Terms of service

Terms of Service — Casa de Ávila

Important note before you publish this: tobacco sales are one of the most heavily regulated ecommerce categories in the US (age laws, the federal PACT Act, state licensing/tax registration, and carrier restrictions all apply). This draft covers the standard clauses a cigar retailer needs, but I'm not a lawyer — have someone licensed in your state review it before it goes live, especially the age-verification, shipping, and PACT Act sections. Fill in every [bracket] before publishing.

1. Acceptance of Terms

By accessing or purchasing from [Website URL] (the "Site"), operated by [Legal Business Name] ("Casa de Ávila," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Site or purchase our products.

2. Age Restriction — 21+ Only

Casa de Ávila sells premium cigars, a tobacco product regulated under federal and state law.

  • You must be at least 21 years of age to purchase, or attempt to purchase, any product from this Site.
  • By placing an order, you affirm under penalty of law that you are 21 or older.
  • We use age-verification checks at checkout and require an adult signature (21+) upon delivery for every shipment. Orders that fail age verification will be cancelled and refunded.
  • We reserve the right to request government-issued photo ID at any point before or after purchase to confirm eligibility.

3. Health Disclaimer

Cigars contain nicotine, a chemical known to be addictive, and their use carries serious health risks, including but not limited to cancer, heart disease, and other tobacco-related illness. Products are sold "as is" for adult personal use and are not intended for individuals who are pregnant, nursing, or who do not otherwise legally qualify to purchase tobacco. Nothing on this Site constitutes health or medical advice.

4. Products, Descriptions & Pricing

  • We make reasonable efforts to display accurate product images, descriptions, and pricing, but boxes, bands, and wrapper shades may vary slightly from photos due to the handmade, natural nature of tobacco leaf.
  • Prices are listed in [USD] and are subject to change without notice. We reserve the right to correct pricing or listing errors, cancel affected orders, and issue a full refund.
  • All sales are subject to applicable state and local tobacco excise taxes, which will be calculated at checkout where required.

5. Orders & Payment

  • Placing an order is an offer to purchase; we reserve the right to accept or decline any order for any reason, including suspected fraud, failed age/ID verification, or inability to ship to your location.
  • Payment is processed securely at checkout via our payment provider. You represent that any payment information you provide is accurate and that you are authorized to use the payment method.
  • Order confirmation emails indicate we've received your order, not that it has shipped or been accepted.

6. Shipping & Delivery Restrictions

  • We ship only within [list permitted states/countries — many carriers (UPS, FedEx, USPS) restrict or prohibit tobacco shipments to certain states; confirm your carrier's current tobacco policy before finalizing this list].
  • Someone 21 or older must be present to sign for delivery. Packages requiring an age-verified signature that go unclaimed may be returned to us, and reshipping fees may apply.
  • We are a registered [PACT Act–compliant] tobacco delivery seller and comply with all federal and state reporting, tax-remittance, and licensing requirements for interstate tobacco sales, including reporting deliveries to state tobacco tax administrators as required by law.
  • Risk of loss and title for products pass to you upon our delivery to the carrier.

7. Returns, Refunds & Damaged Orders

  • Due to the nature of tobacco products, we cannot accept returns or exchanges on opened boxes or used products for health, safety, and resale-compliance reasons.
  • If your order arrives damaged or defective, or if we shipped the wrong item, contact us within [7] days of delivery at [support email] with photos of the issue; we will replace the item or issue a refund at our discretion.
  • Refunds, when approved, are issued to the original payment method within [X] business days.

8. Intellectual Property

All trademarks, logos, product names, packaging designs, photography, and site content are the property of [Legal Business Name] or its licensors and may not be copied, reproduced, or used without our prior written consent.

9. Prohibited Uses

You agree not to: purchase on behalf of a minor; resell products without proper licensing; use the Site for any unlawful purpose; attempt to circumvent age-verification systems; or interfere with the security or normal operation of the Site.

10. Disclaimer of Warranties

The Site and products are provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by law.

11. Limitation of Liability

To the fullest extent permitted by law, [Legal Business Name] shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or our products, including health-related claims arising from tobacco use, beyond the purchase price of the product in question.

12. Indemnification

You agree to indemnify and hold harmless [Legal Business Name], its officers, employees, and agents from any claims, damages, or expenses (including legal fees) arising from your violation of these Terms or applicable law, including misrepresenting your age.

13. Governing Law

These Terms are governed by the laws of the State of [State], without regard to conflict-of-law principles. Any dispute shall be resolved in the state or federal courts located in [County/State].

14. Changes to These Terms

We may update these Terms at any time; changes take effect upon posting to this page. Continued use of the Site after changes constitutes acceptance of the updated Terms.

15. Contact Us

[Legal Business Name] [Business Address] [Support Email] [Phone Number]