Refund policy
Last Updated: August 1, 2025
Nish Cigars (nishcigars.com) is committed to customer satisfaction and transparency in our return and refund processes. This Return and Refund Policy outlines the conditions under which returns, refunds, or exchanges may be requested for purchases made through our website, in compliance with federal and Texas regulations governing tobacco products. As we operate and ship exclusively within Texas, this policy applies to all orders delivered to Texas addresses.
1. General Return Policy
Due to the perishable nature of cigars and strict federal and Texas tobacco regulations, Nish Cigars has a limited return policy. Returns are accepted only for damaged, defective, or incorrect products, ensuring compliance with the Federal Food, Drug, and Cosmetic Act (FD&C Act) and Texas Health and Safety Code.
2. Conditions for Returns
To be eligible for a return, the following conditions must be met:
- Damaged or Defective Products: Returns are accepted for cigars or accessories that arrive damaged, defective, or otherwise compromised (e.g., moldy cigars, broken humidors).
- Incorrect Orders: Returns are accepted if we ship the wrong product or quantity compared to your order.
- Timeframe: Customers must report issues within 7 days of delivery by contacting us at info@nishcigars.com. Proof of purchase and photos of the issue are required.
- Unopened Products: Cigars must be unopened and in their original packaging, with seals intact. Accessories must be unused and in original condition.
- Non-Returnable Items: Opened or used cigars, products damaged by customer mishandling, or items affected by improper storage (e.g., lack of humidification) are not eligible for return.
3. Freshness Guarantee
Nish Cigars guarantees the freshness and quality of our products upon delivery. If your cigars arrive in a condition that does not meet our quality standards (e.g., dried out, damaged), we will offer a refund or replacement, at our discretion, provided you notify us within 7 days of delivery.
4. Return Process
To initiate a return, follow these steps:
- Contact Us: Email info@nishcigars.com within 7 days of delivery, including your order number, a description of the issue, and photos of the product and packaging.
- Verification: Our team will review your request and confirm eligibility. We may request additional information or evidence of the issue.
- Return Shipping: If approved, we will provide a prepaid return shipping label for Texas addresses. Products must be returned in their original packaging to Nish Cigars, 17939 Kieth Harrow Blvd unit 101, Houston, Texas 77084.
- Inspection: Upon receipt, we will inspect the returned items to confirm eligibility for a refund or replacement.
5. Refund Process
Once a return is approved and the product is received and inspected, we will process a refund as follows:
- Refund Method: Refunds are issued to the original payment method (e.g., credit card) used at checkout.
- Refund Amount: Refunds include the product cost and Texas cigar taxes paid, excluding shipping fees unless the return is due to our error (e.g., incorrect product shipped).
- Processing Time: Refunds are processed within 5–7 business days of receiving the returned product. Customers will be notified via email once the refund is issued.
- Replacements: If preferred, we may offer a replacement product of equal value instead of a refund, subject to availability.
6. Non-Refundable Shipping Fees
Shipping fees are non-refunded unless the return is due to our error (e.g., shipping the wrong product or a defective item). Customers are responsible for return shipping costs if the return is not approved or due to customer preference.
7. Compliance with Federal and Texas Laws
Our return and refund processes comply with:
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Federal Regulations:
- FDA Regulations (21 CFR Part 1140): Restrict tobacco sales to individuals 21+, enforced through our Age Verification and Restriction Policy.
- PACT Act (15 U.S.C. § 375): Requires age verification and reporting for all tobacco sales and returns.
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Texas Regulations:
- Texas Health and Safety Code Section 161.082: Prohibits sales to individuals under 21, applicable to return processing.
- Texas Tax Code Section 154.101: Ensures proper handling of cigar tax refunds, reported to the Texas Comptroller.
8. Customer Responsibilities
Customers agree to:
- Inspect products upon delivery and report issues within 7 days.
- Return products in their original, unopened condition with all packaging intact.
- Comply with federal and Texas tobacco laws, including not reselling returned products.
- Provide accurate information for return processing, including a valid Texas shipping address.
9. Enforcement
Nish Cigars reserves the right to:
- Deny returns or refunds for non-eligible items (e.g., opened cigars, customer-damaged products).
- Cancel orders or suspend accounts for fraudulent return requests or non-compliance with this policy.
- Report violations of federal or Texas tobacco laws to the FDA or Texas Comptroller.
10. Contact Information
For questions about our Return and Refund Policy or to initiate a return, please contact us:
- Email: info@nishcigars.com
- Mailing Address: Nish Cigars, 17939 Kieth Harrow Blvd unit 101, Houston, Texas 77084
- Business Hours: Monday–Friday, 9:00 AM–5:00 PM CST
11. Policy Updates
Nish Cigars reserves the right to update this Return and Refund Policy to reflect changes in federal or Texas laws, industry standards, or operational practices. Updates will be posted on nishcigars.com, with the “Last Updated” date revised. Customers are encouraged to review this policy before placing orders.