Sales conditions consumer CWS
1.1. CWS offers services concerning the sale of Tobacco products and related articles throughout the European community and other countries. Visitors and/or buyers are at least at the age of 18. By entering or ordering at our shop you accept these internet- sales conditions consumer CWS.
1.2. In these General Terms and Conditions the following terms shall have the meanings as specified below:
- CWS: CWS with its registered office at Turfschip 199, 1186 in Amstelveen, The Netherlands, registered with the Chamber of Commerce in Amstelveen under trade register number 33172809;
- Buyer: the natural person, partnership, company or legal person who has instructed CWS to perform a service.
- Website: the website managed by CWS with the URL
1.3. CWS reserves the right to alter and/or supplement these General Terms and Conditions.
2. Offer and Agreement
2.1 Webshop offers or quotations shall be considered as invitations to potential Buyers to make an offer. CWS shall not in any way be bound to such offers or quotations, or to any offer put forward by potential Buyers, unless unambiguously laid down in writing. The acceptance of an invitation to make an offer by the potential Buyer is to be considered as an offer and only results in the formation of an agreement if the other provisions in this article have been fulfilled.
2.2 An offer from the potential Buyer as mentioned in article 2.1 is deemed to have been made in one of the following circumstances:
- The potential Buyer has entered the complete data in the appropriate input screen of the website/webshop and has sent these data to CWS by electronic means. These data have been received by CWS; or
- CWS has submitted a personalized offer to the potential Buyer, which offer has been approved in writing or by accepting copy order by the potential Buyer.
2.3 An agreement is concluded at the moment that an order confirmation has been delivered to Buyer or, if the offer has been made via the website/webshop, has been sent to the email address supplied by Buyer. This agreement can be withdrawn by CWS if Buyer does not fulfil the conditions set by CWS or if at any time it appears that Buyer has not fulfilled the conditions in the past.
2.4 Information, pictures, verbal communications, statements etc. relating to all offers and the most important features of the products that are supplied in any way by CWS are (re)presented or made as accurately as possible. However, CWS cannot guarantee that all offers and products are completely in accordance with the supplied information. Deviations cannot be a ground and/or reason for compensation and/or dissolution.
2.5 * Due to FDA regulations and Credit card company rules, visitors of USA or USA soil are not allowed shipping of Havana cigars, rolling and pipe tobacco or cigarettes (Pactact) to the USA. Some of the states are locked in our shop.
3.1. All prices are in Euro's, in accordance with the relevant statutory regulations and are inclusive of VAT. Buyer owes the price that CWS has communicated to Buyer in its confirmation in accordance with article 2.3 of these Terms and Conditions. The purchase price is payable in advance, insofar that as long as no payment has been made CWS shall not supply any products. Any and all prices of purchase of goods and services under the contract shall be with the reservation of price changes impose by the government for example.
The customer will be informed of such price alterations and will be able to annul, if desired, his order by return mail. * Price and products updates are subject to change without notice.
3.2. Apparent (manipulation) errors in the quotation, like obvious inaccuracies, can also be corrected by CWS after conclusion of the agreement. Special offers are only valid while stocks last.
Orders through the website/web shop can be prepaid with wire or paid via iDEAL or credit card (VISA, AMEX, DINERS). USA exceptions
If a credit card is chosen for payment, this payment is subject to the terms and conditions of the issuer of the credit card.
CWS is not a party to the relationship between Buyer and credit card issuer. Extra surcharge for use of credit card you find at the shop.
5. Delivery and Delivery Time
5.1 After payment by Buyer orders are delivered as soon as possible by or on behalf of CWS at the delivery address specified by Buyer. The delivery time specified by CWS serves only as an indication, from which no rights can be derived.
5.2 Deliveries shall take place at the address specified by Buyer during the conclusion of the agreement. CWS is not the shipper. Buyer gives the shipper service exclusive permission to pick up his/her shipment parcel at the location of CWS. Buyer is responsible for rules and regulations in his /her country or state.
5.3 Buyer is obliged to take delivery of the purchased items within the agreed term and/or at or around the agreed time. If the order confirmation as meant in article 2.3. does not contain an agreed term and/or an agreed time as meant in the previous sentence, a term of three working days after the order has been placed shall apply. The time for reflection as meant in article 7:46d section 1 ‘Burgerlijk Wetboek’ (Dutch Civil Code) does not apply, as it concerns matters that deteriorate or age rapidly, as meant in article 7:46d section 4 under 4 ‘Burgerlijk Wetboek’.
5.4 If at the intended moment of delivery by the postman neither Buyer nor a person designated by Buyer is present at the delivery address or if Buyer or the above-mentioned designated person cannot or does not want to take receipt of the parcel, from that moment on CWS no longer guarantees the correct temperature of the contents of the parcel. In such cases the deliveryman shall, if possible, leave the parcel with the neighbours or opposite neighbours and leave a note at your home.
5.5 Buyer shall inspect the products immediately upon receipt. If Buyer receives products in poor condition or receives products that do not meet the applicable product quality requirements, Buyer is requested to notify us immediately, at the latest within six hours after receipt. For this purpose Buyer can contact our customer service department. Our customer service staff will ensure that the complaint is handled as well and as quickly as possible. Complaints can also be forwarded to the postal address of CWS as stated in article 1 of these General Terms and Conditions, or communicated to the visiting address as stated in article 1 of these General Terms and Conditions.
6. Force majeure
6.1 In the event of force majeure CWS shall not be obliged to fulfil its obligations towards Buyer. CWS shall be entitled to suspend its obligations for the duration of the force majeure.
6.2 Force majeure is understood to be any circumstance beyond its control as a result of which the fulfilment of its obligations towards Buyer is prevented in whole or in part. These circumstances among other things include strikes, fire, operational failures, energy failures, failures in a (telecommunication) network or link or used communication systems and/or the fact that the website/webshop is not available at any moment, no or untimely delivery from suppliers or other engaged third parties and the lack of any permit to be obtained from the authorities.
6.3 Customer is importing goods from CWS and responsible for any and all duties, customs fees and taxes associated with the delivery. Check with your government customs department.
7. Personal data & Safety
8. Liability and indemnity
8.1. CWS shall never be liable for any consequential damage of Buyer or third parties, including consequential damage, trading loss, loss due to delay, loss of profits or personal injury, or any (other) consequential damage, from any cause whatsoever and suffered by whomsoever.
8.2. Buyer shall indemnify CWS against all claims from third parties, on any account whatsoever, with respect to compensation for damage, costs and/or interests, caused by, taking place at, or in any way connected with the items supplied by us or as the case may be our delivery of the performance.
9. Other provisions
9.1. All (extra) judicial costs of any kind whatsoever that CWS has been obliged to make as a result of the non-fulfilment on the part of Buyer of his (payment) obligations shall be for the account of Buyer. In the event of overdue payment CWS shall be entitled to dissolve the agreement with immediate effect or to suspend (further) delivery until Buyer has fully complied with the payment obligations, including the payment of (extra) judicial costs of any kind whatsoever.
9.2 The agreements entered into by CWS are subject to the law of the Netherlands. The law on Tobacco or tobacco related "Tabakswet" (1-2), The ‘Uniform Law on International Sale of Goods’, the ‘Convention relating to a Uniform Law on the Formation of Contracts for the 'International Sale of Goods’ and the ‘Vienna Convention regarding international purchasing agreements for moveable property (1980)’ as well as any current or future international regulation concerning the purchase of movable tangible property the effect of which can be precluded by parties, is hereby expressly precluded.
9.3 Tobacco purchases:
With regard to Tobacco legislation, there are quite a few inconsistencies that do not correspond to the different laws and regulations imposed by the central government. Displaying tobacco products is not permitted while the law on consumer law concerns the obligation to provide good information about the product. Right of return is excluded from tobacco products at CWS. This has to do with, among other things, the banderole values which are subject to a time limit and packages must remain unopened with undamaged excise stamps. However, you can cancel the purchase contract immediately upon receipt of the confirmation e-mail within an acceptable period of time, however, before the package will be included in the distribution.
The legislator also imposes rules on the information duty regarding delivery, however the obligation to disclose is radically contrary to the rules of the card accepting companies (Bank, Visa Amex, Mastercard etc.) which, among other things, stipulate through contracts that no personal data may be stored or may be given for inspection. The storage of data itself is forbidden in any form.
9.4 Discount, free shipping, advertising actions and promotional items. It is prohibited by law to provide discounts on tobacco products. Free shipping means: Discount, as well as not calculating the credit card costs, costs paid in advance by the webshop regarding import duties etc. You can never expect a gesture from CWS, for example, free goods, matches, plastic bags, lighters and so on.
9.5 In the event of a dispute the court with territorial jurisdiction in the Netherlands, Amsterdam shall be competent.