Terms of Service

1. Introduction

Welcome to Gemstix ("Gemstix," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, products, and subscription services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

We may modify these Terms at any time. Updates will be posted on this page, and the date at the top will reflect the latest revision. Continued use of the Services after an update means you accept the new Terms.

2. Age Verification and Eligibility

2.1 Minimum Age Requirement

You must be at least 21 years old to view or purchase from Gemstix. By entering our website or placing an order, you confirm that you meet this requirement.

2.2 Verification Process

You may be asked to confirm your age both at site entry and at checkout. We reserve the right to cancel any order if we believe the purchaser is underage.

2.3 Prohibited Sales

Purchasing cigars or related products for resale or for anyone under 21 is strictly prohibited.

Additionally, there are some states where laws and regulations prohibit us from shipping tobacco products. We maintain a list of restricted states and will verify your location during checkout. Orders to restricted locations will not be processed.

3. Subscription Terms

3.1 Overview

Gemstix offers recurring subscription plans featuring curated selections of premium cigars delivered to your door. Subscription tiers, quantities, and pricing are listed on our website.

3.2 Billing and Auto-Renewal

When you enroll in a month-to-month plan, you authorize Gemstix to automatically bill your payment method each month until you cancel. Billing occurs on the same date each cycle. Fixed-term prepaid plans do not auto-renew.

3.3 Price Changes

We may adjust pricing with 30 days' notice via email or website posting. Changes take effect for future billing periods.

3.4 Cancellations and Modifications

You may cancel or change your subscription anytime through your account dashboard. Cancellations made before the next billing date will stop the next shipment. There are no cancellation fees, and no refunds for fees already collected, including annual club dues where applicable.

3.5 Satisfaction

Our goal is for every shipment to delight you. However, cigars are individually handcrafted products. It is not reasonable to expect that each one will meet every user's desires or expectations. Occasional construction or draw issues are part of the experience of the cigar world. By using our service, you acknowledge that you are willing to take a risk on cigars that you may not have tried before. You acknowledge there may be a risk, and you assume the risk, that you don't like them or that they could experience construction issues that are beyond our control or ability to predict. If you ever receive cigars that arrive damaged or are not up to standard, contact us through our contact form at gemstix.com/contact with photos within 24 hours of delivery, and we will work to make it right.

4. Shipping, State Restrictions, and Taxes

4.1 Shipping Area

We currently ship within the United States to states where tobacco product sales and deliveries are permitted. We maintain a list of restricted states, which may change at any time. We do not ship internationally or to P.O. boxes.

4.2 Delivery Requirements

Shipments require an adult signature (21+) at delivery. Failure to provide valid proof of age may result in refused delivery without refund.

4.3 Risk of Loss

Risk of loss passes to you once the shipment is marked delivered by the carrier. Gemstix is not responsible for lost or stolen packages after confirmed delivery.

4.4 Taxes and Consumer Responsibility

Sales Tax: We collect and remit state and local sales taxes where required by law. The applicable sales tax will be calculated and displayed at checkout based on your shipping address.

Other Tobacco Product (OTP) Taxes: Many states impose excise taxes on cigars and other tobacco products (commonly referred to as "OTP taxes"). As the consumer and recipient of tobacco products, you are responsible for any applicable OTP taxes, excise taxes, or other tobacco-related taxes imposed by your state, county, or local jurisdiction.

While Gemstix collects and remits certain taxes where required by law, we may not collect OTP or excise taxes in all jurisdictions. In states where these taxes are not collected at the point of sale, you are legally obligated to report and pay these taxes directly to your state or local tax authority. Failure to pay required taxes may result in penalties, interest, or other legal consequences imposed by your jurisdiction.

Tax laws vary by jurisdiction and change frequently. It is your responsibility to understand and comply with all applicable tax obligations in your area. By placing an order with Gemstix, you acknowledge and agree that you are responsible for all taxes not collected by us at checkout. This section will be updated as our tax collection obligations evolve.

5. Returns, Refunds, and Replacements

5.1 General Policy

Because cigars are consumable products, all sales are generally final. However, if a shipment arrives with damaged cigars, contact us through our contact form at gemstix.com/contact within 24 hours of delivery with photos of the issue. We may, at our discretion, offer replacement cigars or store credit.

5.2 Case-by-Case Approach

We handle all return and refund requests individually to ensure fairness and satisfaction. We cannot accept returns of used or opened cigars.

We generally provide replacements or store credits rather than monetary refunds. When refunds are issued, they are processed to the original payment method within 30 business days. Store credits apply immediately to your account for future purchases.

6. Privacy and Data Use

6.1 Information We Collect

We collect personal information such as your name, address, email, phone number, payment details, and order history. We may also collect optional taste preferences and survey responses to personalize recommendations.

6.2 How We Use Your Information

We use your data to process orders, personalize your experience, and improve our Services. We may send transactional emails and, with your consent, promotional messages.

6.3 No Sale of Data

Gemstix does not sell or share your personal data with third parties for marketing purposes. We may work with trusted service providers (e.g., payment processors, shipping partners) who are bound by confidentiality agreements.

6.4 Security

We employ reasonable administrative and technical safeguards to protect your information. However, no system is entirely secure, and you use our Services at your own risk.

7. Health and Safety Warnings

• CIGAR SMOKING CAN CAUSE CANCER OF THE MOUTH AND THROAT, EVEN IF YOU DO NOT INHALE.
• CIGAR SMOKING CAN CAUSE LUNG CANCER AND HEART DISEASE.
• CIGARS ARE NOT A SAFE ALTERNATIVE TO CIGARETTES.
• CIGAR USE WHILE PREGNANT CAN HARM YOU AND YOUR BABY.
• TOBACCO PRODUCTS CONTAIN NICOTINE, AN ADDICTIVE CHEMICAL.
• PROP 65 WARNING: This product contains chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.

8. User Accounts, Membership, and Conduct

8.1 Right to Refuse or Revoke Membership

Sometimes things simply do not work out as planned. Gemstix values respectful relationships with all members and customers, but we reserve the right to refuse membership, orders, or service to anyone for any lawful reason. We may also revoke or cancel a membership at our discretion if we determine that continuing the relationship is not in the best interest of either party or our community. In such situations, affected members will be notified by email, and any unfulfilled subscription shipments will be refunded or credited as appropriate. Refunds do not extend to annual club dues.

8.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

8.3 Prohibited Actions

You may not:

• Provide false age or identity information.
• Purchase for resale or for minors.
• Attempt to interfere with our Services, systems, or other users.
• Use automated tools to scrape or extract data.

8.4 Termination

We may suspend or terminate your account if you violate these Terms, engage in fraudulent or unlawful activity, or if we otherwise determine that continuing your membership is not in the best interest of Gemstix or its members.

9. Intellectual Property and User Content

9.1 Ownership

All content on our website, including text, graphics, images, videos, and logos, is owned by Gemstix or its licensors.

9.2 Limited License

You may view and use our content for personal, non-commercial purposes. You may not reproduce or distribute our materials without written consent.

9.3 User Submissions

By submitting reviews, feedback, photos, or videos to Gemstix, you grant us a worldwide, royalty-free, perpetual license to use, display, and share this content for promotional purposes. You affirm you own the rights to any content you submit.

10. Dispute Resolution and Arbitration

10.1 Governing Law

These Terms are governed by the laws of the State of Virginia, without regard to conflict of law principles.

10.2 Arbitration Agreement

Except where prohibited by law, all disputes arising from or related to these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA). You waive any right to a jury trial or class action.

10.3 Small Claims Exception

Either party may bring an individual claim in small claims court if eligible.

10.4 Opt-Out Option

You may opt out of this arbitration agreement within 30 days of first using our Services by contacting us through our contact form at gemstix.com/contact with your name, address, and a clear statement that you wish to opt out of arbitration.

11. Limitation of Liability

To the fullest extent permitted by law, Gemstix and its affiliates shall not be liable for any indirect, incidental, or consequential damages arising out of your use of our Services or products. Our total liability shall not exceed the total amount paid to Gemstix in the 12 months preceding the claim.

12. Modifications and Termination

We may update or discontinue any part of our Services at any time. We will notify customers of significant changes that affect ongoing subscriptions. Continued use of the Services means you agree to updated Terms.

13. Contact Information

For questions or concerns about these Terms or your account, please reach us through our contact form at gemstix.com/contact.