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Terms, Conditions & Return Policy

Plasencia Cigars Terms of Use

 

https://shop.plasenciacigars.com (the “Website”) is owned and operated by Plasencia 1865, LLC its subsidiaries and affiliates (“Plasencia Cigars,” “us,” “we,” and “our”). By accessing the Website, you represent that you are thirteen (13) years of age or older, and you agree to the terms and conditions (the “Terms”) set forth herein. The Terms and Privacy Policy explain the Website’s information gathering, use and sharing practices, including what information is collected, how that information is acquired, maintained, stored, shared and/or used, and how you may access and update certain information you have provided to us.

 

From time to time, we may update this Website and/or these Terms. Your use of the Website after any updates or modifications to these Terms constitutes your agreement to be bound by such modifications. You agree to review these Terms periodically in order to ensure you are aware of the most recent Terms.

 

Order Processing and Refunds

 

Orders are typically processed within two (2) days of purchase and are shipped via UPS. We accept returns on unused, unworn items within fourteen (14) days of purchase in the same condition in which the items were received. Please contact us at 786-600-3228 prior to shipping your return merchandise. Orders placed through the Website will appear on your credit card billing statement as Plasencia Cigars.

 

Representations and Limitations on Liability

 

To the fullest extent permitted by applicable law, this Website is provided on an “as is, as available” basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to this Website or any information or software therein. All conditions, representations and warranties, whether express, implied, statutory or otherwise are hereby disclaimed to the fullest extent permitted by law. Under no circumstances, including negligence, shall company be liable for any direct, indirect, incidental, special, punitive, or consequential damages (collectively, “Damages”) that result from the use of or inability to use this Website, nor shall company be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond company’s reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to this Website’s records, programs, or services. Under no circumstances, including but not limited to a negligent act, will company or its affiliates or agents be liable for any damage of any kind that results from the use of, or the inability to use, the Website, even if company has been advised of the possibility of such damages.  Some jurisdictions do not allow the limitation or exclusion of liability for incidental, consequential, or other damages; as a result, the above limitation or exclusion may not apply to you, and the foregoing paragraph shall not apply to a resident of new jersey to the extent damages to such new jersey resident are the result of company’s negligent, fraudulent or reckless act(s) or intentional misconduct.

 

Governing Law

You acknowledge and agree that we make no representation that the Website is governed by or operated in accordance with the laws of other nations, or that the Website (or any portion thereof) is appropriate or available for use in any particular jurisdiction. Visitors who elect to access the Website, acknowledge and agree that they do so on their sole initiative and at their sole risk, and are solely responsible for complying with all local laws, rules and regulations. By using this Website, visitors from outside of the United States of America acknowledge this Website is subject to the laws and regulations of the United States of America and the State of Florida and waive any claims that may arise under other laws. This Privacy Policy shall be governed solely by, and construed in accordance with Florida law, notwithstanding conflict of laws provisions. Any disputes arising under this Privacy Policy shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Florida and venue shall lie in Miami-Dade County and, by using the Website, you hereby submit to the personal jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.

 

Indemnification

You agree to indemnify and hold Plasencia Cigars, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your use of the Website, or any violation of these Terms.

 

Intellectual Property and Ownership of Content


The Website and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Website (collectively, the “Content”) are owned by us or our affiliates.

 

 

PRIVACY POLICY

Personal Data and Information

This Privacy Policy describes how we collect, use, and share information about you on the Website. Your use of this Website indicates you acknowledge our collection, use and disclosure of your information as described in this Privacy Policy. If you disagree with the way we collect or handle your data, please do not use this website. Certain Plasencia Cigars websites and services may link to a different privacy policy; this Privacy Policy does not apply to any such websites or services. Please also note that we may collect, use, and share information about you as a service provider to advertisers and other clients; this Privacy Policy does not apply to that collection, use, or sharing. This Privacy Policy is not a contract and does not create and legal rights or obligations.

 

Information We Collect

  • Contact and Billing Information. When you create an account or purchase a product, we will collect your contact and billing information, email, phone number, and credit card information.
  • Additional Information. If you use our Website, we may collect information about the browser and device you’re using, your IP address, your location, the site you came from, the site you visit when you leave the Website, and how you used or didn’t use our Website. Such information may be collected using technology including, but not limited to, GPS and Wi-Fi.

 

Information Sharing and Disclosure

  • Sale or Transfer: We will not sell or otherwise transfer all Information collected to third-parties without first providing any further notice or compensation to you.
  • Third Parties, Subsidiaries and Affiliates: We may share your Information with our affiliates, sponsors, licensees, designees, assigns or successors, including third-party vendors such as payment processors, in order to assist us in managing or providing products and services or to assist us with the administration of the Website. By using this Website, you are explicitly consenting to and authorizing such third-parties to have the right to acquire, maintain, store, use and process your Information on the same Terms set forth herein and on their servers. By using this Website you are also consenting that we may share your Information with third-parties, including for: (i) payment processing and authorization; (ii) fraud protection; (iii) products and services customization; (iv) order fulfillment; (v) shipping; (vi) distributing marketing and promotional material; (vii) Website evaluation; (viii) data collection, storage, management, and analysis; (ix) internet-based, targeted and/or online behavioral advertising; and/or (ix) any other services designed to assist us in maximizing our business potential and profits and for any other legitimate business purpose. We may provide our analysis and certain non-personally identifiable information to potential partners, advertisers or other third-parties.
  • Sale or Transfer of the Business: In the event that Plasencia Cigars is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. This Privacy Policy will apply to your information if and when it is transferred to the new entity.
  • Law and Harm: We may preserve or disclose your Information without your consent if we believe that it is reasonably necessary to comply with a law, regulation, or a legal request such as a court order or subpoena, or to protect the safety of any person, our rights or property, or the rights or property of any third-party. Further, your Information may be disclosed (i) to enforce compliance with or to investigate potential violations of this Privacy Policy; (ii) to detect, prevent or otherwise address fraud; (iii) to detect potential or actual security breaches; or (iv) to enhance security or to address technical issues relative to either the use of the Website or the attendance of our event.
  • Unintentional Disclosure:We employ commercially reasonable security measures to protect against the loss or misuse of your Personal Information in electronic form that is under our control. However, we cannot guarantee that any of the Personal Information that you disclose or transmit through use of the Website will be secure from breaches, software malfunctions or other acts outside of our control. Plasencia Cigars and our respective affiliates, successors, subsidiaries, assigns, agents, designees, licensees or sponsors (collectively, the “Indemnitees”) shall not be liable for any unauthorized access of your Personal Information.

 

Notice to California Residents.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, requires us to disclose to our California users free of charge and upon request, the identity of any third-parties to whom we have disclosed their Personal Information within the previous calendar year, along with the type of Personal Information disclosed, for the third-parties’ direct marketing purposes.

 

Contact

Please feel free to contact us should you have any questions about any of our Terms of policies. We can be reached at 786-600-3228.