TERMS AND CONDITIONS OF SALE
Castle View Cigars Ltd
VAT Reg No. 498245542
These Terms and Conditions (“Terms”) govern the contractual relationship between Castle View Cigars Ltd (the “Company”, “we”, “us”) and the purchaser (the “Customer”, “you”) concerning the sale of products.
These Terms apply to all transactions: (a) Effected through the Company’s proprietary website, www.castleviewcigars.co.uk (the “Site”); and (b) Effected through the Company’s telephone ordering service (the “Order Line”).
By tendering an offer to purchase products via the Site or the Order Line, the Customer agrees to be legally bound by the entirety of these Terms. These Terms are provided and available solely in the English language.
1. Product Specification and Disclaimer
Specifications, descriptions, and photographic representations of the products supplied by the Company are provided for illustrative purposes only. They are not intended to constitute a binding warranty regarding the precise characteristics of the goods delivered.
All products are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the Company expressly disclaims all other warranties, whether express or implied, regarding the products, including, but not limited to, implied warranties of satisfactory quality or fitness for a particular purpose.
2. Pricing, Availability, and Contract Formation
The sale of all products is expressly contingent upon their availability in stock. The Company provides no guarantee of product availability.
The applicable price for the products shall be the price quoted on the Site or the Order Line at the time the order is placed, exclusive of shipping and handling charges, which will be itemised and added to the total amount due. All financial transactions are conducted and must be settled in UK Pounds Sterling (£), subject only to explicitly advertised discounts.
While the Company exercises all reasonable diligence to ensure the accuracy of product descriptions, specifications, and pricing, errors may occasionally arise. In the event of such an error, the Company shall be entitled to decline the order. Information displayed constitutes an invitation to treat, not a binding offer for sale. The contract of sale is definitively concluded only upon the physical supply of the goods by the Company.
3. Order Processing and Acceptance
The Customer bears sole responsibility for the accuracy and completeness of the data submitted with their order.
If the Company accepts the Customer’s offer, confirmation shall be provided in writing via electronic mail (email).
Orders placed via the Order Line are subject to a final review and verbal confirmation opportunity for the Customer.
4. Cancellation, Returns, and Statutory Rights
A Customer dissatisfied with their purchase may return the order within 14 calendar days of receipt for a full credit or refund, provided the product remains unused and in its original, undamaged packaging.
Shipping, postage, packing fees, and charges for any supplementary services (e.g., gift wrapping, expedited shipping) are non-refundable.
The right of return does not apply to faults arising from fair wear and tear, deliberate damage, negligence, misuse, failure to adhere to manufacturer instructions, abnormal usage, or unauthorised modification or repair.
The Customer is responsible for all costs associated with returning the products, except where the products are proven to be defective or where the Company has dispatched substitute items.
UK Orders: Non-delivery of orders within the UK must be formally notified to the Company within 14 days of the dispatch date.
Nothing in these Terms shall diminish the Customer’s rights to claim for faulty or defective goods or workmanship as stipulated under the Sale of Goods Act 1979 (as amended) or the Supply of Goods and Services Act 1982.
5. Limitation of Liability
The Company’s maximum aggregate liability to the Customer under the contract shall be strictly limited to the refund of the product purchase price, including original delivery charges, as prescribed in Clause 4.
The Company shall not be liable to the Customer for any amount exceeding the maximum liability defined above and specifically excludes liability for any indirect, special, or consequential losses, including, but not limited to, financial loss, loss of profit, or loss of anticipated savings, arising from any breach of these Terms.
6. Amendment of Terms
These Terms and Conditions are subject to periodic revision and amendment. Customers are advised to review them regularly. Continued utilisation of the Site or the Order Line subsequent to any amendment shall constitute the Customer's acceptance of the revised Terms.
7. Law and Jurisdiction
These terms and conditions of sale shall be governed by and construed in accordance with the laws of Scotland. Any disputes arising in relation to the Site or these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Scotland.
If any of these terms or conditions of sale should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted, and the remaining terms and conditions shall survive and continue to be binding and enforceable.
8. Comments and Complaints
If you have any comments or complaints regarding your purchases made through the website, please send them to Castle View Cigars Edinburgh.
You make contact us at:
Castle View Cigars
15 Frederick St
EH2 2EY
0131 358 0706
edinburgh@castleviewcigars.co.uk
WEBSITE TERMS OF USE
Castle View Cigars Ltd
The primary and sub-domain pages of the website operating under the domain name www.castleviewcigars.co.uk (the “Site”) are operated and maintained by Castle View Cigars Ltd (the “Company”). All copyrights, intellectual property rights, and other proprietary rights vested in the Site are the exclusive property of the Company.
By accessing the Site, you are deemed to acknowledge and accept the following terms and conditions of use (the “Terms of Use”). Please review these Terms of Use diligently. If you do not agree to these Terms of Use, you must refrain from accessing or using the Site.
1. Permitted Use and Licensing
Material accessible from the Site may be downloaded, viewed, listened to, printed, or copied to the hard disk of your computer (but not photocopied) and utilised solely for personal, non-commercial purposes as an informational or consumer retail resource, in good faith. Any use beyond this scope requires the explicit prior written consent of Castle View Cigars Ltd.
2. Prohibited Conduct
The Customer expressly agrees not to employ the Site to:
Compile or create a database (whether electronic or otherwise) incorporating material obtained from the Site, except where such creation is explicitly permitted herein or elsewhere on the Site.
Transmit or recirculate any material obtained from the Site to any third party, except where expressly permitted on the Site.
Alter, modify, or remove any copyright, trademark, or proprietary notice(s) from any copies of material generated in accordance with these Terms.
Upload, post, email, or otherwise transmit any content that is illegal, harmful, threatening, abusive, defamatory, vulgar, obscene, libellous, invasive of privacy, hateful, racially, ethnically, or otherwise objectionable.
Upload, post, email, or otherwise transmit any material containing software viruses, malware, or any other computer code, files, or programs designed to interrupt, destroy, damage, or limit the functionality of any computer software, hardware, or telecommunications equipment.
3. Accuracy of Information and Reliance
While comprehensive measures have been taken to ensure the accuracy of the information presented, such information is sourced from various parties. Castle View Cigars Ltd therefore disclaims all liability for the accuracy or completeness of this information. Customers bear the sole responsibility for verifying the accuracy of all relevant facts, data, and opinions provided on the Site before entering into any commitment based upon them.
4. Risk and Data Loss
Any material acquired or downloaded through the use of the Site is obtained at the Customer’s sole discretion and risk. The Customer shall be exclusively responsible for any resulting damage to their computer system or any loss of data attributable to the download of such material.
5. Data Protection and Processing
Where the submission of personal data to Castle View Cigars Ltd is required, the Customer warrants that the information provided is true, accurate, current, and complete.
Castle View Cigars Ltd shall process personal data strictly in accordance with applicable data protection legislation.
The Customer hereby consents to the processing of their personal data by Castle View Cigars Ltd for the following legitimate purposes:
-Processing orders and requests.
-Providing informational communications (e.g., via email).
-Delivering a customised service experience.
-Maintaining records and managing customer accounts.
-Conducting statistical analysis and market research surveys.
-Assessing and evaluating Site usage, including data compilation and administration.
6. Limitation of Liability for Site Use
Castle View Cigars Ltd does not warrant that access to the Site will be entirely error-free or uninterrupted. The Company shall not be liable for any damages, including, but not limited to, indirect or consequential damages, damages for loss of opportunity or data, or any damages whatsoever arising from the use or inability to use the Site, whether based on contract, negligence, or any other tortious action, arising out of, or in connection with, the Site or any other external Internet sites.
7. Third-Party Content
The Site may incorporate material, including advertisements, submitted by third parties. Individual advertisers and users are exclusively responsible for the content they submit and for ensuring its compliance with all relevant legislation. Castle View Cigars Ltd accepts no liability for the content of material submitted by third parties, including, without limitation, any error, omission, or inaccuracy contained therein.
8. External Links
The Site may contain hyperlinks to external websites. These links are provided solely for the convenience and assistance of the user. Castle View Cigars Ltd assumes no responsibility for the content, practices, or availability of these external Internet sites.
9. Viruses and Security
While the Company endeavours to ensure the Site is free from malicious code, no warranties are provided that the Site is virus-free. Customers are responsible for installing and maintaining adequate virus checking software. Castle View Cigars Ltd shall not be liable for any damage caused by viruses, malware, or any other computer code, files, or programs designed to interrupt, restrict, destroy, limit the functionality of, or compromise the integrity of the Site or any hosting hardware.
10. Non-Exclusion of Liability
Nothing in these Terms of Use is intended to exclude or limit liability for death or personal injury resulting from negligence or any other liability which cannot legally be excluded or restricted by law.
11. Variation of Terms
These Terms of Use are subject to revision and variation periodically. Customers are required to review these Terms regularly. Continued access or use of the Site following the posting of any variation shall constitute acceptance of the modified Terms.
12. Severability
Should any of these Terms be determined by a court of competent jurisdiction to be illegal, invalid, or otherwise unenforceable, that specific term shall be deemed severed and deleted from these Terms. The remaining provisions shall survive and continue in full force and effect, remaining binding and enforceable.
13. Jurisdiction and International Use
The design and operation of this Site are primarily intended for use within the United Kingdom. Although users outside the UK may view the Site, Castle View Cigars Ltd provides no warranty, whether express or implied, that viewing or utilising the Site from outside the UK is compliant with any applicable non-UK laws or regulations.
14. Jurisdiction and International Use
These terms shall be governed by and construed in accordance with the laws of Scotland.
Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of Scotland.