Conditions of Use

Welcome to our Cigar & Whisky buying/selling platform. UKCIGAR.EXCHANGE, its associates and 3rd party sellers (our full trading details can be found on our contact us page) provide their services to you subject to the following conditions. If you visit, submit for sale or shop within this website, you agree to do so in acceptance of these conditions. Please read them carefully. 

These are our general terms that apply to all users of our website including buyers and sellers. If you wish to sell items via our platform then our SELLER SPECIFIC terms should also be read and agreed to in conjunction with these general terms.


PRIVACY

Please review our Privacy Policy which can be found below these general terms HERE..


ELECTRONIC COMMUNICATIONS

When you visit ukcigar.exchange or send e-mails to us or our sellers, you are communicating with us electronically. You consent to receive communications from us or our sellers electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we or our sellers provide to you electronically satisfy any legal requirement that such communications be in writing.


COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ukcigar.exchange or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of ukcigar.exchange, with copyright authorship for this collection by ukcigar.exchange, and protected by international copyright laws.


TRADE MARKS. LOGOS, IMAGES

ukcigar.exchange's trademarks, trade images and logos may not be used in connection with any product or service that is not ukcigar.exchange's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ukcigar.exchange. All other trademarks not owned by ukcigar.exchange or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ukcigar.exchange or its subsidiaries.


LICENSE AND SITE ACCESS

ukcigar.exchange grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ukcigar.exchange. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ukcigar.exchange. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ukcigar.exchange and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing ukcigar.exchange's name or trademarks without the express written consent of ukcigar.exchange. Any unauthorized use terminates the permission or license granted by ukcigar.exchange. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ukcigar.exchange so long as the link does not portray ukcigar.exchange, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ukcigar.exchange logo or other proprietary graphic or trademark as part of the link without express written permission.


YOUR CUSTOMER ACCOUNT

If you use this site to buy or sell items, creating a user account is mandatory. There are two account types:
     i)  Buyer Account - this allows you to make purchases.
     ii) Seller Account - this allows you to submit items for sale.

These are separate accounts, if you have registered for both account types you can only be logged in to one at a time. 

You are responsible for maintaining the confidentiality of your account(s) and passwords and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may NOT use our website. ukcigar.exchange, its associates and 3rd party sellers reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We may request to see evidence of personal ID, proof of address and other information or documentation that we may require for verification purposes.


PAYMENTS & FEES

UK Cigar Exchange is not a retailer but a marketplace platform. We act as an agency to facilitate transactions between buyers and sellers. The use of our buyer/seller platform incurs a buyer fee for each Item that is successfully purchased on our Website.  The buyer fee will be included in the item selling price and will be indicated in the breakdown displayed at checkout (pre shipping, tax and insurance charges) prior to payment. VAT at the current rate will either be added to or may already be included in the commission fees (for both buyer and seller fees). You will see a breakdown of any VAT charges in your invoice. VAT will in most cases not be added to the item selling price. If an item incurs VAT charges this will be indicated in the item description and/or the final checkout breakdown. VAT/TAX will not be added to sales items sent to addresses outside the UK. However non UK based buyers may still be liable for local customs/duty charges. Updated Commission Fees and VAT Charges are outlined HERE and will form part of these terms & conditions.

We can accept payment by standard bank or wire transfer or debit/credit card. We also accept payment by secure instant cardless smartphone App based transfers. For bank payments please see the order details for information regarding the payment procedure. If paying by card please be aware that your card will be charged once the seller has progressed your order to the shipping stage. We cannot currently provide a credit card payment option to residents of the United States, however we can accept wire transfers. Full bank payment options will be provided during the order process.

UK Cigar Exchange currently only accepts payment in GBP. Prices quoted on our website in other currencies may be different to the final amount charged due to variations in bank exchange rates. 

Legal title and ownership of purchased items shall transfer to the buyer only on receipt of all sums due to UK Cigar Exchange and the balance amount due to the seller has been paid.


MAKING AN OFFER

When an item is submitted for sale the seller has an option to allow offers to be made on a per item basis. Therefore not all products will have this feature available. If you make an offer on an item that has this option enabled your offer will be sent to the seller to review and you will be informed once a decision has been made. Prices shown pre-offer and pre-checkout include the buyer commission, you must allow for this if/when you make an offer as this will be included in the final price agreed with the seller.
Offer acceptance is at the sole discretion of the seller. We have no involvement in the decision other than to communicate with each party during the process.


ORDER PROCESSING/DELIVERY

Our sellers will endeavour to start processing your order the same or next working/business day if received during normal business hours. Outside of these times they will start processing your order on the next working day. Order processing usually takes 1 working day however it may take 2-3 working days before dispatch.

Orders paid by credit/debit card will start to be processed within the timeframes given above. Bank transfer or other payments will be transacted within 48 hours of the order being placed and payment received. If payment is not made or started within this time your order may be cancelled.

Delivery depends on the origin and destination countries and the postage type used however most orders should be received within 2 weeks. If you do not receive your items within 14 days of receiving notification of dispatch please contact us and we will investigate  with the seller further. Neither we nor our seller can be held liable for items lost in the mail system or seized by customs or any other agency. We offer an additional insurance option to cover most postal issues ie loss or damage but not for customs/duty seizures. See "Risk of Loss" section below for more information on this.

We guarantee that your payment, however made; be it by credit/debit card or bank transfer is safe. We operate a full payment hold service whereby money paid for goods is not released to the seller until the order has completed satisfactorily as per our terms. 


WARRANTY

We offer comprehensive protection if an item is not authentic or not as described. We have an in house payment hold Service where the seller only receives payment once your order has been delivered and you are satisfied it is as described. We offer a free totally impartial arbitration service in order to deal with any disputes that may arise. If we agree that an item is not as it should be, we will happily refund the full price paid (less shipping costs) on return of the items in the same condition as they were sent out. An exception to this warranty is in the case of sealed items. Unopened/unsealed authenticated items are "sold as seen". Unless the buyer has requested for the product to be unsealed for inspection returns cannot be based on the condition of sealed items. 


RETURNS/CANCELLED ORDERS

You have the right to cancel your purchase under the terms of this agreement. Valid reasons for cancellation are:
     i)     You did not receive the item(s).
     ii)    An item you received is damaged or has missing elements.
     iii)   A product is not as described in the item description.

If you are in possession of the goods you are under a duty to retain them and take reasonable care of them. You must send the goods, in the same condition as they were sent out, to the address we provide once you have confirmed your return request at your own cost (unless the item was delivered to you in error or the item is damaged or defective) within fourteen days of cancelling the contract. If you do not return the goods or if you return them at our/the seller's expense we reserve the right to make a charge not exceeding the direct costs of recovering the goods. On receipt of the returned items they will be checked to confirm they have been received in the same condition as they were sent out to you. On confirmation of this, any corresponding amounts you have paid to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation. You will not have any right to cancel a purchase if the goods have been seized or held up in customs or by any other agency or for any reason beyond our control. To return any item or order the returns form must be used. CLICK HERE to complete the returns form.


REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

We may at our discretion activate a Review/Comments feature on the platform. Under this feature visitors may post reviews, comments, and other content: and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ukcigar.exchange reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant ukcigar.exchange, its associates and 3rd party sellers a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ukcigar.exchange, its associates and 3rd party sellers and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify ukcigar.exchange or its associates for all claims resulting from content you supply. ukcigar.exchange has the right but not the obligation to monitor and edit or remove any activity or content. ukcigar.exchange takes no responsibility and assumes no liability for any content posted by you or any third party.


RISK OF LOSS

UK Cigar Exchange is not responsible for any part of the shipping process that takes place between the seller and buyer. Items can be damaged during or after shipment. Buyers agree and accept that there is a risk of damage during this process. If we deem the Seller has taken all necessary precautions to protect the items in transit then neither we nor the seller can be held responsible for any damaged items. Loss, damage, or confiscation of the item lies with the Buyer and mail service used. We cannot be held liable if your order is held up by customs or any other government agencies. We cannot accept refund/cancellation requests for goods seized and where duty or tax may be due. It is your responsibility to pay any imposed taxes or duty. 

If shipping insurance is offered at checkout we highly recommend this is accepted in order to mitigate against any such loss or damage issues (other than for seizure). 


PRODUCT DESCRIPTIONS

All Items are sold on an "as is" basis based on the item description and any other information provided by the seller. Although UK Cigar Exchange will do our utmost to verify authenticity, provenance and accurate description of all items listed for sale buyers are still required to conduct their own due diligence and research.  ukcigar.exchange, its associates and 3rd party sellers attempt to be as accurate as possible. However, we do not warrant that product descriptions, images or other content of this site are accurate, complete, reliable, current, or error-free. In some rare instances images may be for descriptive purposes and are shown as examples only; they may not show the actual product you will receive. If you believe a product offered on the ukcigar.exchange platform is not as described, you may instigate our arbitration service failing which your sole remedy is to return it in unused condition. 


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
This site is provided by ukcigar.exchange on an "as is" and "as available" basis. ukcigar.exchange makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, ukcigar.exchange disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. ukcigar.exchange does not warrant that this site, its servers, or e-mail sent from ukcigar.exchange are free of viruses or other harmful components. ukcigar.exchange will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. 


APPLICABLE LAW

By visiting ukcigar.exchange, you agree that the laws of England and the United Kingdom, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ukcigar.exchange or its associates.


DISPUTES

We offer a free totally impartial arbitration service in order to deal with any disputes that may arise. If we agree that an order or item is not as it should be, has not been handled or processed in accordance with our terms we will refund the full price paid (less shipping costs) on return of the items. Any dispute relating in any way to your visit to ukcigar.exchange or to products you purchase through ukcigar.exchange shall be submitted to this confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate ukcigar.exchange's intellectual property rights, ukcigar.exchange may seek injunctive or other appropriate relief in any other country, and you consent to exclusive jurisdiction and venue in such courts. If no solution agreeable to both parties is found then further Arbitration under this agreement shall be conducted under the rules then prevailing by the laws of England. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.


SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to ukcigar.exchange. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


QUESTIONS:

Questions regarding our Terms, Conditions of Usage, Privacy Policy, or other policy related material which are not clear to you from the information provided can be directed to our support staff by clicking on the "Contact Us" link in the bottom menu. 



PRIVACY POLICY

About this Privacy Policy

This privacy policy is for ukcigar.exchange (referred to from here on below as "The Website")  and governs the privacy of its users who choose to use it.
 
The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.
 

The Website
This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.
 
Use of Cookies
This website uses cookies to better the user's experience while visiting the website and in order to facilitate correct operation of the user's account. Our website operates a cookie control system which informs the user about our cookie policy on their first visit and which also enables them to allow or disallow the use of cookies on their computer/device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user's computer / device.
 
Cookies are small files saved to the user's computers hard drive that track, save and store information about the user's interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
 Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.
 
This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google's privacy policy here for further information [ http://www.google.com/privacy.html ].
 

Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.
 
Contact/Communication & Security
Users visiting or communicating with this website and/or its owners/operators do so at their own discretion. Your personal information and any credit or debit card or financial details you provide will be kept private and handled securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998. Every effort has been made to ensure a safe and secure form to email submission process and this website utilises SSL (Secure Socket Layer) encryption to ensure sensitive data transfer and protection.
 
This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.
 
Email Newsletter
This website operates an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.
 
Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Under the Data Protection Act 1998 you may request a copy of personal information held about you by this website's email newsletter program. A small fee will be payable. If you would like a copy of the information held on you please write to the business address at the bottom of this policy.
 
Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list].
 This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.
 
In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.
 
External Links
Although this website only looks to include quality, safe and relevant external links, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banner / image links to other websites.)
 
The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
 
Adverts and Sponsored Links
This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.
 
Clicking on any such adverts will send you to the advertisers website through a referral program which may use cookies and will track the number of referrals sent from this website. This may include the use of cookies which may in turn be saved on your computers hard drive. Users should therefore note they click on sponsored external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
 
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
 
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
 
This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
 
Shortened Links in Social Media
This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses] Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
 

Privacy Policy Version 1.3  (c) August 2024