing or evaluating the accuracy of third-party content and materials, and we do not warrant or accept liability for any third-party materials or websites. Complaints or concerns regarding third-party products should be directed to the relevant third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you send us any submissions, whether solicited or unsolicited, you agree that we may edit, copy, publish, distribute, and use them in any medium. We are not obligated to maintain any comments in confidence, pay compensation for any comments, or respond to any comments. We may monitor, edit, or remove content that violates any part of these Terms or is otherwise deemed objectionable. You are solely responsible for the legality, originality, and accuracy of your comments.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy, which can be viewed here: [Insert Privacy Policy Link].

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be errors or omissions in product descriptions, pricing, promotions, shipping charges, and availability. We reserve the right to correct any errors and update or cancel orders if necessary. We undertake no obligation to update or clarify information except as required by law.

SECTION 12 - PROHIBITED USES

In addition to the prohibitions outlined in these Terms, you may not use the site for unlawful purposes, to infringe on intellectual property rights, or to engage in abusive, discriminatory, or immoral behavior. We reserve the right to terminate your use of the site for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of the service will be uninterrupted or error-free. You agree that the service is provided “as is” without any warranties. Hemingway's Cigars is not liable for any direct, indirect, incidental, or consequential damages related to your use of the service.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold harmless Hemingway's Cigars, its affiliates, officers, and employees from any claim or demand arising from your breach of these Terms of Service.

SECTION 15 - SEVERABILITY

If any provision of these Terms is deemed unenforceable, the remaining provisions will still apply in full force.

SECTION 16 - TERMINATION

These Terms of Service remain in effect until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services.

SECTION 17 - ENTIRE AGREEMENT

These Terms of Service and any policies posted on this site constitute the entire agreement between you and Hemingway's Cigars regarding your use of the service.

SECTION 18 - GOVERNING LAW

These Terms of Service are governed by the laws of Canada.

SECTION 19 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or change these Terms at any time. Your continued use of the site constitutes your acceptance of these changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hemingway.cigars@rogers.com.