Terms and Conditions
These Terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Galaxy Cigars, Inc. (“we,” “us” or “our”), concerning your access to and use of the https://www.galaxycigarsticks.shop/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All cigars sold by Galaxy Cigars are not meant for resale purposes. The Site is intended for users who are at least 21 years old, and are allowed, by law, to purchase Tobacco products in the state in which the user resides.
AGE RESTRICTIONS
Persons under the age of 21 are not permitted to use or register for the Site.
A user’s age is verified and confirmed upon purchase of products on our site. Merchandise to underage customers will not be shipped.
We adhere to all Federal & State restrictions on Tobacco Sales, including minimum age of purchase.
Why does Galaxy Cigars require that you verify your age?
As per FDA regulations, we are required to ensure that we do not sell our products to anyone under the age of 21*. In order to verify our customer’s ages, as well as to protect them from fraud, we use a third-party system called Veratad to verify the identification and age of every customer that places an order on our site.*In the U.S. the age may vary based on state.
What is Veratad, and how does it work?
Veratad uses a database comprised of billions of public records to validate the information you submit when placing an order, to confirm the identity and age entered into our system. This service is designed to do this without sacrificing the privacy of the customer when placing an order.
Veratad is renowned for preventing cases of identity fraud by utilizing historical information that cannot be gleaned by the methods typically employed by identity thieves.
What does Veratad do with the information they obtain and is it secure?
• Veratad’s 256-bit encryption ensures your information remains secure
• Veratad does not store your sensitive personal information
• Veratad does not share or sell data with third parties
What happens if I do not pass the Veratad verification process?
A small percentage of customers fail the verification process, usually due to limitations in the age verification database, or due to the customer being located outside of the USA. In these instances, we will contact you to verify your identity or age manually. To do so we will require a copy of your driver’s license, or other government-issued ID, to verify your identification.
What if I enter the wrong date of birth, so that I can place an order for cigars?
If we receive an order from someone that entered a date of birth that is not verified by VERATAD, we will require the customer to send proof of their D.O.B. If the customer fails to comply, a cancellation fee will apply.
SALES TAX
Items sold by Galaxy Cigars and its subsidiaries may be subject to state and local taxes when they are purchased and/or shipped to select locations in the United States and it’s territories.
We adhere to all Federal & State restrictions on Tobacco Sales, including online taxes in the areas in which they would apply. Taxes, as they are displayed on Galaxy Cigars, are a combined rate that will include relevant State, County, & City Tax Rates as they apply.
Tax rates are based on the delivery address, not the billing address, and may vary due to the type of items being purchased.
EXCISE TAX
Ohio
As of October 2019, the state of Ohio imposes an excise tax on all tobacco products shipped into the state. Please note this excise tax is in addition to the OH sales tax already imposed on tobacco products sold to OH customers. For more details on the OH Excise Tax, review the Ohio Code 5743.62.
Maryland
As of July 2020, the state of Maryland imposes an excise tax on all tobacco products shipped into the state. Please note this excise tax is in addition to the MD sales tax already imposed on tobacco products sold to MD customers. For more details on the MD Excise Tax, review the Maryland House Bill 1301.
South Dakota
As of January 2022, the state of South Dakota imposes an excise tax on all tobacco products shipped into the state. Please note this excise tax is in addition to the SD sales tax already imposed on tobacco products sold to SD customers. For more details on the SD Excise Tax, review the 2021 South Dakota Legislature House Bill 1098.
North Carolina
As of July 2022, the State of North Carolina imposes an excise tax on all tobacco products shipped into the state. Please note this excise tax is in addition to the NC sales tax already imposed on tobacco products sold to NC customers. Cigars are taxed at 12.80% of the wholesale price, with a maximum excise tax of thirty cents ($.30) per cigar. For more details on the NC Excise Tax, review the North Carolina Session Law 2021-180.
Michigan
The State of Michigan imposes an excise tax on all tobacco products shipped into the state. Please note this excise tax is in addition to the MI sales tax already imposed on tobacco products sold to MI customers. Cigars are taxed at 32% of the wholesale price, with a maximum excise tax of fifty cents ($.50) per cigar. For more details on the MI Excise Tax, review the Michigan Legislature Section 205-431.
Indiana
As of February 2024, the state of Indiana imposes an excise tax on all tobacco products shipped into the state. Please note this excise tax is in addition to the Indiana Sales Tax already imposed on tobacco products sold to Indiana customers. Cigars and other tobacco products are taxed at 24% of wholesale cost. For more details on the Indinana Excise Tax, please review the Indiana Cigarette, Other Tobacco Products & E-Cigarette Taxes.
Colorado
As of March 2024, the state of Colorado imposes an excise tax on all tobacco products shipped into the state. Please note this excise tax is in addition to the Colorado Sales Tax already imposed on tobacco products sold to Colorado customers. Cigars and other tobacco products are taxed at 50% of wholesale cost. For more details on the Colorado Excise Tax, please review the Colorado Tobacco Products Tax Guide.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
Failure to abide by these terms will be subject to legal action under U.S state and Federal law.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm another person.
14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Delete the copyright or other proprietary rights notice from any Content.
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.
