GENERAL TERMS AND CONDITIONS
The users use of the services provided by this website is exclusively regulated by the conditions contained herein (hereinafter “Conditions”). These Conditions are made available to the user and the user has the right to save and refer back to the same.
These Conditions regulate purchases made on www.cigarmust.ch, the website is owned by Free Shop Cigars S.A., with registered office located in Via A. Maspoli 21, 6850 Mendrisio, Switzerland, registered in the Companies Register of Cantone Ticino n. CHE-366132361, business identification number CH-501.3.018.1507, VAT n. CHE-366.132.361, email: firstname.lastname@example.org.
These Conditions do not govern the supply of services or the sale of products by any third party that appear by link, banner or by another hyperlink contained on www.cigarmust.ch.
The Conditions apply exclusively to contracts for sale with the purchasers, as provided by the federal law or Switzerland against unfair competition (LCSI), article 3, paragraph 1, effective since April 2012 "acting unfairly, in particular, anyone who provides goods, works or services through electronic commerce which fails to indicate in a clear and complete manner its identity and its contact address (including email address)" and European Law, article 2, paragraph 3 of 6 April 2010, which governs online sales.
1. FREE SHOP CIGARS S.A. IN GENERAL
1.1 Free Shop Cigars S.A. operates online (at www.cigarmust.ch; hereinafter, the “Portal”), and has as the company’s object the sale and advertising of products (hereinafter, the “Products”) of companies (hereinafter, the “Associate(s)”) to third parties of minimum age (hereinafter, the “Client(s)”).
1.2 With these Conditions Free Shop Cigars S.A. sells and the Client purchases online goods that are offered for sale on the Portal. The contract is executed exclusively via internet, through the Client's access to the Portal and the creation of a purchase order in accordance with the procedure set forth in the same website and these Conditions.
1.3 Prior to confirming its order, the Client undertakes to read these Conditions, and in particular, the pre-contractual information supplied by Free Shop Cigars S.A. and to accept them by clicking the relevant box.
1.4 The Products sold on the Portal can be only purchased and shipped to the countries indicated during the placement of the order. Orders for shipment outside of the countries listed shall be automatically rejected during the order process.
2. REGISTRATION OF CLIENTS
2.1 The simple registration procedure provides the Client with a “registered” status allowing it to place orders on the Portal.
2.2 To register you will need to click on “Register” and accept these Conditions, which also contain information on the treatment of personal data by Free Shop Cigars S.A.
3. AMENDMENTS TO PERSONAL DATA
3.1 Once a Client is registered it can at any moment update and amend the personal data which has been communicated to Free Shop Cigars S.A.
3.2 To affect any updates or amendments to personal data, refer to the section entitled “Account – Personal Data” found on www.cigarmust.ch.
3.2 Clients are responsible for the truth and correctness of the personal data provided, Free Shop Cigars S.A. under no circumstances shall be liable in respect of the same.
3.3 Clients may at any time, cancel their registration/subscription to the Portal.
3.4 In the event that the Clients do not wish to receive any or certain newsletters produced by Free Shop Cigars S.A., they can at any time, cancel the subscription to newsletters by accessing the section entitled “Account” and “Newsletter” and deselecting the newsletter that they do not wish to receive. The Client can cancel the service entirely by clicking on the link that appears at the end of each newsletter received by email.
4. INFORMATION RELATING TO THE PRODUCTS AVAILABLE FOR PURCHASE
4.1 Prior to the conclusion of the contract for purchase, the Client will view the characteristics of the goods contained in each individual product description that will be displayed at the time of the selection of the product by the Client.
4.2 Prior to the conclusion of the contract for purchase and confirmation of the order to which payment is required, the Client is informed of:
a) the total price, expressed in Swiss Francs (CHF), of the products inclusive of taxes, together with the details of shipping and any other costs;
b) the address where Free Shop Cigars S.A. is located together with other contact details (telephone number, facsimile, email address);
c) method of payment, delivery and execution, as well as the delivery date that Free Shop Cigars S.A. undertakes to deliver the goods;
d) information relating to the costs that the Client will bear for the return of the products in the case of a return;
e) possible existence of a legal guarantee of conformity relating to the purchased products;
f) possible existence of after-sale service conditions, of services provided after-sales and commercial guarantees;
g) any possible cap on the maximum number of purchasable products.
5. AVAILABILITY AND DURATION OF OFFERS
Products unable to be purchased are out of stock until they are next available. It is not possible to order a product, which is out of stock. Free Shop Cigars S.A. can only accept orders from Clients for the amount of Products, which are currently in stock. Therefore, the acceptance by Free Shop Cigars S.A. of the order made by the Client is subject to the availability of the Products. Free Shop Cigars S.A. will promptly notify the customer of any unforeseen unavailability due to excess demand or other causes.
6. PRICE OF PRODUCTS
6.1 The published price is expressed in Swiss Francs (CHF), inclusive of VAT, which is displayed at the time of the registration of the order; in the event that the price decreases in value, any difference in price shall not be paid. Free Shop Cigars S.A. reserves the right to modify its prices at any time.
6.2 The prices for each Product do not include delivery costs, which are detailed and calculated separately, as provided in paragraph 7.2.
6.3 The price of Products and delivery costs which are detailed on the Portal and contained in the order, unless otherwise specified, do not provide for any eventual customs costs or taxes in the event that shipment should be made to a non-European country in which local legislation provides for import costs.
6.4 Such costs are at the expense of the Client and must be paid directly at the time of delivery of the Products, according to the information contained in the Order confirmation. In the event that payment is not made, the Client shall remain liable for such payment.
7. DELIVERY TIMING AND COSTS
7.1 Free Shop Cigars S.A. undertakes to ensure that delivery of products to its clients shall take place within 15 days from the date of the conclusion of the contract for purchase.
7.2. Delivery costs shall be calculated from time to time based on the weight of the Products purchased and on the destination Country.
8. CONCLUSION OF THE CONTRACT
8.1 The sale and purchase contract is concluded only once Free Shop Cigars S.A. has received and processed the payment made by the Client. In the event that the payment has not been successful (e.g. for non-existence of the indicated bank account, lack of coverage, the wrong credit card number or reached the credit card limit), the contract will be considered null and void.
8.2 Once the contract has been concluded, a copy of the order and the applicable Conditions shall be held by Free Shop Cigars S.A. in its archives. The Client will have access to all information relating to the order and the applicable conditions by accessing the sections entitled “my orders” contained within its Account.
8.3 Free Shop Cigars S.A. reserves the right to refuse orders, which derive from a Client with whom there are litigation proceedings in course. This applies equally to all cases in which Free Shop Cigars S.A. considers the Client unsuitable, including without limitation, in the event of previous violations of contractual conditions for the online purchase on the Portal, or for any other legitimate reason, especially if the Client has been involved in fraudulent activity of any kind.
9. PAYMENT OF ORDER AND RETURNS
9.1 The payment of an order can be made by credit card (Visa, MasterCard, American Express, Visa Electron and/or other credit cards accepted by Free Shop Cigars S.A.) or by bank transfer made in Swiss Francs (CHF) to Banca Raiffeisen Morbio-Vacallo in Via Asilo 3, 6834 Morbio Inferiore, Switzerland, IBAN CH34 8029 0000 0022 59496, BIC (SWIFT) RAIFCH22290, with payment addressed to Free Shop Cigars S.A. (via angelo Maspoli 21, 6850 Mendrisio, Switzerland), with the originator and beneficiary bank fees to be paid by the Client.
9.2 On conclusion of a contract, Free Shop Cigars S.A. shall debit the amount of the order using the credit card details provided. In the event of a bank transfer, the order will be effective only once the amount of the order is credited to Free Shop Cigars S.A.’s bank account.
9.3 Amounts to be debited may be blocked from the moment the purchase process is concluded even if payment is made at a later time.
9.4 Invoices shall be provided upon the Clients’ request, to be made by email on the receipt of payment.
9.5 The Client shall be obliged to inform Free Shop Cigars S.A. of any unusual or undue charge, via email to email@example.com as soon as it becomes aware, in order to allow Free Shop Cigars S.A. to carry out the necessary checks.
9.6 The Client is entitled to a refund (via credit pursuant to article 9.9) of the amounts debited in the following circumstances:
• failure to generate the order;
• delivery of product different from the one ordered;
• lost or damaged shipment;
• inability of the Associate to deliver a service.
9.7 The Client must, within 3 business days, submit their complaint to Free Shop Cigars S.A. by email at firstname.lastname@example.org or by phone 0041 (0) 91 6467471. Free Shop Cigars S.A. will carry out the necessary checks and will provide the Client with a response within 15 business days.
9.8 In the event of partial use of the service, the refund will be proportioned to the service received by the Client.
9.9 Refunds are always directly credited to the credit card that made the purchase, or in the event of a bank transfer, to the bank account of the originator. Under no circumstances shall Free Shop Cigars S.A. make a bank transfer to an account held by a third party or to credit an amount to a credit card different from that used.
9.10 Free Shop Cigars S.A. will notify the Client of the acceptance and the estimated timing for the refund, and when such credit will be visible on the current account associated with the card used for the purchase. Below are the maximum time periods required to manage the refund process from the time the request is received by contacting Customer Care:
• 30 business days to carry out the necessary checks relating to the Clients’ request. Such timing to be considered as the maximum time required by Free Shop Cigars S.A.
• 5 business days for administration of the refund, if accepted. The 5 days are calculated from the date of acceptance of the refund. Such timing to be considered as the maximum time required by Free Shop Cigars S.A.
Furthermore, depending on the terms and conditions of the bank in question, banks usually require between 7 to 30 days to credit the amount.
9.11 Free Shop Cigars S.A. does not have authority to intervene in the credit process, which is at the sole discretion of the relevant bank.
9.12 In the event that different products to those ordered are delivered, the Client may return such product to FREE SHOP CIGARS S.A., via Angelo Maspoli 21 6850 Mendrisio, Switzerland. The costs for shipment will be borne by Free Shop Cigars S.A., which upon request will ship at its own expense a replacement product. This clause only applies to products that are returned to Free Shop Cigars S.A. in their original packaging and undamaged.
10. GARANZIA LEGALE DI CONFORMITÀ
GUARANTEE OF LEGAL COMPLIANCE
10.1 The guarantee shall be valid for two years, starting from the date the Product is delivered. The rights attached to the guarantee are limited to replacement deliveries. If a replacement delivery is not possible, you have the right to request a refund or alternatively to obtain a different product at a discounted price. Any additional or connected right to the guarantee are excluded, within the limits established by law. Damage to the product as a result of normal wear and tear, improper use, insufficient or inadequate maintenance of the product are excluded from the guarantee. Please carefully store the documentation confirming the start of the guarantee period (order summary, delivery note, etc.).
10.2 The guarantee referred to above does not apply to cigars or tobacco sold on the Portal.
10.3 We have done our best to reproduce on the Portal the colors of our products so that they are as similar as possible to the original. The quality of the images also depends on your computer screen; therefore, we cannot guarantee that all colors perfectly reflect the original colors. Any chromatic differences should not be considered as faults or defects. Obvious defects on delivery must be reported within 10 days. In respect of defects that subsequently come to light, the Client must immediately inform Free Shop Cigars S.A. via email at email@example.com or by phone no later than 10 days from the identification of the defect. If the claim is not made within the deadline provided Free Shop Cigars S.A. will assume that you are satisfied with the Product.
11.1 Free Shop Cigars S.A. does not accept any liability for the improper and incorrect use of the Products by the Client. Free Shop Cigars S.A. is not liable for the condition of the Products, due to improper storage after delivery. Please read the instructions for use contained on the packaging or contact Free Shop Cigars S.A. for any assistance regarding the storage of certain products.
11.2 The Client accepts all responsibility and expressly indemnifies Free Shop Cigars S.A. for any damages, whether direct or indirect, penalties (also pecuniary) or prejudicial consequences that might arise from the purchase of Products in violation of local regulations in your country, including for example, bans or import restrictions for certain types of product (e.g. cigars or tobacco in general). Liability for the purchase of Products on the Portal is at the sole risk of the Client.
11.3 Free Shop Cigars S.A. may not in any way be held liable for any additional costs, taxes or customs fees of any kind attributable to the Client in accordance with local regulations in force in the country of the Client.
12. INTELLECTUAL PROPERTY AND TRADEMARKS
All information contained in the Portal, all the trademarks featured in the Portal, all programs and/or technologies provided in relation to the Portal and, in general, all or part of the website www.cigarmust.ch (and its related sites), are reserved and protected. The reproduction of trademarks and logos used in the Portal is strictly prohibited. The Client further agrees not to copy, modify, translate, reproduce, disseminate, sell, publish, promote or spread in any way, in a different format, electronic or other type in all or in part the information (even partial) present on the website and the items purchased by it. The brand "CIGAR MUST" is the exclusive property of Free Shop Cigars S.A.
13. EFFECTIVENESS AND ACCEPTANCE OF TERMS OF SALE
The relationship between Free Shop Cigars S.A. and the Client is governed by the Conditions published on the Portal at the time of Clients’ purchase. The confirmation of the order by the Client constitutes the full and unconditional acceptance of the Conditions. To confirm the order, the Client must click the 'Confirm' button. Free Shop Cigars S.A. will send the Client an email notification confirming receipt to the email address supplied by the Client. Following which Free Shop Cigars S.A. will send a summary email to confirm the order. Contained in the email confirmation of the order the customer will also find a link to download and store a copy of these Conditions.
14. GOVERNING LAW AND JURISDICTION
14.1 These Conditions are governed and construed in accordance with Swiss law, subject to any contrary overriding mandatory rule of the country of habitual residence of the Client. As a result, the interpretation, execution and termination of the Conditions is subject exclusively to Swiss law and any disputes related and/or consequential to the same shall be resolved exclusively by the court of Switzerland. The applicable jurisdiction relating to any dispute in respect of this contract is exclusively the headquarters of Free Shop Cigars S.A.
15.1 In accordance with the commitment and care Free Shop Cigars S.A. dedicates to the protection of personal data, we inform you of the way, purpose and scope of communication and dissemination of your personal data and your rights. In order to offer the personalized services offered by our portal, Free Shop Cigars S.A. as data controller and as such utilizes certain personal data needed to provide the service.
15.2 Navigation data - Software procedures and computer systems used for the operation of this website during its ordinary operation acquire data, transmission of which is implicit in the use of Internet communication protocols.
This information is not collected with the aim to identify individuals, but by its very nature could, through processing and associations with data already held by the data controller or by third parties help to identify users.
This category of data includes: IP addresses or domain names of computers used by users connecting to the website, URI (Uniform Resource Identifier) of requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response from the server (successful, error, etc.) and other parameters regarding the operating system and computer environment.
The owner may use such data for the sole purpose of obtaining anonymous statistical information on the site in order to find your favorite pages by users in order to provide content that is more appropriate and to check its correct functioning. The data could be used to ascertain responsibility in case of hypothetical crimes against the site.
15.3 Cookies - Cookies are files that can be recorded on the hard drive of a computer. This allows easier navigation and enhanced use of the site. Cookies can be used to determine whether you have visited our website in the past. It only identifies the cookie stored on your computer. You can visit the site without cookies. Most browsers accept cookies automatically. You can avoid the automatic registration of cookies by selecting the "do not accept cookies" option from the proposed options. For more information on how to do this you can refer to your browser instructions. You can cancel at any time any cookies already stored on your hard drive. The choice not to accept browser cookies may limit the functions available on our website.
15.4 Personal Data - Personal information provided by the Client will be electronically recorded and stored. Such information will be protected and treated with the appropriate security measures. The Clients personal data will be processed by Free Shop Cigars S.A. only using methods and procedures necessary to provide the Client with the requested services. The data will not be disseminated but may be disclosed where necessary to provide the service, to third party companies that perform on our behalf tasks of a technical or organizational nature, which are instrumental to the provision of the services, required. Only with the express consent of the Client can such data be used to perform statistical analysis, market surveys and to send commercial information and information on promotional initiatives Free Shop Cigars S.A. The Client may, at any time, re-read the information and modify any consents previously granted, verify and/or change the status of any active services and request additional services. The provision of data is optional, except for those listed as mandatory to allow access to the services offered.
15.5 The Client has the right to know, at any time, what data has been collected and how it has been used. It also has the right to update, supplement, correct or delete, request that the information is blocked and object to its treatment. In accordance with legislation currently in force, for purposes other than the management of orders and related services, which do not require consent, we ask that you grant consent for the processing of your data.
Free Shop Cigars S.A. may supplement or amend these Conditions at any time. Therefore, it will ask the Client to accept the Conditions in force at the time of the purchase. The new Conditions will be effective from the date of publication on www.cigarmust.ch and in relation to purchase orders submitted after that date.
For requests for information, the Client may contact Free Shop Cigars S.A. Customer Services by email firstname.lastname@example.org or telephone 0041 (0)91 6467471.