Terms of Use

1. WHO WE ARE AND HOW TO CONTACT US

1.1 Who we are

Fine Cigars Club is a trading name of Fine Club Limited, a company incorporated and registered in England and Wales with company number 15930468. Our registered address is 45 Albemarle Street, Mayfair, London, United Kingdom, W1S 4JL and our registered VAT number is 474955639.

1.2 How to contact us

You can contact us by visiting Contact Us on our website and/or by sending us an email to info@finecigarsclub.com.

1.3 How we may contact you

If we have to contact you, we will send an email to the email address you provided to us when placing your order online.

2. AGE RESTRICTION

2.1 UK legislation

It is an offence in the UK to sell tobacco to any person under the age of 18. Therefore, we will not sell or deliver tobacco or alcohol to anyone who is, or appears to be, under the age of 18. By placing an order you confirm that you are at least 18 years old and we reserve the right not to deliver if we are unsure of this.

2.2 Age verification

Please note that Fine Cigars Club operates an age verification policy, and you may be asked to provide ID at delivery.

3. OUR PRODUCTS

3.1 What we provide

We provide cigars and cigar accessories.

3.2 Images and descriptions

The images of the products on our website are illustrative only. Your products may vary slightly from those images. All product measurements are approximate only and the packaging of the products may vary from that shown in images on our website.

3.3 Unavailable products

If a product is unavailable after an order is placed, and you have not opted for substitutions at the point of ordering, then we will contact you to either arrange a replacement, or agree a refund or alternative arrangement.

4. PLACING AN ORDER

4.1 How you can place an order

Orders are placed through our website. Please check your order before completing and paying.

4.2 Acceptance of your order

Your order is an offer from you to us to buy the product(s) in your basket. After you place an order, your order will only be accepted by us once we process your payment.

5. OUR RIGHTS TO CANCEL YOUR ORDER

5.1 If we cannot fulfil your order

In the unlikely event that we're unable to fulfil your order, we'll let you know by email and we won't charge you for the product.

5.2 Unusual or suspicious activity

We provide our products for your personal use only. We may cancel an order if we notice something unusual or suspect that our products are being exploited for any commercial, business or re-sale purpose. If this happens to you and you think we've made a mistake, get in touch with our customer service team through our online form by visiting Contact Us on our website and/or by sending us an email to info@finecigarsclub.com.

5.3 Suspending the supply of products

5.3.1 deal with technical problems or make minor technical changes;

5.3.2 update the product to reflect changes in relevant laws and regulatory requirements; and/or

5.3.3 make changes to the product as notified by us to you.

6. DELIVERY

6.1 Delivery destination

We do not currently ship outside of the UK. This may change in the future.

6.2 Delivery costs

All the information about our delivery charges can be found by visiting Delivery & Returns on our website.

6.3 Additional charges.

Any additional charges which apply to your order will be your responsibility and are not included in the delivery costs.

6.4 When we will provide the products.

When we deliver the products to you will depend on the delivery method you select during the order process. Please refer to our delivery timings by visiting Delivery & Returns on our website.

6.5 We are not responsible for delays outside our control.

If delivery of the products to you is delayed by an event outside our control (e.g. because of postal/courier delays, logistics or bad weather), we'll let you know as soon as possible. If there is a risk of substantial delay, you can contact us to cancel your order and we'll refund you for any products you've paid for but not received.

6.6 If you are not available when the product is delivered.

If no one is able to take delivery and the products cannot be posted through your letterbox, the courier will notify you of the delivery attempt and tell you how to rearrange delivery or collection of the products.

7. YOUR RIGHTS TO END THE CONTRACT

7.1 You can always end your contract with us

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, and when you decide to end the contract.

7.2 If what you have bought is faulty or differs substantially from how it is described on our website you may have a legal right to end the contract (or to get the product replaced or to be given a refund)

In this case, the return will be free in the United Kingdom provided you return the product to us within 14 days (unless stated otherwise on our website) from the date you receive it.

7.3 If you want to end the contract because of one of the reasons set out below, the contract will end immediately, we will refund you in full for any products which you have paid for but which have not been supplied to you. The reasons are:

7.3.1 we have told you about an upcoming change to the product or these terms which you do not agree to;

7.3.2 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;

7.3.3 we have told you that supply of the products may be significantly delayed because of events outside our control;

7.3.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks; or

7.3.5 you have a legal right to end the contract because of something we have done wrong.

7.4 If you have changed your mind about the product.

We offer a goodwill guarantee which gives you 14 days (unless stated otherwise on our website), to change your mind and receive a refund. You have 14 days (unless stated otherwise on our website), from the day you (or someone you nominate) receives the products to change your mind. If your products are split into several deliveries over different days, you have until 14 days (unless stated otherwise on our website), after the day you (or someone you nominate) receives the last delivery to change your mind. In either case, you may need to pay the cost of the return as set out in our returns process which you can find by visiting Delivery & Returns on our website. If you decide to cancel, the products must be returned to us unused, in their original packaging, and in a saleable condition. Please note that requesting delivery of cigars purchased through Collectors Lounge waives the right to cancel your purchase.

8. RETURNS AND REFUNDS

8.1 Tell us you want to end the contract

To end the contract with us or in the unlikely event that you have any complaints about the product, please let us know by contacting our customer service team through our online form by visiting Contact Us on our website. Please provide your name, delivery address, order number and email address so we can help you quickly and easily.

8.2 Returning products after ending the contract.

If you end the contract for any reason after products have been sent to you or you have received them, you must return them to us. The process for returning products to us is set out in our Delivery & Returns policy. Unless stated otherwise on our website, please make sure that the products are returned to us within 14 days.

8.3 How and when we will refund you.

We will refund you the price you paid for the products by the method you used for payment. If you are exercising your right to change your mind, your refund will be made within 14 days from the day we receive the unused product back from you.

8.4 Collectors Lounge.

We offer a goodwill guarantee of 14 days from the date of purchase to change your mind and receive a refund, subject to the cigars being stored with us. Please note that no returns are available for Collectors Lounge items, and that requesting delivery waives the right to cancel your purchase. You are welcome to request a viewing and/or additional photos of an item you are considering bidding on and/or request viewing of an item you successfully acquired through Collectors Lounge before requesting delivery of your acquired item.

9. OUR RIGHTS TO END THE CONTRACT

9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

9.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the address for delivery; or

9.1.2 you do not, within a reasonable time, allow us to deliver the products to you.

9.2 Refunds.

If we end the contract in the situations set out in clause 9.1, we will refund any money you have paid to us for products we have not provided.

10. PRICE AND PAYMENT

10.1 Where to find the price for the product

The price of the product will be the price indicated on the order pages when you placed your order. We take care to ensure that the price of the product advised to you is correct. However, please see clause 10.4 for what happens if we discover an error in the price of the product you order.

10.2 We will pass on changes in the rate of VAT.

If the rate of VAT changes between your order date and the date we supply the product, we'll adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

10.3 We may change the price of our products.

Sometimes we need to make changes to the price of some of our products. When this happens, we'll update the prices on our website. If you placed your order for a product before the price change, the price will be as stated on our website at the time when you placed your order.

10.4 What happens if we get the price wrong.

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, if the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

10.5 When you must pay and how you must pay.

We accept payments via major debit and credit cards, including Visa, Mastercard, American Express, Diners Club International, JCB, and Maestro. We will charge you when you place the order, although the price payable by you for the products may appear as pending transactions against the payment method you use. For your security and convenience, all transactions are processed through Worldpay, a leading global payment processor. Worldpay ensures that your payments are handled efficiently, securely, and in compliance with the highest industry standards.

11. PROMOTION CODES

11.1 From time to time we will release promotion codes (“Codes”) via email or other marketing channels.

These Codes will allow a discount to be applied to a new order at finecigarsclub.com. To apply a Code please enter it (and remember to click “apply”) where specified during the check-out process. Please note: Codes are valid for a limited period of time as specified in the relevant email or marketing communication, they cannot be used outside of that time period.

11.1.1 Only one Code can be applied per order. Codes cannot be used in conjunction with any other offer and are not available for staff of Fine Club Limited or any of its group companies.

11.1.2 Codes, cannot be exchanged for cash and are non-transferable.

11.1.3 Codes cannot be applied towards Collectors Lounge delivery and charges.

11.1.4 Returned items will be refunded at the discounted price paid (the discount applied between the goods proportionately). Where a qualifying spend is noted in relation to use of a Code, if items purchased using that Code are later returned to us which brings the amount spent below any qualifying level, the offer value may be deducted from any refund. This does not affect your statutory rights. A discount will not be applied to items subsequently replaced.

11.1.5 Orders are subject to stock availability and acceptance by us. We reserve the right to decline to accept orders where, in our reasonable opinion, a Code is invalid for the order being placed or is the subject of improper use or fraudulent activity.

11.1.6 We reserve the right to withdraw, amend or extend offers at any time on reasonable notice.

11.2 Specific offer terms and conditions are provided with each Code - for specific information relevant to that Code, please refer to the email or marketing communication on which it is featured.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 We are responsible to you for foreseeable loss and damage caused by us.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care); and for defective products under the Consumer Protection Act 1987.

12.3 We are not liable for business losses.

We only supply the products for private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1 How we may use your personal information.

We will only use your personal information as set out in our Privacy Policy. You can read it by visiting the Privacy Policy page on our website.

14. SELLING AND BUYING ON COLLECTORS LOUNGE

14.1 What is Collectors Lounge?

Collectors Lounge is an online only, fine cigars trading service that enables customers to sell privately stored cigars to other customers, and to buy privately stored cigars from other customers, where those cigars are held in Fine Cigars Club's UK humidity and temperature-controlled warehouses. For more details please see the Collectors Lounge FAQs section of our website.

14.2 Access to the Collectors Lounge service.

Collectors Lounge is an online-only service and therefore your use of this service is subject to Fine Cigars Club's Terms of Use and Privacy Policy. By using the Collectors Lounge service you hereby agree to such terms and conditions.

14.3 To sell your cigars through Collectors Lounge you must fulfil the following conditions.

14.3.1 You have an online account with Fine Cigars Club.

14.3.2 Your cigars are physically located in Fine Cigars Club's humidity and temperature-controlled warehouses, in full original boxes, owned by you (goods paid in full), in excellent condition and authentic as determined by Fine Cigars Club and approved for storage by Fine Cigars Club at its absolute discretion. Fine Cigars Club is committed to retaining the highest levels of quality and standards of product and all cigars will be subject to Fine Cigars Club's rigorous quality control process.

14.3.3 You must arrange at your cost and risk for the relocation and delivery of such cigars for storage at Fine Cigars Club's humidity and temperature-controlled warehouses. You must pay a fee of £10.00 per box to cover receiving/handling into our warehouse, inspection and administration.

14.4 Third party claiming ownership.

If a third party claims ownership of any cigars you have relocated to Fine Cigars Club as referred to in the above paragraph Fine Cigars Club shall inform you as soon as is practical.

14.4.1 If such claim occurs before these cigars are sold through the Collectors Lounge service then Fine Cigars Club shall have the right to withdraw the cigars from the Collectors Lounge sale list, shall be entitled to retain such cigars as part of your account until you and the third party have resolved the claim and have provided sufficient evidence to Fine Cigars Club as to ownership. Notwithstanding the above, if the third party produces to Fine Cigars Club sufficient evidence of its ownership or a court order or other legal process for the delivery up of the cigars then Fine Cigars Club shall be entitled to transfer the cigars to the third party without any liability to you.

14.4.2 If such claim occurs after the sale of the cigars through the Collectors Lounge service then if Fine Cigars Club has yet to pay you for the cigars, Fine Cigars Club shall be entitled to retain such sums until you and the third party have resolved the claim and have provided sufficient evidence to Fine Cigars Club as to ownership at which point Fine Cigars Club shall be entitled to pay the person who has proved ownership. You hereby agree to reimburse, on demand and on a full indemnity basis, Fine Cigars Club for any claims, costs, liabilities and expenses incurred as a result of a third party claim referred to above or in connection with Fine Cigars Club dealing with the cigars on the understanding that it is owned by you where this proves not to be the case.

14.5 Adding cigars to the Collectors Lounge sale list.

Once you have created a customer account on Fine Cigars Club you shall be entitled to add any of your eligible cigars from your collection onto the Collectors lounge sale list through your online account. To list the cigars follow the instructions on the relevant web page. You shall be entitled to withdraw any cigars you have listed on the Collectors Lounge sale list through your online account at any time prior to a purchaser confirming their order to purchase your cigars. Once a purchaser has confirmed their order within the purchase process or you as a seller have accepted a Collectors Lounge bid on your stored cigars, you cannot withdraw the cigars unless the purchase does not complete for whatever reason.

14.6 Collectors Lounge sale price.

When listing any of your boxes of cigars on the Collectors Lounge list, you must also state the box selling price (price inclusive of duty and VAT). You are free to set whatever price you wish for the box, save that where you set a box price less than your purchase price at which point you will receive a warning and you will have the opportunity to change the price. Fine Cigars Club reserves the right in its absolute discretion to withdraw your cigars from the Fine Cigars Club list if it believes pricing will affect the commercial integrity of the Fine Cigars Club platform and/or in Fine Cigars Club's reasonable opinion, the price set is far below or far in excess of the market value of the cigars. Fine Cigars Club may help you set the price for your cigars should you require it. Fine Cigars Club shall not be responsible for your reliance upon such help. You may vary the price of any case at any time through your online account, provided it is prior to a purchaser confirming their order to purchase your cigars. Once a purchaser has confirmed their order you cannot change the price unless the purchase does not complete for whatever reason, e.g. the purchaser's payment is not authorised or the purchaser exercises their right to cancel within 14 days.

14.7 Collectors Lounge sale list.

Fine Cigars Club shall make the sale list available online for all its customers through Fine Cigars Club online search engine. Customers looking for cigars can search the Collectors Lounge list and Fine Cigars Club's own cigars. The Collectors Lounge list will show all the cigars you have listed for sale together with all other Collectors Lounge sellers' cigars. It may be that other Collectors Lounge sellers and or Fine Cigars Club will be selling the same cigars at the same time as you, therefore all Collectors Lounge cigars will appear in any search results in the same way as Fine Cigars Club cigars. As each Collectors Lounge seller sets their own price for their cigars independently of Fine Cigars Club and a search for specific cigars may show these cigars being sold at different prices, Fine Cigars Club shall be under no obligation to vary its current cigars price list or the manner in which Fine Cigars Club determines the price for its cigars as a result of the prices set by Collectors Lounge sellers. If the same cigars are listed at an identical price by two or more Fine Cigars Club sellers then the cigars that were listed for sale first will be sold first.

14.8 Sale of cigars on Collectors Lounge.

14.8.1 If a purchaser wishes to purchase your Collectors Lounge cigars or you as seller accept a Collectors Lounge bid, an order will be placed through us. We will email you to advise you of a pending order for your cigars. We will act as agent to arrange the transaction between the seller and the buyer. We will at no time take title to or ownership of the cigars. Title will pass to the buyer from the seller on completion of the transaction. A commission of 10 percent of the sale price allocated by the seller will be paid to Collectors Lounge. The sum agreed payable to you will be paid to the account of your choosing within 14 working days of the completion of the order, subject to being paid in full by the purchaser. Please note that the transfer may take up to a minimum of 3 working days to reach your designated account.

14.8.2 You authorise us, as your agent, to agree a lower selling price on your behalf with the buyer, provided that the reduction in the sale price is matched by an equal reduction in the amount of our commission, so that the sale price net of commission remains the same.

14.8.3 If the purchaser defaults on payment or cancels the purchase, then our purchase from you will not be completed and your Collectors Lounge cigars will remain in your ownership. We will advise you by email of a completed purchase or a cancelled purchase.

14.8.4 Payment of the purchase price, net of our commission, to you shall be by crediting your Fine Cigars Club account. To withdraw funds from your account, you can request a BACS payment to your bank account by providing us the details of such bank account, please follow the instructions in your Fine Cigars Club account. You can withdraw the proceeds of the sale of cigars 14 days after the sale has been completed (when the buyer has paid for the cigars).

14.8.5 Cancellation of Collectors Lounge orders. After an order is placed for your listed cigars or after you have accepted a bid for your stored cigars, you are unable to cancel the order or withdraw the cigars.

14.8.6 Collectors Lounge privacy. You hereby agree that Fine Cigars Club may, but is under no obligation to do so, from time to time contact prospective purchasers with your listing price details to increase the possibility of your listing being purchased. Please note Fine Cigars Club does not disclose any of your personal data. Fine Cigars Club will merely advise prospective purchasers of the cigars you have listed and the price you have allocated.

14.9 Purchase of cigars on Collectors Lounge

14.9.1 Eligibility. The Collectors Lounge service is an online-only service and therefore you will have to register with Fine Cigars Club to set up an account to purchase Collectors Lounge cigars online. You can use this account to purchase other Fine Cigars Club products online.

14.9.2 Purchases. Purchases of Fine Cigars Club cigars shall be from the seller and will be subject to Fine Cigars Club standard Terms of Use, website use terms and conditions and Privacy Policy current at the time of purchase save as modified below. By using and purchasing Collectors Lounge cigars you hereby agree to these terms and conditions as well as those referred to above. Purchases of Collectors Lounge listed cigars further to successful bids will be added to your basket and standard payment checkout process applied. You will be prompted to pay for the cigars through a card payment , such payment should be done within 2 days or the cigars will be released back to the seller. As Collectors Lounge purchases are from private customers, no credit can be offered.

14.9.3 Selecting and purchasing cigars.

14.9.3.1 You may select the Collectors Lounge cigars and purchase them online by bidding on them. This service is not available by telephone, post or email. The price for the Collectors Lounge cigars shall be as stated online against the Collectors Lounge cigars you select. You should check the Collectors Lounge list and search against these cigars in Fine Cigars Club general search engine before selecting the cigars as the same cigars may be sold at different prices. Cigars on Collectors Lounge may also be available from Fine Cigars Club at a lower selling price so customers are advised to search the Fine Cigars Club website before making Collectors Lounge purchases.

14.9.3.2 By selecting particular cigars from the Collectors Lounge list and submitting a bid you are agreeing to purchase these cigars at the price of your bid, should your bid be accepted by the seller, regardless of whether the same cigars are being sold for a cheaper price elsewhere on the list or on the website.

14.9.3.3 If any description or price of the Collectors Lounge cigars or Fine Cigars Club cigars is incorrect Fine Cigars Club will not be liable to provide that item to you at the stated price provided that we notify you before we dispatch the item concerned or, in the case where we are not dispatching an item, within seven working days of our acceptance of your order and we may cancel your order provided we refund you any payments you have made. You may agree the correct price in which case we will proceed with your order. In the event that an item has been over-charged, a full refund of the difference will be given.

14.9.3.4 We reserve the right to change our prices. Please refer to the latest price list or our website for all current prices. Please note prices issued in the latest price list or on our website supersede any prices set out in these terms and conditions if they are different.

14.9.3.5 Collectors Lounge cigars can only be bought by the box. Should you require delivery of cigars purchased through Collectors Lounge, the terms and conditions set out in Delivery and Returns shall apply.

14.9.3.6 Your right to cancel. If you purchase cigars through the Collectors Lounge service as a consumer (you are an individual purchasing cigars other than for business purposes) then you have a right to cancel the purchase within 14 days of the completion of your purchase. If you have requested delivery of your cigars purchased through Collectors Lounge the purchase cannot be cancelled. (requesting delivery waives the right to cancel).

14.9.3.7 Collectors Lounge Privacy. You hereby agree that Fine Cigars Club may from time to time contact, but shall be under no obligation to do so, prospective sellers with advising them of your bid price details to increase the possibility of your bid being accepted. Please note Fine Cigars Club does not disclose any of your personal data.

15. STORING YOUR CIGARS COLLECTION WITH US

15.1 Our secure warehouse is kept in a strictly controlled environment.

Humidity is set at 69% temperatures are regulated to within half a degree, and movement of stock is kept to a minimum. Before entering the warehouse, cigars and their original packaging are assessed, checked and gently acclimatised to ensure we can guarantee the perfect condition of everything we store. For added peace of mind, all cigars are insured at full replacement value. To be eligible for storage in our warehouses, boxes must be complete and in their original packaging. We can only accept UK duty paid cigars.

15.2 Cigars purchased from Fine Cigars Club can be stored (by the complete box) in our humidors and are recorded in the customer's own name separately from Fine Cigars Club stock.

Box pricing is the same for any box size. Rent is payable annually in advance. For up-to-date storage costs please visit our cigars storage page. Fine Cigars Club reserves the right to increase the annual charge on giving prior notice of not less than 30 days to the customer. Photographs of the cigars in your reserves can be provided and will be charged at £12 per box, regardless of box size.

15.3 When withdrawing stock, delivery charges apply at the prevailing rate.

Please note that deliveries to Northern Ireland, the Isle of Man, the Isle of Wight, the Scilly Isles and some areas of Scotland, may take longer. Some delivery services are not available in these areas. Please contact us for details. We require three working days' notice if cigars are to be delivered. If stock is withdrawn prior to one year from the rent invoice date, the rental charge will be refunded pro-rata.

15.4 Limitation of liability.

Fine Cigars Club is not liable for any loss of condition or decline in market value due to natural processes, moths, vermin or insects, or being stored too long.

15.5 Collectors Lounge.

Fine Cigars Club is committed to retaining the highest levels of quality and standards of product and all cigars will be subject to Fine Cigars Club's rigorous quality control process. Subject to approval by Fine Cigars Club, where stock has been declined eligibility for listing with Collectors Lounge, we may offer to store the stock in private reserves recorded as “ineligible for listing on Collectors Lounge”. If you transfer the ownership of cigars an administration charge of £15 will be applied per request. You hereby agree that Fine Cigars Club may contact you to make an offer to purchase any of your cigars held in your private reserves or to advise you of a potential third-party purchaser. To opt out of this service, please email info@finecigarsclub.com

15.6 Insurance.

Customers' private reserves are fully insured at our estimate of the replacement market value. We accept no liability should replacement stock not be available at our estimated value.

15.7 Change of personal details.

It is the responsibility of the customer to notify us of any change in contact details (telephone, email or postal address). You can do this in your account or by emailing info@finecigarsclub.com

15.8 Non-Payment.

Please note that all storage charges are payable annually in advance. In the event of non-payment, within 30 days from the date of the rent invoice sent to the Customer's last known email address or at our sole discretion at the end of our debt collection process, we reserve the right to recover all sums due from the Customer by either a) selling at our discretion some or all of the Customer's cigars and to deduct from the proceeds of sale all outstanding sums due and any costs incurred in connection with the sale or b) take back and incorporate as our stock some or all of the Customer's cigars and to credit against the sums due from the Customer what we reasonably believe to be the current market value of the cigars taken back less 10%. In either case the Customer hereby authorises us to sell its cigars as its agent and agree that ownership of the cigars will transfer to the purchaser or to us as the case may be. We shall not be responsible or liable for any difference in the proceeds of sale or allocated value had the cigars been sold through a third party or valued by a third party. Where we sell the cigar for more than the sum due from the Customer the balance of the proceeds of the sale will be retained and credited to the Customer's account and may be utilised to settle any other amounts due to us from the Customer and any surplus refunded to the Customer pending receipt of the Customer's written request for payment. Should the proceeds of sale not cover the amount due from the Customer we reserve the right to recover the balance from the Customer. We may terminate your reserve upon not less than three months' prior notice to you expiring at the end of the relevant rental year. In such event you agree to collect your reserves or provide us with delivery details any time prior to seven working days of the expiry of the relevant rental year. If you fail to do so then, in addition to our right of sale for non-payment (see above), we reserve the right to dispose of, by sale or otherwise, your reserves which have not been collected or where no instructions for delivery have been received. We shall have the right to deduct from the proceeds of sale any monies you owe us and will send you the balance subject to receiving your instructions to do so. We are not obliged to add interest to the balance. If we exercise our right to sell any cigars held in the Customer's private reserve as referenced above, we may do so through Collectors Lounge, our fine cigars exchange and the Customer authorises us to do so on the Customer's behalf. We reserve the right to select the Customer's cigars to be listed for sale with Collectors Lounge from the Customer's holding with us and an administrative listing fee of £30 will also be charged. In order not to affect the value of the Customer's cigars holding we will only list full boxes for sale and not single cigars. This could mean we are listing cigars in excess of the value of the outstanding debt. The Customer's selected cigars will be listed with Collectors Lounge at the estimated market rate, at our sole discretion. You will be informed of the listing price by email. As we will be listing cigars with Collectors Lounge on the Customer's behalf, we reserve the right to accept any reasonable bid made for your cigars. We will ensure that only the best market rate bids on your cigars placed through Fine Cigars Club are accepted. However, we cannot be held liable for any market variation should the Customer's cigars be sold at less than the original value or the price paid by the Customer for the cigars.

15.9 Third party beneficiaries.

Irrespective of whether the cigars in your reserve have been bought for a third party or ownership is actually or beneficially transferred to that third party (whether related to you or not) and whether or not we have been informed of this, you, and only you, shall be our client in respect of your reserves and shall be solely responsible for all payments and for providing all instructions in relation to the reserve. You hereby agree to indemnify us against all and any liability, losses, expenses and costs arising from any claim of whatever nature made by such third parties and incurred by us in exercising our right of sale or disposal, or refusing to act upon such third parties' instructions or otherwise.

16. OTHER IMPORTANT TERMS

16.1 We may transfer this contract to someone else.

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within seven days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

16.2 You need our consent to transfer your rights to someone else.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

16.3 Nobody else has any rights under this contract.

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4 We may change these terms at any time.

We may make changes to these terms at any time to reflect changes in the law or for any other reason. The most up-to-date version of our terms will always be displayed on our website so please have a look before placing an order for our products to ensure you know about any changes which may have been made since your last visit to our website.

16.5 If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.6 Even if we delay in enforcing this contract, we can still enforce it later.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

16.7 All attendees of Fine Cigars Club ticketed events must be 18 years or older.

In line with the Company's age verification policy and to comply with UK law, attendees may be asked to produce photographic identification with proof of age. If you are not able to do so, you may be refused entry.

16.8 Which laws apply to this contract and where you may bring legal proceedings.

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.