Terms and Conditions
An order confirmation shall be issued electronically by www.cigarsdream.com to all buyers. The merchandise is delivered within two to seven working days.
SATISFACTION GUARANTEE:
Buyers receive a 100% satisfaction guarantee from www.cigarsdream.com . The specialists of www.cigarsdream.com have controlled all merchandise at 100% prior to shipment to secure authenticity and quality. All cigars are stored by www.cigarsdream.com at the optimum temperature of 18-19 Celsius and at a relative humidity of 72%.
REPLACEMENT AND REFUND:
In the unlikely event where the products delivered do not match with the buyer’s expectations, the latter will inform www.cigarsdream.com accordingly with 48 hours after receipt and eventually return merchandise within maximum 7 days after delivery. The buyer shall follow www.cigarsdream.com ‘s instructions for returning the goods. Upon receipt of the return www.cigarsdream.com will proceed with a replacement shipment at its own expenses or refund the buyer for the returned goods.
SHIPMENT REQUIREMENTS AND INFORMATION:
Unless the buyer requires otherwise, cigars are packed and shipped in original boxes. In the event where the buyer has specific and particular requests for packing or shipping cigars, such requirements should be notified by electronic mail to www.cigarsdream.com
IMPORTANT NOTE: IT IS THE BUYERS SOLE RESPONSIBILITY TO CONFORM TO CUSTOMS, FISCAL OR IMPORT REGULATION AT DESTINATION. WE CANNOT ACCEPT ORDERS FOR DELIVERY TO THE USA.
Once selected by the specialists of www.cigarsdream.com cigars are prepared with utmost care and every cigar box is placed in a sealed and humidified pouch. This process ensures that cigars are provided with the right protection and humidity during transport to destination.
SHIPPING CHARGES AND LEADTIME FOR DELIVERIES:
The actual shipping costs by Swisspost are calculated on line while the order is being processed. Buyer can choose between two different shipping modes: economy or priority. Delivery leadtimes are those as shown on Swisspost site www.laposte.ch . Cigarsdream.com assumes no liability in the event where Swisspost does not respect the transit time. We bear responsibility for shipments up to the point the goods have left the swiss border.
GENERAL INFORMATION
The www.cigarsdream.com online shop was developed and is operated by H.D.C. SA (recorded in the trade register of the Canton of Vaud).
Any order taken for a product on sale on the www.cigarsdream.com online shop is based on the assumption that the buyer has read and accepted these terms and conditions beforehand.
Consequently, any buyer wishing to order on line acknowledges that he/she is fully aware of the fact that his/her agreement to the contents of these terms and conditions does not require his/her handwritten signature of this document.
The buyer may save or print these terms and conditions, it being understood that both saving and printing of the said document are his/her sole responsibility.
As far as we are concerned, we undertake to give you, whenever practical, the following information:
1. The accurate identification of the company.
2. The essential features of items for sale and their use.
3. The prices of items in Swiss Francs (CHF), Euros (Eur) USA Dollars (Usd) .
4. The conditions of payment and order fulfilment as well as the delivery charges.
5. The existence of a legal right of revocation.
Objects displayed on commercial illustrations are not delivered with the items.
Any dispute arising in connection with the www.cigarsdream.com website operation shall be governed by the general sales conditions set out below. If, in spite of everything, the dispute remains unresolved, we shall personally seek a “non adversarial” solution.
Where appropriate, the courts of the Canton of Vaud shall be the only competent courts.
GENERAL SALES CONDITIONS
Article 1: Entirety
These general sales conditions constitute the entire obligations of the parties. Hence, the buyer is deemed to have accepted the full clauses provided for in these general sales conditions without reserve. No general or specific condition set out in the documents sent or given by the buyer may be incorporated herein, in as much as the said documents are inconsistent with these general sales conditions.
Article 2: Purpose
These general sales conditions aim to define the rights and obligations of the parties with respect to the online sales of goods and services which are proposed to the buyer by www.cigarsdream.com
Article 3: Contractual documents
This contract contains the following contractual documents, ordered by decreasing importance: these general sales conditions and the online order form. In case of contradiction between provisions contained in documents of different ranks, the provisions of the higher rank document shall prevail.
Article 4: Effective date and duration
These general sales conditions shall become effective from the date of the sending of the online order. They shall remain in force during all the time necessary to provide subscribed goods and services, until the expiry of the guarantees due by www.cigarsdream.com
Article 5: Electronic signature
The last “click” of the buyer on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Order confirmation
The contractual information will be confirmed by e-mail not later than the delivery date or, failing that, at the address indicated by the buyer on the order form.
Article 7: Proof of the transaction
The computerized records, kept reasonably safely in www.cigarsdream.com’s computer systems, shall be considered as proofs of the communications, orders and payments that occurred between the parties. The archiving of order forms and invoices is made on a reliable and durable medium that may be issued as a proof.
Article 8: Information about products/stock
8-a: On its website, www.cigarsdream.com displays the products for sale with all the necessary information enabling the potential buyer to know the essential features of the products he/she intends to buy before placing a definitive order.
8-b: Offers presented by www.cigarsdream.com are valid only while stock lasts. www.cigarsdream.com shall in no event be held responsible for any product being undeliverable, out-of-stock or sold out.
8-c: The pictures displayed on the website are not contractual.
Article 9: Pricing
Prices are indicated in Swiss francs (CHF), Euros (Eur), USA Dollars (Usd) and are only valid at the date when the buyer sends the order form. They do not include delivery charges, which are charged as extra costs and are indicated before the validation of the order. Shipping within Switzerland is free of charge for orders equivalent to Chf 150. - or more. Orders for less than 150, - Chf will be subject to a charge of Chf 8,--. Full payment must be made upon ordering, and in any event before shipping the ordered items. At no time any monies received may be considered as a deposit or a down payment.
Article 10: Method of payment
To pay his/her order, the buyer may choose between all the methods of payment proposed on the online order form. The buyer guarantees www.cigarsdream.com that he/she has the authorizations required to use the chosen method of payment, upon validating the order form. www.cigarsdream.com reserves the right to suspend any order procedure or any delivery if authorization of payment by debit card is denied by any certified financial institution or in case of non-payment of the order. www.cigarsdream.com specifically reserves the right to refuse to carry out a delivery or to honour an order coming from a buyer who has not fully paid an order or with whom a dispute is underway. www.cigarsdream.com has implemented an order check-out procedure to insure no one is using someone else’s banking information without their knowledge. www.cigarsdream.com reserves the right to use this procedure if any doubt arises with regard to the client’s legitimacy. With respect to this check-out, the client shall be required to fax www.cigarsdream.com a copy of an identification paper with a proof of domicile. Our services shall validate the order only after receiving and checking out papers sent by the buyer.
Article 11: Availability of products
The order shall be fulfilled within a maximum of 7 working days as of the date when the buyer placed it. If the ordered product is unavailable, especially because of our suppliers, the buyer shall be informed thereof as soon as possible and shall have the possibility to cancel his/her order. The buyer may then request a refund within 3 days after the payment date or order a replacement product.
Article 12: Delivery arrangements
Products shall be delivered at the address indicated by the buyer on the order form. The buyer undertakes to check the physical condition of the goods upon delivery. He/she shall inform www.cigarsdream.com by e-mail within 2 days after delivery of any defects noticed.
Article 13: Delivery problems due to carrier
Any defect concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken product…) should imperatively be mentioned on the delivery slip in the form of “handwritten reserves” signed by the client. At the same time, the buyer shall confirm this defect by sending the carrier the said claims by registered mail, within 2 days after the delivery date. The buyer shall send a copy of this mail to info@cigarsdream.com.
Article 14: Delivery error
14-a: The buyer shall report, within two days after delivery, any claim concerning delivery errors and/or non-compliance of the products (regarding their nature or quality) compared to the indications mentioned on the order form. Any claim submitted after this time limit shall be rejected. To have the right to return the product on account of a delivery error, the buyer shall in no event have unsealed, opened or used the item.
14-c: Any claim not submitted according to the aforementioned rules and time periods shall not be taken into account and shall relieve www.cigarsdream.com of any liability towards the consumer.
Article 15: Product guarantee
The provisions herein shall in no case deprive the buyer of the legal guarantee compelling the professional vendor to protect, defend and indemnify him/her against all the consequential damages arising out of or in connection with any latent defects of the sold product. www.cigarsdream.com provides a full guarantee that all products sold are of genuine & authentic origin and of top quality. The buyer is expressly informed that www.cigarsdream.com is not the maker of the products presented within the www.cigarsdream.com website regarding liability for defective products. Consequently, in case of any bodily injury or property damage due to a defective product, the buyer shall contact the maker of the said product, based on the information mentioned on the packaging, who shall be the sole responsible party.
Article 16: Act of God
Neither party shall be liable for failing to perform its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or an act of God A fortuitous event or an act of God shall be defined as any fact or circumstance compelling, exterior to the parties, unpredictable, unpreventable, independent of the will of the parties and not preventable by them, despite all the efforts reasonably possible. The party affected by such circumstances shall notify the other within 10 working days following the date it becomes aware thereof. The two parties shall contact each other within 30 days, unless the act of God renders it impossible, in order to examine the impact of the event and agree on the conditions under which the execution of the contract terms shall be continued. If the act of God lasts more than 60 days, the aggrieved party shall be entitled to terminate these general sales conditions. Explicitly, are considered as acts of God or fortuitous events, besides those usually considered as such by the law: blockage of means of transport or of supplies, earthquakes, fires, storms, floods, thunderbolt; disruption of telecommunication networks or difficulties specific to telecommunication networks beyond the clients’ control.
Article 17: Partial non-validation
If one or several provisions of these general sales conditions are considered or declared invalid in application of a law, a regulation or the final decision of any competent jurisdiction, the other provisions shall remain in full force and effect.
Article 18: Governing law
These general sales conditions are governed by Swiss law and particularly by the Code of Obligations, which governs things not expressly mentioned in these general sales conditions. It applies to substantive rules as well as to procedural rules. If any dispute or claim arises, the buyer shall preferably turn to www.cigarsdream.com in order to seek a non adversarial solution. Thereafter and in the event of an appeal, the buyer shall be entitled to file a claim with the courts of the Canton of Vaud.
Article 19: Computer science and liberties
The information asked to the buyer is necessary for his/her order processing and may be exclusively communicated to www.cigarsdream.com ’s contractual partners involved in the fulfilment of the said order. The buyer may write to www.cigarsdream.com to exercise his/her rights of access and rectification on his/her personal information contained in www.cigarsdream.com’s files.
These general sales conditions are written in French language. The buyer declares he/she has full legal capacity to commit himself/herself under the provisions of these general sales conditions. Sales of tobacco products are prohibited to minors below the age of 18 years old. By making a purchase the buyer confirms to be 18 year old or older.
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