1. ABOUT THESE TERMS
1.1. These Terms and Conditions of Purchase (the "Terms") govern the sale of products by 5 Hertford Street Limited (trading as "Birley Cigars", "we", "us" or "our"), a company incorporated in England and Wales with company number 06913368 and registered office at 5th Floor, 105 Piccadilly, London, England, W1J 7NJ, to any person who places an order through www.birleycigars.com (the "Site").
1.2. In these Terms, "you" and "your" mean the person placing an order, "Member" means an individual who is a member of 5 Hertford Street or any of its affiliated clubs (including Oswald's and Maxime's), and "Products" means the goods offered for sale on the Site, including cigars and related accessories.
1.3. Please read these Terms carefully before placing an order. By placing an order, you confirm that you accept these Terms.
1.4. You can contact us:
(a) by email at cigars@birleycigars.com;
(b) by post at 6a Trebeck Street, Mayfair, London, W1J 7LY; or
(c) by visiting this page on our Site: www.birleycigars.com/contact.
2. AGE RESTRICTION AND VERIFICATION
2.1. The Products are age-restricted. You must be of legal age to purchase tobacco products to place an order.
2.2. It is unlawful for us to sell tobacco products to any person below the applicable minimum age.
2.3. We carry out age-verification checks in connection with your order and may require satisfactory proof of age before we accept your order or hand over the Products. You agree to provide any information reasonably required to verify your age, and you consent to us carrying out such checks. We may refuse to accept an order, or refuse delivery or collection, where we are not satisfied that you are of legal age to purchase tobacco products.
3. HOW A CONTRACT IS FORMED
3.1. All orders placed through the Site are an offer by you to purchase the Products and are subject to acceptance by us.
3.2. Until we confirm your order, we reserve the right to amend the description and/or price of any Products if required. Any amendment will be confirmed to you before your order is processed.
3.3. A binding contract between you and us is formed only when we send you confirmation that your order has been accepted.
3.4. Order confirmation is provided as follows:
(a) for Members, orders will be confirmed via your chosen form of communication (telephone or email); and
(b) for non-members and guests, orders will be confirmed via email.
3.5. The Site is open both to Member’s and to the public. Members benefit from the order-confirmation and payment arrangements for Members set out in clauses 3.4(a) and 4.3(a); all other customers are treated as non-members or guests under those clauses.
4. PRICING AND PAYMENT
4.1. All prices shown on the Site are in pounds sterling and are inclusive of UK VAT at the applicable rate (currently 20%).
4.2. Delivery charges are shown separately and are added to the price of the Products at checkout, as set out in clause 6.
4.3. Payment is taken as follows:
(a) for members, no payment details are processed online; your order will be confirmed via your chosen form of communication, and payment will be arranged with you before your order is processed; and
(b) for non-members and guests, payment details are processed online at the time of ordering.
4.4. Product prices and delivery charges are liable to change at any time, but changes will not affect Orders already placed.
4.5. Payment can be made using a variety of methods as shall be detailed during the shopping process. Payment for the Products and all applicable delivery charges is in advance.
5. DELIVERY AND SHOP COLLECTION
5.1. Delivery: All orders will be dispatched as soon as reasonably possible after your order is accepted and, where applicable, payment is received. We dispatch orders by standard recorded delivery.
5.2. Shop collection: You may choose to collect your order from our store. Orders placed Monday to Friday between 11:00 a.m. and 5:00 p.m. (excluding UK bank holidays) are typically ready for collection within one hour. Orders placed outside these hours will be prepared on the next business day. We will notify you as soon as your order is ready for collection.
5.3. We aim to have all orders ready for collection within the stated timeframe. However, during busy periods, on or around UK bank holidays, or due to unforeseen circumstances, preparation may take a little longer. If this happens, we will notify you as soon as possible.
5.4. Risk of loss or damage to the Products passes to you when the Products are delivered to you or collected by you (or by a person identified by you to take delivery).
6. DELIVERY CHARGES
6.1. UK delivery: We offer free standard recorded delivery within the UK on all orders over £200. On orders of £200 or less, delivery is charged at £25 for orders up to 2kg. Larger or heavier items are sent by courier, at prices quoted to you before delivery.
6.2. International delivery: International delivery charges are as follows:
(a) within the EU, up to 2kg - £90;
(b) within the EU, from 2kg to 5kg - £150;
(c) outside the EU, up to 2kg - £131; and
(d) outside the EU, from 2kg to 5kg - £165.
6.3. For orders exceeding 5kg, and for humidors or other large items, charges will be quoted to you before shipment.
6.4. Products may be subject to the import duties and/or customs fees of the destination country. Where you are the importer of the Products, you are responsible for any such duties and fees.
7. YOUR RIGHT TO CANCEL
7.1. If you are a consumer buying at a distance, you have the right to cancel your order within 14 days without giving any reason, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
7.2. The right to cancel does not apply to cigars that were supplied in sealed packaging where that packaging has been opened or the seal has been broken after delivery, because such Products are not suitable for return for health protection and hygiene reasons. The right to cancel continues to apply to cigars that are returned unopened in their original sealed packaging.
7.3. The cancellation period ends 14 days after the day on which you (or a person identified by you) receive the Products or, where the order is delivered in separate consignments, the last consignment.
7.4. To cancel, you must tell us of your decision by a clear statement, using the contact details in clause 1.4, before the cancellation period ends.
7.5. If you cancel, you must return the Products to us without undue delay and in any event within 14 days of telling us that you wish to cancel. You are responsible for the direct cost of returning the Products. You must take reasonable care of the Products while they are in your possession and when returning them, including keeping and transporting the cigars in appropriate humidity and storage conditions so that they remain in saleable condition on their return to us.
7.6. We will reimburse all payments received from you, including standard delivery costs (except any extra cost arising from your choice of a delivery type other than the least expensive standard delivery we offer), without undue delay and no later than 14 days after the day we receive the Products back or you supply evidence of having sent them back, whichever is earlier.
7.7. We may reduce the amount we reimburse to you (by up to the full price of the Products) to reflect any loss in value of the Products resulting from your handling or storage of them beyond what is necessary to establish their nature, characteristics and functioning. In the case of cigars, this includes any deterioration or loss of saleable quality caused by a failure to keep or transport them in appropriate humidity and storage conditions.
8. RETURNS OF FAULTY OR INCORRECT PRODUCTS
8.1. Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015.
8.2. If any Product is faulty, damaged on arrival, or not what you ordered, please contact us using the details in clause 1.4 as soon as reasonably possible, and we will arrange a repair, replacement or refund as appropriate.
8.3. Where you return Products that are faulty, damaged on arrival or incorrect, we will bear the cost of return.
9. OUR LIABILITY
9.1. Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, for fraud, or for any of your statutory rights as a consumer that cannot lawfully be excluded.
9.2. Subject to clause 9.1, we are not liable for any loss or damage that was not foreseeable, or that arises from circumstances outside our reasonable control.
10. CHANGES TO THESE TERMS
10.1. We may amend or update these Terms from time to time. The Terms that apply to your order are those in force at the time you place your order.
10.2. Any changes will be posted on this page with a revised "last updated" date. Please review these Terms regularly.
11. GENERAL
11.1. If any provision of these Terms is found to be illegal, invalid or unenforceable, that provision will be removed and the remaining provisions will continue in full force and effect.
11.2. These Terms constitute the entire agreement between you and us in relation to your order.
12. GOVERNING LAW AND JURISDICTION
12.1. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the law of England and Wales.
12.2. The courts of England and Wales have non-exclusive jurisdiction to settle any such dispute or claim. If you are a consumer resident in another part of the UK, you may also bring proceedings in the courts of the part of the UK in which you are resident.