TESORO TABAC TERMS & CONDITIONS

DEFINITIONS

In this document the following words shall have the following meanings:

  • BUYER means the person who buys Goods;

  • GOODS means the articles to be supplied to the Buyer by the Seller;

  • INTELLECTUAL PROPERTY means all patents, registered, and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;

  • SELLER ​means Tesoro Cigar Boutique LLC DBA Tesoro Tabac

LEGAL

Sale of cigars on this website is not intended for anyone under the age of 21.  Items must be shipped to an address where a person is available to sign for and receive said items.

GENERAL

These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.  Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

PRICE AND PAYMENT

The price shall be the Recommended Retail Price less agreed discount, unless otherwise agreed in writing between the parties.  The price is exclusive of taxes or any other applicable costs. Credit terms may be offered subject to satisfactory credit vetting of the Buyer by the Seller.  The offer of credit will be at the sole discretion of the Seller.

Where credit is offered payment of the price and taxes and any other applicable costs shall be due within 30 days of the date of the invoice supplied by the Seller, unless otherwise agreed in writing.  In cases where credit is not offered payment will be required before release of Goods by the Seller.

If the payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:

  • require payment in advance of delivery in relation to any Goods not previously delivered;

  • refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery.

DESCRIPTION

Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.  For the advance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

SAMPLE

Where a sample of Goods shall pass to the Buyer upon receipt of the Goods.  Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

RISK

Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

TITLE

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

RETURN OF UNUSED GOODS

  1. All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply.

  2. Any returns must be authorized by a representative of the Seller before any credit will be given.

  3. Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of shipping and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obligated to accept any goods that are damaged in any way. The Seller will only accept returns that appear in the Sellers current Collection List.

  4. Credit of amounts due or paid in will only be given for goods that the Seller can resell in its Collection

LIMITATION OF LIABILITY

  1. The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price.
  2. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.

INTELLECTUAL PROPERTY

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.

FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, natural disasters, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

RELATIONSHIP OF PARTIES

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

SEVERABILITY

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

Tesoro Cigar Boutique LLC DBA Tesoro Tabac

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