Terms & Conditions
Welcome to Cigar Grail. These Terms and Conditions (the “Terms”) govern your access to and use of CigarGrail.com (the “Site”) and any purchase you make from us. We have done our best to write them in plain English. Please read them carefully, because by browsing the Site, creating an account, or placing an order, you agree to be bound by these Terms and by our Privacy Policy.
If you do not agree with these Terms, please do not use the Site or place an order.
01 Who We Are and What These Terms Cover
The Site is owned and operated by Cigar Grail LLC (“Cigar Grail,” “we,” “us,” or “our”), a cigar retailer located at 2216 E Oakland Park Blvd, Fort Lauderdale, FL 33306. You can reach us by phone at 754-309-9674 or by email at [email protected].
These Terms apply to every visitor and customer of the Site. They work together with our other policies, which are part of this agreement by reference:
If anything in those policies conflicts with these Terms, these Terms control, unless the policy clearly states otherwise.
02 Eligibility and Age Requirement (21+)
Cigar Grail sells tobacco products and tobacco-related accessories. By law, these are sold only to adults. By using this Site or placing an order, you confirm that:
- You are at least 21 years of age.
- You are purchasing tobacco products for your own personal use and not for resale or for delivery to anyone under 21.
- You have the legal capacity to enter into a binding contract.
- Tobacco products of the type you are ordering are legal to purchase and receive at your delivery address.
It is illegal to purchase tobacco products on behalf of, or to deliver them to, any person under the age of 21. We do not sell to minors, and we reserve the right to refuse, cancel, or report any order we believe is intended to circumvent age laws.
03 Age Verification and Adult Signature on Delivery
To keep tobacco out of the hands of minors and to comply with federal and state law, the following apply to every order that contains tobacco:
- Age verification. We may verify your age and identity at the time of purchase using third-party verification tools and the information you provide. We may request a copy of a valid government-issued photo ID before releasing an order. If we cannot reasonably verify that you are 21 or older, we will cancel the order and refund any amount charged.
- Adult signature required. On orders that contain tobacco products, an adult signature (21+) is always required at delivery. The carrier will check a government-issued photo ID. If no qualifying adult is available to sign, the package will not be released.
- Failed delivery. If a tobacco shipment is returned to us because no eligible adult was available to sign, or because the address was undeliverable, you are responsible for any return-to-sender and reshipment costs. Original shipping charges are non-refundable in this situation.
Providing false age or identity information is a violation of these Terms and may be a violation of law.
04 Your Account
You can browse much of the Site without an account, but some features and a faster checkout require one.
- You agree to provide accurate, current, and complete information, including a valid date of birth, and to keep it up to date.
- You are responsible for keeping your password confidential and for all activity that happens under your account.
- Notify us right away at [email protected] if you believe your account has been accessed without permission.
- We may suspend or close an account that contains false information, that is used to break these Terms, or that we reasonably believe is being used by someone under 21.
05 Products, Descriptions, and the Nature of Handmade Cigars
We work hard to describe and photograph our products accurately, but a few honest caveats apply.
- Natural variation. Premium cigars are an agricultural, handmade product. Color, veining, construction, draw, size, shading of the wrapper, and burn can vary from cigar to cigar and from box to box, even within the same brand and line. Product photos are representative, not exact. This natural variation is a normal feature of fine tobacco and is not a defect.
- Descriptions and specs. Strength ratings, flavor notes, country of origin, wrapper, binder, filler, and similar specifications are provided for general guidance based on manufacturer information and our own experience. They are subjective and may change as manufacturers update their blends.
- Errors. We do not warrant that product descriptions, pricing, or other content on the Site are complete, current, or error-free. If a product is listed with an incorrect price or description, we may cancel the order (see Section 7) even after it has been placed.
- Storage and freshness. Cigars are perishable. Once a product has been delivered, proper storage (for example, humidity and temperature control) is your responsibility. We are not responsible for products that are damaged by improper storage after delivery.
06 Pricing and Availability
- All prices are shown in U.S. dollars and do not include applicable taxes or shipping unless stated otherwise.
- Prices, promotions, and product availability can change at any time without notice. Inventory is limited and is sold on a first-come, first-served basis.
- Promotional codes, sales, and discounts cannot be combined unless we say so, may exclude certain brands or products, and may be withdrawn at any time.
- Free standard shipping applies to qualifying orders over $99, as described in our Shipping Policy.
07 Orders and Order Acceptance
When you place an order, you are making an offer to buy. Your order is not accepted until we send a shipping confirmation. An order confirmation or payment authorization email is an acknowledgement, not an acceptance.
We reserve the right, at our sole discretion, to limit, refuse, or cancel any order, including (without limitation) when:
- We cannot verify that the buyer is 21 or older.
- The product or price was listed in error.
- The item is out of stock or has been discontinued.
- We cannot lawfully ship the product to your address.
- We suspect fraud, reselling, or a violation of these Terms.
- Order quantities exceed limits we set per customer, household, or product.
If we cancel an order after you have been charged, we will refund the charged amount to your original payment method.
08 Payment
- We accept the payment methods shown at checkout, which may include credit and debit cards and third-party services such as PayPal and PayBright. Your use of those services is also subject to their own terms.
- By submitting payment information, you represent that you are authorized to use the payment method and that the information is accurate.
- You authorize us (and our payment processors) to charge the full order amount, including taxes and shipping, to your selected payment method.
- If a payment is declined, reversed, or charged back, we may cancel or hold the related order and may recover amounts owed to us, including reasonable costs of collection.
09 Shipping and Delivery
Full details are in our Shipping Policy. In summary:
- Where we ship. We ship within 48 U.S. states, U.S. territories, and to APO and FPO military addresses. We do not ship to Utah, South Dakota, or Hawaii. We may add or remove shipping destinations at any time as laws and carrier rules change.
- Personal use only. Products are sold for personal use only. Shipping to a freight forwarder or reshipper for export or resale is not permitted without our written approval.
- Transit times. Estimated delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, weather, customs, incorrect addresses, or other events outside our control.
- Risk of loss. Adult signature is required on tobacco orders (see Section 3). Optional shipping protection may be offered at checkout. If you decline coverage, we are not responsible for packages that are lost, stolen, or damaged in transit once they leave our facility.
- Damaged shipments. If your order arrives damaged, contact us within 72 hours of delivery with your order number and photos of the product and packaging, as described in our Returns and Refunds Policy.
10 Returns and Refunds
Full details are in our Returns and Refunds Policy. In summary:
- Eligible returns must be initiated within 30 days of delivery, and you must request a Return Authorization (RMA) before sending anything back.
- Cut, lit, used, or altered cigars, clearance and final-sale items, gift cards, subscription shipments, and used humidors cannot be returned.
- We cover return shipping when we shipped the wrong item or the item arrived damaged or defective. For preference-based returns, you pay return shipping and original shipping charges are non-refundable.
- Approved refunds are issued to the original payment method, typically within 3 to 10 business days after we receive and inspect the return.
The Returns and Refunds Policy governs in the event of any conflict with this summary.
11 Taxes, Tobacco Regulations, and Your Compliance
- Sales and tobacco taxes. You are responsible for all applicable sales, use, excise, and tobacco taxes associated with your order. Where we are required to collect such taxes, they will be added at checkout or invoiced as required by law.
- State and local laws. Tobacco laws differ from state to state and city to city. You are responsible for knowing and complying with the tobacco laws that apply where you live and where your order is delivered, including any local taxes, registration, or reporting obligations that fall on the buyer.
- Federal reporting (PACT Act). Sales and shipments of certain tobacco products are subject to federal and state reporting requirements, including the Prevent All Cigarette Trafficking (PACT) Act and similar laws. By ordering, you acknowledge that we may be required to collect, retain, and report certain information about your purchases to government authorities, and you consent to that collection and reporting to the extent required by law.
- No unlawful purchases. You agree not to use the Site to purchase or receive tobacco products in any way that violates federal, state, or local law.
12 Health Warning and Assumption of Risk
Tobacco products are dangerous to your health. By purchasing from Cigar Grail, you acknowledge and accept the risks of tobacco use.
Cigar smoking can cause cancers of the mouth and throat, even if you do not inhale.
Cigar smoking can cause lung cancer and heart disease.
Cigars are not a safe alternative to cigarettes.
This product contains nicotine. Nicotine is an addictive chemical.
Tobacco use while pregnant can harm you and your baby.
California Proposition 65 Warning: This product can expose you to chemicals including nicotine, which is known to the State of California to cause birth defects or other reproductive harm, and other chemicals known to cause cancer. For more information, go to www.P65Warnings.ca.gov.
You assume all risk associated with the purchase, possession, and use of tobacco products. Cigar Grail does not provide medical advice, and nothing on the Site should be taken as a claim that any product is safe.
13 Acceptable Use
When you use the Site, you agree not to:
- Buy or attempt to buy tobacco if you are under 21, or buy on behalf of anyone under 21.
- Resell our products, or purchase in quantities or patterns that suggest resale or trafficking, without our written approval.
- Provide false, inaccurate, or misleading information, including age or identity information.
- Use the Site for any unlawful purpose, or in violation of any tobacco, tax, export, or consumer-protection law.
- Interfere with or disrupt the Site, introduce malware, attempt to gain unauthorized access, scrape or harvest data, or place orders through bots or automated means.
- Infringe our intellectual property or that of others.
We may suspend or terminate your access, cancel orders, and take legal action for any violation of this section.
14 Reviews, Comments, and Other User Content
If the Site allows you to post reviews, comments, photos, or other content:
- You are responsible for what you post and confirm that it is your own, accurate, and not unlawful, defamatory, or infringing.
- You grant Cigar Grail a non-exclusive, royalty-free, worldwide, perpetual license to use, display, reproduce, and adapt that content in connection with our business and marketing.
- We may edit, refuse to post, or remove any content at our discretion, and we are not obligated to keep any content posted.
- Reviews must reflect a genuine experience. We do not allow fake, misleading, or undisclosed incentivized reviews.
15 Intellectual Property
The Site and its content, including the Cigar Grail name and logo, text, graphics, product photography, page layouts, and the selection and arrangement of content, are owned by Cigar Grail or our licensors and are protected by intellectual property laws. Brand names, logos, and product images of the manufacturers we carry are the property of their respective owners and are used to identify their products.
You may view and use the Site for your own personal, non-commercial shopping. You may not copy, reproduce, republish, scrape, or use our content for any commercial purpose without our prior written permission.
16 Third-Party Links and Services
The Site may link to or rely on third-party websites and services (for example, payment processors, shipping carriers, and social media). We do not control those third parties and are not responsible for their content, products, or practices. Your dealings with them are governed by their own terms and privacy policies.
17 Disclaimers
THE SITE AND ALL PRODUCTS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CIGAR GRAIL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Site is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
18 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CIGAR GRAIL AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY PRODUCT PURCHASED FROM US, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SITE OR A PURCHASE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM.
Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you.
19 Indemnification
You agree to defend, indemnify, and hold harmless Cigar Grail and its owners, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms or any law; (c) your purchase, possession, or use of tobacco products; or (d) any false information you provide, including about your age.
20 Dispute Resolution and Governing Law
- Let us try to fix it first. If you have a problem, please contact us at [email protected] before taking any formal action. Most issues can be resolved quickly and directly. You agree to give us at least 30 days to resolve a dispute informally after you notify us in writing.
- Governing law. These Terms and any dispute arising out of them or your use of the Site are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules.
- Venue. You agree that any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to the personal jurisdiction of those courts.
- Time limit. To the extent permitted by law, any claim related to the Site or a purchase must be filed within one (1) year after the claim arose, or it is permanently barred.
21 Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Updated” date at the top of this page. Changes take effect when posted. Your continued use of the Site or placement of an order after changes are posted means you accept the updated Terms. We encourage you to review this page periodically.
22 General Provisions
- Entire agreement. These Terms, together with the policies linked in Section 1, are the entire agreement between you and Cigar Grail regarding the Site and your purchases, and replace any prior agreements on the same subject.
- Severability. If any part of these Terms is found to be unenforceable, the rest stays in full force and effect.
- No waiver. Our failure to enforce any part of these Terms is not a waiver of our right to enforce it later.
- Assignment. You may not transfer your rights or obligations under these Terms without our consent. We may assign ours, for example in connection with a sale of the business.
- Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, including supply shortages, carrier disruptions, severe weather, or government action.
23 Contact Us
Questions about these Terms? We are happy to help.
Cigar Grail
2216 E Oakland Park Blvd, Fort Lauderdale, FL 33306
Phone: 754-309-9674
Email: [email protected]
Hours: Mon to Sat 10am to 9pm ET, Sun 10am to 7pm ET
Thank you for choosing Cigar Grail.
