Please note: By accessing or using this website, you indicate that you have read, understood, and agreed to be bound by our Terms of Use. These terms limit our legal liability and set restrictions on your use of this website.
The original text of this notice is written in Chinese and may be translated into other languages. If there is any discrepancy between this Traditional Chinese version and any other translation, the Traditional Chinese version shall prevail.
bycigar periodically revises these Terms of Use and will not notify you individually. If you do not agree to the aforementioned method of revision or update of the service terms, or do not accept any other provision of the service terms, you should immediately cease use. As you are bound by these Terms of Use, you should review the Terms of Use webpage regularly.
In addition to the above general terms and conditions, there are special terms and conditions governing your use of and/or access to certain pages on the website, which form part of the Terms of Use.
Terms of Service
Thank you for visiting the bycigar website, www.bycigar.com (the "Website") and using the services provided under these Terms of Service (hereinafter referred to as the "Terms of Service").
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 of Service. When a member uses or continues to use Cigar Home, it is presumed that you have read, understood, and agreed to accept all contents of these Terms of Service and any subsequent amendments and changes, and fully accept the existing and future services and content derived from this service. Those who do not meet the aforementioned legal smoking age are also not permitted to place orders on this website. Individuals who misrepresent their true age to purchase or browse shall bear all consequences themselves.
We may collect, use, store, and disclose any personal information you provide in accordance with the Privacy Policy. This agreement does not acknowledge any relationship (partnership, cooperation, employment, or otherwise) between you and Cigar Home, nor does it entitle you to act as a representative of Cigar Home.
Both the member and bycigar agree that all contents of the Terms of Service, including expressions of intent, etc., shall be expressed in electronic form.
Changes to Terms of Service Content and Promotional Email/EDM Distribution
Members agree that regarding the scope of services provided by bycigar, Cigar Home may adjust, modify, or terminate related service items or content based on business needs and actual circumstances without notifying members individually.
Members agree that bycigar may, based on actual implementation, add, modify, or terminate related activities and choose the most appropriate method to inform members.
Members agree that bycigar may send promotional emails or product messages (EDM) to the email account registered by the member on an irregular basis.
To unsubscribe from promotional emails or product messages (EDM), simply tap or click "Unsubscribe" at the bottom of the email or product message.
Sales Platform
In the event of the following situations, we may take action against your account, including but not limited to:
All products of Cigar Home are sold exclusively on our independent sales platform bycigar and are not associated with any other cigar platform.
If similar sales, online customer service, or social platforms are discovered, please exercise caution and do not be deceived.
For orders not completed on our aforementioned sales platform, we will not recognize them; nor can we provide any support or service. For any illegal acts causing damage to our reputation or property, we will pursue the relevant legal liabilities and financial compensation.
We remind you again that if you wish to purchase products from our website, please visit the official website mentioned above to browse and shop, as well as its major social media accounts; and complete all transaction activities on our website to avoid purchasing any counterfeit goods and to protect your rights and interests as well as ours.
If you have any related questions, please feel free to contact the website's [Online Customer Service] at any time.
Purchase Eligibility
You must meet the following eligibility conditions to make a purchase:
You must have reached the legal smoking age in your country or region of residence.
We are not responsible for or assume any liability for any individual who misrepresents their true age to purchase or browse.
Possess a formal bank account or other valid payment platform account accepted by bycigar for payment purposes.
Provide personal and payment details, and guarantee they are valid and accurate (including but not limited to mailing address, real name, phone number, billing information, and other required details specified on the website). Regarding credit card/debit card payments, by submitting an order, you authorize Cigar Home to charge your credit card/debit card an amount equal to the total purchase price of your order. You also explicitly authorize us to use the personal information you provide to us to conduct appropriate anti-fraud checks (e.g., credit checks) and, when necessary, to forward or obtain information about you to/from third parties, including but not limited to credit reporting agencies or anti-fraud agencies, and such third parties may retain such information. Please refer to our Privacy Policy to further understand how we use your information.
All orders are subject to stock availability and confirmation of the order price. Items in your shopping cart are not reserved until payment is submitted and may be purchased by other customers.
Pricing and Payment Methods
Prices on the bycigar website are calculated in US dollars and include shipping costs. The pricing does not include any taxes, duties, or other shipping costs in your country or region of residence. Please click here "《Return Due to Customs Inspection or Taxes》" for details.
If you encounter price changes before or after a promotion when placing an order, the price difference will not be compensated.
We currently offer the following payment methods:
Through third-party payment platforms on the website.
By sending a payment link via email from bycigar@bycigar.
Bank transfer in HKD or USD.
If the payment platform you use is not denominated in US dollars, your bank will calculate based on the exchange rate on the transaction date. Please confirm the exchange rate with the bank or financial institution you use, and the final price charged by your chosen payment platform shall prevail.
Once you complete payment for your order using the above payment methods, it confirms that the payment instrument you selected is owned by you personally, or you have been authorized by its owner to use it.
If the bank or financial institution you choose refuses to authorize payment to Cigar Home, we will not be liable for any delivery delays or non-delivery.
All our payment procedures comply with the strict international security standards set by card-issuing financial institutions, allowing you to enjoy shopping in a safe and secure environment. If you have opened a registered account on this website and decide to have us save your payment details, your information will be fully encrypted, used solely for processing transactions you conduct, and securely stored within our system. Unless due to our own negligence, we will not be liable for any losses you may incur if any third-party payment platform accesses any information you provide while using our services without authorization.
You can also contact the website's [Online Customer Service], and we will provide you with explanations of payment methods.
Transaction Description
When members use the Terms of Service for transactions, they should follow the mechanisms provided by the website for confirming product quantity and price.
Members agree that when using the Terms of Service to order products, bycigar reserves the right to not accept the order or cancel shipment before notifying the member of transaction confirmation. After a member sends an order notification to bycigar, the system will automatically send an acceptance notification, but this notification is not an order confirmation notification. bycigar will use the shipment notification as the confirmation of transaction establishment.
If, after using the Terms of Service to order products, a member arbitrarily returns/exchanges goods, cancels orders, or engages in any behavior that Cigar Home deems inappropriate and causes operational inconvenience or damage to bycigar, bycigar may, depending on the situation, refuse transactions or permanently cancel the member's qualification.
When we send you an email confirming that your order has been shipped, your order is deemed accepted, and a contract between you and bycigar is formed; this contract will only include the goods listed in the confirmation email sent at the time of shipment. Therefore, all sales contracts are formed in the Hong Kong Special Administrative Region. If force majeure or other uncontrollable reasons cause the website's sales system to malfunction, resulting in the inability to complete online transactions or the loss of related information/records, this website will not be liable. However, this website will make reasonable efforts to assist in handling aftermath matters and strive to reduce potential economic losses for customers.
bycigar reserves the right to refuse to accept an order for any reason at its sole discretion and will notify you in the most appropriate manner (primarily by email, supplemented by phone if necessary). These reasons include (but are not limited to) the following:
When the product you ordered is out of stock, or for some reason cannot be supplied smoothly, preventing the order from being established.
Products are withdrawn because they fail to meet our quality standards or due to shipping restrictions applicable to one or all ordered items.
When there is an error in the transaction conditions of the target goods or services in your order content (including but not limited to specifications, descriptions, pictures, pricing, or product descriptions, etc.).
We are unable to obtain payment authorization.
You do not meet the purchase eligibility conditions stipulated in the Terms of Service.
If we discover any of the above reasons for products you ordered, we will notify you as soon as possible in the most appropriate manner and allow you to choose to reconfirm or cancel the order. If we cannot contact you, we will treat the order as cancelled.
Shipment Description and Time
We will arrange suitable carriers to ship the goods you ordered to provide you with a better shopping experience.
Subject to the aforementioned approval time of five working days (based on Hong Kong public holidays), after your order payment is completed, please refer to the following description for the shipment time of products depending on the arranged carrier:
(1) Tobacco products: five working days.
The website's automated logistics system arranges the shipment sequence of website orders based on the principle of fair shipment. If the system's scheduled shipment time for accumulated unfulfilled orders (e.g., orders with status "Processing") in your account exceeds 60 working days (if affected by holidays or other force majeure factors, the shipment schedule will be postponed to the next working day, subject to the actual schedule), the system will be unable to create new orders for you. You may try adjusting the quantity of goods within the same order, or wait until you receive goods from other orders (complete other orders) before purchasing again.
Order Modification or Cancellation
Since orders enter the automated logistics distribution process immediately after your payment is completed, and the system will apply for an export permit within a set timeframe to facilitate preparation and shipment; therefore, making temporary changes may cause discrepancies between the order content and the export permit record, affecting automated arrangements. Hence, if you need to modify or cancel an order, please contact the website's [Online Customer Service] or log into your member account within two hours after payment completion (based on the receipt time of the '[bycigar] Order Payment Completion Notification' email). If notified after this time limit, we regret that we will be unable to cancel or change any order that has entered the automated logistics process. Thank you for your understanding and consideration.
To provide you with a better shopping experience, we recommend that you first add desired items to your shopping cart or My Collection, and confirm the order details (including product quantity, style, price, etc.) before payment, so that we can more quickly and properly ship the goods you have carefully selected to you on time.
Order cancellation handling fee: We will charge a handling fee of 20% of the total price of the cancelled order items, i.e., (Cancellation Total Price - 20% of Cancellation Total Price) = Actual Refund Amount.
The actual refund amount is subject to the actual payment; the actual arrival date is subject to the processing cycle of your payment bank or online payment platform (usually two to four weeks).
For multiple items within the same order, the entire order must be cancelled together; individual item cancellation or return is not possible.
Refund and Reshipment for Returned Shipments
Effective June 12, 2024, each returned item is limited to one reshipment only. Any costs incurred due to the return will be borne by the member. You may also choose to arrange a refund after the first return. If the item is returned again after reshipment, the system will automatically arrange a refund according to the following refund rules without further notice.
Upon receiving your returned shipment, we will notify you via "[bycigar] Returned Parcel Reshipment Arrangement" email, attaching a payment link for the reshipment fee. If you choose to reship the item, please complete the payment and reply with the reshipment-related information within fifteen working days. We will arrange reshipment using the original packaging of the goods based on your reply.
*Reshipment fee: You need to pay the shipping cost for the second shipment (US$35/parcel; US$70/two parcels; and so on).
If you choose a refund, please reply via email within fifteen working days (refund to the original bank account). Upon receiving your confirmation reply, we will process the refund according to your instructions within five working days. The system will deduct the initial mailing fee when arranging the refund.
*The initial mailing fee is USD 35 per parcel, i.e., (Total value of refunded goods - Initial mailing fee = Actual refund amount); if the goods value is below USD 35, 20% of the total value will be deducted before the refund.
Please note:
If you fail to reply to the email within fifteen working days (calculated from the date of our first notification), we will consider you have chosen a refund and will refund the amount to the original bank account after deducting the initial mailing fee, without further notice.
If the item is returned again after reshipment, the system will automatically deduct the initial mailing fee and arrange a refund without further notice. The initial mailing fee is USD 35 per parcel, i.e., (Total value of refunded goods - Initial mailing fee = Actual refund amount); if the goods value is below USD 35, 20% of the total value will be deducted before the refund.
Products may be inspected during transportation for return and reshipment, or the package and goods may be damaged. However, such conditions are not covered by our return and exchange service.
If products are returned due to your failure to clear customs promptly and/or failure to contact the local carrier promptly for customs clearance, we will charge a secondary storage + reshipment fee of US$50 (US$35/parcel; US$70/two parcels; and so on).
Please ensure that the recipient information and details you provide are accurate and correct; otherwise, goods may be returned due to unsuccessful delivery. You can pay the mailing fee again to arrange reshipment for returned goods (USD 35/parcel; USD 70/two parcels; and so on), but regardless of the reason, each returned item is limited to one reshipment only. If the item is returned again after reshipment, the system will automatically arrange a refund according to the refund rules without further notice.
You may also choose a refund instead of reshipment after the first return. The system will automatically arrange a refund after deducting the initial mailing fee.
*Initial mailing fee: USD 35/parcel; USD 70/two parcels; and so on, i.e., Total value of refunded goods - Initial mailing fee = Actual refund amount; if the goods value is below USD 35, 20% will be deducted before refund.
Prohibitions and Violations
Members promise not to use the Terms of Service for any illegal purposes or in any illegal manner and promise to comply with the relevant regulations of the Hong Kong Special Administrative Region and all international practices for using the internet. Members who are users outside the Hong Kong Special Administrative Region also agree to comply with the laws and regulations of their own country or region.
Members agree and guarantee not to use the Terms of Service to infringe upon the rights of others or engage in illegal activities. In the event of the following situations, we may take action against your account, including but not limited to:
You have submitted certain materials (including but not limited to text, images, music, or videos) but do not have sufficient rights to grant the license specified in the "Submitted Content" section above for such materials.
Using multiple accounts or interfering with our services in any way.
Information sent contains any illegal, harmful, threatening, abusive, harassing, defamatory, false, insulting, vulgar, indecent, obscene, profane, hateful, or otherwise offensive text, images, or any form of files in racial, ethical, or other respects.
Placing advertisements or sending any form of information without the recipient's request.
Impersonating others or providing any form of false information.
Engaging in commercial transactions not pre-authorized by bycigar.
Initiating or forwarding any form of chain messages.
Other behaviors inconsistent with the intended use provided by the Terms of Service or behaviors that Cigar Home has legitimate reason to deem inappropriate.
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
All software and content of bycigar (content is defined as, or includes, any text, audio or music, video, graphics, photos, and images) are our intellectual property and are 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 purposes with the explicit authorization of us and/or our third-party licensors. You may not forward, copy, publish, sell, or license any content on the website without our prior consent or authorization. Such unauthorized actions may lead to civil consequences or criminal penalties. We reserve the right to withdraw or revise any service item without notice. We are not liable if the website is inaccessible at any time and for any period 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, so we are not responsible for them, and we are not liable for any loss or damage you incur from using them or alleged to be incurred from or related to them. We are not responsible for the content or accuracy of any external website pages (including but not limited to advertisers on this website). The risk of using such external websites or resources is borne by you and is subject to the terms of use and service terms listed on each website.
Liability
Opinions expressed in any media by companies or third parties selling goods on our website or cooperating with us are their personal opinions. Since such opinions do not necessarily reflect our opinions, we assume no liability for them.
We do not guarantee that the website and services can be used completely free of errors, or that the website or 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 antivirus software.
If certain events occur beyond our reasonable control, such as severe weather, we will make our best efforts to maintain the service but will not be liable for failure to fulfill any obligations within the Terms of Service.
Indemnity and Waiver
You agree to fully indemnify and hold harmless us, i.e., bycigar (including but not limited to our senior management, directors, agents, affiliates, licensors, and suppliers) against all liabilities, claims, expenses, damages, and losses (including legal fees) arising from your breach of these Terms of Service upon our request.
This includes any use of the website by any other person using your account due to your actions or omissions. If you breach the Terms of Service but we do not take any action against you, this does not mean we waive our rights and remedies in any other situation where you breach the Terms of Service.
Your Rights
The provisions of the Terms of Service are not intended to affect your rights under the laws of the Hong Kong Special Administrative Region.
Customer Service Platform
If you have any questions, please contact the website's [Online Customer Service].
Complaints
We have established a complaint handling procedure and will use this procedure to attempt to resolve disputes when they first arise. For any order-related complaints or opinions, please contact the website's [Online Customer Service].
Governing Law and Jurisdiction
The Terms of Service, together with all our policies and procedures, are governed by and interpreted according to the laws of the Hong Kong Special Administrative Region. If any dispute or claim arises in connection with these Terms of Service, the courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction.
