Terms of service
FIVE ALARM CIGARS LLC
TERMS AND CONDITIONS
Effective Date: December 16, 2024
1. Introduction
These Terms and Conditions ("Terms") govern the use of Five Alarm Cigars LLC’s website, products, and services. Five Alarm Cigars LLC is a legally registered business in the State of Texas and, after this introduction, may be referred to as "Five Alarm Cigars," "we," "us," or "our." By accessing or using FiveAlarmCigars.com, you agree to be bound by these Terms. If you do not agree, you should discontinue use of the website immediately.
2. Legal Compliance and Age Restrictions
All customers must be 21 years of age or older to purchase tobacco products. By using this website, you certify that you meet the legal smoking age in your jurisdiction. We reserve the right to verify your age and cancel orders that do not meet legal requirements. Customers are responsible for complying with all applicable federal, state, and local laws regarding tobacco purchases and possession.
3. Account Registration and Security
You may be required to create an account to access certain features of the website. You agree to provide accurate, current, and complete information and to keep your login credentials secure. Five Alarm Cigars is not responsible for unauthorized access to accounts due to customer negligence.
4. Orders, Payments, and Pricing
All orders placed on the website are subject to acceptance and availability. Prices may change without notice, and Five Alarm Cigars is not responsible for typographical errors or pricing inaccuracies. Payment must be completed at the time of purchase using the available payment methods at checkout. All transactions are processed securely through third-party services.
5. Shipping and Delivery
Orders are shipped to the address provided at checkout. Five Alarm Cigars is not responsible for incorrect addresses entered by customers. Delivery times are estimates, and we are not liable for shipping delays beyond our control. Some jurisdictions impose restrictions on tobacco shipments, and we reserve the right to refuse shipment where prohibited by law. Full shipping terms are available in our Shipping Policy at FiveAlarmCigars.com/shipping.
6. Returns and Refunds
Customers may return unopened and unconsumed products within fourteen days of receipt, provided they are in original, sealed packaging. Refunds will be issued to the original payment method within seven business days. Damaged or incorrect items must be reported within seven business days of delivery with photographic evidence. Additional details are outlined in our Refund and Return Policy at FiveAlarmCigars.com/returns.
7. Prohibited Conduct
By using the website, you agree not to:
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Use the website for any illegal purpose or in violation of applicable laws.
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Attempt to gain unauthorized access to the website, customer accounts, or company data.
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Engage in fraudulent transactions, identity theft, or unauthorized resale of our products.
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Disrupt the security or functionality of the website through hacking, malware, or other means.
8. Intellectual Property Rights
All content on the website, including images, text, logos, and trademarks, is the property of Five Alarm Cigars or its licensors and is protected under copyright and trademark laws. Unauthorized use, reproduction, or distribution is strictly prohibited.
9. Third-Party Links and Services
The website may contain links to third-party websites or services. We are not responsible for the privacy practices, content, or policies of external sites. Accessing third-party websites is at your own risk.
10. Disclaimer of Warranties
The website and all products are provided "as is" and "as available" without warranties of any kind, express or implied. We do not guarantee that the website will be error-free, secure, or uninterrupted. We disclaim all warranties related to merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of Liability
Five Alarm Cigars and its affiliates, directors, employees, or agents shall not be liable for any indirect, incidental, special, or consequential damages arising from:
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Your use or inability to use the website or services.
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Delayed, lost, or incorrect product shipments.
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Unauthorized access to your personal information.
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Any errors, omissions, or inaccuracies on the website.
In jurisdictions where limitations of liability are restricted, our total liability shall not exceed the amount paid for the applicable product or service.
12. Indemnification
You agree to indemnify, defend, and hold harmless Five Alarm Cigars, its affiliates, officers, and employees from any claims, liabilities, damages, or legal expenses arising from your violation of these Terms or misuse of our products.
13. Dispute Resolution
These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in Dallas, Texas, in accordance with the American Arbitration Association (AAA) rules. You waive the right to participate in a class-action lawsuit.
14. Changes to These Terms
We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting on the website. Your continued use of the website constitutes acceptance of the updated Terms. It is your responsibility to review these Terms periodically for any updates.
15. Contact Information
For any questions or concerns about these Terms, please contact us at:
Five Alarm Cigars LLC
Legal Correspondence: 539 W Commerce St, #4300, Dallas, Texas 75208
Physical Address: 1401 Greengrass Dr #O42, Houston, Texas 77008
Email: hello@FiveAlarmCigars.com
Phone: 346-202-4710
Additional contact methods are available at FiveAlarmCigars.com/contact.