Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Attention: Age Requirement
Due to the nature of our products whether they are tobacco or non-tobacco we do not sell to anybody under the age of 19 years old. It is illegal for anyone under the age of 19 years to purchase tobacco products in Ontario. By accessing our website and indicating you are 19 years of age or over by clicking our age selection question you have acknowledged that you are legally allowed to purchase tobacco products in Ontario.

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Baracoa Tobacconist disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Baracoa Tobacconist does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected.Baracoa Tobacconist does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Baracoa Tobacconist. The collective work includes works that are licensed to Baracoa Tobacconist. Copyright 2013, Baracoa Tobacconist ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Baracoa Tobacconist or purchasing Baracoa Tobacconist products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Baracoa Tobacconist or to purchase Baracoa Tobacconist products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Baracoa Tobacconist. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

All trademarks, service marks and trade names of Baracoa Tobacconist used in the site are trademarks or registered trademarks of Baracoa Tobacconist

Limitation of Liability/Indemnification
Baracoa Tobacconist shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Baracoa Tobacconist has been advised of the possibility of such damages. You agree to indemnify, defend, and hold harmless Baracoa Tobacconist, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Typographical Errors
In the event that a Baracoa Tobacconist product is mistakenly listed at an incorrect price, Baracoa Tobacconist reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Baracoa Tobacconist reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Baracoa Tobacconist shall issue a credit to your credit card account in the amount of the incorrect price. We make every effort to ensure that the content on this website is up to date and complete. However, this website may contain errors, omissions or inaccuracies. Baracoa Tobacconist reserves the right to cancel or refuse any orders containing any error, omission or inaccuracy, even if the order has been submitted, confirmed and/or your credit card has been charged. Baracoa Tobacconist will issue a credit to your credit card if you're charged with a purchase which is subsequently cancelled by Baracoa Tobacconist.

Product Appearances and Descriptions
Baracoa Tobacconist attempts to display the features and colours of the product shown on this website as accurately as possible. However, Baracoa Tobacconist cannot guarantee that the features and colours you see on your computer matches the product attributes, as the display of items varies depending on your monitor.

Pricing and Purchases, Currency
PRICES FOR PRODUCTS ON THIS WEBSITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. Prices listed on the website are for online purchase and in most cases are the same at the Baracoa Tobacconist retail location, that being said some prices may vary. If you are a visitor or shopper on this site then you must have attained the age of majority in your province or territory of residence.  Furthermore, you must agree to pay for all charges noted on this website as payable by you. All prices on this website are in Canadian dollars and all charges will be processed in Canadian dollars. Baracoa Tobacconist reserves the right to limit the quantities of products which you can purchase through this website.  Note that, if offered, tobacco products will only be sold in the province of Ontario or outside Canada; all other provinces and territories in Canada are restricted to ordering non-tobacco products.  It is a violation of Canada’s Tobacco Act to ship or transport retail tobacco products from one province or territory to another.

Account Name and Password
Some activities on this website require you to supply an email address and a password.   It is your responsibility to keep your login information secure. You agree to notify us immediately if you suspect there has been any unauthorized use of your account. Baracoa Tobacconist will not be held responsible for any liability arising from or related to your failure to secure your login information.

These Conditions of Use shall be deemed as severable; in the event that any provision of the Conditions of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law
The Conditions of Use as well as the use of this website, including any order or purchase made through this website shall be governed by the Laws of the Province of Ontario and the Laws of Canada as applicable.


These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Baracoa Tobacconist without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Baracoa Tobacconist may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Baracoa Tobacconist.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Baracoa Tobacconist or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Entire Agreement
These Conditions of Use, together with the Shipping and Handling and Privacy policy sections of this website, constitute the entire agreement between Baracoa Tobacconist and you regarding your transaction with Baracoa Tobacconist. In the event of a conflict between these Conditions of Use and any other section, these Conditions of Use shall prevail.

Participation Disclaimer
Baracoa Tobacconist does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Baracoa Tobacconist is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Baracoa Tobacconist reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Baracoa Tobacconist in its sole discretion.

You agree to indemnify, defend, and hold harmless Baracoa Tobacconist, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Baracoa Tobacconist may link to sites operated by third parties. However, even if the third party is affiliated with Baracoa Tobacconist, Baracoa Tobacconist has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Baracoa Tobacconist. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Baracoa Tobacconist seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Baracoa Tobacconist will always try to deliver any product you order as quickly as possible and within a reasonable time period. Where delivery is delayed, Baracoa Tobacconist will notify you as soon as possible.  You acknowledge that Baracoa Tobacconist cannot be held responsible for any delays in shipping or delivery.  If you are purchasing a gift for a significant event such as Christmas then be advised that you would be wise to order early to avoid disappointment. 

Violation of Conditions of Use
Baracoa Tobacconist will treat any complaint or investigation of your use of this site seriously, and may disclose your identity or divulge information if we determine that such disclosure is necessary to comply with any applicable law, government request or legal process.  You acknowledge and agree that Baracoa Tobacconist may preserve any transmittal or communication by you through the Site, and may also disclose such data if required to do so by law.

Privacy Policy
Baracoa Tobacconist's Privacy Policy applies to use of this Site, and its terms are made a part of these Conditions of Use by this reference. To view Baracoa Tobacconist's Privacy Policy, click here.
Additionally, by using this Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others.