Last updated: June 28, 2020

1. Agreement to these Terms

These Terms of Use (“Terms”) govern your use of usenvoy.org and its related pages, accounts and services (the “Site”), operated by US Envoy Foundation (“US Envoy,” “we,” “us”). By using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site.

2. Age requirement

The Site concerns premium tobacco products. You must be at least 21 years old, and of legal smoking and purchasing age where you live, to use the Site, create an account or place an order. By using the Site, you confirm that you meet this requirement. We may verify age at any time and refuse or cancel any order where we cannot.

3. Eligibility and lawful supply

Products are offered only where their sale, shipment and import are lawful. Cuban-origin products are not offered or sold to persons subject to United States jurisdiction, wherever located, or to any destination where their sale or import is prohibited, including under the Cuban Assets Control Regulations (31 CFR Part 515) administered by the US Treasury’s Office of Foreign Assets Control. You are responsible for knowing and complying with the laws of your jurisdiction, including import, customs, excise and tobacco laws. We may ask for information to confirm eligibility and may decline any request, at our discretion, to comply with applicable law.

Nothing on the Site is an offer to sell any product in any jurisdiction where that offer would be unlawful. US Envoy does not use, and does not offer access to, diplomatic privileges, immunities or channels of any kind.

4. Membership

Membership in US Envoy is by invitation only, at our sole discretion. Submitting an inquiry does not create membership or any right to it. Members agree to the US Envoy code of conduct: to act with honor, respect and discretion, and not to use the US Envoy name for partisan or commercial purposes. We may suspend or end a membership if a member breaches these Terms or the code of conduct. 

5. Accounts

You are responsible for keeping your Boutique Account and Contribution Dashboard credentials confidential, and for all activity under your account. Tell us promptly at vip@usenvoy.org if you suspect unauthorized use. We may suspend accounts that are inaccurate, inactive or misused.

6. Products, allocations and orders

  • We try to describe products accurately. Tasting notes are subjective, and images are illustrative. Natural tobacco varies in color and character from box to box.
  • Special, limited, regional and reserve editions are allocated in small numbers and may sell out. Submitting a request does not guarantee an allocation.
  • An order is accepted only when we confirm it in writing and it has passed eligibility checks. We may refuse or cancel any order, including for pricing errors, suspected fraud or legal reasons, and will refund any amount paid.
  • Prices are shown in US dollars and exclude taxes, duties and shipping unless stated. You are responsible for any duties, excise or import charges in your jurisdiction.

7. Shipping, risk and returns

  • Cigars are packed to protect them in transit and shipped only to permitted destinations. Delivery times are estimates. Adult signature required on delivery.
  • Risk of loss. Risk passes to you on delivery to the carrier.
  • Because tobacco products are perishable and must be stored correctly, all cigar sales are final, unless the product arrives damaged or is not what you ordered. Report any issue within 7 days of delivery, with photographs.
  • Unused Boutique items in original condition may be returned within 20 days of delivery for a refund, less shipping. Personalized items are final sale.

8. Authenticity

We source products through established channels and provide an authenticity verification portal. If you believe a product is not authentic, contact us within 14 days of delivery. If we confirm the concern, we will replace the product or refund the purchase price; this is your sole remedy for authenticity claims.

9. Contributions to the US Envoy™ Fund

Contributions are administered by Rothswell Financial, Inc. Contributions are voluntary and, once processed, non-refundable, except in case of error. We will use contributions in line with the Fund’s charter, but we may direct them to the programs where we judge they will do the most good.  Recurring gifts may be cancelled at any time through the Contribution Dashboard.

10. Intellectual property

The Site and its content — including the US Envoy™ name, the laurel-and-leaf emblem, text, images, video and design — belong to US Envoy or its licensors and are protected by intellectual property laws. You may view and print pages for personal, non-commercial use. You may not copy, modify, distribute or use our marks without written permission. Third-party brand names and marks, including those of cigar houses, belong to their owners; their appearance on the Site does not imply endorsement or affiliation.

11. Acceptable use

You agree not to:

  • use the Site in violation of any law, including tobacco, customs and sanctions laws;
  • misrepresent your age, identity, residence or eligibility;
  • resell products bought through the Site, or buy on behalf of someone who is ineligible;
  • interfere with the Site’s security or operation, or access it by automated means without permission;
  • post or send anything unlawful, defamatory or infringing through the Site’s forms.

12. Health notice

Cigar smoking can cause serious health problems, including cancers of the mouth, throat and lungs, even if you do not inhale. Tobacco products are for adults only. Nothing on the Site is health advice. 

13. Third-party links and services

The Site may link to third-party websites and services, such as video platforms and payment providers. We are not responsible for their content or practices, and your use of them is governed by their terms.

14. Disclaimers

The Site and its content are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, except those that cannot be excluded by law. We do not warrant that the Site will be uninterrupted or error-free.

15. Limitation of liability

To the fullest extent permitted by law, US Envoy and its officers, members, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, data or goodwill, arising from your use of the Site or any product. Our total liability for any claim relating to the Site or a purchase will not exceed the amount you paid us for the product or service giving rise to the claim, or US$100 if nothing was paid. Some jurisdictions do not allow these limits, so they may not apply to you; nothing in these Terms limits liability that cannot lawfully be limited.

16. Indemnification

You agree to indemnify and hold harmless US Envoy and its officers, members, employees and agents from any claims, losses and expenses, including reasonable legal fees, arising from your breach of these Terms or your violation of any law, including laws on age, import, customs and sanctions.

17. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. Any dispute will be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to their jurisdiction. If you are a consumer in the UK or EU, you keep the protection of mandatory laws of your country of residence.

18. Changes to these Terms

We may update these Terms from time to time. The new version takes effect when posted here with a new “Last updated” date. Continued use of the Site after that means you accept the updated Terms.

19. General

If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. These Terms, the Privacy Policy and any Membership Agreement are the entire agreement between you and us about the Site. You may not assign these Terms; we may assign them in connection with a reorganization or transfer.

20. Contact

The Secretariat, US Envoy Foundation · 100 Park Avenue, 16th Floor, New York, NY 10017, USA · vip@usenvoy.org · +1 (212) 960-8330