Our Policies

Terms of Use

Last updated on May 8, 2020.

WARNING: Cigar use while pregnant can harm you and your baby.

This website is for individuals above the age of 21. Individuals below the age of 21 are not allowed to access this website. Only individuals above the age of 21 are allowed to purchase from this website

Introduction

Welcome, and thank you for visiting us here at monterocigars.com, an online service that is hosted on Shopify Inc. They provide us with the online e-commerce platform that then allows us to sell our products and services to you all. It is imperative that you read these terms carefully before using this website, and any other online services, software or apps which are owned and operated by Montero 1939 Manufacturing, LLC. Throughout monterocigars.com, the terms “we”, “us”, “our”, and “Company” refers to Montero Cigars, or otherwise connected thereto (collectively, the “website” or “service”). By visiting or otherwise using monterocigars.com in any manner, you agree to the then posted Terms, to be bound by them, and that you have read and understood them and represent you are twenty-one (21) years of age or older. You also acknowledge, agree and consent to our data practices as described in our Privacy Policy. These Terms affect your legal rights, responsibilities and obligations and govern your use of monterocigars.com, are legally binding, limit Company’s liability to you and require you to indemnify us and to settle certain disputes as stated in the following sections. If you do not wish to be bound by these Terms do not use monterocigars.com and uninstall monterocigars.com downloads and applications. Supplemental terms and conditions or documents that may be posted on monterocigars.com from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of monterocigars.com after the date such revised Terms of Use are posted. The information provided on monterocigars.com is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access monterocigars.com from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. monterocigars.com is a division of Montero Cigars 1939 Manufacturing, LLC. All terms on this website identifying monterocigars.com, pertain to Montero Cigars 1939 Manufacturing, LLC.; as do all terms on this website identifying Montero Cigars 1939 Manufacturing, LLC, pertain to monterocigars.com. You must be 21 or older to participate in the MonteroCigars.com website. Prior to, and as a condition of your participation, you (hereinafter You or Yours or User) must agree to abide by the monterocigars.com Terms of Use By browsing any area of this website, you are accepting these Terms. You may review these Terms at any time by clicking on our Policies tab on the top of our homepage.

monterocigars.com reserves the right to offer in the future the ability to buy, sell or trade goods and services. This ability to buy, sell or trade goods and services is available only to individuals who can form legally binding contracts under applicable law. This excludes in all cases minors (persons who have not reached their twenty-first birthday).

monterocigars.com reserves the right to modify the Terms of Use at any time and without prior notice to its Users. We may add to, change, delete or end our or Your use of our service at any time. monterocigars.com may be temporarily unavailable from time to time for maintenance or other reasons.

monterocigars.com cannot and does not control the behavior of the participants on this website. monterocigars.com does not assume responsibility for the content or context of the user comment areas and will not remove or edit postings to the public comments areas once they are entered into monterocigars.com, except to expire records or at our sole discretion.

The monterocigars.com service may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may not use any information on our website without the prior written consent of monterocigars.com.

Your use of this website constitutes the grant of a license, NOT a transfer of title, and under this license you may not: (a)modify or copy the materials; (b)use the materials for any commercial purpose, or for any public display (commercial or non-commercial); (c)attempt to decompile or reverse engineer any software contained on this website; (d) remove any copyright or other proprietary notations from the materials; or (e) transfer the materials to another person or “mirror” the materials on any other server.

monterocigars.com prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, profane or sexually explicit language that include masking or misspelling the words, or images that would be illegal in any jurisdiction. It is Your responsibility, and you agree to comply with all requirements, legal or other. Additional prohibitions include U.R.L. (Universal Resource Locator) or hyperlinks within a posting or image, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements ("SPAM"). Further, monterocigars.com strictly prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Although all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.

monterocigars.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the monterocigars.com service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited.

Additionally, monterocigars.com prohibits the use of another Internet service to send or post SPAM to drive visitors to Your website hosted on or through monterocigars.com systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party.

If monterocigars.com, in its sole discretion, has determined that a violation of the Terms of Use taken place, then, monterocigars.com may pursue any of its legal remedies, including, but not limited to, the immediate deletion of any offending material from its website, cancellation of Your account and /or the exclusion of any person(s) who may have violated any Terms of Use. Additionally, monterocigars.com could pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. monterocigars.com will cooperate with any investigation by any Federal, State, or Local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to You. If monterocigars.com believes in its sole discretion that any user content or involvement with the website may create liability for monterocigars.com, then, monterocigars.com may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, monterocigars.com reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.

User understands and agrees that monterocigars.com may also, in its sole discretion, add or delete fees associated with the Company.

DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE monterocigars.com IS AT USER'S SOLE RISK. THE monterocigars.com IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. Furthermore, monterocigars.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

monterocigars.com MAKES NO WARRANTY THAT monterocigars.com WILL MEET USER'S REQUIREMENTS, THAT monterocigars.com WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES monterocigars.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF monterocigars.com OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM monterocigars.com.

USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH monterocigars.com IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM USE OF THE WEBSITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM monterocigars.com OR THROUGH OR FROM THE monterocigars.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY. USER AGREES THAT NEITHER monterocigars.com NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE monterocigars.com OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM monterocigars.com OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO monterocigars.com, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF monterocigars.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT monterocigars.com SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF monterocigars.com, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT monterocigars.com SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF monterocigars.com. In sum, in no event shall monterocigars.com total liability to You for all damages, losses, and causes of action exceed the amount paid by You to monterocigars.com, if any, that is related to the cause of action.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your postings. For the purpose of this Agreement, "User Data'' shall mean all information (if any) submitted by You, (the "User") to monterocigars.com with the exception of credit card numbers, checking account numbers, etc. "Individually Identifiable User Data '' shall mean that subset of "User Data '' which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of monterocigars.com. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.

No Resale or Unauthorized Commercial Use. You agree not to resell or assign Your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of monterocigars.com.

Others' Information. You agree not to make use of anyone else's Information other than as necessary to participate in monterocigars.com and to promptly complete any monterocigars.com transactions in which You are involved.

No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between monterocigars.com and any User of monterocigars.com.

Notice. Any notice to You or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms of Use or other matters related to monterocigars.com by displaying notices to Users on monterocigars.com.

This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.

These Terms of Use and the relationship between User and monterocigars.com shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. User and monterocigars.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Miami-Dade, Florida.

The failure of monterocigars.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect.

User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of monterocigars.com or the these Terms of Use must be filed within six (6) months after such claim or cause of action arose or be forever barred.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
Notice: The monterocigars.com website is originally written in North American English, specifically English spoken in the United States of America. monterocigars.com is not responsible nor are we liable for any mistakes, errors, grammatical errors, typographical errors, or misinterpretations of the given translations of any language other than American English (U.S. English).

Photos: No pictures, Videos, or Images of Anyone Other Than Adults and With Permission are allowed

If you make the decision of submitting photos to monterocigars.com, link to embedded videos, or include other images of real people, then make sure everyone is at least twenty-one (21) years of age and that the pictures are of you or someone you know that has given their expressed consent of having their picture, link, video, or image submitted.

Third-Party Services

We are not responsible for third parties or their content, advertisement(s), apps or sites. If, for example, portions of monterocigars.com may be integrated into or linked to third-party sites, platforms and apps that we do not control. Similarly, we may make ads and third-party content or services, which we also may not control, available to you on or via monterocigars.com. This may include the ability to register or sign in to our website using Facebook Connect or other third-party tools, and to post content on third-party sites and services using their plug-ins made available on our services. Use caution when dealing with third parties and consult the privacy policies and terms of use of third-party services.

Restrictions of Usage

You are now agreeing that you will not: (i) use monterocigars.com for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” using any Intellectual Property; (iii) engage in any activities through or in connection with monterocigars.com that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party, or are otherwise objectionable to Company; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of monterocigars.com by any means whatsoever or modify any Company source or object code or any Software or other products, services, or processes accessible through any portion of the Company; (v) engage in any activity that interferes with a user’s access to monterocigars.com or the proper operation of the Company, or otherwise causes harm to the Company, or other users of the Company; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the content, or the UGC (User-Generated Content); (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms.

Availability of Service and Content

Company, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or content (and any elements and features of them), in whole or in part, for any reason, in Company’s sole discretion, and without advance notice or liability.

Website Management

monterocigars.com reserves the right; however, not the obligation, to: (a) monitor the website for violations of these Terms of Use; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the the website.

Why must one's age be verified?

As previously mentioned, this website is not intended for individuals under the age of 21 years old. If you are under 21 years old, you are prohibited from using this website. An individual's age must be verified AND confirmed in order for an order to be approved and a product to be shipped. We strictly abide by the regulations of the FDA, ATF, along with State and Federal laws. We are committed to only selling our products to adults who are of legal age in their state. We have partnered with BlueCheck, Inc to assure that you are of legal age to purchase tobacco.

How does BlueCheck Age Verification work?

BlueCheck gathers the information given by the individual themselves when having completed the pages registration. This information acquired is what is required to verify the customers age. The customer's data is then compared against billions of records in the database. This process is extremely quick, and very capable of verifying the ages of the majority of the clientele. If after these steps there seems to be no match found for the customers age, then they will be prompted to complete another method of verification in order to continue to shop the website. Alternative ways of proving their age if no match is found in the database would be through the utilization of the last four digits of their Social Security, and/ or uploading a Photo ID. Once the customers age has been verified, these returning customers are instantly recognized and will NOT need to undergo this process again.

What would occur if I fail the age verification process with BlueCheck?

A small percentage of customers fail the verification process, usually due to limitations in the age verification database, or due to the customer being located outside of the USA. In these instances, we will contact you to verify your identity or age manually. To do so we will require a copy of your driver’s license, or other government-issued ID, to verify your identification.

Security

We guarantee you that every transaction you will make on the website will be 100% safe. Our secure server software (SSL) is the industry standard and among the best software available today for secure commerce transactions. Encrypting your personal information, including credit card number, name and address, so that it cannot be intercepted and read at any point. Security processes are routinely upgraded to implement the latest of processes and technologies available for the purposes of data security. Your information privacy is of extreme importance to us, and we take extra efforts to guarantee this commitment. We employ independent security services that monitor the web site, 24 hours a day 365 days a year to alert us of any breaches that may occur.

Intellectual Property Rights

Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the website “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the website, you are granted a limited license to access and use the website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the website, the Content and the Marks. Failure to abide by these terms will be subject to legal action under U.S State and Federal law.

User Registration and User Representation

You may be required to register with the website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. By using the website, you represent and warrant that: (i) all registration information you submit will be true, accurate, current, and complete; (ii) you will maintain the accuracy of such information and promptly update such registration information as necessary; (iii) you have the legal capacity and you agree to comply with these Terms of Use; (iv) you are not a minor in the jurisdiction in which you reside; (v) you will not access the website through automated or non-human means, whether through a bot, script, or otherwise; (vi) you will not use the website for any illegal or unauthorized purpose; and (vii) your use of the website will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).

Sales Tax

Items sold by monterocigars.com and its subsidiaries may be subject to state and local taxes when they are purchased and/or shipped to select locations in the United States and its territories. We adhere to all Federal & State restrictions on Tobacco Sales, including online taxes in the areas in which they would apply. Taxes, as they are displayed on monterocigars.com, are a combined rate that will include relevant State, County, & City Tax Rates as they apply. Tax rates are based on the delivery address, not the billing address, and may vary due to the type of items being purchased.

Prohibited Uses

You are prohibited from using the website or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of monterocigars.com or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of monterocigars.com or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.

Governing Law

These Terms of Use and your use of the website are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.

Dispute Resolution

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Miami-Dade County, FL, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the website be commenced more than one (1) years after the cause of action arose.

Signatures, transactions, and submissions and or communications made electronically

Visiting the website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Payments

We accept all major Credit Card and Debit cards if they have the logos of (Visa, Mastercard, Discover and American Express). WE DO NOT ACCEPT E-CHECKS ( If you wish to pay with a Money Order, Company Check or Cashier Check please make it Payable to the name below and mail to that address as well:

Montero Cigars

7969 NW 2nd St

Miami, FL 33126

Phone: 1-855-834-8376

** If you are mailing such a payment type please make sure to include your name, address, phone and email and item code and quantity.

** Please understand that if your chosen payment method is a Money Order, Cashier Check, or Company Check, that your product will not be shipped until payment is received and goes through.

Users Data

We will maintain certain data that you transmit to the website for the purpose of managing the performance of the website, as well as data relating to your use of the website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Freshness Guarantee

We take quality control very seriously. All the cigars we ship are shipped either in sealed boxes or, in case of single sticks and 3-packs, or 5-packs, in properly sealed bags. Most cigars in our samplers are super-premium cigars and we do everything to guarantee freshness upon arrival. All Montero Cigars orders are shipped from our state-of-the-art climate controlled warehouse in Florida. And all the cigars are hermetically packed in humidity sealed-in zip-loc with patented WATER-PILLOW packets inside the package to guarantee freshness. With that said please let me add that shipping individual cigars to the pacific north-west by GROUND service is not recommended, especially in the summer By exposing the cigars to the hot conditions in regular postal service or U.P.S. trucks we sacrifice all of the benefits described above. We strongly recommend purchasing the cigars in the ORIGINAL box that was packed and sealed at the factory, and ship cross country by AIR not by ground.

California Residents and Users

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the website or in respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Contact Information:

Montero Cigars

7969 NW 2nd St

Miami, FL 33126

Phone: 1-855-834-8376

Email: monterocigars@gmail.com

Please help us keep the monterocigars.com site an enjoyable experience for all Users. If you observe material or behavior that may violate one of the Company Terms of Use, please contact us here at monterocigars.com.

Privacy Policy

Last updated on May 8, 2020.

Introduction

Thank you for visiting monterocigars.com, an online service ( e.g. , website or mobile app), that posts a link to this Privacy Policy ( “Service” ) that is owned and operated by Montero 1939 Manufacturing, LLC (referred to herein as “ Company ”, “ we ”, or “ our ”). This Privacy Policy will provide you with information as to how Company collects, uses, and shares information about you, including the choices Company offers with respect to that information, and applies to your use of any service, regardless of how you access or use it. It does not apply to Company’s data collection activities offline or otherwise outside of the Company (unless otherwise stated below or at the time of collection). For certain services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.

By visiting or otherwise using monterocigars.com, you agree to the Company’s Terms of Use and Terms and Conditions and consent to Company’s data collection, use, and disclosure practices, and other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the website. If you do not agree and consent, please discontinue use of the website, and uninstall Company downloads and applications.

**Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

INFORMATION WE COLLECT

We collect personal information that you voluntarily provide to us when registering at the website expressing an interest in obtaining information about us or our products and services, when participating in activities on the website or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the websites, the choices you make and the products and features you use. The personal information we collect can include the following:

Contact Information

We collect your first and last name, date of birth, email address, postal address, phone number, and other similar contact data. Complete details on each type of Contact Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using the website. Unless specified otherwise, all Data requested by the website is mandatory and failure to provide this Data may make it impossible to provide its services. Users who are uncertain about which Personal Data is mandatory are welcome to contact us using the information found at the bottom of this page.

Credentials

We collect passwords, password hints, and similar security information used for authentication and account access.

Payment Information

We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions.

Information collected AUTOMATICALLY

We automatically collect certain information when you visit, use or navigate monterocigars.com. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our website and other technical information. This information is primarily needed to maintain the security and operation of our website, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies.

What is a Cookie?

A cookie is a small text file that is stored on a user’s device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the website and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the website, and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the website may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML5 cookies are locally stored on your device other than in the browser and browser settings won’t control them.

Embedded Scripts

An embedded script is programming code designed to collect information about your interactions with the Company. It is temporarily downloaded onto your computer from Company’s web server, or from a third-party with which Company works, and is active only while you are connected to the website, and deleted or deactivated thereafter.

Web Beacons

Web beacons are small graphic images, also known as “Internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the website, to monitor how users navigate the website, and to count content views.

Location-identifying Technologies

GPS (global positioning systems) software, geo-filtering and other location-aware technologies locate (sometimes precisely) you, or make assumptions about your location, for purposes such as verifying your location and delivering or restricting content based on your location. If you have enabled GPS or use other location-based features on the website, your device location may be tracked.

Fingerprinting

Collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.

Device Recognition Technologies.

Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use ( e.g. , Facebook ID), which attempt to recognize or make assumptions about users and devices ( e.g. , that a user of multiple devices is the same user or household) (“ Cross-device Data ”).

In-App Tracking Methods.

There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifiers, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps and/or devices.

**Some information about your use of the website and certain Third-Party Services may be collected using Tracking Technologies across time and services, and used by Company and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the website and certain Third-Party Services.

Information obtained from other sources

We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties. Examples of the information we receive from other sources include: social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).

Information Storage Location

Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Company to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Company using the information provided in the contact section.

HOW IS YOUR INFORMATION USED?

We use personal information collected via our website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests ("Business Purposes"), in order to enter into or perform a contract with you ("Contractual"), with your consent ("Consent"), and/or for compliance with our legal obligations ("Legal Reasons"). We indicate the specific processing grounds we rely on next to each purpose listed below:

**We use the information we collect or receive:

→ To send you marketing and promotional communications for Business Purposes and/or with your Consent. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time.

→ To send administrative information to you for Business Purposes, Legal Reasons and/or possibly for Contractual. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

→ Fulfill and manage your orders for Contractual reasons. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through monterocigars.com.

→ Deliver targeted advertising to you for our Business Purposes and/or with your Consent. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

→ Request Feedback for our Business Purposes. We may use your information to request feedback and to contact you about your use of monterocigars.com.

→ To protect our website for Business Purposes and/or for Legal Reasons. We may use your information as part of our efforts to keep our website safe and secure (for example, for fraud monitoring and prevention).

→ To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and/or possibly Contractual.

→ To respond to legal requests and prevent harm for Legal Reasons. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

→ For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites, products, services, marketing and your experience.

WILL THE INFORMATION YOU PROVIDED BE SHARED WITH ANYONE?

** We only share and disclose your information in the following situations:

Compliance with Laws

We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests and Legal Rights

We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

Vendors, Consultants and Other Third-Party Service Providers

We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts.

We may allow selected third parties to use tracking technology on the website, which will enable them to collect data about how you interact with the website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity.

Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

Business Transfers

We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Everything Done With Your Consent

We may disclose your personal information for any other purpose with your consent.

ARE THIRD-PARTY APPLICATIONS ON OUR WEBSITE?

Location Based Advertising

The website may collect, use, and share User location Data in order to provide location-based services.

Most browsers and devices provide tools to opt out from this feature by default. If explicit authorization has been provided, the User’s location data may be tracked by this website.

Advertising

This type of service allows User Data to be utilized for advertising communication purposes displayed in the form of banners and other advertisements on this website, possibly based on User interests.

This does not mean that all Personal Data is used for this purpose. Information and conditions of use are shown below.

Some of the services listed below may use Cookies to identify Users or they may use the behavioral retargeting technique, i.e. displaying ads tailored to the User’s interests and behavior, including those detected outside this website. For more information, please check the privacy policies of the relevant services.

In addition to any opt out offered by any of the services below, the User may opt out of a third-party service's use of cookies by visiting the Network Advertising Initiative opt-out page.

Contacting The User

By registering on the mailing list or for the newsletter, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning this website. Your email address might also be added to this list as a result of signing up to this website or after making a purchase.

Personal Data collected: email address, first name, last name and ZIP/Postal code.

Content Displayed From External Platform

This type of service allows you to view content hosted on external platforms directly from the pages of this website and interact with them.

This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.

Payment Managing

Payment processing services enable this website to process payments by credit card, bank transfer or other means. To ensure greater security, this website shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction.

Some of these services may also enable the sending of timed messages to the User, such as emails containing invoices or notifications concerning the payment.

Authorize.Net

Authorize.Net helps make it simple to accept electronic and credit card payments in person, online or over the phone.

As a leading payment gateway, Authorize.Net is trusted by more than 430,000 merchants, handling more than 1 billion transactions and $149 billion in payments every year.

Since 1996, Authorize.Net has been a leading provider of payment gateway services, managing the submission of billions of transactions to processing networks on behalf of merchant customers. Authorize.Net is a wholly owned subsidiary of Visa (NYSE: V).

Click to see the Authorize.Net | A Visa Solution Privacy Policy.

Infrastructure Monitoring

This type of service allows this website to monitor the use and behavior of its components so its performance, operation, maintenance and troubleshooting can be improved.

Which Personal Data are processed depends on the characteristics and mode of implementation of these services, whose function is to filter the activities of this website.

Live Chat Platform Interactions

This type of service allows Users to interact with third-party live chat platforms directly from the pages of this website, for contacting and being contacted by this website support service.

If one of these services is installed, it may collect browsing and Usage Data in the pages where it is installed, even if the Users do not actively use the service. Moreover, live chat conversations may be logged.

Shopify Chat

Shopify Chat is a free sales channel made by Shopify that gives your visitors a seamless way to contact you. Effortlessly setup and customize a chat button that will appear on your online store.

Click to see the Shopify Chat Privacy Policies.

Apple Business Chat

You can ask for information, schedule appointments, and even make purchases right in Messages on your iPhone or iPad.

Click to see the Apple Privacy Policies.

Analytics

This type of service helps the Owner to manage the tags or scripts needed on this websiteSite in a centralized fashion.

This results in the Users' Data flowing through these services, potentially resulting in the retention of this Data.

HOW LONG IS YOUR INFORMATION KEPT?

Personal Data collected for purposes related to the performance of a contract between the Company and the User shall be retained until such contract has been fully performed.

Personal Data collected for the purposes of the Company’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Company within the relevant sections of this document or by contacting the Company.

The Company may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Company may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted after a period of 18 months. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

HOW IS YOUR INFORMATION KEPT SAFE?

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our websites is at your own risk. You should only access the services within a secure environment.

We use Secure Socket Layer SSL which is an industry standard encryption method to protect the information you send to us via monterocigars.com.

HOW CAN I SEE THE INFORMATION YOU HAVE ABOUT ME?

When you place an order with our company, an account is created with the same information you provided except for the credit card. That information is stored in our secure server for faster ordering next time. If you want to see the information, we have about you, you can simply log into your account.

HOW IS INFORMATION COLLECTED FROM MINORS?

We do not knowingly solicit data from or market to children under 18 years of age. By using monterocigars.com, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at monterocigars@gmail.com.

YOUR PRIVACY RIGHTS

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

Log into your account settings and update your user account. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Opting out of Email Marketing

You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:

Access your account settings and update preferences.

Note your preferences when you register an account with the website.

SPECIFIC RIGHTS FOR CALIFORNIA RESIDENTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the websites, you have the right to request removal of unwanted data that you publicly post on the website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the website, but please be aware that the data may not be completely or comprehensively removed from our systems.

UPDATES MADE TO THIS PRIVACY POLICY

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by posting a notification of an update on this page.

We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

UPDATES MADE TO THIS POLICY

We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA COLLECTED FROM YOU?

Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances.

In order to make a request to update, review or delete any of your personal information, please submit a request form by emailing us at monterocigars@gmail.com. We will respond within 15 business days of receiving the request.

CONTACT INFORMATION FOR ANY QUESTIONS ON POLICY

Montero Cigars

7969 NW 2nd St

Miami, FL 33126

Phone: 1-855-834-8376

Email: monterocigars@gmail.com

SHIPPING POLICY

Last updated on May 8, 2020.

**How UPS is responding to the Coronavirus: https://www.ups.com/us/en/about/news/important-updates.page

REGARDING DELIVERIES

In the event that an item is out of stock, delivery times may take longer. We will always notify you by email or your preferred method of contact.
NOTICE: We only despatch goods to the billing address of the card holder which will require signature upon receipt.
Goods ordered may be subject to the customs fees and import duties of the country to which you have your goods shipped. The customer or receiver of the goods will be liable for any such fees. monterocigars.com are not liable for these fees, nor will they accept returns as a result of these fees. All other conditions of sale apply. If you have any questions or comments about our conditions of sale, you should email us at monterocigars@gmail.com.

SHIPPING POLICIES

WE DO NOT SHIP ON WEEKENDS.
All claims must be received no later than 15 days after the shipment date.
Shipping to P.O. Boxes is not allowed.
Shipping time frame starts (and we send the order) after the customers age is verified by Bluecheck age verification. Customers for first time orders must send ID, once the customers ID is sent and verified by us and their age is verified by Bluecheck age verification then we will send the package (Note Deliver time frame starts after all verifications ID and Age Verification). Allow for 24-48 business hours for processing after complete verification.
Please allow 24-48 business hours for processing.
We are not responsible for any extra charges caused by the customs department/agency of the customers country (determined by shipping address).
Estimated time of arrival starts from the date the order is shipped.
UPS does not deliver on Weekends or Holidays.
UPS does not deliver to P.O.Boxes.
USPS does not deliver on Holidays.
All Shipping prices will be displayed at the Checkout Page.
You will receive an email confirmation once the order is shipped containing the tracking number.
Please allow up to 48 hours for the tracking number to register with the shipping carrier.
You must be 21 years of age or older to order cigar products or cigar accessories.
FAA Regulations and safety hazard laws prohibit the shipment of lighters via Air.
Humidors may be charged extra for delivery and ship via UPS Ground only.
We ship via UPS and/or USPS.
Shipping Upgrades will have an extra fee.
Large items (Humidors, for example) may not qualify for FREE Shipping.
We ship everywhere. Tobacco-related laws differ from a country to another. The client takes on responsibility for the introduction of cigars to his country. We are not responsible for declarations, nor tax duties.
All international customers whose orders are shipped outside of the United States UPS Postal Service are responsible for their merchandise.
Delivery is deemed complete once shipment arrives in the customer’s country.
In the case that a package is lost, damaged or seized by customs, the customer assumes all responsibility.
By purchasing or placing an order, you hereby become responsible for all international expenses including customs, duties, and any other fees imposed by the recipient’s country.

OVERSIZED AND HEAVY-WEIGHT ITEMS (e.g. Humidors and some ashtrays)

These items may incur an additional charge. The charges will be calculated during order processing and customers will be notified.
Oversized; All shipments going to Alaska, Hawaii, Guam, Virgin Islands, Puerto Rico or any U.S. Territory/possession may also incur additional delivery time.
There will not be a refund if the shipment encountered either an emergency condition or adverse weather while in transit. As a result, this shipment does not qualify for a Guaranteed Service Refund.

Please refer to your local tobacco import laws and restrictions before making an order.

Please note that some orders are subject to delays for technical reasons.

Missing Packages: Montero Cigars will not take responsibility for missing, stolen packages or other persons rather than the buyer receiving the package at the address provided by the customer after our carrier has declared the package "Delivered".
Severe weather conditions could affect UPS and USPS Freight operations in parts of the U.S.
We cannot and will not take responsibility for carrier delays or weather conditions that may cause shipments to be delivered late.
Packages returned to us marked "Refused", "Undeliverable", "Unclaimed", "Prohibited" or otherwise, are subject to a 25% restocking fee and the shipping cost paid by the customer will not be refunded. (This is solely to recoup our losses from charges we incur when this happens). If a package is lost or misdirected due to an incorrectly input address, MonteroCigars.com is completely not responsible. We have no control over addresses typed on the checkout pages. Please make sure you have typed in the correct address.
UPS does not guarantee estimated time of arrival or delivery date as the package is not insured and cannot be claimed.

RETURN AND EXCHANGE POLICY

Please note:

We do not issue refunds for shipping charges.
Returns, exchanges or refunds for missing products, should be requested within 30 days from purchase date.

** On refund requests for orders with Free Shipping applied, this company has the right to refuse refund of the incurred shipping fees paid by us. We will study each case and proceed with the most just and adequate action.

While we inspect every order before it leaves our warehouse, mistakes could happen. We have managed to make returns simple for our clients. If we ship you the wrong items, we will send you a return label (Free of charge) for you to return the incorrect items. Once we receive those items back in our warehouse, we will ship you the correct items. Please be aware that we cannot ship items to you unless we have received the incorrect items.

If you ordered incorrect items, you would have to ship those items back to us (at customer expense), once those items are received in our warehouse and inspected, we will ship you the correct items.

If you receive the items you ordered and you are just not satisfied with their quality or taste, you are responsible for shipping those items back to us. If you want a replacement, we may ship those once we receive the other items back. If you would like a refund, we will issue a refund for the items only. Shipping cost won't be refunded.

Closeout Items means they cannot be returned for a refund. Sales on Closeout items are final.

CANCELLATIONS AND REFUNDS

Need to make changes to your order? No worries, we're happy to help!

You have 30 minutes after placing your order to make any changes and/or cancellations to your order. In order to cancel your order, you can do so by accessing our “Contact Us” page and leave your cancel request. Please allow 24 to 48 for a response. Please be aware and mindful that we do not open on the weekends.

You can also call us at 1-855-834-8376 and make sure to speak with one of our representatives. Do Not just leave a message.

Regarding Montero Membership Plans

Free shipping only applies to the customers respective membership plan. Free shipping is not granted to orders that do not include a membership plan. If an order were to have a membership plan and another product that is not a membership plan then the customer will have to pay shipping for any product that is not the membership plan.
Free shipping for Memberships is only available in the 48 Contiguous United States.

Regarding New Year Cigar Specials (2022)

Shipping is FREE for all orders within the 48 Contiguous United States. ** Alaska, Hawaii, Puerto Rico, and other U.S. territories are excluded from free shipping. International orders made outside of the United States are also excluded from free shipping.

IMPORTANT

Email: Do Not Reply the email with your Order Confirmation to send us a message in reference to a cancellation. Use the "Contact Us" page.

Phone: Do not leave a message in reference to a cancellation or change. A voice message won't be accepted to change or cancel an order.

** Please note: That our offices are closed on the weekends, so if you ordered during the weekend or after working hours, we must have your email cancellation message on the next working day at 9:00 am.

→ Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

For an order cancelled after it being shipped, you must receive a confirmation from our Customer Service Department which will be subject to a Return Fee. This fee will include the return label and will be calculated on the basis of the shipping carrier's regular prices (not the website shipping prices). The customer will also be subject to a 25% restocking fee.

In order to get a refund, you must get an approval and a confirmation from our Customer Services Department.

All refunds will be issued within 3 to 5 business days after we receive the product back in our facility. Regarding the money being reflected back into your account is dependent on your bank’s policies and usually takes 2 to 4 days, respectively.In case of cancellations of orders that have not been shipped, the refunds will be made as soon as possible after we get the approval.

In case of cancellations of shipped orders, refunds will be issued usually 3 to 5 business days after we receive the product back in our facility. The customer will be subject to pay 25% restocking fee for shipped orders that were cancelled.

→ Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at monterocigars@gmail.com.

Terms and Conditions

Last updated on May 8, 2020.

**This website is for individuals above the age of 21. Individuals below the age of 21 are not allowed to access this website. Only individuals above the age of 21 are allowed to purchase from this website.

Introduction

The entire content included on this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of MonteroCigars.com. The collective work includes works that are licensed to MonteroCigars.com. Copyright 2020, MonteroCigars.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with MonteroCigars.com or purchasing MonteroCigars.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with MonteroCigars.com or to purchase MonteroCigars.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by MonteroCigars.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

This website is operated by www.monterocigars.com. Throughout the site, the terms “we”, “us” and “our” refer to monterocigars.com, or otherwise connected thereto (collectively, the “website” or “service”). monterocigars.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

This is an online service that is hosted on Shopify Inc. They provide us with the online e-commerce platform that then allows us to sell our products and services to you.

Prices subject to change without notice. Not responsible for typographical errors*. We reserve the right to limit quantities. Special orders for related merchandise can be filled upon request. We reserve the right to reject any order for any reason. No order shall be binding at Montero Cigars until we accept it. Shipping of items will be by UPS. Items must be shipped to an address where a person is available to sign for and receive said items. These terms and conditions of sale and the transactions contemplated thereby are governed solely by the laws of the State of Florida, and any and all claims related thereto must be brought and finally resolved solely in the courts of the State of Florida. By placing an order, you agree to all foregoing terms and conditions.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, use of the website, or access to the website or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Terms for the Online Store

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the website, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your provided services.

Information Accuracy

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Changes in Prices and/or Modifications to the Website

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the website (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the website

Products

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the website will be corrected.

Billing and Account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase 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.

**For more details, please review our Returns Policy.

Errors, Omissions, and Inaccuracies

Occasionally there may be information on our site or in 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 if any information in the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the website or on any related website has been modified or updated.

Disclaimer and Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, 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.

In no case shall monterocigars.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless monterocigars.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof)

Agreement in its Entirety

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions 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 and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Modifications of Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Marketing

When a user agrees to a purchase they automatically accept their enrollment in SMS and Email marketing.

Contact Information:

Montero Cigars

7969 NW 2nd St

Miami, FL 33126

Phone: 1-855-834-8376

Email: monterocigars@gmail.com