This website, www.davidoffgeneva.com (“the Website”) is operated by Davidoff of Geneva USA Online, Inc. (“Davidoff Online”, “We”, “Our”, or “Us”). We offer the 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 herein.
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1. General Conditions
The Website is offered and available to users who are 21 years of age or older. We verify the age of any user purchasing a product using a third-party age verification service.
By using the Website, you represent and warrant that you are of legal age to form a binding contract with Davidoff Online and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by Davidoff Online.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You can contact Davidoff Online via email at the following address: firstname.lastname@example.org
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2. Changes to These Terms & Conditions
We reserve the right, at Our complete discretion, to change these Terms & Conditions at any time by posting revised Terms & Conditions on the Website. All changes are effective immediately when We post them, and apply to all access to and use of the Website thereafter. It is your responsibility to check periodically for any changes We may make to these Terms & Conditions. Your continued use of the Website following the posting of changes to these Terms & Conditions means you accept the changes.
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3. Accessing and Using the Website; Security
3.1. These Terms & Conditions permit you to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or any Products, Services or other materials available through the Website. For as long as you respect these Terms & Conditions, We will grant you the non-transferable, limited right to access the Website.
3.3. If you choose, or are provided with, a user name, password or any other piece of information as part of Our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify Davidoff Online immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
3.5. We have the right to disable your user name, password or other identifier at any time in Our sole discretion for any or no reason, including if, in Our opinion, you have violated any provision of these Terms & Conditions.
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4. Accuracy, Completeness and Timeliness of Information
4.1. We are not responsible if information made available on this site is not accurate, complete or current. Some of the material on 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.
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5. Online Shop Service and Delivery including their Modifications
5.1. Prices for Our products, Services or other material available as well as delivery conditions are subject to change without notice. Price is final and the online purchase contract is valid upon receipt of a Customer Order Number and related confirmation/ receipt. All benefits and risks associated with any transaction between you and Us pass to you Our products leave Our premises or upon completion of Services. Delivery to you shall be made FOB Pinellas Park, FL (Incoterms 2010). Any order shall be deemed fulfilled when shipment has been confirmed.
5.2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Modification may include partial or multiple shipments as necessary.
5.3. We reserve the right to limit or refuse the sale of Our products, Services or other material available 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, Services or other material available. We reserve the right to discontinue any product, Service or other material offered at any time. Any offer for any product, Service or other material made on this site is void where prohibited.
5.4. We have made every effort to display, as accurately as possible, the colors and images of Our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
5.5. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
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6. Products, Services, Other Materials available, and Returns
6.1. All descriptions of products, Services or other material available and related pricing are subject to change at any time without notice, at the sole discretion of Us. Certain products, Services or other materials may be available exclusively online through the Website. These products, Services or other material may have limited quantities and are subject to return or exchange only according to Our Return Policy, as set forth in Section 6.2.
6.2. If you are not satisfied with your purchase, please contact Customer Service and let Us know what item you wish to return and why. Please note that returns may only be accepted due to a product defect or the wrong product was shipped. You must assert your return claim regarding cigars or pipe tobacco within seven (7) days and humidors, pipes and other smoking accessories within fourteen (14) days of the receipt of your order. We will either exchange the product, based upon availability, or issue a refund; all other claims are excluded. A Return Label will be issued given a satisfactory reason for the return. All returns must use this label to be accepted, and the return must be completed within ten (10) days of receiving the Return Label. All products returned must be unused. All products must be shipped back in the original packaging. All paperwork, parts and accessories must be included with the products to receive a refund. It will take up to fifteen (15) business days from receiving a Return to process the refund.
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7. Accuracy of Billing and Account Information
7.1. 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 current and future orders that, in Our sole judgment, appear to be placed by individuals or entities that provide untrue, incomplete, inaccurate, or not current information, or We have reasonable grounds to suspect such information is untrue, incomplete, inaccurate, or not current, or are placed by individuals or entities who have the intent on dealing, reselling, or distributing Our products without a separate agreement for such actions in place at the time of the transaction.
7.2. You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. 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. Additional costs or losses incurring due to incomplete or incorrect account information or delivery addresses must be covered by you. For more detail, please review Our Return Policy, as set forth above in Section 6.2.
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8. Intellectual Property Rights
8.1. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned or licensed by Davidoff Online or its Affiliates, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on Our Website, except as follows:
• Your computer may temporarily store copies of such materials in memory incidental to your accessing and viewing those materials.
• Your computer may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
8.2. If you print, copy, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms & Conditions, your right to use the Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.
8.3. The Davidoff of Geneva since 1911 name, the Davidoff of Geneva since 1911 logo, and all related names, logos, product and Service names, designs and slogans are trademarks of Davidoff Online, its Affiliates, or its Licensors. You must not use such marks without Our prior written permission. All other names, logos, product and Service names, designs and slogans on the Website are the trademarks of their respective owners.
8.4. Your use of the Website, including any permitted printing, copying, or downloading of any part of the Website, does not transfer to you any right, title or interest in or to the Website or any content on the Website, and all rights not expressly granted are reserved by Us. Any use of the Website not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark and other laws.
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9. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Website:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms & Conditions.
• To impersonate or attempt to impersonate Us, one of Our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Us, may harm Davidoff Online or other users of the Website or expose Davidoff Online or them to liability.
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attempt to gain Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
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10. User Contributions
10.1. The Website may contain message boards and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display, text or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. Your User Contributions must comply with the Content Standards set out in these Terms & Conditions.
10.2. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant Davidoff Online and Our Affiliates and service providers, and each of their and Our respective licensees, successors and assignees the unlimited and irrevocable right to license, use, reproduce, modify, perform, display, distribute and otherwise disclose, in any form, media or technology existing at present or in the future, to third parties any of your User Contributions for any purpose and without compensation to you. Furthermore, you authorize Davidoff Online to use for Our own purposes, without compensation to you, any and all ideas, concepts, knowledge, or techniques contained in your User Contributions. By way of a non-exhaustive example of such authorization, We may use your contributions to develop, invent, or market products.
10.3. You represent and warrant that you own or control all rights in and to your User Contributions and have the right to grant the license granted above to Davidoff Online and Our Affiliates and service providers, and each of their and Our respective licensees, successors and assigns, and that all of your User Contributions do and will comply with these Terms & Conditions.
10.4. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Us, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
10.5. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
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11. Content Standards
These content standards apply to your User Contributions and use of Interactive Services. Your User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the generality of the foregoing, your User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by Davidoff Online or Our Affiliates or any other person or entity if this is not the case.
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12. Monitoring and Enforcement; Termination
12.1. We have the right to:
• Limit or prohibit your access to or use of the Website at any time.
• Change, edit, remove or refuse to post any User Contributions for any or no reason in Our sole discretion.
• Take any action with respect to any User Contribution that We deem necessary or appropriate in Our sole discretion, including without limitation if We believe that such User Contribution violates these Terms & Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Us.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms & Conditions.
12.2. Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Davidoff Online to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless Davidoff Online and any Affiliates, and each respective Licensors, Licensees and service providers from any claims resulting from any action taken by Davidoff Online during or as a result of its investigations and from any actions taken as a consequence of investigations by either Davidoff Online or Law Enforcement Authorities.
12.3. We may monitor User Contributions for compliance with these Terms & Conditions; however, We cannot and do not undertake to review all or any User Contributions before they are posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
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13. Links from the Website
13.1. If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Links from the Website to other websites are not an endorsement by Us. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
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14. Disclaimer of Warranties
14.1. YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOU USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE.
14.2. Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance, or special damages for harm to business, lost profits, lost savings, or lost revenues, whether or not We have been advised of the possibility of such damages. We shall not be liable for any damage that you suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of the Website. We shall not be liable for unauthorized access by third parties to your transmission facilities, premises, or equipment or for unauthorized access to or alteration, theft, loss, or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability, or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/ or the Website.
14.3. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
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15. Limitation of Liability
In no event will Davidoff Online, or Our Affiliates, or Our/ their respective licensors, licensees, service providers, employees, agents, Officers or Directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any website linked to it, any content on the Website or such other websites or any products, Services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
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You agree to defend, indemnify and hold harmless Davidoff Online, or Our Affiliates, or Our/ their respective licensors, licensees, service providers, and Our/ their respective officers, directors, employees, contractors, agents, licensors, licensees, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, Services and products other than as expressly authorized in these Terms & Conditions or your use of any information obtained from the Website.
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17. Governing Law and Jurisdiction
17.1. All matters relating to the Website and these Terms & Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.
17.2. With respect to any legal suit, action or proceeding arising out of, or related to, these Terms & Conditions or the Website, you consent to the exclusive jurisdiction and venue of the courts located in the State of Florida, in the United States of America, specifically the United States District Court for the Middle District of Florida if federal jurisdiction exists and, if no federal jurisdiction exists, the state courts of the State of Florida, Hillsborough County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Notwithstanding the forgoing, if you do not reside in the United States, We retain the right to bring any suit, action or proceeding against you for breach of these Terms & Conditions in your country of residence or any other relevant country.
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18. Waiver and Severability
18.1. Any failure by Davidoff Online to assert a right or provision under these Terms & Conditions does not constitute a waiver of such right or provision. Any waiver by Davidoff Online of any term or condition set forth in these Terms & Conditions is not, and should not be considered to be, a further or continuing waiver of such term or condition or a waiver of any other term or condition.
18.2. If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms & Conditions will continue in full force and effect.
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19. Force Majeure
19.1. "Event of Force Majeure" means an event beyond the control of the Authority and the Operator, which prevents a Party from complying with any of its obligations under these Terms & Conditions, including but not limited to: act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo; rebellion, revolution, insurrection, or military or usurped power, or civil war; contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or acts or threats of terrorism.
19.2. As a result of an Event of Force Majeure, Neither Party shall be considered in breach of these Terms and Conditions to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an Event of Force Majeure. The Party (the “Affected Party”) prevented from carrying out its obligations hereunder shall give notice to the other Party (the “Non-Affected Party”) of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party. If and to the extent that the Operator is prevented from executing the Services by the Event of Force Majeure, while the Operator is so prevented the Operator shall be relieved of its obligations to provide the Services but shall endeavor to continue to perform its obligations under the Terms and Conditions so far as reasonably practicable, provided that if and to the extent that the Non-Affected Party incurs additional Cost in so doing, the Non-Affected Party shall be entitled to the amount of such Cost.
19.3. Irrespective of any extension of time, if an Event of Force Majeure occurs and its effect continues for a period of one hundred eighty (180) days, the Affected Party may give to the Non-Affected a notice of termination, which shall take effect twenty eight (28) days after the giving of the notice. If, at the end of the twenty eight (28) day period, the effect of the Force Majeure continues, the Terms and Conditions shall terminate.
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