Terms of service

Last Updated: August 1, 2025

Welcome to Nish Cigars (nishcigars.com). These Terms of Service (“Terms”) govern your access to and use of our website, products, and services. By accessing or using nishcigars.com, you agree to be bound by these Terms. If you do not agree, please do not use our website or services. Nish Cigars operates and ships exclusively within Texas, and these Terms apply to all transactions and interactions for Texas residents aged 21 or older, in compliance with federal and Texas tobacco regulations.

1. Acceptance of Terms

By accessing nishcigars.com, placing an order, or engaging with our services, you confirm that you are at least 21 years old, a resident of Texas, and agree to comply with these Terms, as well as our Age Verification and Restriction Policy, Privacy Policy, and other applicable policies. These Terms constitute a legally binding agreement between you and Nish Cigars.

2. Eligibility and Age Restrictions

Nish Cigars sells premium cigars and tobacco products exclusively to individuals aged 21 or older, as required by the FDA’s Tobacco 21 regulations (21 CFR Part 1140) and Texas Health and Safety Code Section 161.082. You must:

  • Be at least 21 years old to access our website or purchase products.
  • Provide accurate information for age verification, as outlined in our Age Verification and Restriction Policy.
  • Reside in Texas, as we only ship to Texas addresses.

Attempting to access or purchase products if under 21 or providing false information may result in account suspension, order cancellation, and reporting to authorities.

3. Use of Website

You agree to use nishcigars.com solely for lawful purposes and in accordance with these Terms:

  • Permitted Use: Browse, view, and purchase products for personal use only, not for resale or distribution.
  • Prohibited Activities:
    • Attempting to bypass age verification measures (e.g., age gate pop-up).
    • Engaging in fraudulent activities, such as using stolen payment methods or falsifying identity.
    • Scraping, hacking, or attempting to access restricted areas of the website.
    • Using the website to purchase products for minors or for unauthorized resale.
    • Distributing content from nishcigars.com without permission.

Nish Cigars reserves the right to terminate access or accounts for any violation of these Terms.

4. Orders and Payments

Order Placement: By placing an order, you agree to provide accurate billing and shipping information, including a valid Texas address. All orders are subject to our Age Verification and Restriction Policy and Tax and Compliance Policy.

Pricing: Product prices exclude Texas cigar taxes (e.g., $1.41 per 20 cigars, as of 2025), which are calculated and displayed at checkout. We reserve the right to adjust prices without notice.

Payment: We accept payments via approved methods (e.g., credit cards). You authorize us to charge your payment method for the total order amount, including taxes and shipping fees. Payments are subject to verification to prevent fraud.

Order Cancellation: We may cancel orders for reasons including, but not limited to, failed age verification, non-Texas shipping addresses, suspected fraud, or inventory issues. A full refund will be issued for canceled orders.

5. Shipping and Delivery

Nish Cigars ships exclusively within Texas, in compliance with our Texas Cigarette, E-Cigarette, and/or Tobacco Retailer Permit and the PACT Act (15 U.S.C. § 375). All shipments require adult signature (21+) upon delivery, as outlined in our Age Verification and Restriction Policy. Customers are responsible for ensuring a qualified adult is available to sign for deliveries. Non-delivery due to age verification failure or repeated attempts may result in return shipping costs or restocking fees.

6. Returns and Refunds

Returns and refunds are governed by our Return and Refund Policy. Returns are accepted only for damaged, defective, or incorrect products within 7 days of delivery. Customers must contact us at info@nishcigars.com to initiate a return. Shipping fees are non-refunded unless due to our error.

7. Compliance with Federal and Texas Laws

Nish Cigars operates in full compliance with federal and Texas regulations, including:

  • Federal:
    • FDA Tobacco 21 Rule (21 CFR Part 1140): Prohibits sales to individuals under 21.
    • PACT Act (15 U.S.C. § 375): Requires age verification, adult signature delivery, and sales reporting.
    • FD&C Act (21 CFR Part 1143): Mandates health warnings and restricts advertising.
    • TTB Regulations: Requires federal excise tax payment and registration.
  • Texas:
    • Health and Safety Code Section 161.082: Prohibits sales to individuals under 21.
    • Tax Code Section 154.101: Imposes cigar taxes, collected at checkout.
    • Business and Commerce Code Section 161.453: Mandates online age verification.

8. Intellectual Property

All content on nishcigars.com, including text, images, logos, and product descriptions, is the property of Nish Cigars or its licensors and is protected by copyright and trademark laws. You may not reproduce, distribute, or use our content without prior written permission.

9. Limitation of Liability

To the fullest extent permitted by law, Nish Cigars is not liable for any direct, indirect, incidental, or consequential damages arising from your use of our website, products, or services, including but not limited to damages from product use, website errors, or order issues. Our liability is limited to the amount paid for the product in question.

10. Indemnification

You agree to indemnify and hold Nish Cigars harmless from any claims, losses, or damages, including legal fees, arising from your violation of these Terms, misuse of our website, or non-compliance with federal or Texas tobacco laws.

11. Governing Law

These Terms are governed by the laws of the State of Texas. Any disputes arising from these Terms or your use of nishcigars.com will be resolved in the state or federal courts located in Houston, Texas.

12. Termination

Nish Cigars reserves the right to terminate or suspend your access to nishcigars.com or your account at any time, without notice, for violations of these Terms, suspected fraud, or non-compliance with applicable laws.

13. Contact Information

For questions about these Terms of Service, 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

14. Policy Updates

Nish Cigars reserves the right to update these Terms of Service 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. Continued use of our website or services constitutes acceptance of the updated Terms.