AGREEMENT TO OUR TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) outline the rules and regulations for the use of our website www.themigratory.com (“Website”), purchase or use of any related products and services (collectively, the “Services”) of the registered company “The 11 Cigar Limited” (also trading as “Migratory Cigar” and “Migratory”); collectively referred to as “The Company”, “Migratory Cigar”, “Migratory”, “We”, “Us”, or “Our” here forth.

Please read our “Terms of using our Website and Service”, the following “Terms of Sale and Purchase” and our “Privacy Policy” before placing your order. By placing your order and using our Services, you will be deemed to have read and agree to be bound by these Terms and Conditions and our Privacy Policy. Please do not place an order if you do not agree to these Terms and our Privacy Policy. Please note these Terms and our Privacy Policy may be modified from time to time.

By accessing our site and placing an order on our Website, you warrant that you and the recipient of the order, have reached the legal age of 18 or above (or the minimum legal age specified in your local jurisdiction, whichever is higher). You too affirm that you are legally capable of signing a binding agreement, and that you are fully responsible for the authenticity of all information in your order.

1.1. AVAILABILITY OF SERVICES

Goods and Services offered via www.themigratory.com are only available in the Hong Kong Special Administrative Region, and selected countries and regions. Please note we do not ship to countries or regions not displayed at checkout. You are liable for duties and costs incurred due to custom clearance in the destination country.

There are countries where importation of tobacco products or Cuban goods are prohibited. By placing an order on our website, you affirm that you are aware of the current applicable laws pertaining to the purchase and importation of tobacco and/or Cuban Cigars from abroad to the shipping address. We do not take responsibilities for any losses as a result to customer negligence regarding customs and import laws.

1.2. ONLINE ACCOUNT REGISTRATION DETAILS

1. You are required to register an online account before placing any order through our Website and using our Services. You must safeguard your login details.
2. By using our Website and Services, you acknowledge that any person using your login credentials is either you, or is authorized to act for you, and is of legal age in your local jurisdiction.
3. When you register for an account or provide any information on our Website, you agree that the Personal Information you provide is accurate. If there is any change in the Personal Information, please contact our customer service team to update your details.
4. Based on the contact information you provided, we may contact you via SMS or email for account verification, registration, and order confirmation purposes. We may also contact you via phone on issues relating to your use of our Services, such as any ordering and delivery issues.
5. We may collect, use, store, and process your Personal Information in accordance with our Privacy Policy. https://themigratory.com/privacy-policy/
6. We have the absolute discretion to refuse registration and terminate the account of any customer for any reason.

REGISTRATION

1.3. ONLINE ORDERING

PLACING YOUR ORDER

1. After placing your order, you should receive an email from us acknowledging that we have received your order. This does not mean that your order has been confirmed. We will confirm acceptance of the order by sending another email to confirm that the products are available, and tracking information will be provided when your order is dispatched. The contract between us will only be formed when the delivery confirmation is sent.
2. Should your order or payment be unsuccessful, you should receive an email notifying you that your order has failed. No payment will be processed in this case.
3. By placing your order and using our Services, you authorize us to transmit information or obtain your information from third parties for verification checks and to fulfill your order. This may include verification checks of your payment information to authenticate your identity, to obtain credit card authorizations, to validate your payment and order, to protect both parties from fraud, and to process shipping and customs clearance by providing our delivery partners or courier with your delivery details.
4. We reserve the right to reject or cancel any orders for any reason. We may at our sole discretion, decline or cancel your order if:
   • We are unable to process the payment successfully with the payment details provided.
   • Account, payment, or delivery details are inaccurate, incomplete, or fraudulent.
   • The product(s) ordered is out of stock or no longer available.
   • There was a price error on our site.
   • We are unable to meet your requested delivery date.
   • We are unable to contact you successfully regarding issues in your order or if we could not reach you / the recipient to reschedule for re-delivery.
5. If you have issues with your order or shipment, please quote your order and contact us via email or telephone.
6. The 11 Cigar Limited shall retain title and ownership of the goods until full payment (including delivery and surcharges) of your order is received by us, and until delivery to the provided address is completed. Once the package is delivered and signed for, the goods will be the customer/recipient’s responsibility, including any risk, loss,

ORDER AMENDMENTS

1. Please review your order details before completing payment as we may be unable to recall your delivery in time once payment is processed. You may not be able to cancel an order after it is paid.
2. For any cancelled orders and/or order amendments due to shipping or stock issues, we will notify you accordingly and your order will not be processed. We will refund the missing items, and relevant delivery costs, if payment has already been processed for your order.
3. Your order will be processed again after your confirmation to proceed, with any necessary adjustments.

PRICES AND PAYMENT

1.4. SHIPPING AND DELIVERY

PACKING

1. Our cigars are stored in temperature/humidity regulated humidors and generally will be delivered to you in their original boxes. Loose cigars will be packed in sealed waterproof bags. Humidifying pouches will be included in your order to maintain humidity in the package as much as possible during transit.
2. You can choose to have your cigars “Opened and checked”, “Without original box”, or “Without original bands and box” and we will pack your order accordingly.
3. It is normal to receive accessories and cigars unsealed as we may perform quality checks before shipping. For peace of mind, you may also request photo documentation of the cigar conditions before shipment.
4. Our suppliers may change packaging and the look of their products (bands, boxes, tubes, etc.) from time to time and the changes may not always be reflected on our website. We cannot be held responsible for any typographical errors or image disparity displayed online.

DELIVERY

1. All shipments will be registered and tracking information will be provided for your reference after we have confirmed your order.
2. You must ensure all delivery details such as recipient name, contact details, and shipping address are correct and complete. We do not take responsibility for incomplete or inaccurate addresses, and address changes due to relocation.
3. Please note all shipping charges, duties, taxes, and licenses of the shipping destination incurred will be the sole responsibility of the customer. We advise checking your destination’s import restrictions before placing your order to avoid additional customs tax and duties.
4. It is the customer’s responsibility to ensure the recipient is available to sign for the package at the provided delivery address during delivery. We shall not be liable for unsuccessful deliveries due to the recipient being unavailable to receive the shipment.
5. We may contact you or the recipient via the email or telephone number you provided to verify delivery information.
6. Once your order has been dispatched, you cannot refuse or cancel the shipment. We have the right to charge for additional delivery charges incurred by re-delivery because of incomplete or inaccurate delivery information, if the customer refuses to pay the duties and fees, and/or if the recipient is not available during delivery. Delivery fees for unsuccessful deliveries will not be refunded.
7. Deliveries may be affected due to seasonal factors and festive periods; kindly allow a longer processing time for orders.
8. For peace of mind, you may also request photo documentation of the cigars before shipment. Please kindly remark in the special instructions box at checkout or contact us before your order is dispatched.

LOCAL DELIVERY

1. Local delivery is available within Hong Kong SAR except outlying Islands and restricted areas. Local purchases above HKD $2,000 can enjoy complimentary delivery. For local orders below HKD $2,000, a HKD $50 delivery charge will be applicable.
2. All local Hong Kong deliveries will be made via local courier service and tracking details will be provided via email after we have received your order.
3. Our business days are between Monday and Friday, excluding public holidays. After placing your order, please expect a processing time of 3 – 5 business days before we dispatch your order. For orders placed after 12pm on a business day, your order will be considered as received on the following business day.
4. Delivery service is not available at non-permanent addresses such as hotel guest rooms, ports, and warehouses.

INTERNATIONAL DELIVERY

1. All international shipments are subject to customs fees, and the shipping charges depend on the destination country and total weight. All shipping charges, duties, taxes, and licenses of the shipping destination incurred will be the sole responsibility of the customer.
2. All international shipments will be tracked and dispatched from Hong Kong via Hong Kong Post (Registered Airmail), unless requested or mentioned. Final delivery will be via your local postal service. If you would like your order to be sent in separate parcels, please place separate orders or remark in the special instructions box at checkout.
3. After confirming your shipping arrangements and receiving payment of the shipping fees, tracking information will be issued via email. It will be your responsibility to track the shipment and process any custom clearance required when it reaches the destination country. If the tracking code indicates that the package was already delivered, we will take no responsibility if it is missing.
4. Please note that the actual delivery time may vary depending on the performance of the postal service of the destination country, which we have no control over. Delays may occur due to customs clearance and the governing laws of the destination country.
5. If the items are returned or not shipped successfully because of your negligence or failure to complete the customs clearance, you will be responsible for any re-shipping fees or customs taxes and fees applicable. Any previous shipping fees or duties from the unsuccessful delivery will not be refunded.
6. Due to safety and airfreight shipping restrictions, we do not deliver lighters internationally.

1.5. RETURNS AND REFUNDS

1. Due to health protection and hygienic reasons, we do not accept returns and refunds for all tobacco purchases. Gift vouchers are unexchangeable and non-refundable.
2. We do not accept returns if you do not like the flavour of the cigars received or ordered, and do not have quality issues.
3. We will not allow returns, exchanges, and refunds for custom-made items, limited edition items, and goods that were special orders to your specification.
4. Accessories can only be exchanged within 3 days of receipt if they are defective or damaged. Please present a receipt of purchase, visual documentation of damage (photos or videos), and make an exchange claim via info@migratorycigar.com within 3 days of receiving the item(s).
5. Should we agree to exchange or refund your order due to special circumstances, please ensure the goods are in the same condition that you received them in and return the goods to us within 7 days from our confirmation. For example, the goods are to be unused and intact, with original labels, original bands, cellophane sleeves, tubes, accessories, and relevant original packaging still intact.
6. Returned items that are not in their original condition or packaging are not eligible for refund or exchange. Items returned to us without prior notice will not be accepted.
7. After inspecting the returned goods and upon approval, we will arrange a refund or exchange of the goods. In the case where we are unable to replace the item(s) due to stock unavailability or other circumstances, you will be notified, and the item will be refunded.
8. For refunds, we will refund you on the credit or debit card you have used for payment, or online store credit. If you used vouchers, we may refund you in online store credit. Please note the processing time will be longer for credit or debit card refunds.
9. Unless the product received is defective or not the same item/model you have ordered, you will be responsible for the cost of returning the product to us.
10. If the items to be returned are not shipped successfully because of your negligence or failure to complete customs clearance, you will be responsible for any re-shipping fees or customs taxes and fees applicable. Any fees related to the unsuccessful delivery will not be refunded.

1.6. TOBACCO LAWS, IMPORT TAX AND CUSTOM CLEARANCE

1. There are countries where importation of tobacco products or Cuban goods are prohibited. Cuban Cigars will not be sold nor sent to the United States. By placing an order on our website, you affirm that you are aware of the current applicable laws pertaining to the purchase and importation of tobacco and/or Cuban Cigars from abroad to the shipping address. It will be the customer’s responsibility to provide us with special packing instructions and requests or documentation, if necessary, to fulfill requirements of the customs clearance procedures.
2. You take on full legal responsibility for importing the cigars into your country. We do not assume any responsibility for any duties, tariffs, taxes, customs, or brokerage fees, delayed shipments, or any further inconveniences caused by domestic Customs offices.
3. Please note all duties, taxes, and licenses of the shipping destination incurred will be the sole responsibility of the customer. Delays may occur due to customs clearance and governing laws of the destination. You will be required to pay the corresponding duties/import tax (if applicable) separately, depending on your shipping destination.
4. Shipping charges depend on the weight of the merchandise and the country of destination. These will be quoted to you after we have received your order. You will be fully responsible for all tax and custom charges to be charged.

The 11 Cigar Limited (Migratory Cigar) reserves the right of final decision in case of any dispute. If there is any inconsistency or ambiguity between the English version and the Chinese translation of these Terms, the English version shall prevail. To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at info@migratorycigar.com

1. We reserve the right to vary the prices of the product(s) on our Website at any time without prior notice.
2. The prices displayed on our Website are in USD US Dollars or HKD Hong Kong Dollars, unless otherwise stated. Prices are not inclusive of shipping charges.
3. We accept the following payment methods: Mastercard, Visa, or Electronic Bank Transfer.
4. By submitting the order, you confirm that any credit card and payment information supplied is true, correct, and complete. Charges incurred will be honoured by your credit card company or bank, and you shall be responsible for any extra charges incurred including shipping fees, applicable taxes, and any payment fees charged by your bank or credit card company for the transactions. Your billing information must match the information on your credit card statement, or your order may be delayed during the verification process.