Shipping policy
Last Updated: August 1, 2025
Nish Cigars (nishcigars.com) is dedicated to providing reliable and compliant shipping for our premium cigars and tobacco products. This Shipping Policy outlines our procedures, restrictions, and compliance with federal and Texas regulations for deliveries within Texas. As we operate and ship exclusively within Texas, all orders are subject to strict age verification and tobacco-specific requirements.
1. Texas-Only Shipping
Nish Cigars ships exclusively to addresses within the state of Texas, in compliance with our Texas Cigarette, E-Cigarette, and/or Tobacco Retailer Permit issued by the Texas Comptroller of Public Accounts and the Prevent All Cigarette Trafficking (PACT) Act (15 U.S.C. § 375 et seq.).
- Customers must provide a valid Texas shipping address at checkout.
- Orders with non-Texas addresses will be automatically canceled, with a full refund issued.
2. Adult Signature Requirement
All shipments require an adult signature (21+) upon delivery, as mandated by the PACT Act and Texas Health and Safety Code Section 161.252:
- Our shipping carriers (e.g., FedEx, UPS, or USPS, where permitted) verify the recipient’s age by checking a government-issued photo ID at delivery.
- If the recipient is under 21 or cannot provide valid ID, the package will not be delivered and will be returned to Nish Cigars, with the customer responsible for return shipping costs.
- Customers must ensure a person aged 21 or older is available to sign for the delivery.
3. Shipping Methods and Delivery Times
We offer the following shipping methods for Texas deliveries:
- Standard Shipping: Estimated delivery within 3–7 business days.
- Expedited Shipping: Estimated delivery within 1–3 business days, subject to carrier availability.
Delivery times are estimates and may vary due to factors such as carrier delays, weather, or order verification processes. Nish Cigars is not responsible for delays beyond our control.
4. Shipping Costs and Taxes
Shipping costs are calculated at checkout based on the selected method and order weight:
- Costs are clearly displayed before order confirmation.
- Texas tobacco excise taxes (e.g., $1.41 per 20 cigars, as of 2025) are collected at checkout and remitted to the Texas Comptroller, as required by Texas Tax Code Section 154.101.
- Customers are responsible for any additional state use taxes, if applicable, and should consult a tax professional for guidance.
5. Delivery Restrictions
To ensure compliance with federal and Texas regulations:
- No P.O. Boxes: Deliveries are not made to P.O. boxes, as they cannot guarantee adult signature verification.
- Failed Deliveries: If a delivery fails due to no eligible recipient (21+) being available or refusal to provide ID, the package will be returned to Nish Cigars. Customers are responsible for return shipping costs and any restocking fees.
- Multiple Attempts: Carriers may attempt delivery up to three times. Repeated failures may result in order cancellation, with a refund issued minus shipping and restocking fees.
6. Order Processing
Orders are processed within 1–2 business days, subject to age verification as outlined in our Age Verification and Restriction Policy:
- Orders requiring additional verification (e.g., manual ID checks) may experience slight delays.
- Once processed, orders are shipped via a PACT Act-compliant carrier, and customers receive a tracking number via email.
7. Compliance with Federal and Texas Laws
Nish Cigars adheres to all applicable regulations for shipping tobacco products:
-
Federal:
- PACT Act (15 U.S.C. § 375): Requires adult signature delivery, age verification, and sales reporting to the Texas Comptroller.
- FDA Tobacco 21 Rule (21 CFR Part 1140): Prohibits sales to individuals under 21.
- TTB Regulations: Ensures federal excise tax compliance, included in product pricing.
-
Texas:
- Health and Safety Code Section 161.252: Mandates adult signature (21+) for tobacco deliveries.
- Tax Code Section 154.212: Requires reporting of sales and tax collection.
- Business and Commerce Code Section 161.453: Mandates age verification for online sales.
8. Customer Responsibilities
By placing an order, customers agree to:
- Provide a valid Texas shipping address and accurate recipient information.
- Ensure a person aged 21 or older is available to sign for deliveries.
- Pay applicable shipping fees and Texas cigar taxes at checkout.
- Comply with federal and Texas tobacco laws, including not reselling products.
9. Lost or Damaged Shipments
If a shipment is lost or damaged:
- Contact us at info@nishcigars.com within 7 days of the expected delivery date, providing your order number and tracking details.
- We will work with the carrier to investigate and, if eligible, provide a refund or replacement per our Return and Refund Policy.
- Nish Cigars is not liable for packages confirmed as delivered by the carrier.
10. Contact Information
For questions about our Shipping Policy or assistance with an order, 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 Shipping Policy to reflect changes in federal or Texas laws, carrier policies, 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.