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TERMS AND CONDITIONS

 

These Terms and Conditions apply to place an Order (defined below) or making a Purchase (defined below).

Our Privacy Policy forms part of these Terms and Conditions.
If you do not agree to be bound by these Terms and Conditions and Privacy Policy, you may not place an order or make a purchase.

 

  1. DEFINITIONS
    In these Terms and Conditions, the following words shall have the following meaning:​​

    • “Confirmatory Email” means the email sent to you to confirm acceptance of your Order as defined in Clause 4.1.4;

    • “Contract” means the contract between you and us formed as set out in Clauses 4 (Purchase of Goods/Services on Website), Clause 5 (Purchase of Goods/Services by telephone) (as applicable);

    • “Goods” means goods including but not limited to, cigars, cigar sample packs, cigarillos, pipes, humidors, humidifiers, cases, cigar cutters, lighters, ashtrays, books, and associated items and general merchandise made available for sale by Us;

    • “Order” means a request by you to make a Purchase either by submitting the order via the Website or by submitting an order by telephone ;

    • “Personal Information” means information about you or a third party provided by You when submitting an Order or when using the Website;

    • “Price” has the meaning in Clause 7;

    • “Purchase” means the acceptance of an Order for the purchase of Services and/or Goods by Us, either via the Website or by telephone;

    • “Special Offer” means an offer or promotion advertised by Us;

    • “Terms and Conditions” means the terms and conditions of sale set out in this document together with the Privacy Policy;

    • “We”, “Us” or “Our” means The Big Smoke Cigar Company, and having its registered office at 1A-17 25 Highway 27, Schomberg, ON, Canda L0G1T0;

    • “Website” means the websites located at www.thebigsmoke.ca or any subsequent URL which may replace them.

  2. ACCESS
    You are provided with access to the Website in accordance with our Terms of Use.

  3. GENERAL CONDITIONS OF MAKING A PURCHASE

    1. These Terms and Conditions shall apply to all Orders and Purchases.

    2. We will not file a copy of these Terms and Conditions specifically in relation to your purchase. We may update the version of these Terms and Conditions on the Website from time to time, and We do not guarantee that the version you have agreed to will remain accessible. We, therefore, recommend that you download, print and retain a copy of these Terms and Conditions for your records.

    3. The only language in which We provide these Terms and Conditions is English.

  4. MAKING A PURCHASE OF GOODS OR SERVICES ON OUR WEBSITE

    1. To make a purchase on our Website, you need to take the following steps;

      1. Click on the Goods you wish to Purchase;

      2. input the quantity of the Goods selected that you wish to purchase, then click “Add to Cart”;

      3. once you have finished shopping, click “checkout”, review your order, make changes to your Order (if necessary), complete the delivery and payment details, indicate your agreement to these Terms and Conditions, then click on “Place Order”;

      4. you will then be transferred to Our secure third party payment gateway (Elavon) to process your payment details. Charges will be posted to your credit card as “United Trading”. We will then send you an initial acknowledgment by email to confirm that your order is being processed and once We have checked whether We are able to meet your Order and whether payment has been successful or alternatively, We will confirm by email that We are unable to meet your Order. Where We are unable to accept your Order due to the requested Goods being out of stock or unavailable, We will aim to advise you when We expect the requested Goods or Services to be in stock/available and you will be given the opportunity to proceed with the Order. If you want to proceed with the Order notwithstanding that there will be a delay in delivery of the Goods or Services due to them being out of stock or unavailable, We will send a Confirmatory Email at which point your Order will become a Purchase and shall conclude the Contract between you and Us;

      5. Once We are able to meet your Order and payment has been successful, we will deliver the Goods/Services in accordance with Clause 11.

  5. MAKING A PURCHASE BY TELEPHONE

    1. To submit an Order and make a Purchase by telephone please call 1.877.526.2376 or 613.396.1654. You will be asked what you would like to Purchase and to provide your name, address, email address and payment details. Telephone lines are open from 10:00 AM - 6:00 PM Tuesday - Friday or Saturday - 10:00 AM - 5:00 PM (Eastern Standard Time) however these opening times may be varied from time to time at Our discretion.

    2. We will then check your Order including whether payment for the Order has been successful and whether We have the requested Goods in stock or whether the requested Services are available. We will then orally confirm acceptance of your Order at which point your Order will become a Purchase and shall conclude the Contract between you and Us or alternatively, We will confirm that We are unable to meet your Order. Where We are unable to meet your Order due to the requested Goods being out of stock or the Services being unavailable, We will aim to advise you when We expect the requested Goods to be in stock or Services to become available and you will be given the opportunity to proceed with your order. If you want to proceed with the Order notwithstanding that there will be a delay in delivery of the Goods/Services due to being out of stock/unavailable, We will orally confirm acceptance of your Order, at which point your Order will become a Purchase and shall conclude the Contract between you and Us.

    3. Where a Contract has been concluded between you and Us in accordance with Clause 5.2, We will send you a Confirmatory Email (where possible) and shall thereafter deliver the Purchase in accordance with Clause 12. If We do not have your email address, We will include written confirmation of your Purchase (“Confirmatory Letter”) when delivering the Purchase in accordance with Clause 11.

    4. We record all incoming and outgoing calls from the telephone numbers located at Clause 5.1 for regulatory compliance purposes. We also record the calls so that we have a record of your Order and Purchase. We will retain these recordings for no longer than is necessary and in accordance with our Privacy Policy.

  6. AGE OF CONSENT

    1. Where Goods may only be purchased by persons of a certain age you will be asked when placing an Order to declare that you are of the appropriate legal age to purchase the Goods or Services. By submitting an Order, you are confirming to Us that you are of an appropriate legal age to purchase the Goods requested. The Legal age for the purchase of tobacco products in Canada and the United States of America is 18 or 19 years of age depending on your area of residence. Goods will under no circumstances be sold/shipped to persons under 18 years of age.

    2. If We discover or are of the opinion (as to which We shall have sole discretion) that you are not legally entitled to order certain Goods, We shall be entitled to cancel the Order immediately, without notice.

  7. PRICE AND PAYMENT

    1. The price of the Goods and Services shall be that stipulated on the Website or as otherwise advised by Us to you via an advertisement or when making a Purchase by telephone or post. The price is inclusive of VAT and, with regard to Subscriptions, delivery charges also (“Price”). The Website contains a large number of Goods and Services and it is always possible that some of the Prices on the Website and/or on Our advertisements may be incorrect. We will verify prices as part of our sale procedures so that the correct Price will be stated when you pay for the Goods and/or Services. We shall also confirm the Price to you when you are submitting your Order using the telephone.

    2. When making a Purchase of Goods or Services you may have to pay a delivery charge in addition to the Price. We will inform you of this during the ordering process and before the Contract between you and Us is concluded.

    3. You will have different payment options available to you when purchasing Goods and these will be brought to your attention during the ordering process and before the Contract between you and Us is concluded.

    4. When making a purchase via our Website or by telephone, payment must be made in Canadian Dollars (CAD) by credit card. All card transactions are processed through a secure payment gateway. All credit card purchases are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorize payment to Us for a particular Purchase, We will not accept your Order.

    5. Please note that any payments by credit card will appear on your statement as United Trading.

  8. PRIVACY
    Our Privacy Policy forms part of these Terms and Conditions and details how we will deal with your Personal Information including payment information.

  9. OUR RIGHTS

    1. We reserve the right to withdraw any Goods or Services from the Website at any time.

    2. We shall not be liable to anyone for withdrawing any Goods or Services from the Website or for refusing to accept an Order.

    3. We have a right to revise and amend these Terms and Conditions (including Price) without notice, however, any changes will not affect Contracts which have already been concluded in accordance with Clauses 4, 5, 6 or 7.

  10. WARRANTY

    1. We cannot describe every detail of the Goods or Services on the Website and each description is therefore abbreviated and is correct at the time of its input.

    2. We expressly exclude warranties, conditions, or terms whether implied by Statute, common law or otherwise to the fullest extent permitted by law. Any recommendation or suggestion relating to any of the Goods or Services made by us is given in good faith, but it is for You to satisfy yourself as to the suitability of the Goods for Your purposes.

    3. You warrant and undertake to Us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms and Conditions; (b) the information provided in your Order is accurate and complete, and (c) you will be able to accept delivery of the Goods and Services.

  11. DELIVERY

    1. Unless We agree otherwise with you, Goods supplied within or outside Canada will be delivered within 7 days of the conclusion of the Contract.

    2. We shall use our reasonable endeavors to meet any date agreed for delivery. Notwithstanding the foregoing, We shall not be liable for any losses, costs, damages or expenses incurred by You or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

    3. Delivery of the Goods or Services (if appropriate) shall be made to the delivery address specified in the Order and You shall make all arrangements necessary to take delivery of the Goods or Services whenever they are tendered for delivery.

    4. Delivery of Goods will require a signature at the time of delivery, by an authorized recipient who is of legal age to purchase tobacco and related products, according to local laws.

    5. Expedited orders will typically take 2 to 4 business days, while regular shipping can take 4 to 7 business days to arrive, within North America. Often, a package will arrive sooner than our estimated times.

    6. Our $25 flat rate shipping charge applies to North America only. If ordering outside of North America you will be contacted about additional shipping charges before your order is shipped.

  12. TITLE AND RISK

    1. The Goods will be at your risk from the time of delivery. Ownership of the Goods will only pass to you upon the later of (a) delivery of the Goods, and (b) receipt by Us of full payment of all sums due in respect of the Goods (including delivery charges).

    2. We will be entitled to recover payment for the Goods where the Goods have been delivered to you even where ownership has not passed to you.

  13. CANCELLATION AND RETURNS

    1. You may cancel a Contract for Goods, without cause, and receive a full refund of the Price and any delivery charge paid by you in accordance with Clause 7.2, provided You notify Us in writing, fax, or email of said cancellation within one business day from the day you order the Goods. In the case where Goods have been delivered to a third party on your behalf, the cancellation period shall apply from the day after the day the third party receives the Goods. All cancellation notices should be directed to the contact details set out in Clause 21.

    2. In the event that you serve a valid notice of cancellation in accordance with Clauses 13.1. We shall provide you with a full refund of the Price plus delivery charges (if appropriate) within 30 days of receipt of notification. It is your responsibility to return any Goods including any free gifts to us within 5 business days of cancellation. Returned goods must clearly show the order number obtained from Us on the package and sent to the address noted below in Clause 21. You will be responsible for the costs in returning the Goods to Us and should you fail to return the Goods to Us within the time frame We are entitled to deduct an amount not exceeding the direct costs of recovering the Goods from You from the money we are obliged to refund you unless you are returning the goods because they are defective or in any other circumstances you are entitled to reject the Goods under law. On cancellation, the Goods shall remain at your risk until returned to Us and you are required to take reasonable care of the Goods until that time. Where returned Goods are found to be damaged due to your acts or omissions, you will be liable for the cost of remedying such damage or the replacement cost of the relevant Goods.

  14. LIMITATION OF LIABILITY

    1. We shall not be liable to you for any indirect or consequential losses whatsoever or howsoever arising.

    2. Subject to Clause 17, our entire and aggregate liability to you shall in no circumstances exceed the Price of the Purchase giving rise to the claim.

    3. Nothing in these Terms and Conditions shall exclude or limit your or Our liability for death or personal injury caused by negligence or breach of statutory duty.

  15. WAIVER
    No failures to exercise and/or delay by Us (whether express or implied) in enforcing any of its rights under this Contract shall operate as a waiver thereof. A waiver by Us of any breach of the Terms and Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.

  16. ENTIRE AGREEMENT
    These Terms and Conditions, postal order forms, recorded telephone conversations at the time of submitting the Order and any other document referred to herein constitute the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter.

  17. FORCE MAJURE
    We shall not be liable for any delay or failure to perform any of Our obligations if the delay or failure results from events or circumstances outside Our reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, terrorism, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, telecommunications failure, epidemic, perils of the sea or air, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority; disputes of whatever nature and for whatever cause arising including but without prejudice to the generality of the foregoing, work to rule, overtime bar, strikes, and walkouts. We shall endeavor to notify you as soon as possible should any such events or circumstances occur.

  18. ASSIGNATION
    You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms and Conditions. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms and Conditions at Our discretion.

  19. SEVERANCE
    If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

  20. YOUR LEGAL RIGHTS
    Nothing in these Terms and Conditions affects your rights at law (including your right to receive a refund in respect of any defective Goods We sell to you).

  21. CUSTOMER SERVICE
    In the event of a query or complaint about the Website or Us, please Contact Us.

  22. DISCLAIMER
    The Big Smoke does not ship Cuban products to the United States.

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