General terms and conditions

1. Preamble

1.1 | General term

These general terms and conditions of sale constitute the entire agreement between the parties named below concerning transactions carried out on the website. https://cigarpassion.ch/.

1.2 | Definitions

The seller or the company refers to Tabac La Couronne S.A., a company registered under the IDE number CHE-103.634.650, whose head office is located at Rue de Rive 34 - 1260 Nyon - Switzerland, specializing in the sale of cigars, tobacco products, accessories and conservation products.

The buyer or the customer refers to any individual or legal entity making a purchase via the seller's https://cigarpassion.ch/ website. The buyer must be of legal age and legally capable of contracting and using this site in accordance with these general terms and conditions of sale.

Visit order means a contractual commitment between the buyer and the seller, where the buyer agrees to purchase the specified products or services, in accordance with the present terms and conditions of sale. It is established when the buyer selects products or services on the seller's website, completes the payment process, and the seller confirms receipt of this payment and accepts the order.

The website designates the web portal operated by Tabac La Couronne S.A., accessible mainly from the URL https://cigarpassion.ch/. This online platform enables users to discover, learn about and buy products. It includes all web pages, interactive features, information and services offered through this domain.

Products and services refers to all items and services available for sale on the website. This includes, without limitation, cigars, tobacco products, accessories, and products for preserving them, as well as any other items that may be offered for sale by the company. Products are described and presented as accurately as possible on specific pages of the website, including detailed information on essential characteristics, prices, availability, quantities and technical specifications.

Business day means any day from Monday to Friday, excluding national or local public holidays.

2. Products and services

2.1 | Product range

Our site offers for sale various products related to the consumption and preservation of cigars, including but not limited to cigars, cigarillos, cigar boxes, as well as accessories such as cigar cutters, lighters, matches, and humidors.

2.2 | Availability status

• In stock : Products are available for shipment immediately.
• Available These products are available from our main warehouse within 1 to 2 working days.
• Out of stock Product currently unavailable.

2.3 | Inventory management

We make every effort to keep our product availability information up to date. However, our suppliers' stock may vary, and a product ordered may no longer be available. We check our suppliers' stock regularly to minimize inconvenience.

In the event of unavailability, our customer service department will contact you promptly to propose a substitute or alternative product.

2.4 | Liability

The images and descriptions of the products presented on our site are provided for information only and are not contractual. The company cannot be held responsible for any minor differences between the visuals or descriptions and the final product received by the customer.

We accept no responsibility for any inconvenience or damage resulting from the unavailability of any product, whether in our stock or from our suppliers. We undertake to take all reasonable steps to minimize inconvenience and provide satisfactory solutions to our affected customers.

3. Awards

All prices of products and/or services displayed on our website are quoted in CHF or EUR and, depending on the shipping destination, may or may not include VAT at the applicable rate. These prices concern only the products and/or services and do not include shipping, administration and/or import taxes, which are calculated and added to the total amount of the order during the purchase finalization process.

The products will be invoiced on the basis of the prices in force at the time of validation of the order by the purchaser, subject to the availability of the products.

The company reserves the right to modify product prices at any time without notice.

4. Ordering process

4.1 | Product search

To place an order, start by browsing our product categories. Once you've found the product you want, select the quantity you require and add it to your shopping basket. Please note that a minimum order of CHF 200, excluding shipping costs, is required to finalize your purchase.

Before proceeding to checkout, you can review your basket to modify quantities or remove items if necessary. This step allows you to check the details of your order, including unit prices, quantities and subtotals.

4.2 | Cart validation

When you are ready to proceed to checkout, click on the "Checkout" button. You will be asked to enter your billing and shipping information, or to log in to your account if you already have one. You will also be able to choose your payment method from the available options.

Before finalizing your order, you will be asked to confirm that you have read and accepted these terms and conditions. A link to the full text of the terms and conditions will be available for viewing. This acceptance is required to continue.

4.3 | Finalizing the purchase

Once you're ready to finalize your purchase, click on the "Checkout" button. You will be redirected to a secure, encrypted payment platform. On this platform, you will be asked to enter your payment details according to the payment method you have chosen.

Most of our payment partners use the 3D Secure protocol, an additional identity verification step that helps prevent unauthorized use of your card. You may be asked to enter a security code sent by your bank or to complete another verification method to confirm that you are the legitimate holder of the card used for payment.

Once your identity has been validated by 3D Secure, the payment process continues with the bank authorization stage. The bank verifies that the necessary funds are available in your account and that the payment request is legitimate.

4.3 | Order confirmation

Once your payment has been validated, an order confirmation will be sent to you by e-mail. This e-mail will include a summary of the order, the total invoiced, and shipping information. This summary constitutes acceptance of the order by the seller and validates the sales contract between the parties, and the preparation and dispatch process will begin. We may carry out additional checks to reinforce the security of transactions.

Once your order has been dispatched, you will receive a tracking number that will enable you to follow the progress of your delivery on the carrier's website.

5. Payment

5.1 | Payment method

We offer a variety of payment methods to facilitate your purchases on our site. You can pay by credit card, including American Express, Diners Club, Maestro, Mastercard, and VISA. We also accept payment via PayPal, Union Pay and bank transfer. For our customers residing in Switzerland, payment options extend to TWINT, Postfinance Card, and Postfinance E-Finance, allowing maximum flexibility.

For credit card payments, the purchaser undertakes to use a card of which he/she is the legal holder or for which he/she has obtained legal authorization to use it. The buyer must provide accurate and complete card information, including the cardholder's name, card number, expiration date, and CVV security code, as clearly indicated on the card. Any payment made with incorrect or fraudulent information may be subject to cancellation and further investigation.

For payments by bank transfer, payment must be received within 5 working days of placing the order. It is important to pay the exact amount. Any bank charges are the sole responsibility of the customer. If we do not receive payment within this period, the order will automatically be considered cancelled.

5.2 | Transaction security

Our website uses HTTPS (Hyper Text Transfer Protocol Secure) for all communications between our users' browsers and our website. This protocol secures data exchanges by encrypting them using SSL/TLS, thus guaranteeing the confidentiality and integrity of our customers' personal and payment information.

During the payment process, the buyer is redirected to a secure platform managed by one of our trusted payment partners. This platform is equipped with state-of-the-art security technologies and complies with rigorous international payment security standards, including PCI DSS (Payment Card Industry Data Security Standard).

5.3 | Additional checks and transaction validation

To ensure the security of transactions and to protect both our customers and our company against fraud, we reserve the right to conduct additional verifications of the information provided at the time of payment. These checks may include, but are not limited to, validation of the personal and financial information provided. If necessary, we may contact you to obtain additional information to complete the validation of your order.

Orders will only be finalized and shipped after all necessary checks have been successfully completed. If the information provided cannot be validated satisfactorily, we reserve the right to refuse or cancel the order.

5.4 | Consent and cooperation

By placing an order on our site, the buyer explicitly consents to these potential checks and undertakes to cooperate fully, if necessary, to complete the order validation process.

Information relating to the purchaser's orders, including but not limited to personal and financial data, may be transmitted to third parties specializing in the verification and analysis of online transactions.

5.5 | Order cancellation reserve

We reserve the right to cancel orders for various reasons at our discretion. These reasons may include, but are not limited to, stock availability problems, errors in the prices displayed on our site, disputes arising from previous transactions, or transaction security concerns.

If we decide to cancel your order, you will be informed by e-mail and/or telephone. We will make a full refund of the amount paid, using the same method of payment as that used for the purchase, wherever possible. This refund will be made within a reasonable period of time, generally between 3 and 10 working days following notification of cancellation.

A refund fee may be deducted from the amount refunded to cover administrative or other costs incurred in processing the cancellation of the order.

6. Modification, cancellation and refund

6.1 | Procedure

If the buyer wishes to modify or cancel an order after receiving confirmation, he/she must contact our customer service department without delay. To do so, please send an e-mail without delay to the following address: customerservices@cigarpassion.com. Only requests sent by e-mail will be considered for the modification or cancellation of an order.

6.2 | Right to change

The purchaser may request changes to certain elements of the order after receiving confirmation, provided that the order is not yet being processed for shipment. Modifiable elements include only the shipping address and shipping method.

The customer may also request a change in the number of packages required for shipment. Additional charges will be applied depending on the quantity of packages and the final destination.

However, it is not possible to modify the quantity of products, change the products themselves, or add other products to the order.

6.3 | Right of cancellation

The buyer may cancel his order by sending an e-mail to the address given in Article 6.1. In order for the cancellation to be taken into account, it must be requested via the e-mail associated with the account holder and must include the order number. Cancellation fees will be applied as follows:

• Orders under 500 CHF: a cancellation fee of 50 CHF will be applied.
• Orders over 500 CHF: a cancellation fee of 10% of the total order amount will be deducted.

An additional administrative fee of CHF 30 may also be charged.

6.4 | Refund policy

If you decide to cancel your order, we will notify you by e-mail of our decision whether or not to cancel, depending on Article 6.5 and details of any applicable deductible charges. Once this confirmation has been sent, we will refund the amount paid, less any applicable charges.

Wherever possible, refunds will be made using the same payment method as the original purchase. We undertake to initiate the refund process within a reasonable period of time, generally 5 to 10 working days following the dispatch of the refund confirmation e-mail.

The actual time it takes for the refund to be visible on your account may vary and depends on the processing by the banking organizations concerned.

6.5 | Applicable restrictions

We reserve the right to refuse a request for modification or cancellation if the order has already been processed or is being prepared for shipment. Once an order reaches this stage, it is considered final and cannot be modified or cancelled.

7. Shipping and returns

7.1 | Shipping terms

All orders placed on our website are processed under the EXW (Ex Works) incoterm. This means that the seller's responsibility is limited to the delivery of the products to our premises.

However, we make the shipping process easy for our customers.

Responsibility for the products is transferred from the seller to the buyer not at the time the products are made available on our premises, but rather at the time the products leave our warehouse. From this point onwards, the buyer assumes all risks and costs associated with transporting the products to their final destination, including but not limited to loss or damage to the products, customs formalities, payment of taxes and duties.

Depending on the destination country, your order may be shipped directly by our company or by a third-party company in Switzerland.

Once the order has been dispatched, the purchaser will receive an e-mail notification with the tracking details enabling them to follow the progress of the parcel until delivery. It is the customer's responsibility to take all necessary steps with the appointed carrier to resolve any delivery disputes. The company undertakes to provide as much assistance as possible to facilitate this process.

7.2 | Shipping methods

We offer a variety of shipping methods tailored to our customers' needs and preferences. Here are the available options:

• In-store collection: products ordered will be available in our store within 5 working days of order validation. Customers will be contacted to inform them of product availability, and have 10 working days to collect their order. After this period, storage charges may be applied to keep the order in the boutique.
• International shipping: the order is entrusted to an external shipping company, which selects the most suitable carrier according to the destination country.
• Swiss PostPac International Priority (EMS): the order is entrusted to the Swiss Post carrier for shipment within Switzerland and internationally. In some cases, orders can be sent by registered mail.
• DHL (DAP, Delivery At Place): the order is entrusted to the private carrier DHL. Import taxes and other customs duties are payable by the customer on receipt.
• DHL (DDP, Delivery Duty Paid): this method also involves the use of DHL, but in this case our company assumes all customs and import duties. These costs must be paid in advance by the customer at the time of ordering.

7.3 | Delivery times and costs

• Switzerland and Liechtenstein: 1 to 3 working days
• Rest of the world: 3 to 12 working days

For Switzerland and Liechtenstein, shipping is free.

For international deliveries, shipping and administration costs are calculated automatically during the order validation process and depend on the destination, the number of products and/or the weight of the products in the basket at the time the order is validated.

Shipping times mentioned are indicative and may be subject to change due to a non-exhaustive list of external factors such as delivery delays by our suppliers or logistical disruptions.

7.4 | Specialized control and packaging

We pay particular attention to the quality and preservation of our products. As soon as they arrive in our warehouse, all items undergo rigorous checks to ensure their impeccable condition. Our facilities are equipped with state-of-the-art technology to rigorously control temperature and humidity, ensuring that the ideal conditions are maintained for cigar preservation.

Each product undergoes an additional inspection before shipping, affirming our dedication to maintaining exceptional quality. To maximize protection during shipment, we use special hermetic packaging for our cigar boxes, to maintain the optimum humidity essential for their preservation.

We offer the possibility of adding a Boveda sachet to your order for an additional cost of CHF 2 per product. This option is available during the ordering process and ensures better humidity control, helping to maintain the optimal quality of your products during transport.

7.5 | Package returns

In cases where a parcel is returned to our warehouse for reasons such as an address not found, refusal to pay import taxes, or any other similar reason, the parcel will be returned to the company that sent the order. Please note that each order must be reshipped at least once.

To reship a package that has been returned, the following charges will apply:

• Return costs: CHF 30 for the return of the parcel by the carrier.
• Repackaging fee: CHF 20 to check and prepare the package for dispatch.
• Change of destination: any change of destination country may entail additional VAT costs, equivalent to 8.1% of the amount of the products in the order.

Reshipment of the parcel is possible up to 3 months after the date of receipt of the parcel. If this period is exceeded, or if there is no response from the customer after at least three attempts to contact us by the means at our disposal (e-mail, telephone, WeChat, WhatsApp, etc.), we will automatically return the goods to stock and no refund will be made.

7.6 | Refunds

The refund of a returned parcel is conditional upon receipt of the parcel at the sending company's premises. On receipt, the logistics team will carry out a rigorous inspection of the parcel to check the condition of the products. The customer will be contacted by e-mail and/or telephone to be informed that the parcel has been received and inspected.

The customer is responsible for all costs related to the return of the package, including shipping and repackaging costs, as well as any damage or missing products. These costs will be taken into account when calculating the refund.

The cancellation fees specified in Article 6.3 of the general terms and conditions of sale, as well as the additional charges mentioned in Article 7.4will be deducted from the total amount to be refunded. Wherever possible, refunds will be made using the same payment method as the original purchase.

Once the package has been inspected and all charges deducted, the net amount will be refunded to the customer. The customer will be informed by e-mail of the amount of the refund and the deductions applied. The refund will be made within a reasonable period of time, usually 5 to 10 working days.

8. Return of goods and claims

8.1 | General terms

To initiate a return of ordered products, the customer must contact our customer service department within 2 working days of receipt of the order. Requests submitted after this time will not be accepted.

No return of goods will be accepted without the prior written agreement of the company.

The company will consider requests to return goods in the following cases:

• Incomplete order: the customer receives an order in which some of the items specified in the initial order are missing.
• Product error: the product delivered is not the one ordered.

We will assume all costs associated with the return and reshipment of the package. No additional costs will be charged to the customer in such cases.

However, for reasons of integrity, hygiene and safety, we do not accept returns in the following cases:

• Selection error: the error is due to the customer's choice at the time of ordering.
• Personal dissatisfaction: returns based on simple personal dissatisfaction or taste preferences are not permitted.
• Customized products: any type of product designed specifically for the customer, such as cigar selections, engravings, or any other personalization service.
• Alteration of original packaging: products whose original packaging has been opened or damaged cannot be returned, in order to guarantee the safety and hygiene of our products.

In the event of anomalies, the parcel will be returned to you.

8.2 | Return procedure

For your return request to be considered, please follow the steps below carefully:

1. Take photos of the products inside and of each product from all angles, without removing the protective film or any external packaging. It is essential that products remain in their original condition as received.
2. Send all photos and a clear description of the problem encountered to customer service by e-mail. Customers must be sure to include their order number and write from the e-mail address used when validating the order.
3. If the return is approved, the customer must return the products to the address indicated by the seller. The customer must use a delivery service with tracking and communicate this to the seller once the goods have been dispatched. Transport risk and costs will be borne by the customer.

8.3 | Complaints

In the event of a complaint concerning a parcel received, we ask our customers to scrupulously follow the following procedure. A video demonstrating the following steps is required to document and validate your claim:

1. When your parcel arrives, record a video showing all sides of the parcel to confirm that the seals are intact and that the outer packaging has not been tampered with.
2. Open the pouch containing the shipping documents and show them in the video to prove their presence and integrity.
3. Open the package carefully, taking care not to damage the contents. Document this step carefully in the video.
4. Show the inside of the package without handling the products, so that their original arrangement is visible.
5. Remove the products one by one, taking care to show each side of the product and the seals of authenticity, while keeping the products in their airtight packaging.
6. Empty the package completely and open each product individually, presenting them clearly for identification.
7. Send the video and any other relevant information to our customer service department. Make sure the video is complete and uninterrupted to facilitate the evaluation of your claim.
8. Our customer service department will study your case and provide you with a response within a reasonable timeframe, generally 5 working days after receipt of all the necessary information.

9. Warranties and liabilities

9.1 | Product warranty

The company is committed to offering top-quality products. Each box of Cuban cigars comes with the following features:

• Republica de Cuba" guarantee seal: this green seal is present on all Cuban cigar packaging. It features a unique serial number and visible and invisible security codes.
• Protected Designation of Origin (Habanos D.O.P.): a self-adhesive label affixed to each box certifies the authenticity and origin of the cigars. Inside the box is a certificate of originality.
• Swiss Quality Control" (SQC) seal: specific to Switzerland, this seal is added by Intertabak AG to guarantee the quality and authenticity of imported cigars. It includes security features specific to Switzerland.
• Box markings: authentic Cuban cigar boxes bear the inscriptions "Habanos S.A", "Hecho en Cuba" (Made in Cuba), "Totalmente a mano" (Entirely hand-made), as well as a factory code and the boxing date. These inscriptions are engraved or stamped on the bottom of the box.
• Company control label: this label guarantees that the cigar box has undergone conformity and quality control, attesting to the highest Swiss standards.

Source : Official website of Intertabak AGthe official importer of Habanos and Cuban cigarillos for Switzerland and Liechtenstein since 1995.

9.2 | Warranty of conformity

The seller guarantees that all products are inspected and packed to the highest standards, free from material defects. Upon delivery, products must be immediately inspected by the customer. Any complaint concerning apparent defects or missing items must be notified within 2 working days of receipt, accompanied by photos and a detailed video of the contents.

9.3 | Limitation of liability

Defects or deterioration resulting from inadequate post-shipment storage or preservation, such as exposure to heat sources or inappropriate humidity conditions, are not covered by our warranty.

The company declines all responsibility if the products are resold outside Switzerland, or if the buyer does not comply with local legislation in the country of destination. It is the buyer's responsibility to ensure that the products ordered are authorized for import and use in his country.

9.4 | Right of withdrawal

Unlike other jurisdictions, Swiss law does not impose a general right of withdrawal for distance purchases, including online purchases.

Products are sold on a final sale basis upon confirmation of the order.

We encourage our customers to think carefully before finalizing their order, as once placed, it is considered final and irrevocable.

10. Privacy policy

10.1 | Collection of personal data

The company undertakes to collect only the data strictly necessary for the provision of its services. The information collected may include, but is not limited to, name, postal address, e-mail address, telephone number and payment information. This data is collected when you make purchases, subscribe to our newsletter, or participate in our promotions.

10.2 | Use of personal data

The personal data collected is used for the following purposes:

• Processing and managing your orders.
• Communication with you regarding your orders or other requests.
• Improving our services and offers.
• Sending of commercial and promotional information only, if you have given your consent.

10.3 | Data storage and security

We store personal data in secure systems, accessible only by a limited number of authorized persons. We take all necessary technical and organizational measures to protect your data against loss, theft, unauthorized access, disclosure, copying, use or modification.

10.4 | Sharing data with third parties

The company only shares your personal data with third parties in the following cases:

• Service providers and business partners for the provision of requested services (e.g. logistics companies for order delivery).
• If required by law, for example, in response to a request from the judicial authorities.

10.5 | User rights

In accordance with Swiss law, you have the following rights regarding your personal data:

• Right of access: You can ask at any time what personal data we hold about you.
• Right of rectification: You have the right to request the correction of incorrect or incomplete data.
• Right to erasure: Under certain conditions, you may request the deletion of your personal data.
• Right to restrict processing: You may request the restriction of the processing of your personal data.
• Right to object: You may object to the use of your data for direct marketing purposes.

10.6 | Data retention

Personal data is kept for as long as necessary to achieve the purposes for which it was collected, or to comply with our legal obligations.

10.7 | Changes to the data protection policy

The company reserves the right to modify this data protection policy at any time. Changes will take effect as soon as they are published on our website.

If you have any questions or concerns about our data protection policy, please contact our customer service department at the following e-mail address customerservices@cigarpassion.com.

11. Intellectual property

All content included on our website, including but not limited to text, graphics, logos, images, video clips, digital downloads, data compilations and software, is the property of Tabac La Couronne S.A. or its content suppliers and protected by national and international intellectual property laws.

The purchaser is authorized to use the contents of the site for personal, non-commercial purposes. Any other use, including reproduction, modification, distribution, transmission, republication, display or performance of the content without the prior written permission of Tabac La Couronne S.A. is strictly prohibited.

Any infringement of intellectual property rights may result in civil or criminal proceedings.

12. Applicable law and competent courts

The contract as regulated by these General Terms and Conditions, the General Terms and Conditions and all subsequent orders are governed by Swiss law.

Subject to the other compulsory jurisdictions provided for consumer contracts, all disputes, differences or claims arising out of or in connection with the Contract and these General Terms and Conditions shall be settled by the competent courts in Nyon.

13. Revision of general terms and conditions of sale (GTCS)

The Company reserves the right to modify these General Terms and Conditions (GTC) at any time. These modifications will come into effect as soon as they are published on our website. It is the purchaser's responsibility to consult the GCS regularly in order to be informed of any changes.

14. Contact and customer service

Store address: Tabac La Couronne S.A., Rue de Rive 34, CH-1260 Nyon (VD)
Store opening hours: Monday to Friday, 10 a.m. to 7 p.m. and Saturday, 9:30 a.m. to 6:30 p.m.
Store telephone: +41 (0) 79 808 58 88
Store email : store@cigarpassion.com

Service hours: Monday to Friday, 9 a.m. to 5 p.m.
Service telephone number: +41 (0) 79 104 19 98
Service e-mail : customerservices@cigarpassion.com