Terms of Service

Overview

Welcome to PandaCigar! "We," "our," and "us" refer to PandaCigar. PandaCigar operates this store and website, including all related information, content, functionality, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Service"). PandaCigar is powered by Shopify, which enables us to provide you with the Services.

The following specific terms of service, together with any policies referenced in these terms of service (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the services.

Please read these Terms of Service carefully as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [link] . If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

Section 1 - Access Rights and Accounts 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and you consent to us allowing any of your minor family members to use our Services on devices that you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide on our store is accurate, complete, and current, and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and all your account activity. You may not transfer, sell, assign, or permit any other person to use your account.

SECTION 2 - OUR PRODUCTS

We have made every effort to accurately represent our products and services in our online store. However, please note that due to the type of device you use to access the store and your device settings and configurations, the actual colors or product appearance displayed may differ from what you see on your screen.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be exactly as described or represented in our online store.
All product descriptions are subject to change without notice. We reserve the right to discontinue any product at any time and to limit the quantity of any product that we provide to any person, geographic area, or jurisdiction, as appropriate.

Section 3 - Orders 

Your act of placing an order constitutes an offer to purchase. PandaCigar reserves the right, in its sole discretion, to accept or reject your order for any reason. Your order is not accepted until PandaCigar confirms its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it; once an order has been accepted, PandaCigar may not be able to cancel it. If we do not accept, make a change to, or cancel your order, we will attempt to notify you via the email, billing address, and/or phone number you provided when placing your order.
Your purchase may be returned or exchanged only in accordance with our Refund Policy [link].
You represent and warrant that you are purchasing the Products for your personal or household use and not for any commercial resale or export.

Section 4 - Prices and Billing 

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time your order is placed and will be included in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs, or import charges.
The prices posted in our online store may differ from prices offered in brick-and-mortar stores or online or other stores operated by third parties. We may occasionally offer promotional offers on the Services that may affect pricing. Promotional offers are governed by separate terms of service that are separate from these Terms. If there is a conflict between the promotional terms and these Terms, the promotional terms will control.
You agree to provide complete, accurate, and current purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are authorized to use the credit card to make the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the posted prices, including shipping and handling charges and all applicable taxes, if any, for any charges you incur.

Section 5 - Shipping and Delivery 

We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delivery delays caused by the carrier, customs processing, or events beyond our control. Title and risk of loss pass to you immediately upon our transfer of the product to the carrier.

Section 6 - Intellectual Property 

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by PandaCigar, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. You may not copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other right under any patent, trademark, copyright, or other intellectual property right of PandaCigar, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. PandaCigar reserves all rights not expressly granted herein.
The PandaCigar name, logo, product and service names, designs, and slogans are trademarks of PandaCigar or its affiliates or licensors. You may not use such trademarks without PandaCigar's prior written permission. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans used in the Service are the trademarks of their respective owners.

Section 7 - Optional Tools 

As part of the Service, you may be provided with access to customer tools provided by third parties over which we have no monitoring, control or involvement.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We assume no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also offer new features through the Service in the future (including the release of new tools and resources). Such new features shall also be considered part of the Service and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS 

The Services may contain hyperlinks to materials and websites (including any embedded third-party features) provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our Services and access those materials or third-party websites, you do so at your own risk. 
We are not responsible for any harm or damages arising from your visit to any third-party websites or your purchase or use of any products, services, resources, or content available on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand their specific requirements before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

Section 9 - Relationship with Shopify

PandaCigar is powered by Shopify, which enables us to provide our services to you. However, all sales and purchases you make on our store are conducted directly through PandaCigar. By using the services, you acknowledge and agree that Shopify is not responsible for any aspects of any sales transactions between you and PandaCigar, including any injuries, damages, or losses resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to purchases and transactions between you and PandaCigar.

SECTION 10 - PRIVACY POLICY 

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [link], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here . By using the Services, you acknowledge that you have read these privacy policies.
Because the Service is hosted by Shopify, Shopify collects and processes personal information about your visits to and use of the Service in order to provide and improve the Service. Information you submit to the Service will be transferred to and shared with Shopify and third parties, who may be located in countries other than your own, to provide the Service. Please review our Privacy Policy [link] for more information on how we, Shopify, and our partners use your personal information.

Section 11 - Feedback 

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans or other content (collectively, "Feedback"), you grant us a worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any media for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, enhance, improve and promote the Service, and to perform and exercise our obligations and rights under these Terms of Service.
You also represent and warrant that: (i) you own or have all rights necessary to submit any Feedback; (ii) you have disclosed any compensation or incentive received for submitting Feedback; and (iii) your Feedback will comply with these Terms. We are and will have no obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your feedback will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any feedback. You are solely responsible for any feedback you submit and its accuracy. We take no responsibility and assume no liability for any feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS 

In rare cases, there may be information on or within the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order) if any information is inaccurate.

Section 13 - Prohibited Uses You may access and use the Services only for lawful purposes. You may not access or use the Services, whether directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (c) to infringe or damage our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not conform to these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone from using or enjoying the Services, or that, as determined by us, may harm PandaCigar, Shopify, or users of the Services or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service; (c) collect or track the personal information of others; (d) engage in bulk spamming, phishing, baiting, pretexting, crawling, crawling, or scraping; or (e) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any provision of these Terms.

Section 14 - Termination 

We may terminate this Agreement or your access to the Services (or any part thereof) at any time without notice in our sole discretion and you will remain liable for all amounts due up to and including the date of termination. 
The following terms will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnity, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other terms that by their nature should survive termination.

SECTION 15 - DISCLAIMER 

The information provided on or through the Service is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents. 
EXCEPT AS EXPRESSLY PROVIDED BY PandaCigar, THE SERVICE AND ALL PRODUCTS AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS," "AS AVAILABLE," FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 16 - Limitation of Liability 

To the maximum extent permitted by law, in no event shall PandaCigar, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or SHOPIFY and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Section 17 - Indemnification 

You agree to defend, indemnify, and hold harmless PandaCigar, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys' fees, payable to any third party due to or arising out of or in connection with: (1) your breach of these Terms of Service or the documents incorporated herein by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will provide you with notice of any indemnifiable claim, and any failure to provide prompt notice will not relieve you of your indemnification obligations unless it would materially harm you. We may control the defense and settlement of any such claim at your expense, including selection of counsel, but we will not settle any claim that would incur a non-monetary obligation on your part without your consent, which will not be unreasonably withheld. You will be required to cooperate in the defense of any indemnifiable claim, including by providing relevant documents.

Section 18 - Severability 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT 

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in these Terms of Service shall not be construed against the drafting party.

Section 20 - Assignment 

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any attempt to do so will be void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 21 - GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal, state, or district courts located in the judicial district in which PandaCigar maintains its headquarters. You and PandaCigar consent to venue and personal jurisdiction in such courts.

Section 22 - Headings

The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.

Section 23 - Changes to Terms of Service 

You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to monitor our website periodically for possible changes. We will notify you of any material changes to these Terms in accordance with applicable law, and the changes will be effective on the date specified in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION 

Questions regarding these Terms of Service should be directed to us at info@pandacigar.com.