Winnipesaukee Cigar Company :: Terms & Conditions
 

Terms & Conditions

 

Terms & Conditions of Use

Welcome to WinnipesaukeeCigar.com. Adams & Kuschel L.L.C. (d/b/a and herein referred to as "Winnipesaukee Cigar Company") provides its website features to you subject to the following conditions. If you visit or shop at WinnipesaukeeCigar.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Winnipesaukee Cigar Company website feature (e.g.: Your Account; Send to Friend; Product Ratings; etc.) you also will be subject to any guidelines, terms and agreements ("Terms") that may be applicable to your use of such features. If these conditions are inconsistent with such Terms, the Terms will control.

PRIVACY

Please review our Privacy Policy, which also governs your visit to WinnipesaukeeCigar.com, to understand our privacy practices.

ELECTRONIC COMMUNICATIONS

When you visit WinnipesaukeeCigar.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this website such as but not limited to text, graphics, logos, icons, images, data, and software, is the property of Winnipesaukee Cigar Company or its content suppliers and protected by United States and international copyright laws. The compilation of content on this website is the exclusive property of Winnipesaukee Cigar Company and protected by U.S. and international copyright laws. All software used on this website is the property of Winnipesaukee Cigar Company or its software suppliers and protected by United States and international copyright laws.

INTELLECTUAL PROPERTY

WinnipesaukeeCigar.com and Winnipesaukee Cigar Company graphics, logos, page headers, icons, scripts, and service names are the intellectual property of Winnipesaukee Cigar Company in the U.S. and/or other countries. Winnipesaukee Cigar Company's intellectual property may not be used in connection with any product or service that is not Winnipesaukee Cigar Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Winnipesaukee Cigar Company. All other trademarks not owned by Winnipesaukee Cigar Company that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Winnipesaukee Cigar Company.

LICENSE AND WEBSITE ACCESS

Winnipesaukee Cigar Company grants you a limited license to access and make personal use of its website and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Winnipesaukee Cigar Company. This license excludes any resale or commercial use of this website or its contents; the collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion thereof may not be reproduced, mirrored, copied, sold, or used for any commercial purpose whatsoever without the express written consent of Winnipesaukee Cigar Company. You may not frame or utilize framing techniques to enclose any content, logo, or other proprietary information (including images, text, page layout, or form) of Winnipesaukee Cigar Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing Winnipesaukee Cigar Company's name or intellectual property without the express written consent of Winnipesaukee Cigar Company. Any unauthorized use terminates the permission or license granted by Winnipesaukee Cigar Company. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to http://www.WinnipesaukeeCigar.com (our entry page) as long as this hyperlink does not portray Winnipesaukee Cigar Company, its products, or its services in a derogatory, false, misleading, or offensive manner. You may not use any Winnipesaukee Cigar Company logo, proprietary graphic, or intellectual property as part of any hyperlink without express written permission.

YOUR CUSTOMER ACCOUNT AND ACCESS

Winnipesaukee Cigar Company sells premium hand-rolled cigars and related products only to customers who are 21 years of age or older. If you create a customer account and purchase with a credit card or other form of payment as permitted in order to place an order with us, you are stating, under penalty of law, that you are 21 years of age or older. You are responsible for maintaining the confidentiality of your customer account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your customer account or password. If you are younger than 21 years of age, we repectfully ask that you do not visit our website. Winnipesaukee Cigar Company reserves the right to refuse service, close accounts, remove content, and cancel orders in their sole discretion.

COMMENTS, COMMUNICATIONS, SUBMITTED MATERIAL

Visitors to our website may post comments; send communications; and submit suggestions, ideas, questions, or other information, as long as the content is not defamatory, illegal, objectionable, obscene, vulgar, or threatening and does not invade the privacy or infringe upon the intellectual property rights of others. Visitors may not post any content that consists of or contains chain letters, commercial solicitation, mass e-mailings, political material or campaigning, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or in any way mislead as to the origin of any content posted to our website. Winnipesaukee Cigar Company reserves the right (but not the obligation) to remove or edit any material posted or otherwise submitted to its website that in its sole discretion is inappropriate.

If you do post content or submit material, and unless we indicate otherwise, you grant Winnipesaukee Cigar Company a non-exclusive, royalty free, perpetual, right to use, reproduce, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Winnipesaukee Cigar Company and the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Winnipesaukee Cigar Company for all claims resulting from content you supply. Winnipesaukee Cigar Company has the right but not the obligation to monitor and edit or remove any content posted or material submitted to its website. Winnipesaukee Cigar Company takes no responsibility and assumes no liability for any content posted by you or any third party to its website.

PRICING

The price displayed for any item offered for sale on WinnipesaukeeCigar.com represents the retail price of the product itself and does not include shipping charges. When shipping is included in the price of an item, we will show that. Despite our best efforts, occasionally an item on WinnipesaukeeCigar.com may be incorrectly priced. If an item's correct price is higher than the price shown, we reserve the right to either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

PRODUCT DESCRIPTIONS

Winnipesaukee Cigar Company accurately describes the items for sale on its website. However, Winnipesaukee Cigar Company does not warrant that our product descriptions or other content on our website will be complete, current, or error-free at all times. If an item purchased from Winnipesaukee Cigar Company is not as described, you may return it in unused condition.

PRODUCT SHIPMENTS

Winnipesaukee Cigar Company uses multiple shipping carriers and reserves the right to select the best method available for all shipments. Processed orders (i.e. orders for which payment has been received and funds deposited and/or cleared) are shipped within 3 business days. All purchases from Winnipesaukee Cigar Company are made pursuant to a shipping contract. The risk of loss and title for items pass to you upon our delivery to the shipping carrier. We work diligently with our shipping carriers to help track and resolve any lost or damaged shipments should they occur.

RETURNS / REFUNDS

Cigar Returns: All cigars are carefully inspected and monitored for freshness. If for some reason you are not happy with the cigars you purchased from Winnipesaukee Cigar Co., please contact us within 5 business days of receipt of your product for return instructions and a refund of the original purchase price. Cigars believed to be unsmokable or defective must still be in a condition to be sent back to the manufacturer. Non-Tobacco Products: If you are not 100% satisfied with any non-tobacco product that you purchased from Winnipesaukee Cigar Co., please contact us within 10 business days of receipt of your product for return instructions and a refund of the original purchase price. Free Promotional Items: All defective free/promotional items must be returned by customer at customer cost. Replacement will be issued when it is received by Winnipesaukee Cigar Co. Return shipping costs: Winnipesaukee Cigar Co. will pay for return shipping if your package was damaged or it was our error when it reached you. You may contact Winnipesaukee Cigar Co. for return instructions at 603-875-8777 during business hours Monday through Thursday 9:30 am to 6:00 pm, Friday and Saturday 9:30 am to 9:00 pm and Sunday 9:30 am to 5:00 pm. You may also email us at info@winnipesaukeecigar.com.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND FEATURES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY Winnipesaukee Cigar Company ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Winnipesaukee Cigar Company MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR FEATURES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Winnipesaukee Cigar Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Winnipesaukee Cigar Company DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR FEATURES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; ITS HOSTING SERVERS; OR E-MAIL SENT FROM Winnipesaukee Cigar Company ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Winnipesaukee Cigar Company WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR FEATURES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting WinnipesaukeeCigar.com, you agree that the laws of the state of New Hampshire, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Winnipesaukee Cigar Company.

DISPUTES

Any dispute relating in any way to your visit to WinnipesaukeeCigar.com or to products or services sold or distributed by Winnipesaukee Cigar Company or through WinnipesaukeeCigar.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $250 shall be adjudicated in any state or federal court in Belknap County, New Hampshire, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy, posted on our website. These policies also govern your visit to WinnipesaukeeCigar.com. We reserve the right to make changes to our website, policies, and these Terms & Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

OUR MAILING ADDRESS

Adams & Kuschel L.L.C.
P.O. Box 534
18 Mount Major Highway
Alton Bay, NH  03810
http://www.WinnipesaukeeCigar.com