Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Mint Chill LLC, a North Carolina limited liability company ("MintChill", "we", "us", "our"). They govern your use of mintchillcigars.com (the "Site") and every purchase you make from us, whether online, for local delivery, for pickup at a partner location, or in person at one of our events. By using the Site, checking the acceptance box at checkout, or placing an order, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site or buy from us.

Please read Sections 4, 16, 17, 18, and 19 carefully. They explain the health risks of tobacco that you accept by buying from us, limit our liability, require you to indemnify us in certain cases, and require that most disputes be resolved by binding individual arbitration rather than in court, with no class actions and no jury trials. You may opt out of arbitration as described in Section 19.

1. Who You Are Contracting With

Your agreement is with Mint Chill LLC only. In these Terms, "MintChill Parties" means Mint Chill LLC and its members, managers, officers, employees, contractors, agents, successors, and assigns. You agree that any claim relating to the Site or our products may be brought only against Mint Chill LLC, and not against any of its members, managers, officers, employees, or agents personally.

2. Eligibility: You Must Be 21 or Older

• The Site sells tobacco products and related merchandise intended solely for adults. By using the Site or placing an order, you represent that you are at least 21 years of age (or any older minimum age required where you live), that you can form a binding contract, and that buying these products is lawful where you live and where the order will be delivered or picked up.
• You may not buy products for, on behalf of, or for delivery to anyone under 21. We will cancel any order we believe involves an underage purchaser or recipient, and we may report suspected unlawful purchases to the authorities.

3. Age Verification

• Orders containing age-restricted products are subject to identity and age verification through our third-party verification provider, AgeChecker.net. You agree to provide accurate, complete information and, if asked, a copy of your valid government-issued ID.
• If verification cannot be completed, your order will be cancelled and you will not be charged (any authorization hold on your card will be released). We may refuse, cancel, or require additional verification for any order, in our sole discretion.
• We rely on the information you and our verification provider give us. You are solely responsible for any false, misleading, or borrowed identity or age information, including any resulting order, delivery, or legal consequences.
• Adult-signature, delivery, and pickup checks are additional safeguards. They do not shift to us your responsibility to ensure that products you buy reach only adults 21 or older.

4. Health Warnings and Assumption of Risk

The following warnings apply to cigars and other tobacco products:

• WARNING: Cigar smoking can cause cancers of the mouth and throat, even if you do not inhale.
• WARNING: Cigar smoking can cause lung cancer and heart disease.
• WARNING: Cigars are not a safe alternative to cigarettes.
• WARNING: Tobacco smoke increases the risk of lung cancer and heart disease, even in nonsmokers.
• WARNING: Cigar use while pregnant can harm you and your baby.
• WARNING: This product contains nicotine. Nicotine is an addictive chemical.

By purchasing from us, you acknowledge and agree that:

• No tobacco product is safe. Using, smoking, or being exposed to tobacco or tobacco smoke can cause serious illness, injury, and death, including cancer, heart attack, heart disease, stroke, high blood pressure, lung and respiratory disease, and nicotine dependence. These effects can occur after a single use or after long-term use, and they may not appear until weeks, months, or years later.
• We make no claim that any product we sell is safe, safer, healthier, or less harmful than any other product, and nothing on the Site, in our communications, or from our staff is medical or health advice.
• You are solely responsible for deciding whether to use tobacco. You should consult a physician before using tobacco, particularly if you are pregnant or nursing, or have a heart condition, high blood pressure, diabetes, a respiratory condition, allergies, or any other medical condition, or take any medication. Tobacco products should not be used by anyone under 21 or by anyone for whom a physician has advised against it.
• We are a retailer. We do not manufacture, blend, or alter the tobacco products we sell; they are made by independent third-party manufacturers. Other than storing products and, where offered, selling individual cigars from the manufacturer's packaging, we sell products as we receive them.
• ASSUMPTION OF RISK. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE PURCHASE, POSSESSION, HANDLING, USE, AND CONSUMPTION OF THE PRODUCTS YOU BUY FROM US, AND WITH EXPOSURE TO THEIR SMOKE, INCLUDING THE RISK OF ILLNESS, INJURY, DEATH, AND PROPERTY DAMAGE, WHETHER THOSE EFFECTS OCCUR IMMEDIATELY OR IN THE FUTURE.
• RELEASE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE THE MINTCHILL PARTIES FROM ALL CLAIMS FOR ILLNESS, PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM THE USE OR CONSUMPTION OF, OR EXPOSURE TO, PRODUCTS YOU PURCHASE FROM US, EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR AS CANNOT BE RELEASED UNDER APPLICABLE LAW.
• If you give, share, or offer a product you bought from us to another person, you are responsible for confirming that person is 21 or older and for making them aware of these warnings.

5. Product Information

• Cigars are natural, hand-made agricultural products. Flavor, strength, size, weight, wrapper color, construction, burn, and draw naturally vary from cigar to cigar, box to box, and season to season. That variation is not a defect.
• Product descriptions, tasting notes, strength and body ratings, pairing suggestions, wrapper, origin, and vitola classifications, the Smoker's Guide, and similar content are general information and opinion offered for your convenience. They are not guarantees, and they are not medical, health, or professional advice. Much of this information comes from manufacturers and industry sources that we do not independently verify.
• Product images are illustrative, and the product you receive may differ in appearance. We try to describe products accurately but do not warrant that descriptions, images, prices, availability, or other Site content are complete, current, or error-free.
• Some products may contain natural or added flavorings or other ingredients that can cause reactions in sensitive people. If you have allergies or sensitivities, do not use a product unless you have confirmed its contents with the manufacturer.
• Any warranty on a product is provided solely by its manufacturer, if at all. To the extent we are permitted to, we pass through to you any manufacturer warranty that applies. If a manufacturer issues a recall that affects a product you bought from us, we will make reasonable efforts to notify you using your order contact information.

6. Accessories and Fire Safety

Lighters, torches, butane, cutters, punches, humidors, humidification devices, ashtrays, and similar accessories can cause fire, burns, cuts, and other injury or property damage if misused or defective. Follow the manufacturer's instructions; keep lit products, flames, fuel, and blades away from children, pets, flammable materials, and medical oxygen; never leave a lit cigar unattended or smoke in bed; and dispose of ash and unfinished cigars safely. You assume all risks associated with the use of accessories and of lit tobacco products.

7. Orders, Pricing, and Payment

• When you place an order, your payment card is authorized but not yet charged. Your card is charged only after your order passes any required age verification and is accepted for fulfillment. An order confirmation email confirms that we received your order; it does not mean we have accepted it.
• All orders are subject to acceptance and availability. We may limit quantities, and we may refuse or cancel any order at any time, including after it has been accepted or charged (for example, for suspected fraud, verification failure, pricing, description, or inventory errors, or shipping or legal restrictions). If we cancel, any hold on your card will be released or your payment refunded in full, and that release or refund is your sole remedy.
• Prices are in U.S. dollars and may change at any time without notice. Applicable sales tax and shipping charges are calculated and shown before you pay. If a price on the Site is wrong, we are not required to honor it.
• You agree to pay all charges for orders you place. If you dispute a valid charge with your card issuer, we may suspend your account and refuse future orders.

8. Promotions, Promo Codes, and Referral Program

Promo codes, sales, bundles, shared or prepared carts, and other promotions are offered at our discretion, have no cash value, may be limited to one use or to a specific person or email address, may not be combined unless we say so, and may be changed or ended at any time. We may cancel any order or discount obtained through misuse, error, or fraud. Promotions are void where prohibited. Participation in our referral program is governed by its separate written agreement.

9. Shipping, Local Delivery, and Pickup

• We ship only within the United States, and only to states where we are authorized to sell. If your state is not currently served, checkout will tell you.
• Deliveries containing tobacco products require the signature of an adult 21 or older at the delivery address, and carriers will not leave these packages unattended. Please ship to an address where an adult can sign. If a package cannot be delivered or is refused and is returned to us, we may refund the product price less the original shipping charge and any return shipping cost.
• For shipped orders, title and risk of loss pass to you when we hand the package to the carrier. Delivery dates are estimates only, and we are not responsible for carrier delays. If a package arrives damaged or incorrect, or does not arrive, contact us within 7 days of delivery (or of the estimated delivery date) and we will, at our option, help you with a carrier claim, replace the item, or refund it.
• For local deliveries and pickups, title and risk of loss pass to you when the order is handed over. The person receiving the order must be 21 or older and may be asked to show valid government-issued ID. We may photograph the handoff as proof of delivery. We, or partner staff, may refuse to hand over an order if the recipient cannot show valid ID, appears to be under 21, appears impaired, or does not match the order. Orders that are not received or picked up within a reasonable time may be cancelled and refunded.

10. Cancellations, Returns, and Refunds

• You may cancel an order for a full refund at any time before it ships or is handed over.
• All tobacco sales are final once shipped or handed over. Federal and state law and product-integrity concerns prevent us from accepting returns of tobacco products.
• Non-tobacco merchandise may be returned unused, in its original condition and packaging, within 30 days of delivery; contact us to arrange a return.
• Damaged, defective, or incorrectly shipped items will be replaced or refunded if you contact us within 7 days of delivery. We may ask for photos.
• Replacement or refund, at our option, is your sole and exclusive remedy for any damaged, defective, incorrect, lost, or nonconforming product.

11. Responsible Use and Compliance With Law

• Products are sold for personal consumption only. Resale is prohibited.
• You are responsible for complying with all laws that apply to you, including laws on where smoking is permitted and on giving or transferring tobacco products to others. Never use tobacco while driving or operating machinery.
• Where we do not collect a tax that your state or locality requires (for example, certain consumer use taxes), you remain responsible for it. This does not apply to sales tax we already calculate and collect at payment.
• You may not use the Site to violate any law, interfere with its operation, scrape or copy it by automated means, or attempt to access accounts or systems that are not yours.

12. Accounts and Electronic Communications

You are responsible for the accuracy of your account information and for all activity under your account, and for safeguarding access to it. We may suspend or close any account at our discretion, including for a violation of these Terms. You agree that we may communicate with you electronically (for example, by email, text, or notices on the Site) about your orders, account, and these Terms, and that those communications, and your electronic acceptance of these Terms, satisfy any legal requirement that they be in writing.

13. Your Content

If you send us content (for example, chat messages, cigar requests, event inquiries, reviews, or feedback), you are responsible for it and confirm you have the right to share it. You grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, display, and adapt it to operate and improve our business, and you agree we may use any feedback or ideas without compensation to you. We may remove any content at our discretion. Do not send us sensitive information, such as ID images or card numbers, by chat or email.

14. Third-Party Services and Links

We rely on independent third parties to operate the Site and fill orders, including AgeChecker.net (age verification), Authorize.Net (payments), EasyPost and shipping carriers (delivery), Microsoft (hosting and sign-in), identity providers you choose (such as Google), and SignWell (e-signature). Their services are governed by their own terms, and we are not responsible for their acts, omissions, errors, outages, or data practices. Links to third-party websites are provided for convenience only, and we do not endorse or control them.

15. Intellectual Property

The Site and its content, including the MintChill name, logo, product descriptions, images, and the Smoker's Guide, are owned by MintChill or its licensors and may not be copied or used commercially without our written permission. Manufacturer brand names and trademarks belong to their owners.

16. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE MINTCHILL PARTIES DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT ANY PRODUCT IS SAFE OR SUITABLE FOR YOU, OR THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. Some states do not allow certain warranty disclaimers, so some of these disclaimers may not apply to you.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• THE MINTCHILL PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR EMOTIONAL DISTRESS, OR FOR ANY ILLNESS, PERSONAL INJURY, OR DEATH ARISING FROM THE USE OR CONSUMPTION OF, OR EXPOSURE TO, TOBACCO PRODUCTS OR ACCESSORIES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• THE MINTCHILL PARTIES' TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID US FOR THE SPECIFIC PRODUCT OR PRODUCTS GIVING RISE TO THE CLAIM.
• These limitations apply to every theory of liability (contract, tort, negligence, strict liability, product liability, statute, or otherwise), are a fundamental part of the bargain between us, and apply even if a limited remedy fails of its essential purpose. They do not limit liability for our gross negligence or willful misconduct, or any liability that cannot be limited under applicable law; in that case, our liability is limited to the smallest amount the law allows.

18. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the MintChill Parties from and against all claims, demands, losses, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your purchase, possession, use, misuse, sharing, gifting, or resale of any product; (b) any other person's use of, or exposure to, a product you purchased, including any person under 21; (c) any false or inaccurate information you provide, including identity or age information; (d) your violation of these Terms or of any law; or (e) content you send us. We may assume control of the defense of any claim, and you agree to cooperate with us.

19. Dispute Resolution: Binding Arbitration and Class Action Waiver

• Informal resolution first. Before starting an arbitration or small claims case, you and we each agree to try to resolve the dispute informally. The party with the dispute must email a written Notice of Dispute (to us at support@mintchillcigars.com with the subject "Notice of Dispute," or to you at the email on your account or order) that includes the person's name and contact information, any order number, a description of the dispute, and the relief requested. If the dispute is not resolved within 60 days after the notice is received, either party may proceed. Any statute of limitations is paused during this 60-day period.
• Binding arbitration. Except as provided below, any dispute, claim, or controversy between you and any MintChill Party arising out of or relating to these Terms, the Site, any product, any order, or our relationship (including the existence, scope, validity, or enforceability of this agreement to arbitrate) will be resolved by final and binding arbitration before a single arbitrator administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this Section. The arbitrator may award the same individual relief a court could award, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief on that party's individual claim. Hearings may take place by video or phone, or in the county where you live; for claims of $10,000 or less, the party bringing the claim may choose to have it decided on written submissions alone. Fees are paid as the AAA Consumer Arbitration Rules provide.
• Exceptions. Either party may bring an individual claim in small claims court if it qualifies and stays there. Either party may also go to court to stop infringement or misuse of its intellectual property.
• CLASS ACTION AND JURY TRIAL WAIVER. YOU AND WE EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. BY AGREEING TO ARBITRATION, YOU AND WE EACH GIVE UP THE RIGHT TO A TRIAL BY JURY. The arbitrator may not consolidate claims of different people or preside over any class or representative proceeding. If this waiver is found unenforceable as to any claim, that claim must be severed and decided by a court after the individual arbitration ends, and the rest of this Section still applies.
• Mass filings. If 25 or more similar arbitration demands are filed against us by or with the help of the same or coordinated counsel, the AAA's Mass Arbitration Supplementary Rules will apply, and the demands may be administered and decided in batches.
• Your right to opt out. You may opt out of this arbitration agreement by emailing support@mintchillcigars.com with the subject "Arbitration Opt-Out," and your name and the email address on your account or order, within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms.
• Changes. If we change this Section, the change will not apply to any dispute of which we received notice before the change took effect.

20. Governing Law and Venue

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 19. Any dispute that is not subject to arbitration shall be brought only in the state or federal courts located in North Carolina, and you consent to their personal jurisdiction.

21. Event Services, Pop-Up Events, and Partner Locations

• On-site cigar service for private events is provided under a separate written Event Service Agreement signed by the event host. That agreement governs the event itself, including the host's responsibility for the venue, guests, alcohol service, and on-site age checks. Guests do not buy anything at a private event. The host is the only purchaser and pays for the cigars served at the end of the event, under these Terms and that agreement. Guests who use products at an event do so at their own risk, as described in Section 4.
• Purchases at MintChill pop-up events are sales under these Terms, including the age requirements and the disclaimers and limitations above.
• Partner locations that hold MintChill products for pickup are independent businesses, not our agents or employees. We are not responsible for their premises, food or alcohol service, staff conduct, or anything else that happens there, other than the handover of your order.

22. Events Beyond Our Control

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including carrier or supplier failures, weather, natural disasters, epidemics, government action or changes in law, labor disputes, utility or internet outages, and failures of third-party services.

23. General Terms

• These Terms, the Privacy Policy, and any separate written agreement we sign with you (such as an Event Service Agreement or referral program agreement) are the entire agreement between you and us about their subject matter. If a separate written agreement conflicts with these Terms, the separate agreement controls for its subject matter.
• If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect. Our failure to enforce a provision is not a waiver of it.
• You may not assign these Terms. We may assign them, including in connection with a merger, sale of assets, or reorganization. The MintChill Parties may enforce the provisions of these Terms that protect them; there are no other third-party beneficiaries.
• Sections 4, 5, 6, and 13 through 23 survive the completion of any order and the end of your use of the Site. Headings are for convenience only, and "including" means "including without limitation."

24. Changes to These Terms

We may update these Terms from time to time; the date at the top reflects the latest revision. Changes apply to orders placed after they take effect, and you will be asked to accept the current Terms at checkout. Continued use of the Site after changes take effect constitutes acceptance of the updated Terms, except as stated in Section 19.

25. Contact

Questions about these Terms? Email support@mintchillcigars.com or call or text +1 (704) 387-1376 (Mon–Sat, 8am–8pm EST).