Assumption of Shipping Liability

While we do our best to ensure that your product reaches your door as quickly and as trouble-free as possible, we simply cannot guarantee that the shipping carrier (for example, UPS or FedEx) you select will not damage or lose your product, or that once delivered, your product will not be stolen or damaged. Once your product is delivered to the address you have provided, you assume all responsibility for its safety and hereby explicitly release ForeSight, LLC (DBA CigarsCity.com) from all liability and responsibility thereafter.

In the event that any of the above statements under the “Customer Affidavit” section of these Terms and Conditions of Sale are determined to be untrue, I will release, hold harmless, indemnify, and pay to defend ForeSight, LLC (DBA CigarsCity.com) and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution.

Release of Liability and Agreement to Indemnify and Defend

While ForeSight, LLC (DBA CigarsCity.com) strives to offer high quality products and excellent customer service, it is merely a retailer of products that are designed, manufactured, and tested by other companies. Therefore, I understand and acknowledge that ForeSight, LLC shall not be liable for any claims and/or damages, or for the breach of any warranty, express or implied, whether of merchantability or fitness for any purpose or otherwise, whatsoever.

Furthermore, I understand and acknowledge that ForeSight, LLC expressly disclaims any and all liability for the accuracy of information provided to me, and for how I use information provided to me, by ForeSight, LLC, and I understand and acknowledge that ForeSight, LLC cannot be held liable for how I or anyone else uses any information I receive from ForeSight, LLC.  Therefore, I explicitly agree to release, hold harmless, indemnify, and pay to defend ForeSight, LLC and its owners, agents, officers, and employees against any resulting damages and/or civil liability or criminal prosecution arising from or related to my use of information provided by ForeSight, LLC.

By placing an order with ForeSight, LLC (DBA CigarsCity.com), I understand and acknowledge that I alone am responsible for how the product I purchased from ForeSight, LLC (DBA CigarsCity.com) is used by me and by any other party.  I explicitly agree to release, hold harmless, indemnify, and pay to defend ForeSight, LLC (DBA CigarsCity.com) and its owners, agents, officers, and employees against any resulting damages and/or civil liability or criminal prosecution arising from or related to the products I have purchased, to include but not limited to the use of the product, the storage of the product, and the transportation of the product. In the event that any other party files a claim of any kind against ForeSight, LLC (DBA CigarsCity.com), I will indemnify and pay to defend ForeSight, LLC (DBA CigarsCity.com) and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution.

Jurisdiction

In the event that I choose to file a complaint against ForeSight, LLC (DBA CigarsCity.com) or any of its owners, agents, officers, or employees, I agree that such a complaint must be filed within a court located in Knox County, Tennessee. I agree that any complaints filed within any other jurisdiction shall be immediately removed to a court within Knox County, Tennessee and I agree to reimburse ForeSight, LLC (DBA CigarsCity.com) and its owners, agents, officers, and employees for any costs they may each incur in defending against the complaint or effecting its removal until such time that the complaint is properly filed within a court located in Knox County, Tennessee.

Governing Law

I understand and acknowledge that Tennessee law will govern exclusively: my purchase and use of any products from CigarsCity.com; any information I receive from CigarsCity.com; any legal action instituted against me by ForeSight, LLC (DBA CigarsCity.com); and any legal action that I institute, or that someone else institutes as a result of my actions, against ForeSight, LLC (DBA CigarsCity.com).

Shipping Destination Restrictions

I understand that CigarsCity.com does not ship outside the United States or any other area within the United States where CigarsCity.com is prohibited by federal, state, or local law to ship product. I also understand that if I attempt to have product shipped to these restricted areas, my order will be cancelled and I will be subject to paying a cancellation fee as described below.

Order Cancellation by Customers

Due to the automatization of our order system, orders may not be cancelled by our customers once submitted.

Order Cancellation by CigarsCity.com

ForeSight, LLC (DBA CigarsCity.com) reserves the option to cancel any orders where the purchaser has not abided by these Terms and Conditions. In the event that CigarsCity.com chooses to cancel your order, you will receive a refund of the full amount of the purchase less a $30.00 cancellation fee or 5% of the total purchase amount, whichever is greater. This fee is levied because our office incurs various costs ranging from credit card processing fees to chargeback fees when orders are cancelled. It is your responsibility to make sure that you fully understand and comply with these Terms and Conditions.

Returns

Due to the unique nature of the product we sell we only accept returns for  damaged or defective product.  Product must be returned within 14 days of your order date.  There will be no refund issued  for any returns that are received at our warehouse without a prior Approved Return Request on file or for any returns that are received at our warehouse with a prior Declined Return Request on file.  In this scenario, if you would like to keep the unauthorized return received at our warehouse, we are happy to collect additional payment from you to cover the costs to ship the product back to you.

If you feel like you should be able to return your product for a reason other than it being damaged or defective product, you are welcome to fill out a Return Request Form and your Return Request will be considered.  Please email us at customerservice@CigarsCity.com to make a return request; someone on our staff will respond promptly.  If your return is approved, we will reply back to your email with the options available for processing your return.  

NOTE: If product in your possession was received damaged, damage must be noted in your Return Request Form and pictures must be supplied documenting the damage. If your Return Request is approved, you are responsible for properly packing and securing your return order to protect it from damage  incurred in transit back to our warehouse. All returned product is examined upon arrival and check-in at our warehouse and only product in New/Sellable condition will receive a full credit (unless the damage occurred in transit to your location and you properly notified and  documented the damage in your initial Return Request Form). If for any reason you decide you want the product back after it has been received at our warehouse, we are happy to collect additional payment from you to cover the costs to ship the product back to you.

E-mail List

In an effort to stay in communication with CigarsCity.com customers and to inform those customers of specials, our office retains a list of each customer's name and e-mail address. By placing an order on CigarsCity.com, I explicitly authorize ForeSight, LLC (DBA CigarsCity.com) to send me follow-up e-mails relating to my purchase and e-mails containing information regarding other products or services that are available. To be clear, by placing an order on CigarsCity.com, I am choosing to also add my name and e-mail address to the e-mail list maintained by ForeSight, LLC (DBA CigarsCity.com). I understand that my information will be retained and used in accordance with CigarsCity.com's Privacy Policy and that I may at anytime choose to unsubscribe from any future e-mails that result from my being added to the said e-mail list.