01.Agreement and Acceptance
1.1 This User Agreement is a binding legal contract between you (“you,” “your,” or “User”) and Club Habano, governing all access to and use of the Site and any services we provide through it (“Services”).
1.2 By accessing, registering with, or using the Site in any way, you accept and agree to be bound by this Agreement.
1.3 If you are acting on behalf of a business or organization (“Client”), you confirm that you have authority to bind that Client to this Agreement.
02.Purpose of the Platform
2.1 Club Habano operates an international online marketplace where verified users can auction, trade, and purchase tobacco products and related accessories.
2.2 The Site also provides tools, listings, payment processing, and communication channels that allow trusted buyers and sellers to interact in a secure environment.
03.Key Definitions
For clarity, the following terms have specific meanings in this Agreement:
- Account — Your registered profile and login credentials used to access secure parts of the Site.
- Auction — A live or scheduled bidding event hosted on the Site.
- Bidder — A User who places a bid on an Item.
- Buyer — The highest Bidder on an Item at the close of an Auction.
- Buyer’s Premium — An additional charge payable to Club Habano by the Buyer, as published on the Site.
- Item — Any product listed for sale or auction on the Site.
- Listing Fee — The fee charged to post an Item for sale or auction.
- Seller — A User who lists or sells an Item through the Site.
- Services — All features, tools, and online facilities provided through the Site.
04.User Accounts and Access
4.1 Certain sections of the Site require registration. Each User must maintain a unique Account secured by a user ID and password (“Login Credentials”).
4.2 Your Login Credentials are personal and may not be shared. You are responsible for maintaining their confidentiality and for all activity under your Account.
4.3 We may issue additional access codes when necessary for specific transactions. Misuse of Login Credentials may result in suspension or termination of access.
4.4 You agree to provide accurate, complete, and current information always and to promptly update it when changes occur.
05.User Submissions and Conduct
5.1 You are solely responsible for all information, listings, data, or communications you upload or transmit through the Site (“Submissions”).
5.2 All Submissions must comply with applicable laws and may not:
- Contain false, fraudulent, defamatory, obscene, or abusive material;
- Infringe any copyright, trademark, or proprietary right;
- Contain viruses, malware, or harmful code; or
- Solicit or advertise outside the scope of the Site’s permitted use.
5.3 You agree not to interfere with the Site’s operation, attempt unauthorized access, or engage in any conduct that disrupts other Users.
5.4 We may monitor, edit, or remove any Submission that violates this Agreement or applicable law, at our sole discretion and without notice.
5.5 By submitting material, you grant Club Habano a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, display, and distribute that material as needed to operate and promote the Site.
06.Availability of the Site
6.1 The Site and Services are provided “as-is” and “as available.” We make no guarantee that access will be uninterrupted or error-free.
6.2 We are not responsible for downtime or failures caused by network outages, system maintenance, or events beyond our control.
6.3 Club Habano may modify, suspend, or discontinue any part of the Site at any time without prior notice.
07.Confidential Delivery Information
We understand that delivery addresses and recipient identities may be confidential to our Clients. Club Habano will not intentionally disclose such information to third parties without prior consent, except as required by law.
08.Recordkeeping
8.1 You agree to keep accurate records of your activities on the Site in accordance with applicable laws and good business practice.
8.2 Club Habano is a service provider, not a system of record. You are responsible for retaining copies of all orders and correspondence for your own records.
09.Business Changes
If Club Habano is sold, merged, or otherwise reorganized, your data may be transferred to the new entity so the Services can continue. In that event, your data will remain subject to the commitments described in our Privacy Policy until updated by the acquiring entity.
10.Security and Data Transmission
10.1 While Club Habano uses encryption and commercially reasonable security measures, internet transmissions are never completely secure.
10.2 You are responsible for ensuring your Submissions comply with law and for avoiding the transmission of incomplete, false, or defamatory material.
10.3 You acknowledge that you use the Site and transmit information at your own risk.
11.Age Requirements
11.1 You must be 21 years of age or older to create an account, list items, or purchase products through the Site.
11.2 By using the Site, you represent that you are of legal age to buy and possess tobacco products in your jurisdiction.
11.3 Club Habano reserves the right to request photo identification or other proof of age before processing a transaction if it has any suspicion of minor behavior.
12.Currency
12.1 All auctions are listed in United States Dollars (USD) and are converted at the time of sale for payment.
12.2 Payments are processed in United States Dollars (USD) at the prevailing exchange rate used by your bank or card issuer.
12.3 You are responsible for any currency conversion charges imposed by your financial institution.
13.Privacy
13.1 Your use of the Site is governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.
13.2 By using the Site, you consent to the processing of your data in accordance with that Policy.
14.Disclaimers
14.1 Information on the Site is transmitted through networks beyond our control. We are not responsible for delays, interruptions, or corruption of data arising from internet transmission.
14.2 You are responsible for ensuring your use of the Site complies with all applicable laws and regulations.
14.3 Club Habano makes no guarantees that:
- The Site or Services will meet your expectations;
- Transactions between buyers and sellers will be completed; or
- The Site will be free from errors, viruses, or interruptions.
14.4 Except where prohibited by law, the Site and Services are provided “as-is” without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
14.5 You acknowledge that you use the Site entirely at your own risk.
15.Limitation of Liability
15.1 To the maximum extent allowed by law, Club Habano is not liable for any indirect, incidental, consequential, or exemplary damages arising from your use of the Site.
15.2 Nothing in this Agreement limits liability for death, personal injury, or fraud caused by our negligence.
15.3 If any provision of this section conflicts with mandatory law, that provision shall be modified or severed to comply, without affecting the remainder of this Agreement.
16.No Waiver
Failure by either party to enforce any term or right under this Agreement does not constitute a waiver of that term or right in the future.
17.Conflicts with Previous Versions
If any prior version of these terms differs from this User Agreement, the provisions of this document shall control unless we expressly state otherwise.
18.Third-Party Rights
This Agreement is between you and Club Habano. No other person or entity has rights to enforce any part of it.
19.Communications
19.1 You may contact us at admin@clubhabano.com. Emails received on business days are considered delivered the same day; those sent on weekends or holidays are considered delivered the next business day.
You can also reach us by post or phone:
Club Habano, 71-75 Shelton Street, Covent Garden, London, United Kingdom WC2H 9JQ
Phone: +44 794 362 0324
19.2 We may occasionally send you information about updates or promotions. You may opt out by selecting “Unsubscribe” in any email.
19.3 Unsubscribing may prevent you from receiving notices about changes to the Site or its operation.
20.Dispute Resolution
20.1 If a dispute arises, you must notify Club Habano promptly through the Site’s dispute mechanism and describe the issue in reasonable detail.
20.2 We will use good-faith efforts to investigate and resolve disputes quickly and fairly.
20.3 If a dispute cannot be resolved informally, it will proceed under the Jurisdiction and Governing Law section of this Agreement.
21.Account Closure
21.1 Club Habano reserves the right to deactivate or terminate any account at its sole discretion, with or without prior notice, including where a User violates this Agreement or applicable law.
21.2 We may retain account data for bookkeeping or legal compliance as required by authorities.
21.3 Once an account is closed, you may not access it again without our written permission.
22.Intellectual Property
22.1 Except where noted otherwise, all text, graphics, code, logos, images, audio, video, design, and layout on the Site are the exclusive property of Club Habano or its affiliates.
22.2 You may print or download limited portions of the Site’s content for your personal or educational use only. You may not systematically copy, compile, or distribute our materials without written consent.
22.3 All software and source code remain proprietary and protected under international copyright laws.
23.Third-Party Intellectual Property
23.1 Intellectual-property rights in product listings belong to the Sellers who created them unless expressly stated otherwise.
23.2 Some materials may belong to other third parties and are used under license.
23.3 These third-party materials are not covered by any permission granted in this Agreement.
24.Fair Use of Materials
24.1 You may reuse materials from the Site only as permitted under applicable copyright law (such as fair-use or educational exceptions).
24.2 Any broader use requires prior written approval from Club Habano.
25.Trademarks and Marks
25.1 “Club Habano,” related logos, imagery, and all custom graphics and icons are trademarks or trade dress of Club Habano and may not be used without our written authorization.
25.2 All other trademarks or company names appearing on the Site remain the property of their respective owners.
26.Links to Other Websites
26.1 The Site may include links to third-party websites. Club Habano is not responsible for and does not endorse the content, policies, or security of those sites.
26.2 We are not liable for any loss or damage arising from your use of third-party websites.
27.Linking to This Website
27.1 You may link to https://www.clubhabano.com only to the home page, provided the link does not misrepresent our relationship or imply endorsement.
27.2 Deep-linking to internal pages requires prior written permission from Club Habano.
28.Registration and Verification
28.1 Club Habano partners with a third-party payment processor to verify user registrations securely.
28.2 Payment information is handled in a PCI-compliant manner and used solely to confirm registration validity.
29.Selling Items
29.1 We reserve the right to refuse or remove any listing at our discretion.
29.2 Sellers may be required to provide proof of purchase or authenticity before approval.
29.3 Club Habano retains editorial discretion over listing descriptions and may include condition assessments.
29.4 Sellers grant Club Habano a limited license to display their listings until removal.
29.5 Using the Site to complete a transaction outside the platform or to process off-site payments is prohibited and may result in account termination.
30.Payments and Processing
30.1 All payments for winning bids are due immediately when an auction closes.
30.2 Failure to pay within 72 hours may result in auction cancellation and account suspension.
30.3 If insufficient funds are available, any partial payment may be applied to commissions or fees owed. The remaining balance will still be due.
30.4 All payment processing is managed through our selected third-party payment processor, which securely stores your payment details in compliance with industry standards.
30.5 By participating in auctions, you authorize Club Habano to process payments and refunds through its third-party processor.
30.6 Cancellation of your membership restricts bidding privileges in current or future auctions.
30.7 Club Habano accepts Visa, Mastercard, and American Express for payments.
30.8 Club Habano accepts ACH transactions for membership transactions.
31.Bidding and Buying
31.1 Users may bid on available items at any time during an active auction.
31.2 You may not bid on items you or your family members have listed. This is considered “shill bidding” and is strictly prohibited.
31.3 Each bid represents a binding and irrevocable offer to purchase the listed item.
31.4 If you are the highest bidder at the close of an auction, you must pay the purchase price plus any applicable fees as detailed in the Buying Guide.
31.5 If you enter an incorrect bid amount, contact admin@clubhabano.com immediately. Club Habano may, at its sole discretion, adjust or retract the bid if it does not disrupt the auction process.
31.6 Once an auction closes, bids cannot be withdrawn or altered.
31.7 You are responsible for ensuring sufficient funds are available to cover your bids.
31.8 All items are sold “as is.” You are encouraged to conduct your own research before bidding.
31.9 When a reserve price is met, the highest bid at auction close is deemed accepted.
31.10 Club Habano may enforce these terms and pursue legal remedies for any user’s failure to meet obligations under this Agreement.
32.Starting Bids and Reserves
32.1 Each auction lot includes a Starting Bid, which is the minimum price to enter the auction.
32.2 Some items may also include a Reserve Price, representing the lowest amount a Seller is willing to accept. The reserve price is not publicly disclosed.
32.3 If the reserve has not been met, the auction will display “Reserve Not Met.”
32.4 When a bidder’s maximum bid equals or exceeds the reserve, the current bid automatically increases to meet the reserve.
32.5 Items must reach or exceed the reserve price before they can be sold to the highest bidder.
33.Lot Withdrawal by Sellers
33.1 Once an item is approved for listing, Sellers may not withdraw it without prior approval from a Club Habano administrator.
33.2 Unauthorized withdrawal of lots may result in account suspension.
34.Completion of Purchase and Delivery
34.1 The purchase price consists of the final winning bid plus the Buyer’s Premium.
34.2 The highest acceptable bid received before the auction close becomes the binding sale price, provided any reserve has been met.
34.3 Buyers will receive a post-auction email notification outlining payment instructions and shipping preferences.
34.4 Full payment must be received before ownership transfers.
34.5 Title to items does not pass to the Buyer until Club Habano has received complete payment.
34.6 No item will be released until all post-sale handling charges are paid.
35.Risk and Title
35.1 Title to an item remains with the Seller until full payment is received.
35.2 Risk of loss or damage stays with the Seller until that time.
35.3 Once payment is complete, both title and risk transfer to the Buyer, who is responsible for appropriate insurance coverage.
35.4 Club Habano is not responsible for loss or damage to any item while temporarily held for auction or shipment.
36.Shipment
36.1 Club Habano is not responsible for shipping arrangements or issues between Buyers and Sellers.
36.2 Once the Seller ships an item in accordance with the post-sale agreement, responsibility for delivery, loss, damage, or confiscation rests with the Buyer and the carrier.
36.3 If the Seller fails to follow agreed shipping terms, liability may shift to the Seller.
36.4 Sellers should maintain shipment evidence (e.g., packing photos, courier receipts) to demonstrate compliance with the post-sale agreement.
37.Condition of Goods
37.1 Sellers must take reasonable precautions to protect boxes and cigars during shipment.
37.2 Buyers understand that damage can occur during or after transit and accept this inherent risk.
37.3 If a Seller followed all reasonable precautions, no price adjustments or refunds will be issued for damage occurring after shipment.
38.Accounts and Seller Fees
38.1 To list or bid on items, Users must provide accurate identifying information and, if required, maintain an active Account.
38.2 All information must remain truthful, current, and complete.
38.3 Account sharing or listing on behalf of others without written approval is prohibited.
38.4 Club Habano charges a commission fee for each successfully sold item, as outlined in the Seller’s Guide.
38.5 Once a Buyer has paid, Sellers may withdraw proceeds from their Club Habano wallet to their nominated bank account within 14 business days.
38.6 Club Habano is not responsible for additional bank or intermediary transfer fees.
39.Wallet Funds
39.1 Sellers must withdraw auction proceeds within 10 business days of completing a post-sale agreement.
39.2 Failure to withdraw funds may result in a temporary suspension of listing privileges.
39.3 If funds remain unclaimed after 90 days, Club Habano will automatically transfer them to the Seller’s registered account on file.
39.4 Sellers are responsible for keeping their bank information up to date to avoid processing delays.
40.Indemnification
40.1 You agree to indemnify, defend, and hold harmless Club Habano, its officers, employees, members, agents, and affiliates from any and all claims, losses, damages, or expenses (including reasonable legal fees) arising from:
- Your breach of this Agreement or the Privacy Policy;
- Your violation of applicable law;
- Unauthorized use of the Site or its Services by you or anyone using your account credentials.
40.2 This indemnity survives termination of your account and your use of the Site.
41.Jurisdiction and Legal Compliance
41.1 Club Habano operates from Dubai, UAE. The Site is intended for use in jurisdictions where buying, selling, or possessing tobacco products is lawful.
41.2 We make no representation that the Site or its content is appropriate or available for use outside Dubai, UAE. Accessing or using the Site from other jurisdictions is done at your own risk, and you are responsible for compliance with all local laws.
41.3 Certain products or transactions may not be lawful in your location. By using this Site, you acknowledge that you are solely responsible for determining and following any applicable restrictions.
42.Governing Law and Dispute Resolution
42.1 This Agreement and any related disputes are governed by the laws of the UAE, without regard to conflict-of-law principles.
42.2 You agree to submit to the exclusive jurisdiction of the courts of the UAE for any dispute arising under or related to this Agreement.
42.3 You waive any objection to venue, forum, or convenience of those courts.
42.4 If any term of this Agreement is found invalid or unenforceable, the remaining provisions will continue in full effect.
42.5 The headings in this Agreement are provided for convenience only and do not affect interpretation.
42.6 The U.N. Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
43.Entire Agreement
43.1 This User Agreement and our Privacy Policy represent the complete and exclusive agreement between you and Club Habano regarding your use of the Site and related Services.
43.2 They replace all previous written or oral agreements concerning the same subject matter.
43.3 Any purchase orders or other documents issued by you do not alter this Agreement unless expressly accepted in writing by Club Habano.
44.Termination and Suspension
44.1 Club Habano may suspend or terminate your access to the Site or Services at any time, with or without notice, for violation of these terms or for conduct it deems harmful to the platform or other users.
44.2 If your account is terminated, you must not attempt to access the Site under another name or using another person’s credentials.
44.3 Termination does not affect any rights or obligations accrued before the termination date.
45.Legal Compliance and User Responsibilities
45.1 You are solely responsible for complying with all laws related to the sale, purchase, shipment, importation, and possession of tobacco products.
45.2 This includes (but is not limited to) laws regarding age verification, packaging, labeling, tax collection, registration, and licensing.
45.3 Club Habano provides the platform but does not interpret or guarantee compliance with regional tobacco regulations.
45.4 By using the Site, you certify that you are legally permitted to purchase and possess tobacco products in your jurisdiction.
45.5 You agree not to use the Site for any activity that violates applicable law or regulation.
46.User Memberships
46.1 Overview. Club Habano offers a tiered membership program (the “Membership Program”) designed to enhance the user experience and reward engagement on our platform. By registering for a membership, users (“Members”) gain access to exclusive features, lower transaction fees, and other benefits depending on their membership tier. Memberships are optional but required for certain selling or trading privileges.
46.2 Membership Tiers. Memberships are organized in multiple tiers, each with its own fee structure, benefits, and eligibility requirements. Higher-tier memberships provide reduced platform fees, priority access to listings, promotional opportunities, and other enhanced services. Details of current tiers — including pricing, features, and qualification criteria — are displayed on the Membership page and may be updated periodically at our discretion.
46.3 Fees and Billing. Membership fees, if applicable, are payable in advance for the selected term. Transaction fees on purchases or sales will vary according to your membership level. As membership tier increases, applicable fees decrease in accordance with the published rate schedule. By enrolling in a membership, you authorize Club Habano to charge your designated payment method for recurring billing, if applicable, until you cancel or downgrade your membership.
46.4 Changes and Termination. Club Habano reserves the right to modify, suspend, or discontinue the Membership Program, including any tier, benefit, or fee schedule, at any time with or without notice. Members may cancel their membership at any time through their account settings; however, fees already paid are non-refundable unless required by law. Continued use of the platform after any modification constitutes acceptance of the revised Membership Terms.
46.5 No Guarantee of Results. Membership does not guarantee sales performance, exposure, or earnings. Benefits are provided as-is, and participation in a particular tier does not create an employment, partnership, or agency relationship between you and Club Habano.
47.Shipping Protection & Insurance
47.1 Overview. Club Habano (“the Company”) offers an optional Shipping Protection & Insurance Program (“Shipping Protection”) that allows users to safeguard their purchases against loss, damage, or non-delivery during transit. This protection is provided internally by Club Habano and is not underwritten by any third-party insurer. Please contact admin@clubhabano.com regarding the terms of the shipping guarantee.
47.2 Optional Enrollment. Shipping Protection is voluntary and must be selected at the time of checkout. Users who do not opt in during purchase are not eligible for reimbursement in the event of shipment loss, damage, or non-delivery. Once purchased, Shipping Protection fees are non-refundable.
47.3 Coverage Scope. If a protected shipment is lost, damaged, or not delivered, Club Habano will reimburse the user for the full transaction amount (including applicable taxes and shipping costs), provided that:
- The user purchased Shipping Protection during checkout;
- The order was shipped using a verified carrier service with valid tracking information;
- The user submits a claim within the required time frame (see Section 47.5 below); and
- The loss or damage occurred while the item was in transit and before confirmed delivery.
47.4 Customs Regulations & Limitations. All shipments remain subject to international customs laws and import regulations. Shipping Protection does not cover losses or delays caused by customs seizures, inspections, import restrictions, or duties imposed by governmental authorities. It is the user’s responsibility to ensure that all purchases comply with the import laws of the destination country. Club Habano cannot reimburse or replace items confiscated, returned, or destroyed by customs officials.
47.5 Claims Process. To file a claim, users must notify Club Habano within 15 calendar days of the expected delivery date by providing:
- Proof of purchase and payment;
- Shipment tracking information; and
- A statement describing the issue (e.g., undelivered, damaged, or missing items).
Upon verification, Club Habano will process reimbursement or replacement within a reasonable timeframe. The Company reserves the right to request additional information or deny claims that do not meet eligibility requirements.
47.6 Exclusions. Shipping Protection does not cover:
- Packages successfully marked as delivered by the carrier;
- Delays resulting from carrier error, customs holds, or incorrect shipping addresses provided by the user;
- Items seized or restricted under applicable import/export laws;
- Normal wear, tear, or minor cosmetic damage to packaging.
47.7 Amendments. Club Habano reserves the right to modify or discontinue the Shipping Protection Program, including coverage limits, fees, and eligibility criteria, at any time. Changes take effect upon publication on the Website. Continued use of the Service after such changes constitutes acceptance of the revised terms.
48.Authenticity Guarantee & Validation Policy
48.1 Overview. Club Habano (“the Company”) is committed to maintaining the integrity of the cigar marketplace by ensuring that all Cuban cigars and related products offered on our platform are authentic. To protect our buyers and uphold industry standards, the Company operates a Cigar Validation & Authenticity Program (“Authenticity Program”) designed to inspect, verify, and certify each item prior to delivery whenever applicable.
48.2 Inspection & Verification. All eligible cigars listed or sold through Club Habano are subject to a multi-point inspection conducted by our authorized specialists. This process may include verification of factory codes, packaging integrity, band design, box markings, and condition consistent with original Habanos S.A. specifications. Only items that pass inspection are released for shipment and covered under this Authenticity Guarantee.
48.3 Authenticity Guarantee. Club Habano guarantees that every cigar validated through our platform is genuine and sourced through legitimate channels. In the unlikely event that a buyer receives a product determined by our inspection team to be counterfeit or non-authentic, the Company will:
- Reimburse the buyer for the full purchase price, including applicable taxes and shipping; and
- Buy back the product for verification and removal from circulation.
Refunds will be issued once the product is received and inspected by Club Habano. The determination of authenticity rests solely with the Company’s qualified evaluators.
48.4 Claim Procedure. To initiate a claim under this policy, buyers must notify Club Habano within 7 calendar days of receiving the product and provide:
- Proof of purchase;
- Photographic or video evidence of the cigar and packaging; and
- A written statement describing the reason authenticity is in question.
The Company may request return shipment of the item for physical inspection before issuing any refund or replacement. Claims filed beyond the 7-day period or lacking sufficient documentation may be denied.
48.5 Limitations & Member Conduct. This guarantee applies only to cigars authenticated by Club Habano or its designated partners prior to sale. It does not apply to:
- Cigars purchased outside of the platform;
- Products altered, damaged, or stored improperly after delivery; or
- Disputes regarding subjective qualities such as flavor, aroma, or draw.
The Authenticity Program is intended for legitimate consumer protection. Any misuse or repeated filing of unfounded authenticity claims may be considered abuse of this policy. Club Habano reserves the right to suspend or terminate a user’s membership and site access for fraudulent activity, bad-faith claims, or violations of these terms.
48.6 Amendments. Club Habano reserves the right to modify, suspend, or terminate the Authenticity Program and its terms at any time. Updates will take effect upon posting on the Website. Continued participation after such updates constitutes acceptance of the revised policy.
49.Miscellaneous Provisions
49.1 Club Habano may assign its rights or obligations under this Agreement at any time without notice. You may not transfer your rights without our written consent.
49.2 Failure by Club Habano to enforce any part of this Agreement does not constitute a waiver of future enforcement.
49.3 If any provision is held invalid by a court of competent jurisdiction, the remaining provisions remain in full force.
49.4 This Agreement does not create any partnership, joint venture, or agency relationship between you and Club Habano.
49.5 We may update or revise these terms at any time by posting the amended version on our Site. Continued use of the Site after changes are posted means you accept the updated Agreement.
49.6 Questions, comments, or concerns may be directed to admin@clubhabano.com.