Terms & Conditions

TERMS AND CONDITIONS.

IF YOU ARE NOT TWENTY-ONE (21) YEARS OLD OR OLDER, YOU MUST DISCONTINUE USE IMMEDIATELY.

BY PLACING AN ORDER, YOU CERTIFY THAT YOU ARE AT LEAST 21 YEARS OF AGE AND LEGALLY PERMITTED TO PURCHASE TOBACCO PRODUCTS IN YOUR JURISDICTION.

These Terms and Conditions (hereinafter “Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Crown USA, LLC, a Michigan limited liability company, d/b/a Robusto's Cigar Superstore and More ("Company", “Robusto’s”, “we”, “us”, or “our”), concerning your access to and use of the robustos.com website and online store (the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or policies that may be posted on the Site from time to time (including without limitation our Privacy Policy, Shipping Policy and Return and Refund Policy) are incorporated into these Terms of Use by reference (“Supplemental Terms”). All such Supplemental Terms are automatically included in these Terms of Use, and your use of the Site constitutes your agreement to be bound by them. To the extent there are any conflicting terms between these Terms of Use and any Supplemental Terms, we will advise you regarding the then-applicable term(s). We reserve the right, in our sole and absolute discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended to be accessed by, and any and all transaction(s) on the Site are not intended to be performed by any person or entity in any jurisdiction or country where such access or performance would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 21 years old. Persons under the age of 21 are not permitted to use or register for the Site. We do not sell cigars to anyone under the age of 21.

INTELLECTUAL PROPERTY RIGHTS.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, noncommercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER COVENANTS, REPRESENTATIONS, WARRANTIES.
By using the Site, you represent and warrant to us that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, and you are at least 21 years old; (5) you will not access the Site through automated or nonhuman means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; (7) you have reviewed any and all laws or regulations applicable to any transaction you make on the Site, including without limitation the laws and regulations applicable to possessing, purchasing, receiving, selling, shipping, storing, and/or using (“Utilizing”) cigars in/to/from your jurisdiction(s), and to the extent necessary you have obtained any and all permits, licenses and the like necessary to conduct such activities; and (8) your use of the Site and any transaction(s) undertaken thereon (including without limitation any resulting Utilization of cigars) will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

By using the Site, you agree that you shall read and follow any and all directives, instructions, and/or warnings that may be present on or around the goods available for purchase on the Site including, without limitation, health warnings associated with the goods.

USER REGISTRATION.
You may be required to register with the Site and create a private user account. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole and absolute discretion, that such username is inappropriate, obscene, or otherwise objectionable. As a user of this Site, you are responsible for maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. You agree to notify us immediately if you suspect any unauthorized access to your account. You also agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials or account.

SURGEON GENERAL WARNING.

WARNING: Cigar smoking is not a safe alternative to cigarettes.
WARNING: Cigar smoking can cause lung cancer and heart disease.
WARNING: Cigar smoking can cause cancers of the mouth and throat, even if you do not inhale.
WARNING: Cigar smoking increases the risk of infertility, stillbirth and low birth weight.
WARNING: Tobacco smoke increases the risk of lung cancer and heart disease, even in nonsmokers.
WARNING: This product contains nicotine. Nicotine is an addictive chemical.
WARNING: Cigars contain and produce chemicals known to The State of California to cause cancer, birth defects and other reproductive harm.

PRODUCTS.
We make every effort to display as accurately as possible the appearance and details of the products available on the Site. However, we do not guarantee that details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display (e.g., monitor, laptop, phone, tablet, etc.) might not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue or substitute any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT.
We currently accept these forms of payment: Visa, Mastercard, and American Express. The accepted forms of payment may be changed by us from time-to-time. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax and, if applicable, excise tax, will be added to the purchase price for applicable products, as deemed required by us. We may change prices at any time. All payments shall be in U.S. Dollars.

You agree that the name and address you submit with your order shall match the name and address on your valid federal or state-issued identification. You agree to provide any and all information we deem necessary to verify your identity or valid address at any time for any reason, including as a condition precedent to accepting and/or fulfilling your order. Such information without limitation may include a high-quality picture of your identification and/or credit card.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to verify and/or correct any errors or mistakes in pricing, even if we have already requested or received payment.

Your submission of an order and payment on the Site is an offer to buy. We may refuse any order placed through the Site at any time for any reason. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same or different billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or on any illegitimate basis including fraud.

If we accept your order containing product(s) designated as available only for pre-order or backorder, your order may not ship until such pre-ordered or back-ordered product(s) are back in stock. If you instruct us to ship that portion of your order which is presently in-stock, you will be subject to additional charges, including without limitation shipping charges, for fulfillment of the pre-ordered or back-ordered product(s).

All sales are final. Except for the limited instances expressly provided in our Return and Refund Policy, all product sales through our Site are final, and there will be no refunds or exchanges.

SALES TAX.
We may be required to collect and remit sales or use tax in any one or more of the states located in the USA for your purchase of products on our Site. We collect and remit applicable state sales or use taxes in jurisdictions where we are registered or otherwise required to do so. Tax collection may vary based on your state’s laws and our compliance obligations under economic nexus thresholds. If Robusto’s does not collect sales or use taxes at the time of purchase, you, the customer, are solely responsible for reporting and remitting any such taxes to your state or local tax authority. All such tobacco sales or use taxes are in addition to applicable excise taxes, if any.

EXCISE TAX.
Certain states impose excise taxes on tobacco products, including cigars, sold by online retailers such as Robusto’s. We collect and remit applicable state excise taxes in jurisdictions where we are registered or otherwise required to do so. Tax collection may vary based on your state’s laws and our compliance obligations under economic nexus thresholds. If Robusto’s does not collect these taxes at the time of purchase, you, the customer, are solely responsible for reporting and remitting any such taxes to your state or local tax authority. All such tobacco excise taxes are in addition to applicable sales or use taxes, if any.

Tax laws vary by jurisdiction and are subject to change. We make reasonable efforts to ensure correct tax application, but we do not guarantee that all excise taxes due are collected at checkout. Customers are advised to consult their local tax authority for full compliance.

PROHIBITED ACTIVITIES.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Site.
Use the Site to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.

STATE RESTRICTIONS ON PRODUCT ORDERS.
The restrictions apply to all product orders from our Site:

California. While we require all purchasers to be over 21 years of age, California’s Senate Bill 39 requires us to:

Confirm your delivery of tobacco products by telephone call after 5:00 p.m. PT the day prior to shipment.
Obtain the signature of a person 21 years of age or order before completing the delivery.
In order to comply with this restriction, we are unable to ship to a PO Box or offer certain shipping methods to California.

Connecticut. Due to Connecticut State Regulations, we do not ship the following products to Connecticut addresses:

Small cigars (weighing 3lb per 1000 or less)

Delaware. While we require all purchasers to be over 21 years of age, Delaware’s Title 30 Chapter 53 requires us to:

Receive and store age verification documents in order to sell a tobacco product to you. We may partner with third party providers to safely and securely store your information. This is a one-time process and the information will only be used to comply with your state’s requirements.
Obtain the signature of a person 21 years of age or order before completing the delivery. Note, in order to comply with this restriction, we are unable to ship to a PO Box or offer certain shipping methods to Delaware.

Maine. Due to Maine State Regulations, we do not ship the following products to Maine addresses:

Cigars with Homogenized/HTL Wrappers
Small cigars (Weighing 3lb per 1000 or less)
Pipe tobacco

Maryland. Due to Maryland State Regulations, we cannot ship little cigars to Maryland residents.
Massachusetts. Due to Massachusetts State Regulations, we do not ship any Flavored Tobacco products to Massachusetts addresses.
Minnesota. Shipments to Minnesota residents are subject to a Retail Delivery Fee of $0.50 per sale on all orders that equal or exceed $100. For additional details, go to: Retail Delivery Fee | Minnesota Department of Revenue
Utah. Robusto’s does not ship products to Utah.
Washington. Due to Washington State regulations, we cannot ship little cigars or loose tobacco to Washington residents.

If you are attempting to order tobacco/cigar products for shipment into a state where Ronbusto’s does not ship to, your order will be cancelled and refunded.

USER-GENERATED REVIEWS.
The Site may invite you to post reviews or ratings of one or more of our products and/or services (“Reviews”). Your Reviews may be viewable by other users of the Site and through third-party websites. As such, any Reviews you transmit may be treated as non-confidential and nonproprietary. When you post any Reviews, you thereby represent and warrant to us that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Reviews do not and will not infringe the proprietary rights or intellectual property rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of the Reviews and their content, and they accurately represent your opinion on the subject matter of the Review.
Your Reviews are not false, inaccurate, or misleading.
Your Reviews are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Reviews do not ridicule and will not mock, disparage, intimidate or abuse anyone.
Your Reviews do not advocate violence or encourage or threaten physical harm against another.
Your Reviews do not violate any applicable law, regulation, or rule.
Your Reviews do not violate the privacy or publicity rights of any third party.
Your Reviews do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap or disability.
Your Reviews do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

If any of your Reviews are determined by us to violate the foregoing representations and/or warranties, or the additional Guidelines for Reviews set forth below, we are authorized and have the right to remove your offending Reviews, block you from posting future Reviews, and/or terminate your account with our Site. Any use of the Site in violation of the foregoing representations and/or warranties, or the additional Guidelines for Reviews set forth below, is a violation of these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

ADDITIONAL GUIDELINES FOR REVIEWS.
As set forth above, we may provide you with areas on the Site to leave Reviews (i.e., including reviews or ratings) regarding our products and services. When posting a Review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity/thing being reviewed; (2) your Reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your Reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your Reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative Reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post Reviews, whether positive or negative.

We may accept, reject, or remove Reviews in our sole and absolute discretion. We have absolutely no obligation to screen Reviews or to delete Reviews, even if anyone considers Reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any Review or for any claims, liabilities, or losses resulting from any Review. By posting Reviews, you hereby grant to us a perpetual, nonexclusive, worldwide, royalty-free, license fee-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the Reviews.

THIRD-PARTY WEBSITES AND CONTENT.
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SITE MANAGEMENT.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole and absolute discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole and absolute discretion and without limitation, refuse, remove, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Reviews; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY.
We care about data privacy and security. Please review the Privacy Policy posted from time-to-time on our Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or minors or knowingly market to children or minors. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

TERM AND TERMINATION.
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE AND ABSOLUTE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

All provisions of these Terms of Use which by their nature would apply following the termination of these Terms of Use (i.e., your agreement with us) shall survive the termination, cancellation, suspension or closure of your account with us, your cessation of using this Site, your completion of a transaction with us, your cessation of conducting business with us, or the termination of your agreement with us. Without limiting the foregoing, the following named sections of these Terms of Use survive any such termination: GOVERNING LAW, DISPUTE RESOLTUION, DISCLAIMER, LIMITATION OF LIABILITY, INDEMNIFICATION and USER DATA.

MODIFICATIONS AND INTERRUPTIONS.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole and absolute discretion without notice. We reserve the right to add and remove products from our Site. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW.
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Michigan applicable to agreements made and to be entirely performed within the State of Michigan, without regard to its conflict of law principles.

Further, any claim relating to or in connection with the products on our Site or the interpretation, validity, construction, performance, breach or termination of these Terms of Use (collectively hereinafter “Claims” and each individually a “Claim”) that cannot be resolved between you and us is governed by Michigan law, and shall be brought in a state court in Oakland County, Michigan, or in a federal court located in the Eastern District, Southern Division, of Michigan, within one (1) year after the Claim arises, but in no case earlier than following the fulfillment of any obligation regarding an agreement for arbitration regarding same. You consent to the sole and exclusive jurisdiction of courts located in the State of Michigan as the most convenient and appropriate for the resolution of claims relating to or in connection with the interpretation, validity, construction, performance, breach or termination of these Terms of Use that cannot be resolved between you and us. To the maximum extent afforded under applicable law, you hereby agree that any and all Claims not properly filed in a court of competent jurisdiction or in a proper arbitration tribunal within one (1) year from the earlier of the date that the Claim accrued, the date upon which you purchased the subject product(s), or the date upon which you received title to the subject products, are voluntarily, knowingly, expressly and forever waived by you, and thus you shall not file or prosecute any such expired Claims against us or our affiliates after this one-year period.

DISPUTE RESOLUTION.

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO RESOLVE ANY DISPUTE WITH US THROUGH A CLASS ACTION OF ANY KIND, AND YOUR RIGHT TO A TRIAL BY JURY.

Informal Negotiations.
To expedite resolution and control the cost of any dispute, controversy, or Claim related to the Purchased Products or these Terms of Use, including any Supplemental Terms (each a “Dispute” and collectively, the “Disputes”), brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The mandatory and binding arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, video conference, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Oakland County, Michigan. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state courts located in Oakland County, Michigan, or the federal courts located in Wayne County, Michigan, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute (including, without limitation, any Claim) brought by either Party related in any way to the Site, these Terms of Use, or the Purchased Products be commenced more than one (1) year after the date that the cause of action (i.e., Dispute or Claim) arose. The Parties agree that all Claims and Disputes must be filed and commenced within one (1) year after the date that the cause of action (i.e., Claim or Dispute) arose, or else it shall be deemed automatically and forever waived and released.

Restrictions.
The Parties agree that any arbitration shall be limited to the Dispute and Claims between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute or Claims to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute or Claims to be brought in a purported representative capacity on behalf of the general public or any other persons. Unless required by law, no Party or arbitrator shall disclose the existence, content, or results of any arbitration without the prior written consent of both Parties, unless it is necessary to protect or pursue a legal right.

Class Action Waiver.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY ARBITRATION OR ANY DISPUTE OR CLAIM THAT YOU OR WE ASSERT SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THAT YOU AND WE EXPRESSLY WAIVE OUR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON BEHALF OF A CLASS. Additionally, the arbitrator may not consolidate claims from multiple persons, unless both parties agree otherwise in a signed writing. Furthermore, the arbitrator may not preside over any form of representative or class proceeding, unless both parties agree in writing. You or we may, however, bring an individual Claim in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that any such Claim is maintained as an individual claim rather than a claim on behalf of an actual or potential class of claimants.

Exceptions to Informal Negotiations and Arbitration.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. IF A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION FOR ANY REASON, THE PARTIES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL.

CORRECTIONS.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY.
IN NO EVENT WILL WE OR OUR MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER AND REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective members, managers, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Reviews; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your covenants, representations and/or warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) ordering products to a city or state where such goods are illegal. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS.
These Terms of Use, including all Supplemental Terms, posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, distributorship, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us using the means provided for on the Site at the Contact Us and/or Help pages.

CALIFORNIA USERS AND RESIDENTS.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 9525210 or (916) 445 1254.

Last updated: July 21, 2025

SHIPPING POLICY.

This Shipping Policy constitutes Supplemental Terms and is incorporated in its entirety into the Terms of Use.

SHIPPING INFORMATION AND SHIPMENT TERMS.
If you try to place an order on our Site for the purchase of products from us and the shipment of such products to you, your order shall constitute an offer to purchase the products. If we accept your offer/order, we will ship your ordered products to you via third party carrier selected by us (which may include, the USPS, UPS, FedEx, etc.). All purchased products are delivered F.O.B., our warehouse or fulfillment center. Where possible, we recommend providing a business or commercial address for the shipping address. In some locations, an adult at least twenty-one (21) years old must be present to receive and sign for packages containing cigars or other regulated products.

It is your responsibility to ensure all shipping information is correct. Once we have accepted your order, changes to the shipping information may not be possible, and, if possible, additional fees or penalties may apply. Additionally, if the package cannot be delivered to the shipping address provided, additional fees or penalties may apply.

Certain jurisdictions may require you, as the purchaser, to be physically present in order to take delivery of the purchased products from our Site. In the event a carrier attempts to, and fails to, deliver purchased products to you on one or more separate occasions, the products may be returned to us by the carrier or temporarily held at a pickup location before being returned to to us by the carrier.

Robusto’s does not sell cigar or tobacco products to anyone under the age of 21.

Robusto’s does not ship cigar or tobacco products to Utah or Hawaii.

Due to Maryland state regulations, we cannot ship little cigars to Maryland residents.

Due to Washington state regulations, we cannot ship little cigars or loose tobacco to Washington residents.

Shipments to Colorado residents are subject to Total Retail Delivery Fees of $0.27 per sale. For additional details, go to: Retail Delivery Fee | Department of Revenue - Taxation

Shipping delivery times are estimates and are not guaranteed.

BY AGREEING TO HAVE PURCHASED PRODUCTS SHIPPED TO YOUR LOCATION, YOU REPRESENT AND WARRANT TO US THAT YOU ARE OF LEGAL AGE TO PURCHASE THE PRODUCTS UNDER APPLICABLE STATE AND FEDERAL LAWS AND REGULATIONS.

During the checkout process on the Site, you may be presented with a number of options regarding methods of shipment and/or delivery for your order. We will identify at the time of checkout the applicable charge for the delivery method that you select. You are responsible for all shipping fees for the delivery of your ordered products. Please be aware that selecting expedited shipping methods will incur greater shipping costs for you.

Any and all costs of shipping, storage and/or additional transportation of any kind for your ordered products shall be borne exclusively and solely by you. However, from time-to-time we may offer on the Site shipping specials or promotional sales where we absorb some of those costs on your behalf. All such shipping specials and promotions are made at our sole discretion and may be revoked or modified at any time by us.

In the United States, shipment of cigars and other regulated products is not permitted to APO/FPO or P.O. Boxes. Further, you may not ship any of our products to destinations outside the United States.

In the event that applicable state law(s) or local municipal ordinance(s) prohibit your shipment of purchased products into your designated state or local delivery destination, or in the event that any such state or municipality requires a permit or license for such a shipment to you or for your purchase of the our products, all such shipments (“Prohibited Shipments”) shall be prohibited and, therefore, orders for Prohibited Shipments are subject to cancellation.

You shall not undertake any Prohibited Shipments or otherwise use our Site or order any products for the purpose of acquiring or procuring Prohibited Shipments. By utilizing this Site, you are representing that you are acting in a fashion compliant with your local and state laws regarding the purchase, transportation and delivery of the purchased products.

If during the checkout process on the Site you designate that you desire to pick up your order at one of our retail brick and mortar stores or fulfillment centers rather than having products shipped directly to you, at the time of pickup you must present valid identification matching your order particulars along with the credit card you used to complete the transaction on the Site. Your age will also be verified with your identification for all age-restricted products. Your name on your identification must match your name on your credit card. You are the sole individual who may pick up your order and only after successful verification of your identification by us in our sole and absolute discretion. By leaving the retail store or our fulfillment center with your order, you agree that you received all purchased products due to you in excellent condition, and that you thereby waive any claim of less than perfect tender of your order to you by us.

The risk of loss for and title to purchased products immediately passes to you at the moment of our delivery to a shipping carrier. We are not liable for damaged or lost goods from that moment onward.

In the case of shipment, if purchased products are damaged or lost in transit, you may make a claim with the shipping carrier. Please refer to our Return and Refund Policy if you believe that you are entitled to a return or refund for purchased products.

If you fail to take delivery and such failure results in return of the shipment to us, you are responsible for any and all charges incurred as a result of your failure to take delivery as well as a restocking fee which shall be equal to 25% of the gross value of your shipment.

DELIVERY DATES/FORCE MAJEURE.
We will exercise commercially reasonable efforts to ensure that purchased products are delivered to you by your desired date and time, but we do not guarantee any delivery dates or times. We are not liable for delivery delays or failed delivery based on circumstances that are beyond our reasonable control. Any shipment delays, delivery delays, or delivery failures of any kind are not a breach of any agreement between us and you.

Last updated: July 21, 2025

RETURN AND REFUND POLICY.

This Return/Refund Policy constitutes Supplemental Terms and is incorporated in its entirety into the Terms of Use.

Generally.
We do not accept returns of purchased products, and in some cases we are prohibited from accepting returns due to the nature of the products we sell.

Incorrect Product Orders.
If you believe that you received an incorrect product order, such as the wrong product(s), missing product(s), or incorrect quantity, please contact us by email at the following email address, referencing your order number and identifying the problem with the order: orders@robustos.com. Our staff will make every reasonable effort to replace your product(s) and/or to correct your order. If we are unable to replace your product(s) due to an incorrect product order shipment, we will gladly refund your purchase price for the affected product(s). Refund or replacement, as determined by us in our sole discretion, is your sole remedy for any incorrectly fulfilled product order.

Last updated: July 21, 2025