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These General Terms and Conditions are applicable to all orders placed through "e-Tobaccos.com". Please read them before ordering.
Welcome to e-Tobaccos.com
A. GENERAL PROVISIONS
The web site http://www.e-Tobaccos.com was conceived for "e-Tobaccos.com" and all rights, titles and interests in the Site
are the exclusive property of "e-Tobaccos.com". Copying all or any parts of the Site is prohibited without the prior permission
from "e-Tobaccos.com".
B. PROVISIONS GOVERNING THE ISSUANCE OF ORDERS AND CONCLUSION OF CONTRACTS
Article 1. Acceptance of General Terms and Conditions
Once a user (the "Customer") has filled out the Site order form and confirmed the order then this will result in the full and
binding acceptance of these General Terms and Conditions which will be the only terms applicable to the contract thereby entered
into.
Article 2. Order confirmation and conclusion of contract
The Site contains at all times a commercial offering to sell certain Products, but this shall not be construed as a legally binding
permanent offer. Thus, as explained below, a contract is only concluded when and if the order is confirmed by "e-Tobaccos.com".
Once the payment has been confirmed in accordance with Article 3 of these General Terms and Conditions, the order is accepted by
"e-Tobaccos.com". "e-Tobaccos.com" will confirm the acceptance of orders. "e-Tobaccos.com" reserves the right not to accept payment,
and therefore not to confirm, for whatever reason, any order, including but not limited to reasons resulting from product supply,
a problem with the order received, or a problem in completing the delivery.
Article 3. General Obligations of the parties
3.1 Obligations of "e-Tobaccos.com" "e-Tobaccos.com" undertakes, once the order has been accepted, to sell the products set forth
on the order (the "Products") and to deliver the Products ordered to the address indicated by the Customer. In relation to the above,
"e-Tobaccos.com" undertakes to place the Products with the carrier of its choice not later than twenty four (48) hours (only working
days taken into account) after the order has been accepted.
3.2 Obligations of the Customer The Customer shall clearly indicate the address to which the Products are to be delivered during
business hours. The Customer undertakes to pay the stated price for the "e-Tobaccos.com" Product delivery (price of the Products
plus transport), as well as to pay, or have paid, directly to the carrier any additional amount that might arise due to custom duties,
value added tax or other taxes due upon import into the country where the Products are delivered.
Article 4. Specific Provisions
4.1 Price, Invoice The total price (the "Price") shown by "e-Tobaccos.com" on the order is definitive. The Price includes: the price
of the Products, handling costs, packaging and transport. No custom duties or value added taxes shall be due for deliveries in the
European Union. The Price will be in Euros, any amounts stated in other currencies being only for the purposes of estimating the price
in another currency. Payment will only be accepted by Bank Credit Card. Debit cards like Switch or VISA Electron will not be processed.
Once the order has been accepted, the Customer will be charged in Euros. At the express demand of the Customer, "e-Tobaccos.com" will
issue an invoice. The Customer must indicate the address where the invoice is to be sent.
4.2 Transport - Delivery - Delivery Schedule Unless the Customer has failed to make payment for any reason, the Products will be
delivered to the address indicated within a period of four (4) to fifteen days (only working days taken into account). The delivery
time given to the Customer by "e-Tobaccos.com" may vary depending on the country involved. In case delivery is made and nobody is at
the indicated address to accept delivery, the carrier shall leave a note indicating that it was unsuccessful in making the delivery and
that the Customer should come to recover the Products at a location specified by the carrier. "e-Tobaccos.com" will not, for any reason,
be held liable for any deterioration in the Products due to a Customerīs failure to collect the Products in a timely manner.
4.3 Transfer of Risk The transfer of risk of the Products takes place when "e-Tobaccos.com" gives the Products to the carrier.
4.4 Qualification upon Receipt - No returns - Limited Rights to Reimbursement / Replacement The Customer can only make a claim if the
Products delivered do not conform with the type or quantity ordered . The claim must be made in writing to the carrier at the time of
delivery. A copy must be sent to "e-Tobaccos.com" (e-mail or fax) no later than twelve (12) hours after the claim was made. With the
claim, the Customer shall supply the carrierīs confirmation of the validity of the Customerīs claim. No returns of Products will be
accepted. If the above procedures are respected, and the claim is proven to be valid due to the packaging and the Products being seriously
damaged, "e-Tobaccos.com" at their choice will either reimburse the Customer the Price or replace the Products at e-Tobaccos.coms
expense. If the delivery is not in conformity with the quantity ordered, "e-Tobaccos.com" will reimburse the difference in the price
between the Products ordered and those delivered only if those delivered are sold for less than those ordered and paid for. No claim will
be accepted with respect to the taste, appearance or freshness of the Products.
4.5 Limited Guarantee "e-Tobaccos.com" guarantees that the Products are genuine and that they have taken all the necessary care and
attention to assure they correspond to the description that is given on the Site at the date the order was made. "e-Tobaccos.com"
guarantees that the Products are of good quality. The above is the only warranty given by "e-Tobaccos.com". No other warranties, whether
express or implied, are given. In particular, "e-Tobaccos.com" does not warrant that the Products correspond to the specific expectations
of the Customer.
4.6 Import Rules Responsability - It is the Customer responsability to check the import rules in the destination country with the local
authorities before ordering the Products. If the Customer does not check the import rules or if knowing any restrictions on the
importation of the Products, the Customer places the Order, the Customer will do so under his/her full responsability and in no case
"e-Tobaccos.com" will have any liability nor will be responsible for any additional costs like import duties or the seizure of the
Produts.
4.7 Liability - Limitation of Liability The Customer is personally liable for its choice of Products and after delivery is entirely
responsible for the conservation and consumption of the Products. Also, "e-Tobaccos.com" will not be held liable for not respecting any
laws or regulations in the country where the Products are delivered. "e-Tobaccos.com" is only liable for complying with Spanish
regulations relating to the Products. In any event, the liability of e-Tobaccos.com is limited to the lesser of the following amounts:
1) the direct damage suffered by the Customer or 2) the price of the order irrespective of the basis on which "e-Tobaccos.com"īs
liability may be assessed.
C. Invalidity - Force Majeure - Applicable law - Competent Courts
If any one of the clauses of these General Terms and Conditions are, for whatever reason, declared invalid or invalidated for any
reason, this will not affect the application or the validity of the other clauses. The clause declared invalid, or invalidated, will
be replaced by the disposition closest to that clause.
Neither "e-Tobaccos.com" nor the Customer will be held liable for any failure to perform their obligations as a result of a force
majeure beyond their control, including but not limited to the following: war, riot, insurrection, interruption of transport systems,
problems relating to export and import, strikes, lock-out, shortage of Products, fire, earthquakes, storms or floods.
These General Terms and Conditions are governed exclusively by Spanish law. All litigation or disputes between the parties shall be
brought only before the competent court in Spain.
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