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Terms of service
Welcome to Anchor and Ash Cigar Co. (“Anchor and Ash”). By accessing our website and/or placing an order, you agree to be bound by these Terms & Conditions. If you do not agree, please do not use our site or purchase our products.
1. Applicability of Terms and Conditions. These terms and conditions ("Terms") shall apply to all users of the website owned and operated by Anchor and Ash located at anchorandashcigars.com ("Website"). These Terms are subject to change at any time without prior written notice by Anchor and Ash (referred to herein as either “Anchor and Ash”, "Company," "we," "us," or "our"). It is your responsibility to review the Terms for any changes. Your continued use of the Website after any amendments or updates to these Terms shall constitute your acceptance of the updated terms. By using the Website, you indicate your acceptance of the Terms. If you do not accept these Terms, then do not use this Website or any of its content and/or services.
2. Online Orders. When placing an order on the Website, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming e-mail at the e-mail address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming e-mail) at any time in our sole discretion.
3. Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Website in CAD. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment methods accepted are: Mastercard, Visa, and Debit. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
4. Shipping Information. It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
5. Returns. Due to health and safety regulations, we do not accept returns or exchanges. If a product is defective or incorrectly shipped, contact us immediately at info@anchorashcigars.com. Refunds for eligible returns will be processed via the original payment method.
6. Privacy Policy and Website Terms of Use. Please review our Privacy Policy, which can be found at the following address: https://anchorashcigars.com/policies/privacy-policy. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Website.
7. Products Disclaimer, Representations and Warranties. Anchor and Ash provides a distribution and delivery service for the products sold on the Website. All our products are purchased from third party suppliers and we do not produce any of the products that are available for purchase on the Website. Accordingly, while we vet our third-party suppliers according to certain criteria, we do not control the preparation of the products by our third party suppliers and do not inspect or test the products we sell on the Website. We do not manufacture (or direct the manufacture of) any of the products offered on our Website in any way. The availability on our Website of products does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you "as is" without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). Anchor and Ash expressly disclaims any and all liability or responsibility for any claim, loss, injury, illness, harm, or other damage that may arise as a result of your consumption of the products. You understand and acknowledge that consuming cigars, pipe tobacco and other tobacco products can lead to lung, throat and tongue cancer, such products can be harmful to your health and be addictive and you further understand and agree that Anchor and Ash shall not be liable or responsible in anyway for any claim, injury, loss, harm, illness or any other damage that may arise as a result of your use of the products. Anchor and Ash also expressly disclaims any claims, losses, damage, injury, illness, or other harms that may arise as a result of damage to the products after they have been delivered to a carrier and while they are in transit.
8. User Conduct. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the products provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying the products from the Website for solely your own use, and not for resale and/or export.
9. Limitation of Liability. Under NO circumstances shall Anchor and Ash be liable for any indirect, incidental, special, consequential, exemplary or any other form of damages whatsoever, including, without limitation of any kind, damages that result from:
- Your use or your inability to use our Website.
- The cost of procurement of substitute goods, data information or services.
- Errors, inaccuracies, or other mistakes in the materials on our Website.
- Personal injury or property damage of any kind arising from or relating to your use of our Website – including, but not limited to, any bugs, viruses, Trojan horses or any files or data that may be harmful to your computer or other communication equipment or data that may have be transmitted to or though our Website.
- Any errors or omissions in any material on our Website, or any other loss or damage of any kind as it relates to Your use of our Website.
- Any damages that may occur to the goods while in transit, after having been delivered to an independent carrier.
- Any product liability claims arising in direct connection to the products, including, but in no way limited to, the product being considered fit for consumption. This limitation shall apply even if Butcher Box has been apprised of the possibility of such damages.
Notwithstanding anything stated to the contrary herein, the Company’s liability to you for any damages arising from or related to this agreement; for any cause whatsoever and regardless of the chosen form of action; will, at all times, be limited to the greater of i) $50 CAD funds or ii) the amounts you have paid to Anchor and Ash in the previous term of 12 calendar months (if any). The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.
10. Indemnification. As a condition of Website use, you indemnify and hold Anchor and Ash and all of its subsidiaries, affiliates, officers, agents and employees harmless not responsible from and for all claims, actions, proceedings, demands, damages, losses, costs and expenses (including any reasonable attorney’s fees) you may incur in connection with any materials submitted, posted, transmitted or made available by you through the Website and/or any violation by you of these Terms.
11. End User License. The Website and the information and materials contained therein, are the property of Anchor and Ash and its licensors and are protected from unauthorized copying and per the Terms. Anchor and Ash grants you a non-transferable, non-exclusive, license to use the Website for your personal use. Nothing in the Terms gives you a right to use the Website or Anchor and Ash names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the useage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.
12. Third Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
13. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, pandemics, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
14. General.
(a) These Terms, together with the privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and all related activities.
(b) These Terms shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by Anchor and Ash.
(c) If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.
(d) The failure of Anchor and Ash to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Anchor and Ash must be in writing and shall only apply to the specific instance identified in such writing.
(e) Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Anchor and Ash’s prior written consent.
(f) In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
(g) The parties hereto have requested that this Agreement be drawn up in the English language. Les parties ont exige que le present accord soit redige en langue anglaise. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and without regard to choice of law principles. The parties hereby irrevocably attorn to the jurisdiction of the courts of Ontario.
Effective Date: December 12, 2025