Terms and Conditions | River City Cigars

Surgeon General’s Warnings:

Tobacco smoke increases the risk of lung cancer and heart disease, even in non-smokers.

Smoking causes lung cancer, heart disease, emphysema, and may complicate pregnancy.

Quitting smoking now greatly reduces serious risks to your health.

Cigar smoking can cause cancers of the mouth and throat, even if you do not inhale.

Last Updated: 03/15/2024

These Website Terms of Use (the “Terms”) apply to your access to and use of the website https://www.rivercitycigars.com (the "Website”) provided by River City Cigars LLC, a South Dakota Limited Liability Company (“River City Cigars” or “we”).

Please refer to our Terms of Sale for the terms applicable to your purchase of our products and services on our Website (“Products”). Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. Our Privacy Policy and our Terms of Sale are incorporated into these Terms by this reference and collectively represent our “Terms and Conditions”.

By clicking to indicate your acceptance of our Terms and Conditions or otherwise using our Website or placing a purchase order, you agree to our Terms and Conditions. Please read these Terms:

1 Eligibility

You must be at least 21 years of age to use our Website. You must be of legal smoking age or older to order from River City Cigars. We restrict our service and contact list to individuals who have certified that: 1. They are at least twenty-one (21) years old. 2. They understand that providing false information may constitute a violation of law. River City Cigars takes the prevention of underage use very seriously. Our products should never be used by anyone under legal age.

2 User Accounts

You may need or have the option to register for an account to purchase Products or use our Website. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Website through your account, you are responsible for the activities of those users. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.

3 License

Our Website, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to River City Cigars and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, River City Cigars and our licensors reserve all rights in and to our Website. River City Cigars grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our Website for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Website to any third party or otherwise use our Website for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Website, except as expressly permitted by us or our licensors; (c) modify the Website, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Website; or (d) use our Website other than for their intended purposes. Any use of our Website other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

5 User Content

Our Website may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Content"). Except for the license you grant below, as between you and River City Cigars, you retain all rights in and to your User Content. You grant River City Cigars a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Website and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.

6 Prohibited Conduct

You agree that you will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Website. You will not:

Engage in any harassing, threatening, intimidating, spamming, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from that user;
Use our Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Website or that could damage, disable, overburden or impair the functioning of our Website in any manner;
Reverse engineer any aspect of our Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Website that you are not authorized to access;
Develop or use any applications that interact with our Website without our prior written consent;
Use any data mining, robots or other data gathering or extraction methods in connection with the Website;
Bypass or ignore instructions contained in any robots.txt file we provide that controls automated access to portions of our Website; or
Use our Website in any illegal, fraudulent or other unauthorized manner, or engage in, encourage or promote any activity that violates these Terms.

7 Prohibited Content

You may not create, post, store or share any User Content that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, misleading or fraudulent;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any applicable law;
Infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Fails to clearly and prominently disclose any material connections you may have with us or third parties (for instance, in connection with a product review);
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without that third party’s consent;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Website, or that may expose River City Cigars or others to any harm or liability of any type.

8 Hyperlinks

You may create a text hyperlink to our Website for noncommercial purposes, provided such link does not portray River City Cigars or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time. You will not use the River City Cigars logo or other proprietary graphic of River City Cigars to link to our Website without our express written permission.

9 Third-Party Content

River City Cigars may provide third-party content on our Website, including User Content, and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”). River City Cigars does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. River City Cigars does not create, update, or monitor Third-Party Content and is not responsible for any Third-Party Content. You are responsible for deciding if you want to access or use Third-Party Content or applications that link from our Website. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our Website are solely between you and such advertiser. Access and use of such Third-Party Content, including the materials, products or services on or available through any third party sites, is solely at your own risk.

10 Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about River City Cigars or our Products or Website (collectively, “Feedback”), is non-confidential and River City Cigars will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11 Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls

You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from River City Cigars, its affiliates and related entities as well as third parties. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to the River City Cigars, you knowingly consent to such communications from the River City Cigars or for the River City Cigars to use your cell phone number or mobile device number in accordance with the River City Cigars Privacy Policy. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the River City Cigars, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions from the River City Cigars and as described in the Privacy Policy.

To discontinue receiving SMS messages from the River City Cigars at any time, reply STOP or text STOP to 833-278-6443 or call 833-278-6443. For help, reply HELP or text HELP to 833-278-6443 or call 833-278-6443.

Not all mobile devices or handsets may be supported by this service. The River City Cigars and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from the Company.

12 Copyright Complaints

If you believe that anything on our Website infringes any copyright that you own or control, you may notify River City Cigars as follows: email us at RiverCityCigarsSD@gmail.com or call 833-278-6443.

13 Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless River City Cigars, our parent, affiliates, and each of our and their respective officers, directors, agents, independent contractors, members, partners and employees (individually and collectively, the “River City Cigars Indemnitees”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Website, including your conduct in connection with our Website; (b) your User Content or Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify River City Cigars of any third-party Claims, cooperate with River City Cigars in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that River City Cigars will have the option (but not the obligation) to have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and River City Cigars.

14 Disclaimers

We do not control, endorse or take responsibility for any Third-Party Content available via our Website. Your use of our Website is at your sole risk. To the full extent permitted by law, except as expressly provided in these Terms or the Terms of Sale or our Product limited warranties, our Website and the Products purchased via our Website are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. If River City Cigars provides an express limited warranty for a River City Cigars Product, the implied warranties are limited to the terms of that limited warranty.

In addition, River City Cigars does not represent or warrant that its Website is accurate, complete, reliable, current or error-free. While River City Cigars attempts to make your access to and use of our Website safe, we cannot and do not represent or warrant that our Website or servers are free of viruses or other harmful components. Except as otherwise provided in these Terms, our Terms of Sale or our Product warranties, you assume the entire risk as to the quality and performance of the Website and the Products you purchase via the Website.

15 Limitation of Liability

To the full extent permitted by applicable law, River City Cigars and the River City Cigars Indemnitees will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental or special damages arising out of or in any way related to these Terms, our Website or the Products purchased via our Website, even if River City Cigars or any of the River City Cigars Indemnitees has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

The total liability of River City Cigars and any of the River City Cigars Indemnitees for any claim arising out of or relating to any Product purchased via the Website will not exceed the purchase price of that Product. For all other claims arising out of or relating to these Terms or our Website, the total liability of River City Cigars and the River City Cigars Indemnitees is limited to $100 in the aggregate.

The limitations set forth in this section will not limit or exclude liability for personal injury or property damage caused by a Product you purchased via the Website or the gross negligence, fraud, or intentional, willful, or reckless misconduct of River City Cigars or for any other matters in which liability cannot be excluded or limited under applicable law.

16 Release

To the fullest extent permitted by applicable law, you release the River City Cigars Indemnitees from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

17 Governing Law; Forum

These Terms and your access to and use of our Website will be governed by and construed and enforced in accordance with the internal laws of South Dakota, without regard to conflict of law rules or principles (whether of South Dakota or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

Any dispute that is not subject to small claims court will be resolved in the state or federal courts of Brule County, South Dakota.

18 Jury Trial Waiver and Time Limit to Bring a Claim

YOU AND River City Cigars HEREBY KNOWINGLY WAIVE THEIR RIGHTS TO A JURY TRIAL. Any claim arising out of or related to these Terms or our Website must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and River City Cigars will not have the right to assert the claim.

19 Export Compliance

All or part of our Website or the Products purchased via our Website may be subject to U.S. export control, customs or economic sanctions laws (“Export Controls”). You agree to comply with all Export Controls as they relate to your receipt and use of our Website and the products purchased via our Website. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

20 Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Website or to discontinue all or a part of the Website. We are not responsible for any loss or harm related to your inability to access or use our Website.

21 Miscellaneous

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms and our Terms of Sale and our Privacy Policy constitute the entire agreement between you and River City Cigars relating to your access to and use of our Website. The failure of River City Cigars to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. The entities of the River City Cigars Indemnitees are third party beneficiaries of these Terms. You agree that communications and transactions between us may be conducted electronically.

22 Changes to Terms

We may make changes to these Terms from time to time. If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Website, or posting the amended Terms to our Website and updating the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Website after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Website.

23 Contact

If you have any questions or concerns regarding the Website or these Terms, please contact River City Cigars at: RiverCityCigarsSD@gmail.com or call 833-278-6443.

TERMS OF SALE

Last Updated: 03/15/2024

These Terms of Sale (the “Terms of Sale”) apply to your purchase on https://www.rivercitycigars.com (the "Website”) of the products and services (the “Products”) advertised or featured on the Website. Please note that these Terms of Sale only apply to the sale of Products purchased directly from River City Cigars LLC a South Dakota Limited Liability Company (“River City Cigars” or “we”). If you have purchased your Product through a River City Cigars dealer or any other seller, please contact the seller to inquire about its terms of sale.

Please refer to our Terms of Use for the terms applicable to your use of the Website. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. Our Privacy Policy and our Terms of Use are incorporated into these Terms of Sale by this reference and collectively represent our “Terms and Conditions.”

PLEASE NOTE THAT OUR TERMS AND CONDITIONS INCLUDE LIMITATIONS OF LIABILITY, DISCLAIMERS, A WAIVER OF JURY TRIALS AND A WAIVER OF CLASS ACTIONS. BY CLICKING TO INDICATE YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS OR OTHERWISE USING OUR WEBSITE OR PLACING A PURCHASE ORDER, YOU AGREE TO OUR TERMS AND CONDITIONS.

These Terms of Sale give you specific rights. You may have other rights, which may vary by jurisdiction.

1. Placing an Order

Please note that we only deliver Products to addresses in the United States. To be eligible to buy our Products you must:

Provide your name, address, phone number, email address, payment details and other required information.
Be at least 21 years of age if hand-delivered. The signee of any UPS package deliveries from River City Cigars must be at least 21 years of age.
Provide a delivery address in the United States (please note that River City Cigars is unable to deliver to certain addresses).
Be the owner or authorized holder of a valid debit/credit card.

When you create a River City Cigars account you will also create a personal user identification and password. Keep your password protected at all times and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password. All information collected shall be subject to River City Cigars Privacy Policy, which may be found at https://www.rivercitycigars.com.

2. Applicable Terms; Order Acceptance

You agree that your order is an offer to buy the Products listed in your order subject to these Terms of Sale and, more generally, subject to our Terms and Conditions. Orders are subject to Product availability and River City Cigars acceptance. Upon receipt of your order, we will send you an order confirmation email with your order number and details of the items you wish to order. Please note that we may choose not to accept your order at our sole discretion, even after we send you the order confirmation email. In that case, we will notify you that your order was not accepted. We reserve the right to impose quantity limits on any order or reject all or part of an order. River City Cigars does not guarantee the availability of any Product featured on the Website. River City Cigars reserves the right, without liability or notice, to change or discontinue any Product at any time.

3. Prices and Taxes

All prices posted on this Website are subject to change without notice. Prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate Product and price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. The price charged for a Product is the price in effect at the time the order is placed and will be indicated in the confirmation email. River City Cigars may change prices at any time without notice. Price increases will only apply to orders placed after such changes.

You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of our Products. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

4.Payment Terms

Payment terms are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order and shipment of the Product. A list of accepted credit cards, debits cards and other methods of payments is provided at check-out. You represent and warrant that (i) the credit or debit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit or debit card for the purchase, (iii) charges incurred by you will be honored by your bank or credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable Taxes, if any. River City Cigars reserves the right to unilaterally cancel any order that appears fraudulent.

5. Title, Risk of Loss; Shipments; Delivery

Title and risk of loss pass to you upon our transfer of the Products to the carrier. We will arrange for shipment of the Products to you. Shipping and handling charges are specified and payable at checkout. Please check the individual product page for specific delivery options. We will do our best to honor your choice, but the delivery option selected is not guaranteed. If you select express delivery and the Product was not delivered on time, we will refund the payment of express delivery charge, as your sole remedy.

Shipping and delivery dates are estimates only and are not guaranteed. We are not liable for any delays in shipments.

For attended deliveries, if you or your agent is not present at the time scheduled for delivery on more than one occasion, or if you have provided an incorrect delivery address which results in an unsuccessful delivery, the delivery package may be delivered unattended at the delivery address you provided.

6. Force Majeure

We will not be liable or responsible for any failure or delay in fulfilling an order when and to the extent such failure or delay is caused by or results from acts beyond its reasonable control, including, without limitation, acts of God; flood, fire, earthquake, epidemics, wars, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; government orders, embargoes, strikes and other labor disruptions, shortages (in supplies, raw material or storage space), inadequate transportation services and other events beyond our reasonable control, even if foreseeable.

Return policy

All returns must be made and confirmed by River City Cigars by email or phone within 30 days of the purchase date. River City Cigars reserves the right to amend this return policy without notice.

Regarding returns of cigars (singles, 5-packs, tins, boxes), humidors, and accessories:

All returns must be pre-authorized and confirmed via phone (833-a-stogie) or email at rivercitycigarssd@gmail.com.
Cigars, humidors, and accessories returned without pre-authorization will be subject to a 50% restocking fee that will be deducted from any refund, if eligible.
If the box, 5-pack, tin, humidor, or accessory is unopened and visibly damaged, please notify us within 72 hours of delivery by phone (833-a-stogie) or email at rivercitycigarssd@gmail.com. A delay in notification may disqualify your return. Photo evidence is required for all cigars that are claimed damaged upon receipt. Photos can be emailed to rivercitycigarssd@gmail.com.
New, unopened boxes, 5-packs, tins or accessories may be eligible for a full refund less shipping charges.
If more than one cigar is missing from an open box, 5-pack or tin, the item will not be eligible for refund; the item may be eligible for a partial refund for the amount of cigars returned, less shipping charges.
Any cigars cut or smoked are not eligible for a refund.
Humidors that have been seasoned are not eligible for return.

If you have any questions or concerns regarding returns please contact River City Cigars by phone (833-278-6443) or email at rivercitycigarssd@gmail.com.

Refunds

Once we receive your returned Product, we will promptly inspect the Product. If the Product was eligible for a return, is in its original, resalable condition, and otherwise meets the conditions of this return policy, we will either (i) refund the price of the Product, less the original shipping and handling costs or, if the returned Product was delivered in error, we will (ii) ship the correct Product. Except for Products delivered in error, all returns are subject to a restocking fee. Restocking fees may vary by Product.

If your return has been accepted, unless you’ve opted to receive a replacement, we will credit your original payment method within thirty (30) calendar days after we’ve receipted the returned Products.

If your return was not accepted, either because the Products returned are not in resalable condition, were not eligible for returns, or were part of a bundle that was not returned to us, we reserve the right to decline to refund the price of the Product, or to accept the return and deduct from the refund the cost of reasonable repairs and repackaging, subject to applicable law.

Your refund will be credited back to the same payment method used to make the original purchase on the Website.

Other Terms

Your purchase of our Products is also subject to the terms of our Terms of Use and Privacy Policy. PLEASE NOTE THAT BY PLACING AN ORDER, YOU AGREE TO THOSE TERMS, INCLUDING BUT NOT LIMITED TO LIMITATIONS OF LIABILITY, DISCLAIMERS, A WAIVER OF JURY TRIALS AND A WAIVER OF CLASS ACTIONS.

River City Cigars customer service would be happy to assist you with any questions you may have. You can contact us at rivercitycigarssd@gmail.com or call 833-278-6443. Last revised: 03/15/2024.