Terms of service

OVERVIEW
This website is operated by Padilla Cigars. Throughout the site, the terms “we”, “us” and “our” refer to Padilla Cigars. Padilla Cigars offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Padilla Cigars, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Padilla Cigars and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at ernesto@padillacigars.com.
Our contact information is posted below:
Padilla cigars
ernesto@padillacigars.com
786-9162100

General

Welcome to padillacigars.com / padillacigarcompany.com that is operated under and exclusive license given to Lion Cigars LLC, by Padilla Cigars Company a Florida corporation. All images and trademarks on this website are the exclusive property of Padilla Cigars Company. Before you use the padillacigars.com / padillacigarcompany.com Web Site (the "Site"), please read the following basic terms that govern your use of the Site. By using the Site, you agree to follow and be bound by these terms (the "Agreement").

We may from time to time change the rules that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, the Site from time to time including, but not limited to, content and equipment and/or software needed for access or use.

Copyrights, Trademarks And Intellectual Property

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and other written materials that are part of the Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by padillacigars.com / padillacigarcompany.com. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by padillacigars.com / padillacigarcompany.com.

All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited.

The materials on the Site, and the Site as a whole, are intended solely for personal, noncommercial use. You may download or copy the downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the Site, the Site as a whole, or any related software without the prior written permission of padillacigars.com / padillacigarcompany.com. Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written permission of padillacigars.com / padillacigarcompany.com.

User Comments, Feedback And Other Submissions

All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to padillacigars.com / padillacigarcompany.com or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain padillacigars.com padillacigarcompany.com property. Such disclosure, submission or offer shall constitute an assignment to padillacigars.com / padillacigarcompany.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other submissions.

Duties, Taxes And Licenses

All duties, taxes and licenses incurred while shopping at padillacigars.com / padillacigarcompany.com are the sole responsibility of the customer. Padillacigars.com / padillacigarcompany.com cannot be held responsible (nor vouch) for any orders with pending taxes, duties or licenses.

Surgeon General Warning

Cigar smoking is not a safe alternative to cigarettes. Cigar smoking can cause lung cancer and heart disease. Cigar smoking can cause cancers of the mouth and throat, even if you do not inhale. Cigar smoking increases the risk of infertility, stillbirth and low birth weight. Cigars contain and produce chemicals known to The State of California to cause cancer, birth defects and other reproductive harm.

Minor Compliance

padillacigars.com / padillacigarcompany.com will not sell products to anyone under the age of 21, nor will it sell cigarettes. Padillacigars.com / padillacigarcompany.com cannot be held responsible for minors purchasing products with a guardian credit card. By using the Site, you agree that you are at least 21 years of age.

Ancillary Computer Equipment And Services

You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Site.

Legal Compliance

You shall use padillacigars.com / padillacigarcompany.com for lawful purposes only. You shall not transmit through padillacigars.com / padillacigarcompany.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to padillacigars.com / padillacigarcompany.com for any breach of this provision or any other provision of this Agreement.

Warranty / Disclaimer Of Liability

YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT CIGAR.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of padillacigars.com / padillacigarcompany.com. We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site.

Indemnification

You agree to indemnify, defend and hold harmless padillacigars.com / padillacigarcompany.com Parties against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing padillacigars.com / padillacigarcompany.com under your account.

Governing Law

The Site is created and controlled by padillacigars.com / padillacigarcompany.com, Inc. in the State of Florida. The laws of the State of Florida will govern all terms, conditions and disclaimers on the Site, including this Agreement, without giving effect to any principles of conflicts of laws.

International shipments: we do not ship internationally outside of the US, US Territories, and APOs/FPOs at this time.

Hawaii, South Dakota and Utah: due to state regulations we cannot ship any tobacco product into these states.

Hawaii regulation: "We cannot ship Tobacco Products to Hawaii."

Utah regulation states: "It is Illegal to Buy Cigarettes/Tobacco Products by Internet, Phone, or Mail-Order. The sale and/or purchase of cigarette/tobacco products via the internet, phone, or by mail-order is prohibited, except to licensed persons. Distributors or wholesalers who sell cigarette or tobacco products into Utah must ascertain whether or not a person ordering the cigarette/tobacco products is licensed in the state." For more information: https://tax.utah.gov/tobacco/internet

South Dakota regulation states: "The shipment or transport of cigarettes or tobacco products to consumers in South Dakota is ILLEGAL under South Dakota law." For more information: https://dor.sd.gov/Taxes/Special_Taxes/Tobacco/General_Information.aspx

Please note:

Cut or smoked cigars will not be accepted as returned product.
Our team may ask for a photo of the product in question.
Product photographs can be representative, as colors and finishes shown in some cases may not be exact – actual product may be slightly darker, slightly lighter, etc
Some items will indicate FINAL SALE in which case it is ineligible for return (this is usually the case for Scratch & Dent sales, certain liquidation sales, or other unique circumstances).
For samplers, returns must be in new, unopened condition to receive full credit. This includes having cigars in their cellophane wrappers. Returns will be prorated & returned, customer will be responsible for return shipping costs.

Your satisfaction is our highest priority. Should you ever have a problem or question,

. MINIMUM AGE REQUIREMENT

Padilla Cigars Company (Padillacigars.com) is intended for use by persons who are at least 21 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 21. By using Padillacigars.com , you represent and warrant you are at least 21 years old. In compliance with FDA cigar regulations, we are required to Age Verify, use a non-affiliated third party company.

. PRIVACY POLICY

Please read . We reserve the right to contact you in connection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any Content or activities relating to BSP. You acknowledge that Padilla Cigars Company, may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of

International shipments: we do not ship internationally outside of the US, US Territories, and APOs/FPOs at this time.

Hawaii, South Dakota and Utah: due to state regulations we cannot ship any tobacco product into these states.

Hawaii regulation: "We cannot ship Tobacco Products to Hawaii."

Please note:

Cut or smoked cigars will not be accepted as returned product.
Our team may ask for a photo of the product in question.
Product photographs can be representative, as colors and finishes shown in some cases may not be exact – actual product may be slightly darker, slightly lighter, etc
Some items will indicate FINAL SALE in which case it is ineligible for return (this is usually the case for Scratch & Dent sales, certain liquidation sales, or other unique circumstances).
For samplers, returns must be in new, unopened condition to receive full credit. This includes having cigars in their cellophane wrappers. Returns will be prorated & returned, customer will be responsible for return shipping costs.

Your satisfaction is our highest priority. Should you ever have a problem or question,

. MINIMUM AGE REQUIREMENT

. PRIVACY POLICY

PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS

We are human and therefore make occasional mistakes. Therefore we do not warrant that product specifications, pricing, or other content on Padilla Cigars Company ( Padillacigars.com) is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, Padilla Cigars Company shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.

. SELLER; RISK OF LOSS

All items purchased from Padilla Cigars Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

. ELECTRONIC COMMUNICATIONS AND NOTICES

You agree to electronic communication for all of your transactions and communication with Padilla Cigars Company. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Except as otherwise provided in these Terms, we will give you any notices by posting them on Padilla Cigars Company, and you agree that such posting will constitute effective notice. You authorize Padilla Cigars Company to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if Padilla Cigars Company decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by Padilla Cigars Company to the address that you have most recently provided will constitute effective notice.

INDEMNIFICATION

As a condition of your access to and use of Padilla Cigars Company ( Padillacigars.com), you agree to hold Padilla Cigars Company (Padillacigars.com), and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of Padilla Cigars Company ( Padillacigars.com) and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of Padilla Cigars Company ( Padillacigars.com); (iv) Padilla Cigars Company ( Padillacigars.com) resolution (if any) of any dispute you have or claim to have with one or more users of Padilla Cigars Company ( Padillacigars.com); (v) your improper authorization for Padilla Cigars Company ( Padillacigars.com) to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Padilla Cigars Company ( Padillacigars.com) disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) Padilla Cigars Company ( Padillacigars.com) will have the right but not the obligation to resolve disputes between users relating to Padilla Cigars Company ( Padillacigars.com) and Padilla Cigars Company ( Padillacigars.com) resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) Padilla Cigars Company ( Padillacigars.com) resolution of a dispute will be final with respect to Padilla Cigars Company ( Padillacigars.com).

, you agree to hold Padilla Cigars Company ( Padillacigars.com), and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of Padilla Cigars Company ( Padillacigars.com) and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of Padilla Cigars Company ( Padillacigars.com); (iv) Padilla Cigars Company ( Padillacigars.com) resolution (if any) of any dispute you have or claim to have with one or more users of Padilla Cigars Company ( Padillacigars.com); (v) your improper authorization for Padilla Cigars Company ( Padillacigars.com) to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Padilla Cigars Company ( Padillacigars.com) disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) Padilla Cigars Company ( Padillacigars.com) will have the right but not the obligation to resolve disputes between users relating to Padilla Cigars Company ( Padillacigars.com) and Padilla Cigars Company ( Padillacigars.com) resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) Padilla Cigars Company ( Padillacigars.com) resolution of a dispute will be final with respect to Padilla Cigars Company ( Padillacigars.com).

, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of Padilla Cigars Company ( Padillacigars.com) and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of Padilla Cigars Company ( Padillacigars.com); (iv) Padilla Cigars Company ( Padillacigars.com) resolution (if any) of any dispute you have or claim to have with one or more users of Padilla Cigars Company ( Padillacigars.com); (v) your improper authorization for Padilla Cigars Company ( Padillacigars.com) to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Padilla Cigars Company ( Padillacigars.com) disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) Padilla Cigars Company ( Padillacigars.com) will have the right but not the obligation to resolve disputes between users relating to Padilla Cigars Company ( Padillacigars.com) and Padilla Cigars Company ( Padillacigars.com) resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) Padilla Cigars Company ( Padillacigars.com) resolution of a dispute will be final with respect to Padilla Cigars Company ( Padillacigars.com).

PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS

. SELLER; RISK OF LOSS

All items purchased from Padilla Cigars Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

. ELECTRONIC COMMUNICATIONS AND NOTICES

Except as otherwise provided in these Terms, we will give you any notices by posting them on Padilla Cigars Company, and you agree that such posting will constitute effective notice. You authorize Padilla Cigars Company to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if Padilla Cigars Company decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by BSP to the address that you have most recently provided will constitute effective notice.

INDEMNIFICATION

you agree to hold Padilla Cigars Company ( Padillacigars.com), and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of Padilla Cigars Company ( Padillacigars.com) and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of Padilla Cigars Company ( Padillacigars.com); (iv) Padilla Cigars Company ( Padillacigars.com)resolution (if any) of any dispute you have or claim to have with one or more users of Padilla Cigars Company ( Padillacigars.com); (v) your improper authorization for Padilla Cigars Company ( Padillacigars.com) to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Padilla Cigars Company ( Padillacigars.com) disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) Padilla Cigars Company ( Padillacigars.com) will have the right but not the obligation to resolve disputes between users relating to Padilla Cigars Company ( Padillacigars.com) and Padilla Cigars Company ( Padillacigars.com) resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) Padilla Cigars Company ( Padillacigars.com) resolution of a dispute will be final with respect to Padilla Cigars Company ( Padillacigars.com).