terms & conditions
These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, are legally binding, limit Company's liability to you and require you to indemnify us and to settle certain disputes as stated in the following sections. If you do not wish to be bound by these Terms and any Additional Terms, do not use this Service.
*International Shipping* Outside of Namibia - please read before ordering.
You (the buyer) are responsible for knowing the laws which govern your ability to purchase cigars in your country. No refunds will be issued for any confiscated products. You are also responsible for any taxes, duty, VAT, or any other fees associated with your order once it arrives in your country. We will send the International Harmonized tariff code with each order, but this does not assure your customs department will honor it. In the event the order is returned, we will issue a refund equal to the product costs only. You will be responsible for the shipping costs. The minimum purchase value for international orders is N$500. Standard shipping service is through Nampost, EMS (Express Mail Service), an airmal, door to door delivery service with a tracking number traceable on the Postal Global Track & Trace website. An exact shipping rate for each order is provided once an order is finalized.
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your order. Premium Namibian Cigars CC is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
1. Ownership and your rights to use the service and content.
The Service and all of its content ("Content"), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein ("Intellectual Property"), are owned or controlled by Company, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Company, our licensors or certain other third parties, and is protected by Namibian and international copyright, trademark, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
B. Your rights to use the service and content.
(i) Your right to use the Service and content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the "Company Licensed Elements"):
(1) Display, view, use, and play the content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the content (excluding source and object code in raw form or otherwise) as it is displayed to you;
(2) Stream the content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;
(3) Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one of your friends a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients who are at least eighteen (18) years of age and who you have permission to contact.
(4) If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;
(5) If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;
(6) Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Company names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with Company or cause any other confusion, and (c) the links and the content on your website do not portray Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Company. Company reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party.
C. Rights of others.
In using the Service, you must respect the intellectual property and rights of others and Company. Your unauthorized use of content may violate the rights of others and applicable laws, and may result in your civil and criminal liability.
D. Reservation of all rights not granted as to content and service
These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Company and it’s licensors and other third parties.LICENSORS. Any unauthorized use of any content or the Service for any purpose is prohibited.
2. Service and content use restrictions.
A. Service Use Restrictions.
You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Company; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Company, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the content, (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including e-mail addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.
B. Content Use Restrictions.
You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the Company Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third-party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Company or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the service
C. Availability of Service and Content.
Company, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or content (and any elements and features of them), in whole or in part, for any reason, in Company’s sole discretion, and without advance notice or liability.
3. Creating and account.
A. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique that do not violate the rights of any person or entity, and are not offensive. We may reject the use of any password, username, or e-mail address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us by e-mailing us at firstname.lastname@example.org of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
B. Accounts may only be set up by an authorized representative of the individual that is the subject of the account and who is eighteen (18) years of age or older. We do not review accounts for authenticity. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
4. Notices, questions and customer service.
You agree that we may give you notices or otherwise respond to you by mail or to your e-mail (if we have it on file) or in any other manner reasonably elected by us. If you have a question regarding the Service, you may contact Company Customer Support by sending an e-mail to us at email@example.com or calling us at +264 (0)63 203588. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.
5. Product specifications; pricing; typographical errors.
Sales of tobacco products are limited to consumers that our age verification efforts indicate are eighteen (18) years of age or older. Purchasing tobacco products for younger people is strictly prohibited and may subject you to criminal prosecution. We strive to accurately describe our products or services offered on the Service; however, we do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. As permitted by applicable law, Company shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from Company is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.
All shipments Freight on Board (FOB) Luderitz, Namibia. Risk of loss is on the purchaser during transport and shipment. Title to, and ownership of all goods passes from seller to the purchaser in Luderitz, Namibia, and the purchaser takes all responsibility for the shipment. By arranging for transportation of the goods, seller is providing a service to, and acting on behalf of purchaser. By utilizing this service from seller, purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation, and delivery of the goods. The purchaser represents that he/she is of lawful age and has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of the goods and is legally entitled to take quantities ordered.
6. Dispute terms.
A. Forum Selection/Jurisdiction
Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the content, these Terms, or any applicable Additional Terms, whether before the Effective Date of these Terms or after arising (collectively, “Dispute”) shall take place before the magistrate of Luderitz. Each party submits to personal jurisdiction and venue in Luderitz, Namibia for any and all purposes.
B. Dispute Notification
Company and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that Company need not do so in circumstances where its claims of intellectual property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or Company – shall send a letter to the other side briefly summarizing the claim and the request for relief. If Company is making a claim, the letter shall be sent, via e-mail, to the e-mail address listed in your Company account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 6. If you are making a claim, the letter shall be sent to firstname.lastname@example.org. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 6. Either you or Company, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 6.C) before the expiration of this sixty (60)-day period.
C. Limitation on Injunctive Relief.
As permitted by applicable law, if you claim that you have incurred any loss, damages, or injuries in connection with your use of the service, then the losses, damages and injuries will not be deemed irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. This means (without limitation) that, in connection with your claim, you agree that you will not seek and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any website, application, content, product, service, or intellectual property owned, licensed, used, or controlled by any company party or a licensor of any company party.
D. Governing Law.
These Terms and any applicable Additional Terms, General Disputes and IP Disputes, and any other claim brought by you against Company or by Company against you pursuant to this Section 6, or otherwise related to the Service, content, Company Licensed Elements or other Company products or services, will be governed by, construed, and resolved in accordance with, the laws of Namibia., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction
E. Class Action Waiver.
As permitted by applicable law, both you and Company waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Any arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. To the extent required by applicable law, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 6 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
7. Disclaimer of representations and warranties.
A. As permitted by applicable law, your access to and use of the service is at your sole risk and the service is provided on an “as is”, “as available”, and “with all faults” basis. To the fullest extent permissible by applicable law, Company and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, content, Company Licensed Elements or other Company products or services, except as set forth in subsection C, below.
B. Except for any specific warranties provided herein, or in applicable additional terms, or as otherwise required by applicable law, company parties hereby further disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration and freedom form computer virus.
C. Notwithstanding the forgoing, this section does not expand or limit (i) any express, written product warranty or related disclaimers that are provided by company parties or their suppliers with regard to a physical product sold by company parties to you, or any warranty on a physical product to the extent required by applicable law; (ii) company parties' liability for personal injury to you caused by company parties to the extent not waivable under applicable law; or (iii) any cause of action you may have against company parties that is not waivable under applicable law.
8. Limitations of our liability.
A. As permitted by applicable law, under no circumstance will any company parties be responsible or liable for any loss or damages of any kind, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, content, Company Licensed Elements or other Company products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by Company.
B. The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
C. As permitted by applicable law, in no event will company parties' total liability to you, for all possible damages, losses, and causes of action in connection with your access to and use of the service and your rights under these terms, exceed an amount equal to the amount you have paid company in connection with the transaction(s) that underlie the claim(s).
D. Notwithstanding the forgoing, this section does not expand or limit (i) any express, written product warranty or related disclaimers that are provided by company parties or their suppliers with regard to a physical product sold by company parties to you, or any warranty on a physical product to the extent required by applicable law; (ii) company parties' liability for personal injury to you caused by company parties to the extent not waivable under applicable law; or (iii) any cause of action you may have against company parties that is not waivable under applicable law.
9. Updates to terms.
It is your responsibility to review the posted terms and any applicable additional terms each time you use the service (at least prior to each transaction or submission). Each time you sign in to or otherwise use the service you are entering into a new agreement with us on the them applicable terms and conditions and you agree that we may notify you of new terms by posting them on the service (or in any other reasonable manner of notice which we elect), and that your use of the service after such notice constitutes your going forward agreement to the new terms for your new use and transactions. Any new terms or additional terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the even any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revise or additional terms by discontinuing use of the service.
A. Company’s Consent or Approval.
As to any provision in these Terms or any applicable Additional Terms that grants Company a right of consent or approval, or permits Company to exercise a right in its “sole discretion,” Company may exercise that right in its sole and absolute discretion. No Company consent or approval may be deemed to have been granted by Company without being in writing and signed by an officer of Company.
C. Operation of Service; Availability of Products and Services; International Issues.
Company controls and operates the Service from Namibia., and makes no representation that the Service is appropriate or available for use beyond Namibia. If you use the Service from other locations, you are doing so on your own initiative and responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
E. Severability; Interpretation.
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
F. Investigations; Cooperation with Law Enforcement; Termination; Survival.
H. Complete Agreement; No Waiver.
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.