LuxuryLegends.ch – Terms and Legal Mention
Access to and use of this website are regulated by these Terms and Conditions of use (hereinafter “T&C”). It is recommended to read these Terms and Conditions very carefully, as they indicate how to properly use the website http://www.luxurylegends.ch (the “Website”) and all its content.
For the purpose of this Terms and Conditions, a User is anyone accessing the Website and a Client is a User that place an order on the Website.
By clicking on any of the tobacco product links on the Website, the User is confirming that he is of legal age in his location of residence, and agrees that his age may be verified in available age verification databases. If the User is not of legal age, the use of the Website is prohibited.
User also agrees to comply with all applicable laws and regulations; including exports and re-exports control regulations. If User do not agree to these terms, they should not use this Website.
1. ABOUT LUXURY LEGENDS
Luxury Legends sagl (“Luxury Legends”), incorporated under the Swiss laws with its registered office at via San Siro 15A, 6963 Pergassona, Switzerland, registered with the Chamber of Commerce under number CHE-449.427.732.
2. ACCESS AND USE OF THE WEBSITE
Content of the website
Luxury Legends takes special care in maintaining this Website and its content. Luxury Legends is not liable for any direct or indirect damages resulting from the use of this Website and its content. Luxury Legends preserve the right to make changes or suspend access to this Website without any preliminary notification.
The Website may contain links to websites of third parties. Providing these links does not mean that Luxury Legends represents or approves of the content of these websites. Nor has Luxury Legends the ability to edit or to exercise influence on the content of these third party websites.
Access and Use of this Website
Luxury Legends is not responsible for temporary inaccessibility of the Website. Use of this website shall be solely restricted to lawful purposes. Prohibited use of this websites includes, but is not limited to: any manner of breaching applicable local, national or international law or regulation; transmitting data that contains viruses, Trojan horses, spyware, adware or other malicious code that could harm the Website or its Users; a denial-of service attack.
Luxury Legends preserves, in the light of the foregoing, the right to withhold access to the Website for any User at any time. We shall not hesitate to report this, when confronted with a case of unauthorized or unlawful use or access to the Website, to the competent authorities.
Linking to this Website shall be preceded by a formal request and permission, obtained from Luxury Legends. Unless written permission is obtained, User shall not associate itself with or claim endorsement from Luxury Legends.
The material contained on this Website may contain inaccuracies and typographical errors. Although Luxury Legends aims to provide correct information, imperfections or errors can always occur, for which Luxury Legends cannot be held responsible.
Luxury Legends does not warrant that the Website is not subjected to potentially harmful viruses or similar threats. It is the sole responsibility of the User of the Website to provide its device, by which it accesses the website, with the necessary protection, as well to be on guard for any unusual activity.
Luxury Legends is in no event responsible or liable for any direct or indirect damages or loss of any kind, arising out or in connection with the use of the Website. Visiting the Website is at your own risk. Luxury Legends assumes no liability for the content of external links. Users are exclusively responsible for the content of the linked sites.
Trademarks and Copyright
All information contained in the Website, all the trademarks featured in the Website, all programs and/or technologies provided in relation to the Website and, in general, all or part of the Website, and its related sites, are reserved and protected. The reproduction of trademarks and logos used in the Website is strictly prohibited. Users further agree not to copy, modify, translate, reproduce, disseminate, sell, publish, promote or spread in any way, in a different format, electronic or other type in all or in part the information (even partial) present on the website and the items purchased by it. The brand “LUXURY LEGENDS” is the exclusive property of Luxury Legends Sagl.
Our suppliers change packaging and look of their products (bands, boxes, tubes, etc.) from time to time and the changes may not always be reflected on our web Website. Luxury Legends cannot be held responsible for any typographical errors or image disparity on its web Website.
Luxury Legends reserve the right to reject or cancel any order for any reason. No order shall be binding on Luxury Legends until Luxury Legends accept, confirm, process and ship it.
Changes to orders will not be accepted once the order has been received by Luxury Legends.
The published price is expressed in Swiss Francs (CHF), inclusive of VAT, which is displayed at the time of the registration of the order. Luxury Legends Sagl reserves the right to modify its prices at any time.
The prices for each Product do not include delivery costs, which are detailed and calculated separately.
The price of products and delivery costs which are detailed on the Website and contained in the order do not provide for any eventual customs costs or taxes in the event that shipment should be made outside Switzerland.
Such costs are at the expense of the Client and must be paid directly at the time of delivery of the Products, according to the information contained in the order confirmation. In the event that payment is not made, the Client shall remain liable for such payment.
The payment of an order can be made by credit card, PayPal, or by bank transfer made in Swiss Francs (CHF) (contact us directly for information. Please note, all bank fees are to be paid by the Client.)
The Client represents and warrants that, if he purchases a product from Luxury Legends, (i) any credit card information he supplies is true, correct and complete, (ii) charges incurred by him will be honoured by his credit card company, and (iii) he will pay the charges incurred by him at the posted prices, including any shipping fees and applicable taxes.
Luxury Legends reserves the right to ask for more information with regards to Client’s credit cards.
The Client shall be obliged to inform Luxury Legends Sagl of any unusual or undue charge, via email to firstname.lastname@example.org as soon as it becomes aware, in order to allow Luxury Legends Sagl to carry out the necessary checks.
Conclusion of the contract
The sale and purchase contract is concluded only once Luxury Legends Sagl has received and processed the payment made by the Client. In the event that the payment has not been successful, the contract will be considered null and void.
All prices and other terms and conditions are subject to change until the order is confirmed by Luxury Legends.
Delivery costs shall be calculated from time to time based on the weight of the products purchased and on the destination Country. The delivery cost will be reported on the Website and the Client could view them before the conclusion of the contract for purchase and confirmation of the order, on the “Shipping Charges List” on the FAQ page.
Shipping will be provided by international postal or courier services and takes approx. between 7 to 20 business days to be delivered depending on the Client’s country and destination city. Delays can occur beyond Luxury Legend’s control for which Luxury Legends is not responsible, such as customs clearance delays, local postal errors, etc.
Please note that Luxury Legends does not ship tobacco products to certain countries (France and French territories, Monaco, Greece); the Products sold on the Website can be only purchased and shipped to the countries indicated during the placement of the order. Orders for shipment outside of the countries listed shall be automatically rejected during the order process. Please contact us for additional information.
Effectiveness and acceptance of terms of sale
The relationship between Luxury Legends Sagl and the Client is governed by Terms & Conditions published on the Website at the time of Clients’ purchase. The confirmation of the order by the Client constitutes the full and unconditional acceptance of the Terms and Conditions.
4. SALE OF TOBACCO PRODUCTS
Luxury Legends does NOT market or sell tobacco products to persons under the age of 18 (or the minimum age in Client’s local jurisdiction, whichever is higher).
Please be aware that by placing an order containing any tobacco products on this Website the Client swear and affirm under penalty of perjury that the Client is, or the person in hid order receiving the shipment of tobacco products from Luxury Legends, is at or over the legal age for consumption of tobacco in their country.
Surgeon general’s warning
Cigar Smoking is considered hazardous to health. Smoking Causes Lung Cancer, Heart Disease, Emphysema, and May Complicate Pregnancy. Smoking by Pregnant Women May Result in Foetal Injury, Premature Birth and Low Birth Weight. Cigar Smoke Contains Carbon Monoxide. Quitting Smoking Now Greatly Reduces Serious Risks to Health. Luxury Legends shall have no liability to you or any third party for adverse health effects from usage of tobacco products.
Tobacco importation and customs
Tobacco related laws differ from one country to another. There are countries where importation of tobacco products goods may be prohibited. By placing an order, the Client confirms that he knows the applicable laws pertaining to the purchase and importation of Cigars from abroad to his shipping address. As the purchaser of the cigars, the Client takes on full legal responsibility for bringing the cigars into his country.
Luxury Legends does not assume ANY RESPONSIBILITY for ANY DUTIES, TARIFFS, TAXES, CUSTOMS or BROKERAGE FEES, delayed shipments or any further inconveniences caused by domestic Customs offices. Luxury Legends is not in a position to be fully aware of all regulations pertaining to customs offices all over the world hence assumes that each Client is fully aware of the conditions and regulations applied by his domestic customs system.
GUARANTEE FOR LOST SHIPMENT
Delivery is guaranteed except for situations that arise from Client’s error such as:
- Wrong or insufficient address
- Address change due to relocation or a move
- Unsuccessful delivery due to customer not being present at the delivery address
- Assumed loss of the package(s) after delivery (package tracking shows delivered but the Client says he has not received the package)
The Client acknowledges that NO REFUND IS DUE if the package does not get delivered to the Client due to one of the above reasons.
In case of lost shipments due to all other reasons, Luxury Legends guarantees the reshipment of the order. The Client must, within 35 days of his order confirmation, submit their complaint to Luxury Legends Sagl by email at email@example.com. Luxury Legends Sagl will carry out the necessary checks and will provide the Client with a response within 15 business days.
International postal protocol considers a package lost one month after the shipping date, therefore replacements will be sent after this time if the package cannot be located.
Guarantee for damage or delivery of product different from the one ordered
In case of damage or delivery of product different from the one ordered, the Client must within 48 hours of receipt of product, submit their complaint to Luxury Legends Sagl by email at firstname.lastname@example.org.
Luxury Legends Sagl will carry out the necessary checks and will provide the Client with a response within 15 business days.
All return packages must be authorized by Luxury Legends prior to shipping; Luxury Legends will provide the Client with an RMA (Return Merchandise Authorization) and instructions on how to proceed.
The Client must provide Luxury Legends with a tracking number in 2 business days after sending the package(s). The Client must comply with Luxury Legends’ instructions for shipping back. At reception Luxury Legends will perform a replacement delivery at its own cost. If the Client is entitled to a refund for a damaged shipment or a lost package by Luxury Legends, the amount will be credited to the customer’s account to be used for future orders.
This clause only applies to products that are returned to Luxury Legends Sagl in their original packaging (original bands, cellophane sleeves, tubes, or other “individual” packaging still intact) and undamaged.
For cigars, coloration or taste do not qualify as reasons for a return, so if the Client is not sure of what product he wishes to buy, the Client should contact Luxury Legend for advice or information before ordering.
Luxury Legends assures that all products are authentic and they have passed all the necessary measures to make sure they match the details that are provided in the Website on the time the order was processed.
In the unlikely event the product does not correspond to his expectation, the Client must notify Luxury Legends within 7 days of receipt of product. The Client must comply with Luxury Legends’ instructions for shipping back.
All return packages must be authorized by Luxury Legends prior to shipping; Luxury Legends will provide the Client with an RMA (Return Merchandise Authorization) and instructions on how to proceed. All the return-shipping costs are borne by the Client.
The Client must provide Luxury Legends with a tracking number in 2 business days after sending the package(s).
At reception Luxury Legends will perform a replacement delivery at its own cost or offer a refund.
The refund is only issues to the credit card used for payments or to the name and address where the money order was remitted.
Luxury Legends require at least 98% of the product to be returned within a 5 business day of delivery.
Returns for cigars will only be accepted with original bands, cellophane sleeves, tubes, or other “individual” packaging still intact.
Luxury Legends Sagl does not accept any liability for the improper and incorrect use of the Products by the Client. Luxury Legends Sagl is not liable for the condition of the Products, due to improper storage after delivery. Please read the instructions for use contained on the packaging or contact Luxury Legends Sagl for any assistance regarding the storage of certain products.
The Client accepts all responsibility and expressly indemnifies Luxury Legends Sagl for any damages, whether direct or indirect, penalties (also pecuniary) or prejudicial consequences that might arise from the purchase of Products in violation of local regulations in your country, including for example, bans or import restrictions for certain types of product (e.g. cigars or tobacco in general). Liability for the purchase of Products on the Website is at the sole risk of the Client.
Luxury Legends Sagl may not in any way be held liable for any additional costs, taxes or customs fees of any kind attributable to the Client in accordance with local regulations in force in the country of the Client.
In no event shall Luxury Legends, its subsidiaries, or affiliates, or their respective officers, directors, employees, representatives, or agents be liable for direct, special, incidental, consequential, punitive, or indirect damages (including but not limited to, loss of data, use, or profits), however caused, whether for breach of contract, negligence, or otherwise, and whether or not the Client has been advised of the possibility of any such damages. The Client agrees that the Luxury Legends’ and its parties’ maximum liability arising from any product sold shall not exceed the price of such product. Some jurisdictions do not allow the limitation of exclusion of liability for certain damages so the above limitations and exclusions may not apply to Client to the extent such jurisdictions law is applicable to this agreement.
Any failure or delay in exercising any right under these Terms and Conditions, any single or partial exercise of any right under these Terms and Conditions and any partial reaction or absence of reaction by a Party in the event of a violation by the User of this Website of one or more provisions of these Terms and Conditions, shall not operate or be interpreted as a waiver (either express or implied, in whole or in part) of Luxury Legend’s rights under these Terms and Conditions, nor shall it preclude any further exercise of any such rights. Any waiver of a right must be express and in writing. If there has been an express written waiver of a right following a specific failure by Luxury Legends, this waiver cannot be invoked in favor of a new failure, similar to the prior one, or in favor of any other kind of failure.
Whenever possible, the provisions of these Terms and Conditions shall be interpreted in such a manner as to be valid and enforceable under the applicable law. However, if one or more provisions of these Terms and Conditions are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of these Terms and Conditions shall remain in full force and effect as if such invalid, illegal or unenforceable provision had never been contained herein.
Governing Law and jurisdiction
All disputes arising from the validity, interpretation, enforcement and performance of these Terms and Conditions shall be governed by and construed in accordance with Swiss law and shall be submitted to the jurisdiction of the courts of Lugano, Ticino.
This Terms and Conditions are subject to change without notice.
7. PRIVACY NOTICE
This privacy notice discloses the privacy practices for LuxuryLegends.ch. This privacy notice applies solely to information collected by this website. It will notify you of the following:
What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
For any further assistance, comments or recommendations, please contact us at email@example.com