GENERAL TERMS & CONDITIONS
The following is a translation of the German version of the General Terms and Conditions (GTC) available on this website. In the event of discrepancies between the German and the English version of the GTC, the German version shall prevail.
1. Applicability and Scope
The following GTC apply to all business relationships between Culebra LLC (Culebra LLC, us, or we) and the customer (Customer, Buyer, or you) for products (Products or Goods) purchased via our website www.culebracigars.ch (Online Shop or Website).
The Online Shop is operated by:
Culebra LLC
Heidenmösliweg 7, 8713 Uerikon
UID No.: CHE-183.229.575
VAT No.: CHE-183.229.575
Revers No: 8344
Phone: +41 79 128 90 10
E-mail: cigars@culebra.ch
Individual agreements concluded with the Customer take precedence over these GTC. Any conflicting terms and conditions of the Customer shall not be recognized. Culebra LLC reserves the right to unilaterally amend these GTC at any time without prior notice. All amendments shall become effective upon publication of the new GTC on the Website. The decisive date for the applicability of the valid GTC is the date on which the binding order is placed with us when purchasing a product.
Please read these GTC carefully before placing a binding order. By placing a binding order for our Products, you agree to these GTC and our Privacy Policy and declare that you are authorized to enter into legally binding contracts and are at least 18 years of age.
2. Authorized Use and Protection of Minors
The use of the Website and the ordering of Goods is only permitted to persons of legal age, i.e., 18 years of age or older. You may not allow minors to access this Website or our Goods.
We reserve the right to refuse or restrict access to this Website or to refuse to deliver Goods subject to age restrictions to you if we have reasons to believe that you are a minor and/or you do not provide proof that you are of legal age.
If your order includes Goods subject to age restrictions, we use a reliable procedure involving personal identity and age verification to ensure that the Customer has reached the required minimum age. The delivery person will only hand over the Goods after the age verification has been completed and only to the Customer in person.
3. Conclusion of a Purchase Contract
The presentation of Products in the Online Shop does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to Customers to order the product in the Online Shop. Culebra LLC expressly reserves the right to change the Products themselves as well as the content, such as images, product range, prices, and descriptions of our Products, at any time and without prior notice. Illustrations, images, brochures, advertising, and other information relating to our Products are for informational purposes only and are not binding on Culebra LLC.
The Customer can place a binding order for the Products he/she/it has selected via our Online Shop. The Customer can place the Products he/she/it selects in the “shopping cart”. This does not yet constitute a binding order. An order is only considered binding once the Customer clicks on the “place order” button at the end of the order process on the order page. Before submitting the order, the Customer can change and view the details at any time, identify any input errors, and correct them before the order is finally and bindingly submitted.
An order confirmation will be sent to the Customer immediately and automatically by e-mail. This confirmation e-mail contains the details of your order and our GTC, which you accepted during the ordering process. The confirmation e-mail serves only as notification that we have received your order. The automatic order confirmation does not constitute a purchase contract. By submitting your order, you confirm that you have read and unconditionally agree to the GTC. We recommend that you print out the GTC for the purpose of your online order and for your records or save them on your computer.
After you have placed a binding order, Culebra LLC is free to accept the order at its own discretion or to reject it by sending a corresponding notification by e-mail and without assuming any liability towards you or third parties. Any payment already made will be refunded to you upon cancellation of the order. Reasons for rejecting an order may include, for example, if a product is no longer available, we do not receive authorization for payment from the Customer, or there is any reason to believe that the Customer is in breach of these GTC or an individual agreement.
Upon acceptance of the order, a binding purchase contract is concluded with the Customer. This acceptance is effected by the dispatch of the ordered Products.
Any commercial distribution or resale of our Products is strictly prohibited.
4. Availability and Reservation of Performance for Products that Cannot be Delivered
All information about the availability, shipping, and delivery of a product is preliminary and approximate. It does not constitute a binding or guaranteed shipping or delivery date. Liability for unavailable Products or for delays in shipping or delivery is expressly excluded.
Our Products are available as long as stocks last. If Culebra LLC determines during the processing of your order that the Products you have ordered are not available, we will inform you immediately. In this case, no contract for the unavailable Products will be concluded, as the ordered Products cannot be delivered.
Furthermore, we reserve the right to limit the number of items that can be purchased by a Customer. In this case, we will inform the Customer accordingly by e-mail.
5. Prices and Shipping Costs
Our Products and prices are as stated on the Website. All prices are in CHF (Swiss francs) and include the statutory value added tax (VAT) of 8.1%. The total price of your order, including all additional costs and shipping costs, will be displayed at the end of the ordering process.
By placing a binding order, you declare that you agree to the total price for the Products ordered. The price cannot be adjusted after the binding order has been placed.
Culebra LLC reserves the right to change prices unilaterally at any time and without prior notice. The Products will be charged based on the prices offered at the time the binding order is placed.
6. Terms of Payment/Credit Check
Orders are generally due for payment immediately. The Customer has the option of paying with the payment methods displayed on the Website or during the ordering process. These may change from time to time. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (e.g., to secure our credit risk). Culebra LLC is expressly authorized by the Customer to carry out credit checks at its own discretion and, if necessary, to pass on Customer data to third parties for this purpose.
By selecting the payment method, the Customer authorizes payment either by entering their credit card details or the access data of a payment service provider. The Customer authorizes Culebra LLC to collect or debit payments in the appropriate manner. In the event of chargebacks, Culebra LLC is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, Culebra LLC is not liable for any fees or other amounts that may be charged to you by the card issuer or your bank as a result of processing your payment in accordance with your order.
If you pay by credit card or an alternative payment method, we reserve the right to verify the validity of the card, check the availability parameters for collection and the address details, and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If payment is declined, Culebra LLC reserves the right to cancel the order and suspend shipment of the Products. In this case, we will contact you immediately.
7. Delivery Terms
Shipment of our Products is only possible to Switzerland and the Principality of Liechtenstein.
Delivery is generally made via the delivery service of Die Schweizerische Post AG. For deliveries to Switzerland and Liechtenstein, we charge a flat shipping fee of CHF 8.50 per order. Orders over CHF 80 are delivered free of charge. Culebra LLC reserves the right to deliver Products to the Customer in person instead of via Die Schweizerische Post AG or via a third party provider.
The Products ordered from our Online Shop that are in stock will be delivered to you within 1–2 business days of receipt of full payment, depending on the destination.
If the Products are marked as out of stock when you place your order, Culebra LLC will endeavor to deliver the Products as soon as possible. Culebra LLC makes every effort to adhere to the specified delivery times. However, Culebra LLC is not responsible for delivery delays, regardless of their causes. We will inform you immediately of any delivery delays.
If the impediment to performance lasts longer than 3 weeks after the original delivery date, the Customer is entitled to cancel its order. Further claims, in particular claims for damages, are excluded.
Upon shipment, the ordered Products will be deposited in the storage compartment or at the entrance to the house, without signature, as far as possible. Culebra LLC accepts no liability for lost shipments.
8. Retention of Title
Culebra LLC remains the owner of the delivered Products until they have been paid for in full.
9. Right of Revocation and Return
Culebra LLC grants the Customer a limited right of revocation and return within 14 days of receipt of the Products for purchases made via our Online Shop. This does not apply to Products with a reduced sales price or Goods in liquidation.
The Customer may withdraw from the contract within 14 days of receipt of the Goods by returning the Goods to us or notifying us of the withdrawal in writing (e.g., letter, e-mail). The 14-day return period begins on the day after receipt of the Goods and is deemed to have been observed if the Goods or the notice of withdrawal are handed over to Swiss Post or another transport company on the last day of the return period.
The prerequisite for exercising the right of revocation is that you return the Goods to us unused, complete, and intact, if possible in the original packaging. Furthermore, the Goods must have been stored correctly. The Goods, together with the completed return slip, must be returned to the following address: Culebra LLC, Heidenmösliweg 7, 8713 Uerikon, 079 128 90 10, cigars@culebra.ch.
The return of a product is at the expense and risk of the Customer.
If the Goods are returned correctly, we will refund the total price paid by the Customer, usually no later than 30 days from the date on which we receive the Goods. The refund will always be made to the account used for payment, unless expressly agreed otherwise with you.
10. Notice of Defects/Warranty
Culebra LLC warrants that the Goods correspond to the warranted characteristics and do not have any defects that impair their value or suitability for the intended use.
Upon receipt of the Products, the Customer must immediately check them for correctness, completeness, and any damage. Errors or damages must be reported to Culebra LLC within 3 business days. Defects that could not be discovered during a proper inspection and only become apparent later must be reported in writing immediately after their discovery. If you do not check the defect or report it immediately, the Goods shall be deemed approved, and you shall no longer be entitled to assert any claims against us or to exercise your limited right of revocation and return in accordance with these GTC.
The warranty period is one year from receipt of the Products. Products that have been damaged through the Buyer’s own fault are excluded from the warranty.
The Customer’s warranty claims are limited to replacement delivery or rectification of defects/repair, excluding all other claims, in particular reduction or compensation for indirect damages or consequential damages. Culebra LLC shall decide at its own discretion whether to provide a replacement delivery or repair. If the replacement delivery or repair fails, the Customer is entitled to withdraw from the contract in the event of significant defects.
To submit a complaint, please contact us at the following address with the order number, Customer number, a detailed description of the defect, and any other helpful information: Culebra LLC, Heidenmösliweg 7, 8713 Uerikon, 079 128 90 10, cigars@culebra.ch.
The defective Products must be returned to the above address of Culebra LLC with a copy of the invoice and a detailed description of the defect. The return of a product is at the expense and risk of the Customer. Please obtain confirmation of your return and keep this confirmation, as your warranty claim cannot be processed in the event of a package loss.
11. Registration for an Account
When registering a Customer account, you can manage and store your name and address details in particular. When you register for a Customer account, you are responsible for ensuring that the personal data required for registration is provided truthfully and completely. You are obliged to treat your personal access data confidentially and not to make it accessible to unauthorized third parties. For further information on data protection, please refer to our Privacy Policy.
Registration is free of charge. Each Customer is only entitled to maintain one Customer account. We reserve the right to delete multiple applications and to warn, block, or delete or change the content of registered Customers who violate these GTC or corresponding individual agreements. Culebra LLC is not obliged to accept the registration or order of a registered Customer.
12. Complaints and Grievances
We greatly value Customer satisfaction. You can contact us at any time using the contact information provided at the beginning. We will endeavor to review your inquiries and complaints as quickly as possible and will contact you after receiving the documents or your input or complaint. If you have any complaints and grievances, please help us by informing us of the exact problem or error messages and, if necessary, providing a copy of the order documents or at least the order number, Customer number, etc.
13. Liability
Culebra LLC shall be liable for any proven damage caused by its own breach of its obligations under these GTC, and the contractual relationships based thereon, which is caused by unlawful intent or gross negligence on its part. Liability for slight and moderate negligence as well as for indirect damages and consequential damages, whether based on a contract, tort or any other reason, is expressly excluded. Indirect damages include, for example, lost profits, financial losses, damage to reputation, or data loss due to temporary impairments or interruptions in the availability of Culebra LLC’s services. Furthermore, Culebra LLC accepts no contractual or non-contractual liability for damages caused by auxiliary persons who are called upon to provide the service.
The total liability of Culebra LLC, regardless of the reason and to the extent permitted by law, is limited to the price of the Goods ordered by the Customer from us.
In the event of circumstances beyond our control (force majeure), we shall not be liable or responsible for the non-fulfillment or delayed fulfillment of any obligations arising from these GTC and the contractual relationship based thereon. Circumstances beyond our control include, for example, the following: Strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, the failure of public or private communication networks or the inability to use rail, shipping, air, road or other means of public or private transport.
Should an event beyond our control occur that affects the fulfillment of our obligations under the contract, we will inform you as soon as possible.
14. Health Warnings
The Buyer confirms that he/she/it is aware of the risks and possible consequences of tobacco consumption and is familiar with the health warnings of the Federal Office of Public Health (FOPH) regarding tobacco consumption. These can be viewed on the relevant FOPH Website. Culebra LLC expressly rejects any responsibility and liability for damages to the Buyer’s health that may be related to the Products.
15. Data Protection
Culebra LLC collects and processes personal data only within the scope of the statutory provisions, in particular in compliance with the applicable data protection laws. The Buyer agrees that personal data may be disclosed to third parties for the purpose of sending the ordered Products. Furthermore, the Buyer agrees that personal data may be disclosed to third parties for the purpose of enforcing claims of Culebra LLC against the Buyer. The confidentiality of data transmitted by Culebra LLC to the Buyer via e-mail or the Internet cannot be guaranteed. Culebra LLC accepts no liability for the security of data transmitted in this way. Further information on the processing of your personal data, your rights, and related questions can be found in our Privacy Policy at https://culebracigars.ch/privacy-policy/, which forms an integral part of these GTC.
16. Copyright
The information and content published on the Website are protected by copyright and are the property of Culebra LLC or the respective rights holder. Reproduction, editing, distribution, or any other form of use require the prior written consent of us or the respective rights holder. Culebra LLC and the respective rights holder expressly reserve all rights in this regard.
17. Severability
Should any provision of these GTC be or become illegal, invalid, or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the provision and the intention of the parties at the time the contract was concluded. The same shall apply to any gaps in these GTC.
18. Applicable Law and Place of Jurisdiction
These GTC, the contractual relationships based thereon, and any disputes arising therefrom shall be governed exclusively by Swiss substantive law, excluding the conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the registered office of Culebra LLC or the Customer’s place of residence. For legal entities, the place of jurisdiction shall be exclusively the registered office of Culebra LLC.
Last updated: August 25, 2025
