Terms of Use

Last Updated: March 2024

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THE BURNT LEAF LOUNGE TERMS OF USE

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BEFORE USING OUR SITE OR MAKING ANY PURCHASES, PLEASE CAREFULLY READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS. YOUR USAGE OF OUR SITE OR PURCHASE OF ANY ITEMS FROM IT SIGNIFIES YOUR ACCEPTANCE OF THESE

TERMS AND CONDITIONS.

 

GENERAL

 

Welcome to TheBurntLeafLounge.com!

 

Prior to accessing the TheBurntLeafLounge.com Web Site (referred to as the "Site") or making any purchases, please take a moment to review the terms that regulate your usage of the Site. By utilizing the Site or purchasing any Products offered on it, you agree to comply with these terms outlined in this Agreement. These terms and conditions (referred to as the "Terms") solely govern the sale of products by The Burnt Leaf Lounge ("TheBurntLeafLounge.com"), including subscriptions, gifts, and premium cigars (collectively known as the "Products"), as well as the usage of the Site, and form a binding agreement between you and TheBurntLeafLounge.com.

 

TheBurntLeafLoung.com reserves the right to modify these Terms periodically. Your continued use of the Site (excluding the initial review of this Agreement) following any modifications constitutes your agreement to adhere to and be bound by the revised Terms. We may also update the Site occasionally, including changes to content, features, or software. Such modifications do not affect the enforceability or applicability of this Agreement to you, and you are bound by this Agreement regardless of any alterations to the Site.

 

Should you have any inquiries regarding this Agreement or the Site, please contact us at contact@TheBurntLeafLounge.com.

 

To view or purchase products on the Site, you must be of legal age to buy tobacco products, including premium cigars, in your state of residence, and in any event, must be 21 years of age or older. Any individuals below this age attempting to purchase products will not receive any items and forfeit their payment to TheBurntLeafLounge.com without reimbursement. Additionally, they may face legal prosecution.

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By accessing or purchasing Products on the Site, you confirm and warrant the following:

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• You are 21 years of age or older, and you are legally permitted to purchase and consume tobacco products, including premium cigars, in your state and country of residence.

• You will not utilize any Products acquired from the Site for unlawful purposes, and you will not distribute them to minors or individuals under the legal age to purchase and consume tobacco products in their state and country of residence.

• You have read, understood, and agree to comply with this Agreement, the Terms, and any cautions or warnings provided on the Site and its Products.

• You understand that Products are not meant for resale, and you will not attempt to resell them.

 

ACCEPTANCE OF ORDERS

Occasionally, there may be orders that we cannot accept for various reasons. TheBurntLeafLounge.com retains the right, at its sole discretion, to decline or cancel any order for any reason. Situations leading to order cancellation may include limitations on available quantities, inaccuracies in product or pricing information, obligations to comply with laws or regulations, or issues identified by us regarding credit and fraud prevention. We may also request additional verification or information from you before accepting and processing an order.

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If we cancel all or part of your order, or if additional information or verification is necessary, we will promptly contact you. In the event of order cancellation after payment, we will issue a refund to the original payment method.

 

PRICING

Product sales are conducted at the Prices listed for each Product at the time of purchase. Prices do not include shipping and handling costs or applicable taxes and duties, which are the sole responsibility of the customer. TheBurntLeafLounge.com is not liable for any such charges imposed on orders placed on the Site.

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While TheBurntLeafLounge.com strives for accurate pricing and product information, errors may occur. We cannot confirm the price of a product until after an order is placed. If a product is listed at an incorrect price or with inaccurate information due to an error, we reserve the right to refuse or cancel orders for that item at our discretion. We may contact you for instructions or cancel your order and notify you accordingly. TheBurntLeafLounge.com also reserves the right to refuse service, terminate accounts, edit content, or cancel orders as deemed necessary.

 

SHIPMENTS

The purchaser assumes the risk of loss during transportation and shipment. By arranging transportation, TheBurntLeafLounge.com acts as a service provider on behalf of the purchaser. By utilizing this service, the purchaser confirms compliance with local and state laws regarding the purchase, transportation, and delivery of the goods. The purchaser asserts legal age, necessary permissions, payments, and compliance with licensed intermediaries where required for the ordered quantities.

 

INTERNATIONAL SHIPMENTS

For international shipments outside the USA, shipping rates are determined by the purchaser's location and selected items. All duties, taxes, and licenses incurred are the responsibility of the purchaser. TheBurntLeafLounge.com is not liable for orders subject to pending taxes, duties, or licenses. Refunds, returns, and replacements are not offered for international purchasers.

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LINKS TO THIRD-PARTY WEBSITES

The Site may contain hyperlinks to third-party websites. TheBurntLeafLounge.com does not govern these websites and assumes no responsibility for their content. Hyperlinks to third-party websites do not imply endorsement, recommendation, or approval by TheBurntLeafLounge.com. TheBurntLeafLounge.com bears no liability for the content or use of these third-party websites.

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COPYRIGHTS, TRADEMARKS, AND INTELLECTUAL PROPERTY RIGHTS

All materials on the Site are copyrighted by The Burnt Leaf Lounge, unless otherwise indicated. Unless explicitly stated, all materials, including images, illustrations, designs, icons, photographs, and written content on the Site, are copyrights, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by TheBurntLeafLounge.com. The Site and its contents are protected by copyright and trade dress laws, with all rights reserved by TheBurntLeafLounge.com. Any use of TheBurntLeafLounge.com trademarks, service marks, product names, or logos without prior written permission is strictly prohibited.

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All other trademarks, service marks, product names, and company names or logos appearing on the Site are the property of their respective owners. Unauthorized use of these trademarks or logos is strictly prohibited without the prior written consent of the owner.

 

The materials on the Site are intended for personal, noncommercial use only. You may use the Site for personal purposes but are prohibited from reproducing, publishing, transmitting, distributing, displaying, modifying, creating derivative works, selling, or exploiting any materials or software from the Site without prior written permission from TheBurntLeafLounge.com.

 

USER COMMENTS AND FEEDBACK

Any comments, feedback, suggestions, ideas, or submissions disclosed or offered to TheBurntLeafLounge.com in connection with your use of the Site become the property of TheBurntLeafLounge.com. By disclosing or submitting such content, you assign all worldwide rights, titles, and interests in any copyrights and other intellectual property rights to TheBurntLeafLounge.com.

 

AGE VERIFICATION

The materials on our Site may be inaccessible or legally unsuitable for individuals below the legal age to purchase tobacco products in their respective state or country of residence. Before accessing our Site or making any purchases from TheBurntLeafLounge.com, you must confirm that you are of legal age to purchase and consume tobacco products in your state and country of residence. By accessing the Site or purchasing any Products, you affirm that you meet the legal age requirements. You agree to furnish any requested information to TheBurntLeafLounge.com for age verification purposes, and authorize us to process this information through a third-party age verification service, adhering to our privacy policy.

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Please note that TheBurntLeafLounge.com exclusively deals in cigars and does not sell cigarettes. We disclaim any liability for minors purchasing tobacco products using a guardian's payment method. We employ Electronic Verification Services (EVS) to confirm legal age eligibility. If required, EVS may request additional documentation, such as a driver's license, for age verification. Any sensitive information provided is not stored and is handled according to our privacy policy.

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COMPLIANCE WITH LAW

By utilizing our Site, you agree to use it and our Products solely for lawful purposes, refraining from transmitting any material that violates the rights of others or constitutes unlawful, threatening, abusive, defamatory, invasive, vulgar, obscene, or otherwise objectionable content. TheBurntLeafLounge.com reserves the right to refuse sales or terminate Site access for any violation of this provision or any other terms outlined in this Agreement.

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DISCOVERY GUARANTEE

At TheBurntLeafLounge.com, we aim to offer you an exceptional experience. Our goal is for you to enjoy every cigar you receive from us. However, if you are dissatisfied with any of the cigars, please inform us by emailing contact@TheBurntLeafLounge.com, and we will include an extra cigar with your next shipment, limited to one cigar per shipment.

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RISK ACKNOWLEDGEMENT

You acknowledge that your use of our Site is at your sole risk. We do not warrant that the Site will be error-free or have uninterrupted service or availability. TheBurntLeafLounge.com shall not be liable for any damages resulting from your use of the Site.

 

TheBurntLeafLounge.com provides all information, materials, and graphics on the Site on an "as is" basis without any warranties. We expressly disclaim all warranties regarding the information, materials, or graphics on the Site.

 

LIMITATION OF LIABILITY

In no event shall TheBurntLeafLounge.com be liable to you or any third party for any loss of use, revenue, profit, or any consequential, indirect, incidental, special, exemplary, or punitive damages, arising from breach of contract, tort (including negligence), or any other legal theory, regardless of foreseeability. Our aggregate liability under this Agreement or breach of the limited warranty shall not exceed the total amounts paid to TheBurntLeafLounge.com for the Products sold hereunder.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TheBurntLeafLounge.com, its directors, officers, employees, and agents, from all damages, claims, liabilities, costs, and expenses, including reasonable attorney fees, arising from any violation of this Agreement by you or anyone accessing the Site under your account.

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CHANGES TO TERMS OF USE

TheBurntLeafLounge.com reserves the right to modify these Terms at any time by posting updated Terms on the Site. For inquiries regarding these Terms, please contact us at contact@TheBurntLeafLounge.com.

 

GOVERNING LAW

All matters relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida, without regard to conflicts of law principles.

 

MISCELLANEOUS

Your right to use the Site is personal and non-transferable. You may not assign any rights or delegate obligations under this Agreement without our prior written consent. If any provision of this Agreement is deemed invalid, illegal, or unenforceable, it shall not affect the validity or enforceability of other provisions. Certain provisions of these Terms shall survive termination or expiration of any Product order.

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SURGEON GENERAL WARNING

Cigar smoking can lead to health issues such as cancers of the mouth, throat, lung cancer, and heart disease, even without inhaling. Cigar smoking is not a safe alternative to cigarettes and can pose risks during pregnancy, increasing the likelihood of infertility, stillbirth, and low birth weight. Cigars contain nicotine, an addictive chemical, and produce chemicals known to cause cancer, birth defects, and reproductive harm.

 

Enjoy cigars responsibly.