1. Preamble
1.1 | General Terms
These general terms and conditions of sale constitute the complete agreement between the Parties designated below regarding transactions carried out on the website HABANO & ALMA.
1.2 | Definitions
The seller or the company refers to the company CLEAR MIST S.L.UNIPERSONAL
Tax ID (CIF): B93769388, whose registered office is located at Calle de Antonio López, 234, Puerta BJ – 28026 Madrid – Spain, specializing in the sale of cigars, tobacco products, accessories, and preservation products.
The buyer or the customer refers to any natural or legal person making a purchase through the website HABANO & ALMA of the seller. The buyer must be of legal age and legally capable of entering into contracts and using this website in accordance with these general terms and conditions of sale.
The order means a contractual commitment between the buyer and the seller, whereby the buyer agrees to purchase the products or services specified, in accordance with these general terms and conditions of sale. It is established when the buyer selects products or services on the seller’s website, completes the payment process, and the seller confirms receipt of this payment and accepts the order.
The website refers to the web portal operated by CLEAR MIST S.L.UNIPERSONAL, accessible primarily from this website. This online platform allows users to discover, learn about, and purchase products. It includes all web pages, interactive features, information, and services offered through this domain.
The products and services refer to all items and services available for sale on the website. This includes, without limitation, cigars, tobacco products, accessories, and storage products, as well as any other item that may be offered for sale by the company. The products are described and presented as accurately as possible on the specific pages of the website, including detailed information on key features, prices, availability, quantities, and technical specifications.
The business day means any day from Monday to Friday, excluding national or local public holidays.
2. Products and Services
2.1 | Product Range
Our site offers various products related to cigar consumption and preservation for sale, including but not limited to cigars, cigarillos, cigar boxes, as well as accessories such as cigar cutters, lighters, matches, and humidors.
2.2 | Availability Status
- In Stock : The products are available immediately for shipment.
- Available: These products will be made available within 1 to 2 business days in our main warehouse.
- Out of Stock : Product currently unavailable.
2.3 | Stock Management
We strive to keep our product availability information up to date. However, our suppliers' stock levels may vary, and a product you order may no longer be available. We regularly check our suppliers' stock to minimize any inconvenience.
If a product is unavailable, our customer service team will contact you promptly to offer a substitute product or an alternative.
2.4 | Product Information
The descriptions, technical specifications, and images of the products displayed on our site are provided for informational purposes only and have no contractual value. Although we strive to keep this information accurate and up to date, errors or omissions may occur. We do not guarantee the accuracy, reliability, or completeness of the information provided. Product images are also non-contractual and may differ from the actual product.
We disclaim any liability for inconvenience or damage resulting from the unavailability of a product, سواء in our stock or in that of our suppliers. We are committed to taking all reasonable measures to minimize inconvenience and provide satisfactory solutions to affected customers.
3. Prices
All prices for products and/or services displayed on our website are shown in € or EUR and, depending on the shipping destination, include or exclude applicable VAT at the current rate. These prices apply only to the products and/or services and do not include shipping, handling, and/or import taxes, which are calculated and added to the total order amount during the checkout process.
Products will be invoiced on the basis of the rates in force at the time the order is validated by the buyer, subject to product availability.
The company reserves the right to change product prices at any time without notice.
4. Order Process
4.1 | Product Search
To place an order, start by browsing our various product categories. Once you have found the desired product, select the quantity you want and then add it to your shopping cart. Please note that a minimum order amount of 200 €, excluding shipping costs, is required to complete your purchase.
Before proceeding to payment, you can review your cart to change quantities or remove items if needed. This step lets you check your order details, including unit prices, quantities, and the subtotal.
4.2 | Cart Review
When you're ready to make your purchase, click the "Proceed to Checkout" button. You will be prompted to enter your billing and shipping information, or to log in to your account if you already have one. You will also be able to choose your payment method from the available options.
Before finalizing your order, you must confirm that you have read and accepted these general terms and conditions of sale. A link to the full text of the GTC will be available for review. This acceptance is required to continue.
4.3 | Completing Your Purchase
Once you're ready to complete your purchase, click the "Place Order" button. You will be redirected to a secure, encrypted payment platform. On this platform, you will be prompted to enter your payment information according to the payment method you have chosen.
Most of our payment partners use the 3D Secure protocol, an additional identity verification step that helps prevent unauthorized use of your card. You may be asked to enter a security code sent by your bank or to complete another verification method to confirm that you are the legitimate cardholder for the card used for payment.
After identity verification via 3D Secure, the payment process continues with the bank authorization step. The bank checks that the necessary funds are available in your account and that the payment request is legitimate.
4.4 | Order Confirmation
After your payment has been validated, an order confirmation will be sent to you by email. This email will include an order summary, the total charged, and shipping information. This summary constitutes the seller's acceptance of the order and validates the sales contract between the parties, and the preparation and shipping process will begin. We may carry out additional checks to further secure transactions.
Once your order has shipped, you will receive a tracking number that will allow you to track the delivery progress on the carrier's website.
5. Payment
5.1 | Payment methods
We offer a variety of payment methods to make shopping on our site as convenient as possible. You can pay for your orders by credit card, including American Express, Diners Club, Maestro, Mastercard, and VISA. We also accept payments via PayPal, Union Pay, and bank transfer.
For credit card payments, the buyer agrees to use a card of which they are the lawful holder or for which they have obtained legal authorization to use. The buyer must provide accurate and complete card information, including the cardholder’s name, card number, expiration date, and CVV security code, as clearly shown on the card. Any payment made with incorrect or fraudulent information may be subject to cancellation and further investigation.
For bank transfer payments, the amount due must reach us within 5 business days after the order is placed. It is important to pay the exact amount. Any bank fees are solely the customer’s responsibility. If we do not receive payment within this period, the order will automatically be considered canceled.
5.2 | Transaction security
Our website uses the HTTPS (Hyper Text Transfer Protocol Secure) protocol for all communications between our users’ browsers and our website. This protocol secures data exchanged by encrypting it through SSL/TLS, thereby ensuring the confidentiality and integrity of our customers’ personal and payment information.
During the checkout process, the buyer is redirected to a secure platform operated by one of our trusted payment partners. This platform is equipped with state-of-the-art security technologies and complies with stringent international payment security standards, including PCI DSS (Payment Card Industry Data Security Standard).
5.3 | Additional checks and transaction validation
To ensure transaction security and protect both our customers and our business against fraud, we reserve the right to carry out additional checks on the information provided during payment. These checks may include, but are not limited to, validation of the personal and financial information provided. If necessary, we may contact you to request additional information in order to complete the validation of your order.
Orders will only be finalized and shipped after all necessary checks have been successfully completed. If the information provided cannot be satisfactorily verified, we reserve the right to refuse or cancel the order.
5.4 | Consent and Cooperation
By placing an order on our site, the buyer expressly consents to these potential checks and agrees to fully cooperate, if necessary, to complete the order verification process.
Information relating to the buyer’s orders, including but not limited to personal and financial data, may be shared with third parties specialized in online transaction verification and analysis.
5.5 | Order Cancellation Reservation
We reserve the right to cancel an order for various reasons, at our discretion. These reasons may include, but are not limited to, stock availability issues, errors in the prices displayed on our site, disputes arising from previous transactions, or concerns related to transaction security.
In the event that your order is canceled, you will be notified by email and/or phone. We will issue a full refund of the amount paid, using, where possible, the same payment method used at the time of purchase. This refund will be processed within a reasonable period, generally 3 to 10 business days after the cancellation notice.
Where we cancel an order, the buyer is refunded the full amount paid, including the original delivery charges. No administrative fee, handling charge or other deduction is applied.
6. Changes, Cancellation, and Refunds
6.1 | Procedure
If the buyer wishes to modify or cancel an order after receiving confirmation, they must contact our customer service without delay. To do so, please write to us without delay via our contact form. Only written requests will be considered for the modification or cancellation of an order.
6.2 | Right to Modify
The buyer may request changes to certain details of the order after receiving confirmation, provided that the order has not yet entered the shipping process. The only details that may be changed are the shipping address and the shipping method.
The customer may also request a change to the number of packages desired for shipment of their order. Additional fees will apply depending on the number of packages and the final destination.
However, it is not possible to change the quantity of products, replace the products themselves, or add other products to the order.
6.3 | Right of Cancellation
The buyer may cancel their order at any time before it is dispatched, by writing to us through the channel indicated in Article 6.1. For the cancellation to be processed, the request must come from the email address associated with the account holder and must state the order number.
Cancelling an order before dispatch is free of charge. No cancellation fee, administrative fee or handling charge is applied or deducted, whatever the value of the order. The full amount paid, including the original delivery charges, is refunded.
Once the order has been dispatched it can no longer be cancelled under this article. The buyer may then exercise the right of withdrawal described in Article 9.4 or request a return under Article 8.
6.4 | Refund Policy
If you cancel your order, we will confirm the cancellation by email and refund the full amount paid, including the original delivery charges. No fee is deducted.
Where possible, the refund will be made using the same payment method used for the initial purchase. We refund without undue delay and in any event within 14 calendar days of being informed of the cancellation. Where the refund follows a withdrawal under Article 9.4, we may withhold reimbursement until we have received the goods back or until you have supplied proof of having sent them, whichever is the earlier.
The actual time it takes for the refund to appear in your account may vary and depends on processing by the relevant banking institutions.
6.5 | Applicable Restrictions
We reserve the right to refuse a request for modification or cancellation if the order has already been processed or is being prepared for shipment. Once an order reaches this stage, it is considered final and cannot be modified or cancelled.
These restrictions concern only requests to modify or cancel an order before dispatch. They do not affect the buyer's statutory right of withdrawal under Article 9.4, nor the legal guarantee of conformity under Articles 9.1 and 9.2, both of which apply after the order has been dispatched and delivered.
7. Shipping and Parcel Returns
7.1 | Shipping Terms
All orders placed on our website are processed under the EXW (Ex Works) Incoterm. This means that the seller’s responsibility is limited to making the products available at our premises.
However, we facilitate the shipping process for our customers.
Responsibility for the products is transferred from the seller to the buyer not at the time they are made available at our premises, but rather when the products leave our warehouse. From that point on, the buyer assumes all risks and costs associated with transporting the products to their final destination, including but not limited to loss of or damage to the products, customs formalities, and payment of taxes and customs duties.
Depending on the destination country, shipping may be handled directly by our company or by a third-party company in Spain that will take care of shipping your order.
Once the order has been shipped, the buyer will receive an email notification with tracking details enabling them to follow the parcel’s journey until delivery. It is the customer’s responsibility to take all necessary steps with the appointed carrier to resolve any dispute related to delivery. The company undertakes to provide assistance, where possible, to facilitate this process.
7.2 | Shipping Methods
We offer a variety of shipping methods tailored to our customers’ needs and preferences. The available options are:
- In-store pickup: ordered products will be made available in our store within 5 business days of order confirmation. The customer will be contacted to inform them that the products are available and will have 10 business days to collect their order. After this period, storage fees may be charged to keep the order in store.
- International shipping: the order is entrusted to an external shipping company that selects the most suitable carrier depending on the destination country.
- International Priority (EMS): the order is entrusted to the Spanish postal carrier for shipping within Spain as well as internationally. In some cases, the order may be sent by registered mail.
- DHL (DAP, Delivery At Place): the order is entrusted to the private carrier DHL. Import taxes and other customs duties are payable by the customer upon receipt.
- DHL (DDP, Delivery Duty Paid): this method also uses DHL, but in this case our company covers all customs duties and import taxes. These costs must be paid in advance by the customer when placing the order.
7.3 | Shipping Times and Fees
- Spain and Andorra: 1 to 3 business days
- Rest of the world: 3 to 12 business days
Shipping is free for Spain and Andorra.
For international orders, shipping or handling fees are calculated automatically during checkout and depend on the destination, the number of products, and/or the weight of the products in the cart at the time of checkout.
The shipping times indicated are estimates and may change due to a non-exhaustive range of external factors, such as delivery delays from our suppliers or logistical disruptions.
7.4 | Specialized Inspection and Conditioning
We place particular emphasis on the quality and preservation of our products. As soon as they arrive at our warehouse, all items undergo a thorough inspection to ensure they are in impeccable condition. Our facilities are equipped with state-of-the-art technology to strictly control temperature and humidity, thereby maintaining the ideal conditions for cigar preservation.
Each product undergoes an additional inspection before shipment, underscoring our commitment to maintaining exceptional quality. To maximize protection during transit, we use a specialized airtight package for our cigar boxes, helping preserve the optimal humidity essential to their condition.
We offer the option of adding a Boveda sachet to your order for an additional € 2 per product. This option is available during checkout and provides better humidity control, helping to maintain the optimal quality of your products during transit.
7.5 | Returned Parcels
In cases where a parcel is returned to our warehouse for reasons such as an undeliverable address, refusal to pay import taxes, or any other similar reason, the parcel will be sent back to the company that shipped the order. Please note that each order must be reshipped at least once.
To reship a parcel that has been returned, the following charges will apply:
- Return fee: € 30 for the carrier to return the parcel.
- Repackaging fee: € 20 to inspect and prepare the parcel for shipment again.
- Change of destination: any change of destination country may result in additional VAT charges, equivalent to the rate of VAT applicable in the destination country.
The parcel can be reshipped up to 3 months after the date it was received. If this period is exceeded, or if the customer does not respond after at least three contact attempts via the means available to us (email, phone, WeChat, WhatsApp, etc.), we will automatically return the goods to stock and no refund will be issued.
7.6 | Refund
A refund for a returned parcel is contingent upon the parcel being received at the premises of the shipping company. Upon receipt, the logistics team will carry out a thorough inspection of the parcel to verify the condition of the products. The customer will be contacted by email and/or phone to be informed that the parcel has been received and inspected.
The customer is responsible for all costs associated with returning the parcel, including shipping and repackaging fees, as well as any damage or missing products. These costs will be taken into account when calculating the refund.
Where the parcel could not be delivered for a reason attributable to the buyer, only the return and repackaging charges set out in Article 7.5 are deducted from the amount to be refunded. No cancellation fee is applied. Where the failed delivery is attributable to us or to the carrier, the full amount paid, including the original delivery charges, is refunded. Whenever possible, the refund will be issued using the same payment method used for the original purchase.
Once the parcel has been inspected and all fees deducted, the net amount will be refunded to the customer. The customer will be notified by email of the refund amount and the deductions applied. The refund will be processed within a reasonable time, usually within 5 to 10 business days.
8. Returns and Claims
8.1 | General Terms
Our products are covered by the legal guarantee of conformity laid down in Articles 114 and following of the Spanish Consumer Protection Act (Royal Legislative Decree 1/2007 — TRLGDCU). The seller is liable for any lack of conformity that becomes apparent within three (3) years of delivery of the goods.
We ask customers to tell us about a problem as soon as they notice it, because it allows us to handle the case quickly. A delay in notifying us does not, however, cause the buyer to lose this right: there is no two-business-day deadline, and any notification given within the three-year statutory period is valid.
Please contact our customer service before sending anything back, so that we can issue a return authorisation and, where the return is at our expense, send you a prepaid label.
Returns are accepted at our expense in particular in the following cases:
- Incomplete order: the customer receives an order in which some items specified in the original order are missing.
- Incorrect item: the delivered product is not the one that was ordered.
- Lack of conformity: the product does not match its description, or is not fit for the use normally expected of goods of the same type.
- Damage occurring in transit.
In those cases we cover all costs associated with returning and reshipping the parcel. No additional charge is imposed on the customer.
Outside the legal guarantee of conformity and the right of withdrawal set out in Article 9.4, and for reasons of integrity, hygiene and safety, we are unable to accept the return of:
- Personalised products: goods made to the customer's specifications or clearly personalised, such as bespoke cigar selections or engraved items (Article 103.c TRLGDCU).
- Sealed goods that were unsealed after delivery and which, for health-protection or hygiene reasons, are not suitable for return (Article 103.e TRLGDCU). The three conditions must be met together. A box of cigars that is still sealed and intact does not fall within this exception and may be returned.
8.2 | Return Procedure
For your return request to be considered, please follow the steps below carefully:
- Take photos of the products indoors and of each product from every angle, without removing the protective film or any outer packaging. The products must remain in their original condition as received.
- Send all photos and a clear description of the issue encountered to customer service by email. The customer must make sure to include their order number and write from the email address used when placing the order.
- If the return is authorised, the customer sends the products back to the address provided by the seller, using a tracked shipping service, and passes the tracking information to the seller once shipped. Where the return concerns a lack of conformity, an incomplete or incorrect delivery, or damage in transit, we bear the cost and the risk of the return shipment and provide a prepaid label. Where the return follows the exercise of the right of withdrawal under Article 9.4, the buyer bears the direct cost of returning the goods.
8.3 | Claims
If you wish to make a claim regarding a parcel you have received, contact our customer service with your order number and a description of the problem.
Photographs of the parcel and of the products as received — or, if you happen to have one, a video of the parcel being opened — help us assess the claim and settle it faster. Such evidence is recommended, not required. A claim will not be refused because you did not film the opening of the parcel, and we impose no particular format, length or continuity of recording. Every claim is assessed on the basis of the evidence you are reasonably able to provide, together with the carrier's tracking and delivery records.
Where you are able to document the delivery, the most useful elements are:
- The outside of the parcel from all sides, showing the condition of the seals and of the outer packaging.
- The shipping documents accompanying the parcel.
- The inside of the parcel before the products are handled, so that their original arrangement remains visible.
- Each product as received, including the authenticity seals, before any seal is broken.
Our customer service team will review your case and reply within a reasonable time, generally 5 business days after receiving the information available to you.
9. Warranties and responsibilities
9.1 | Product warranty
The company is committed to offering premium product quality. Each box of Cuban cigars comes with the following elements:
- Republica de Cuba guarantee seal: this green seal is present on all Cuban cigar packaging. It features a unique serial number and visible and invisible security codes.
- Protected Designation of Origin (Habanos D.O.P.): a self-adhesive label affixed to each box certifies the authenticity and origin of the cigars. Inside the box is a certificate of originality.
- Markings on the underside of the boxes: authentic Cuban cigar boxes bear the inscriptions 'Habanos S.A', 'Hecho en Cuba' (Made in Cuba), 'Totalmente a mano' (Completely handmade), as well as a factory code and the box date. These inscriptions are engraved or stamped on the bottom of the box.
9.2 | Compliance Guarantee
The seller guarantees that all products are inspected and packed in accordance with the highest standards and are free from defects. On delivery, we recommend that the customer inspect the products promptly and report any visible defect or missing item as soon as possible, with photographs where available.
Reporting promptly helps us resolve the matter quickly, but it is not a condition of the legal guarantee. Under Article 120 TRLGDCU the seller is liable for any lack of conformity that becomes apparent within three (3) years of delivery, and under Article 121 TRLGDCU a lack of conformity that becomes apparent within the first two (2) years is presumed to have existed at the time of delivery unless the contrary is proved.
9.3 | Limitations of Liability
Defects or deterioration resulting from improper storage or preservation after shipment, such as exposure to heat sources or unsuitable humidity conditions, are not covered by our guarantee.
The company accepts no liability if the products are resold outside Spain, or if the buyer fails to comply with the local laws of the destination country. It is the buyer's responsibility to ensure that the importation and use of the ordered products are permitted in their country.
9.4 | Right of Withdrawal
If you are a consumer, you have the right to withdraw from your purchase within 14 calendar days without giving any reason and without penalty, in accordance with Articles 102 and following of the Spanish Consumer Protection Act (Royal Legislative Decree 1/2007 — TRLGDCU).
The withdrawal period expires 14 calendar days from the day on which you, or a third party indicated by you other than the carrier, acquire physical possession of the goods. Where an order is delivered in several parcels, the period runs from receipt of the last item.
To exercise this right, inform us of your decision by an unequivocal statement before the period expires: an email to admin@habanoalma.com or a message through our contact form, quoting your order number, is sufficient. You may use the model withdrawal form set out in Annex B of the TRLGDCU, but you are not required to. It is enough that your statement is sent before the deadline expires.
We will reimburse all payments received from you, including the original delivery charges (except for any additional costs arising from your choice of a delivery method other than the least expensive standard option we offer), without undue delay and in any event within 14 calendar days of being informed of your decision. We may withhold reimbursement until we have received the goods back, or until you have supplied proof of having sent them back, whichever is the earlier. The reimbursement is made using the same means of payment you used for the initial transaction, at no cost to you.
You must send the goods back without undue delay and in any event within 14 calendar days of communicating your withdrawal. You bear the direct cost of returning the goods. You are liable only for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning.
Statutory exceptions. The right of withdrawal does not apply to the contracts listed in Article 103 TRLGDCU. Tobacco products are not excluded as such. In our range, only two exceptions can realistically apply:
- goods made to the consumer's specifications or clearly personalised (Article 103.c) — for example bespoke cigar selections or engraved items;
- sealed goods which are not suitable for return for health-protection or hygiene reasons and which were unsealed after delivery (Article 103.e). The three conditions must be met together: the item was sealed, the seal was broken after delivery, and return is unsuitable on health or hygiene grounds. A box of cigars that is still sealed and intact is not covered by this exception and may be returned.
Any clause purporting to make the consumer waive the right of withdrawal, or to impose a penalty for exercising it, is null and void by operation of law (Article 102.2 TRLGDCU).
10. Personal Data Protection Policy
10.1 | Collection of personal data
The company undertakes to collect only the data strictly necessary to provide its services. The information collected may include, but is not limited to, name, postal address, email address, phone number, and payment information. This data is collected when you make purchases, sign up for our newsletter, or take part in our promotions.
10.2 | Use of personal data
The personal data collected is used for the following purposes:
- Processing and managing your orders.
- Communicating with you regarding your orders or other requests.
- Improving our services and offerings.
- Sending commercial and promotional information only if you have consented to receive it.
10.3 | Data storage and security
We store personal data in secure systems, accessible only by a limited number of authorized people. We take all necessary technical and organizational measures to protect your data against loss, theft, unauthorized access, disclosure, copying, use, or alteration.
10.4 | Sharing data with third parties
The company only shares your personal data with third parties in the following cases:
- Service providers and business partners for the delivery of requested services (for example, logistics companies for order delivery).
- If required by law, for example, in response to a request from judicial authorities.
10.5 | User rights
In accordance with Spanish law, you have the following rights regarding your personal data:
- Right of access: You may request at any time which personal data we hold about you.
- Right to rectification: You have the right to request the correction of inaccurate or incomplete data.
- Right to erasure: Under certain conditions, you may request the deletion of your personal data.
- Right to restriction of processing: You may request that the processing of your personal data be limited.
- Right to object: You may object to the use of your data for direct marketing purposes.
10.6 | Data retention
Personal data is retained for as long as necessary to fulfill the purposes for which it was collected, or to comply with our legal obligations.
10.7 | Changes to the data protection policy
The Company reserves the right to amend this data protection policy at any time. Any changes will take effect as soon as they are published on our website.
If you have any questions or concerns regarding our data protection policy, please contact our customer service via our contact form.
11. Intellectual property
All content on our website, including but not limited to text, graphics, logos, images, video clips, digital downloads, data compilations, and software, is the property of CLEAR MIST S.L.UNIPERSONAL or its content suppliers and is protected by national and international intellectual property laws.
The buyer is authorized to use the website content for personal and non-commercial purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content without the prior written authorization of CLEAR MIST S.L.UNIPERSONAL is strictly prohibited.
Any infringement of intellectual property rights may result in civil or criminal proceedings.
12. Governing law and competent courts
The contract governed by these General Terms and Conditions, the General Terms and Conditions, and all subsequent orders shall be governed by Spanish law.
Subject to any other mandatory jurisdiction provided for contracts concluded with consumers, all disputes, disagreements, or claims arising out of or relating to the Contract and these General Terms and Conditions shall be settled by the competent courts in Madrid.
13. Revision of the General Terms and Conditions of Sale (GTCS)
The Company reserves the right to amend these General Terms and Conditions of Sale (GTCS) at any time. Any such changes will take effect as soon as they are published on our website. It is the buyer's responsibility to review the GTCS regularly in order to stay informed of any changes.
14. Contact and customer service
Store address: HABANO & ALMA, Calle de Antonio López, 234, Puerta BJ, 28026 Madrid (España), Spain
Store hours: Monday to Friday from 10:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 7:00 p.m.; Saturday from 9:30 a.m. to 1:00 p.m. and from 2:00 p.m. to 6:30 p.m.
Store phone: +34 613 93 90 38
Store email: Contact form
After-sales service hours: Monday to Friday from 9:00 a.m. to 5:00 p.m.
After-sales service phone: +34 613 93 90 38
After-sales service email: Contact form