Please note that your access to or use of this website constitutes your reading, understanding and agreement to be bound by our Terms of Use. These terms limit our legal liability and set forth restrictions on your use of this website.
This notice is originally written in Chinese and may be translated into other languages. In the event of any discrepancy between the Traditional Chinese version of this notice and any other translations, the Traditional Chinese version shall prevail. bycigar may revise these Terms of Use from time to time without notifying you individually. If you do not agree to the revision or update method of the above Terms of Service, or to any other provision of the Terms of Service, you must immediately cease using the website. As you are bound by these Terms of Use, you should review the Terms of Use page regularly. In addition to the above general terms and conditions, there are special terms and conditions governing your use and/or access to certain pages on the website, which form an integral part of the Terms of Use.
Terms of Service
Thank you for visiting the bycigar website at
www.bycigar.com (the "Website") and using the services provided pursuant to these Terms of Service (the "Terms").
You must have reached the legal smoking age in your country or region of residence to register as a member, use or continue to use the Terms. Your use or continued use of bycigar as a member constitutes a presumption that you have read, understood and agreed to all the contents of these Terms and any subsequent revisions and changes, and fully accept all existing and future derivative services and content provided by us; individuals who have not reached the aforementioned legal smoking age are also prohibited from placing orders on this Website. Any individual who misrepresents their actual age to purchase or browse the Website shall bear all consequences thereof alone.
We may collect, use, store and disclose any personal data you provide in accordance with our Privacy Policy. This Agreement does not create any relationship (partnership, joint venture, employment or otherwise) between you and Bycigar, nor does it entitle you to act as a representative of bycigar.
Both the member and bycigar agree that all contents of the Terms, including expressions of intent, shall be in electronic form.
Revision of the Terms and Sending of Promotional Emails and EDMs
- The member agrees that bycigar may adjust, modify or terminate the relevant service items or content at its discretion based on business needs and actual circumstances, without notifying the member individually.
- The member agrees that bycigar may add, modify or terminate relevant activities based on actual implementation, and notify members through the most appropriate means.
- The member agrees that bycigar may send promotional emails or product information (EDM) to the email address registered by the member from time to time.
- To unsubscribe from promotional emails or product information (EDM), simply click the "Unsubscribe" link at the bottom of the email or message.
Sales Platform
We may take action on your account in the following circumstances, including but not limited to:
All products of bycigar are sold exclusively on our independent sales platform bycigar, and have no affiliation with any other cigar platforms.
Please exercise caution to distinguish and avoid being defrauded if you encounter similar sales, online customer service or social media platforms; we will not recognize any orders not completed on our aforementioned sales platform, nor provide any support or services for such orders. We will pursue all legal liabilities and economic compensation from any person whose illegal acts cause damage to our reputation or property.
We remind you again that if you wish to purchase products from our Website, please visit the above official website for browsing and selection, as well as our official social media accounts, and complete all transaction activities on our Website to avoid purchasing counterfeit goods and protect both your legitimate rights and interests and ours.
For any related questions, please feel free to contact our [Online Customer Service] at any time.
Eligibility to Purchase
You must meet the following eligibility criteria to make a purchase:
- You have reached the legal smoking age in your country or region of residence.
- We shall not be liable for any individual who misrepresents their actual age to purchase or browse the Website.
- You hold a valid bank account or other valid payment platform account accepted by bycigar for payment purposes.
- You provide accurate and valid personal and payment details (including but not limited to shipping address, real name, phone number, billing information, and other required information stated on the Website). For credit/debit card payments, your submission of an order constitutes your authorization for bycigar to charge your credit/debit card an amount equal to the total purchase price of your order. You also explicitly authorize us to use the personal data you provide to conduct appropriate anti-fraud checks (such as credit checks), and to forward or obtain information about you from third parties when necessary, including but not limited to credit reference agencies or anti-fraud agencies, which may retain such information. Please refer to our Privacy Policy for more information on how we use your data.
All orders are subject to product availability and confirmation of the order price. Items in your shopping cart are not reserved and may be purchased by other customers before you submit payment.
Pricing and Payment Methods
Pricing on the bycigar Website is in US Dollars and includes shipping fees, but excludes any taxes, customs duties and other shipping charges imposed by your country or region of residence.
No compensation will be provided for any price differences arising from promotional price changes before or after you place your order.
Our current payment methods are as follows:
- Through third-party payment platforms on the Website.
- Receiving a payment link via email at bycigar@bycigar.com.
If the payment platform you use is not denominated in US Dollars, your bank will calculate the amount based on the exchange rate on the transaction date. Please confirm the exchange rate with your chosen bank or financial institution, and the final price charged by your payment platform shall prevail. Once you complete the payment for your order using the above payment methods, you confirm that the payment instrument you selected is owned by you or that you have obtained authorization from its owner to use it.
We shall not be liable for any delay in delivery or non-delivery if your chosen bank or financial institution refuses to authorize payment to bycigar.
All our payment processes comply with strict international security standards set by card-issuing financial institutions, ensuring you enjoy a safe and secure shopping experience. If you have created a registered account on this Website and choose to allow us to store your payment details, your data will be fully encrypted, used solely for processing your transactions, and securely stored in our system. We shall not be liable for any loss you may suffer if any third-party payment platform accesses any data you provide while using our services without authorization, unless such loss is caused by our own negligence.
You may also contact our [Online Customer Service] for an explanation of payment methods.
Transaction Terms
- When conducting transactions under the Terms, members shall follow the mechanism provided on the Website for confirming product quantity and price.
- When a member places an order for products under the Terms, bycigar reserves the right to reject the order or cancel shipment prior to notifying the member of transaction confirmation. After a member sends an order notification to bycigar, the system will automatically send an acknowledgment, which is not an order confirmation. bycigar shall confirm the establishment of the transaction by sending a shipment notification.
- If a member arbitrarily returns or exchanges goods, cancels an order, or engages in any conduct deemed inappropriate by bycigar that causes inconvenience or damage to bycigar's operations, bycigar may, at its discretion, refuse to transact with the member or permanently cancel their membership.
- Our sending of an email confirming order shipment to you shall constitute acceptance of your order and the formation of a contract between you and bycigar; such contract shall only include the products listed in the confirmation email sent at the time of shipment. All sales contracts are therefore entered into in the Hong Kong Special Administrative Region (HKSAR). We shall not be liable for any failure to complete online transactions or loss of relevant information and records due to the malfunction of the Website's sales system caused by force majeure or other uncontrollable reasons. However, we shall use reasonable endeavors to assist in handling follow-up matters and minimize any potential economic losses to customers.
- bycigar reserves the right to refuse to accept any order for any reason at its sole discretion, and will notify the customer through the most appropriate means (primarily email). Such reasons include but are not limited to:
- Out of stock of the products you ordered or failure to fulfill the order due to other reasons;
- Withdrawal of products due to failure to meet our quality standards or shipping restrictions applicable to one or all ordered items;
- Errors in the transaction terms (including but not limited to specifications, descriptions, images, pricing or product instructions) of the goods or services subject to your order;
- Failure to obtain payment authorization;
- Your failure to meet the purchase eligibility criteria stipulated in the Terms.
If we identify any of the above reasons in relation to any product you ordered, we will notify you as soon as possible through the most appropriate means and allow you to choose to reconfirm or cancel the order. If we are unable to contact you, we will treat the order as cancelled.
Shipment Instructions and Timelines
We use the courier service of Hongkong Post for all shipments.
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All delivery times listed on this Website are for reference only. Reference times are estimated based on factors such as the seller's inventory status, normal processing procedures, customs clearance time, delivery time and delivery location. We make no promises regarding delivery times. Products you order on this Website will be delivered by us through a carrier. You confirm and agree that our delivery of the ordered products to the carrier constitutes the conclusion of a transportation agency agreement between you and the carrier, forming a legal relationship of transportation agency contract. Therefore, the ownership of and risk of loss for the products shall pass to you upon our delivery to the carrier.
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In accordance with the current policies announced by the General Administration of Customs, the value limit for items sent from or to Hong Kong, Macao and Taiwan is RMB 2,000 per shipment. If the total value of products you order on this Website exceeds RMB 2,000 resulting in parcel return, the customer shall bear the shipping cost of the parcel alone, at a rate of USD 35 per parcel. (Cigar products may be exempt from this value limit as indivisible goods.)
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Delivery Timeframe: All products displayed on this Website are stored in a bonded warehouse in Hong Kong, with the entire delivery process taking approximately 10 to 15 working days. Shipment will be delayed in the event of statutory holidays. Delivery timeframes may vary depending on customs clearance, security checks, force majeure and the territorial scope of the destination country or region. We will arrange a suitable carrier for the delivery of your ordered products to provide you with a superior shopping experience.
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Some carriers offer full customs clearance services including tax payment on behalf of the recipient, in which case taxes shall be collected upon delivery, and the carrier will notify the recipient of the tax amount prior to delivery. If the customer refuses to pay the taxes, the parcel will not be delivered, and such refusal shall constitute the customer's abandonment of the parcel. Local carriers in some countries or regions may advance import duties and taxes (such as customs duties, VAT, consumption tax, etc.) and charge a corresponding service fee for the advanced amount. The customer shall pay the advanced duties/taxes and the corresponding service fee to the carrier upon signing for the parcel. If the customer refuses to make such payment, we cannot waive the fees, and the purchased products may be returned or destroyed.
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We shall not be liable for any delay in or failure of delivery caused by the following circumstances:
(1) Errors in the information you provide, incomplete delivery address, or other similar reasons;
(2) Failure to deliver or delayed delivery due to no one being available to sign for the goods upon delivery;
(3) Parcel return or confiscation by customs due to your violation of customs clearance policies;
(4) Delayed or detained delivery of products due to your failure to submit customs clearance documents in a timely manner or at all;
(5) Reasons attributable to the carrier or third parties;
(6) Changes in circumstances;
(7) Force majeure events, such as natural disasters, traffic curfews, sudden wars, etc.
Order Modification or Cancellation
After you complete payment, your order will enter an automated logistics allocation process, and the system will apply for an export license within a specified time to facilitate goods preparation and shipment. You may request a refund or modify your order without any handling fee before the goods are entered into the automated shipping scheduling system. Please contact our customer service or send an email during working hours (9:00-18:00 HKT) to process the request. Once the goods have entered the automated logistics process, refunds or order modifications will no longer be possible. We appreciate your understanding.
The actual refund arrival date shall be subject to the processing cycle of your paying bank or online payment platform (usually 2 to 4 weeks).
For orders containing multiple products, the entire order must be cancelled in full; partial cancellation or return of individual products is not allowed.
Upon receipt of your returned goods, we will send an email notification titled "bycigar Return Parcel Reshipment Arrangement" with an attached payment link for the reshipment fee. Please complete the payment and reply with the relevant reshipment information within 15 working days, and we will arrange reshipment of the original parcel with the original product packaging in accordance with your reply.
*Reshipment Fee: You are required to pay the shipping fee for the second delivery (USD 35 per parcel; USD 70 for two parcels; and so on).
Please note: Once cigars sold on this Website are shipped, a transportation agency contract relationship is established between you and the carrier, and the ownership of and risk of loss for the cigars pass to you upon delivery to the carrier. If the products are returned due to customs policies at the delivery address, refunds will not be provided, and only reshipment may be arranged.
Prohibited Conduct and Violations
Members warrant that they will not use the Terms for any illegal purpose or in any illegal manner, and warrant compliance with the relevant laws and regulations of the HKSAR and all international practices for internet use. Members who are users outside the HKSAR agree to comply with the laws and regulations of their country or region of residence.
Members agree and warrant that they will not use the Terms to engage in any conduct that infringes upon the rights and interests of others or is illegal. We may take action on your account in the following circumstances, including but not limited to:
- You submit any materials (including but not limited to text, images, music or videos) for which you do not have sufficient rights to grant the licenses set forth in the "Submitted Content" section above;
- Using multiple accounts or interfering with our services in any way;
- Sending information containing any illegal, harmful, threatening, abusive, harassing, defamatory, false, insulting, vulgar, obscene, blasphemous, hateful, or otherwise objectionable text, images or files of any form based on race, morality or other grounds;
- Posting advertisements or sending unsolicited information of any form;
- Impersonating others or providing false information of any form;
- Engaging in commercial transactions without the prior authorization of bycigar;
- Initiating or forwarding chain messages of any form;
- Other conduct that is inconsistent with the intended use of the Terms or deemed inappropriate by bycigar for just cause.
bycigar reserves the right to terminate any account at its absolute discretion. If we terminate your account, we will notify you via email.
Intellectual Property Rights
All software and content on bycigar (content is defined as or includes any text, audio or music, video, graphics, photos and images) are our intellectual property and protected by intellectual property and copyright laws and international treaties.
The Website is for your personal, non-commercial use only. Content may only be used for any non-personal and/or commercial purpose with the express authorization of us and/or our third-party licensors. You shall not forward, copy, publish, sell or license the use of any content on the Website without our prior written consent or authorization. Such unauthorized acts may result in civil liability or criminal prosecution. We reserve the right to withdraw or revise any service item without notice. We shall not be liable for any temporary or permanent inaccessibility of the Website for any reason.
Third-Party Links
The Website may contain links to other websites or resources not operated by us. We have no control over such websites and resources, and therefore assume no liability for them, nor for any loss or damage caused by, alleged to be caused by, or in connection with your use of them. We are not responsible for the content or accuracy of any external website pages (including but not limited to advertisers on this Website). Your use of such external websites or resources is at your own risk and subject to the terms of use and service of each respective website.
Liability
Opinions expressed by companies or third parties that sell goods on our Website or cooperate with us in any media are their own. Since such opinions do not necessarily reflect ours, we shall not be liable for any such opinions. We do not warrant that the Website and services will be completely error-free in use, or that the Website or the servers operating the Website are free of viruses or other harmful components. We recommend that all Website users install the latest version of software, including anti-virus software. In the event of certain events beyond our reasonable control, such as severe weather, we will use our best endeavors to maintain the services but shall not be liable for any failure to perform any obligation under the Terms.
Indemnification and Waiver
You agree to fully indemnify and hold harmless bycigar (including but not limited to our senior management, directors, agents, affiliated companies, licensors and suppliers) from and against all liabilities, claims, expenses, damages and losses (including legal fees) arising from your breach of these Terms, upon our request.
This includes the use of the Website through your account by any other person as a result of your acts or omissions. Our failure to take action against you for a breach of the Terms shall not constitute a waiver of our rights and remedies for any other breach of the Terms by you.
Customer Rights
The provisions of the Terms are not intended to affect your rights under the laws of the HKSAR.
Customer Service
For any questions, please contact our [Online Customer Service] on this Website.
These Terms of Service, together with all our policies and procedures, shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. The courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms of Service.