Ambassador Fine Cigars (“Ambassador”) owns and operate this Site. This document governs your relationship with ambassadorcigars.com (“Site”). Access to and use of this Site and the products and services available through this Site (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms & Conditions”). By using the Services, you are agreeing to all of the Terms & Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms & Conditions.
Access to this Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Site.
Terms of Sale
By placing an order you are offering to purchase a product from Ambassador Fine Cigars and that order is subject to the following terms of sale. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Ambassador you must be over 21 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Ambassador retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party that you have contracted with. This will usually be Ambassador or may in some cases be a third party. Where a contract is made with a third party, Ambassador is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale that they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods that you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices that appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods that you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(d) Sales Tax Remittance
Ambassador collects sales tax on a per-customer basis. To ensure tax is being levied properly depending on where you are located, Ambassador uses a third party company to automate tax calculation during checkout. The third-party company also ensures Ambassador assesses the latest accurate tax rates.
Regarding customers in CO, LA, WA, VT, PA, and RI: certain states such as these require Ambassador to notify you that such sales are subject to sales or use tax, even when purchased via the internet. These states also require anyone making a purchase for shipment into the state to file a sales or use tax return at the end of the year reporting all taxable purchases that were not taxed, and to pay taxes on those purchases.
(e) Age Verification
Ambassador is committed to selling tobacco products only to customers that are 21 years of age or older, or the minimum age in your local jurisdiction, whichever is higher. This is in compliance with all Federal, State, and Local laws.
Ambassador uses a third party Age Verification Service to verify that you are who you say you are and to assure that you are of minimum age (21) to purchase tobacco products. Per the FDA’s minimum age requirement for tobacco purchase, customer age will be verified to confirm the name, date of birth, and address exactly as they appear on your government issued ID.
The Age Verification Service uses many trusted public data records and sources to return an age validation based on the personal information that you submit. This service is specifically designed to validate and protect your identity while maintaining the highest level of consumer privacy when processing online transactions. Ambassador uses secure 256-bit encryption technology to ensure the safe delivery of the information you provide online. Neither Ambassador, nor the Age Verification Service, stores your sensitive personal information, shares, or sells any data with other third parties.
While nearly all customers that are over 21 should be able to be age verified automatically or within a short period of time, a small percentage of customers may not be verifiable due to limited availability of publicly available information contained within the Age Verification Service databases. If this happens, Ambassador will attempt to contact you via phone, mail, or email to verify your age. To do this, Ambassador typically requires a copy of your current driver’s license or some other form of government issued ID that verifies your date of birth. Once Ambassador receives your information and confirms verifiability, your order will be shipped.
Ambassador utilizes the United States Postal Service (USPS) exclusively for the shipping of cigars purchased via its website. Per USPS regulations, there are no USPS restrictions on, nor carrier contracts required, for the domestic shipment of cigars. Ambassador does not ship outside of the United States or its territories, except for APO/FPO addresses. Regarding customers in MD and WA: restrictions on the shipment of little cigars are irrelevant, as Ambassador does not sell these tobacco products on its website. Ambassador exclusively engages in the shipping of premium cigars, as defined in the Food and Drug Administration’s Final Rule Deeming Tobacco Products dated August 8, 2016. Ambassador does not engage in the shipping of cigarettes, little cigars, pipe tobacco, snuff, chewing tobacco, e-cigarettes, e-hookah, e-cigars, vape pens, advanced refillable personal vaporizers, or electronic pipes.
You must not misuse this Site. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb, or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site. Breaching this provision would constitute a criminal offense and Ambassador will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any Site linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Site remains the property of Ambassador or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Ambassador and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.
Disclaimer of Liability
The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Ambassador and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Ambassador’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Site that is not owned by you. This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Site are in no way associated, linked or affiliated with Ambassador and you should not rely on the existence of such a connection or affiliation. The respective trademark owners own any trademarks/names featured on this Site. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Ambassador.
You agree to indemnify, defend and hold harmless Ambassador, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Site or your breach of the Terms & Conditions.
Ambassador shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Site.
If any part of the Terms & Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms & Conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms & Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Ambassador. Any waiver of any provision of the Terms & Conditions will be effective only if in writing and signed by a director of Ambassador.