Buying Agency Terms

HitCubans · Version 2.0 · Effective 9 November 2026

1. About these Terms and about us

1.1 These Terms govern every order you place through this website. By placing an order you enter into a service contract with , a company incorporated in Hong Kong (registered office: Flat 5, 4/F, , , Central, Hong Kong), which operates this website under the HitCubans name (“we”, “us”, “our”). Contact: [email protected].

1.2 Please read these Terms before you order. The Buying Agency Authorisation you give at checkout is part of this contract. We keep a record of the version you accepted.

2. Our role: a buying agent, not a seller

2.1 We do not sell tobacco products. We act as your buying agent. On your instruction we arrange the purchase of the goods you have chosen, on your behalf and in your name, from a seller in the country of origin, and we arrange their packing and international postal carriage to you.

2.2 The sale of the goods is between you and the seller (clause 5). We never own the goods, we never hold them as stock, and we add nothing to the seller’s price. Our only remuneration is the Buying Agency Service Fee described in clause 6.

2.3 You are the buyer and the importer of the goods. Customs declarations are made in your name as approved by you on the checkout page (clause 10), and any import duties, taxes, and carrier charges that may arise in your country are payable by you (clause 11).

2.4 We use fulfilment partners and representatives in the origin countries to carry out your instruction (purchase, packing, dispatch). They act as our sub-agents for your order and never for their own account. Depending on the store, the seller of the goods is either an independent licensed tobacco supplier that also acts as our fulfilment partner, or a licensed local retailer from whom our fulfilment partner purchases on your behalf. The seller is identified on the documents issued with your order.

3. Who may order

3.1 You must be at least 18 years old, or the minimum legal age for buying tobacco in your country if that is higher, and you must be ordering for your own personal use. We may ask for proof of age and identity and may refuse or cancel an order if it is not provided.

3.2 You are responsible for knowing whether the goods may lawfully be imported into your country for personal use and in the quantities you order. Each store ships only to the countries available for it at checkout (clause 11.3).

3.3 Goods purchased on your behalf are for your personal use and must not be resold, except where we resell returned goods on your behalf under clause 12.5.

4. Your order is a procurement instruction

4.1 Appointment. By ticking the Buying Agency Authorisation and placing your order, you appoint us as your agent to (a) purchase the goods listed in your order on your behalf and in your name from the seller in the origin country, up to the authorised goods amount fixed in the origin currency at checkout; (b) use fulfilment partners and representatives as sub-agents for that purpose; (c) arrange packing and international carriage in your name; and (d) make the customs declaration in your name as set out in clause 10.

4.2 When the contract starts and when we start work. Our service contract starts when you place the order. At checkout you expressly ask us to start performing the service as soon as your payment is confirmed. Your procurement instruction is issued to the fulfilment partner automatically at the moment your payment is confirmed, and the partner begins processing your order from that moment. The time of issue is recorded with your order.

4.3 Before you pay. Until your payment is received, nothing has started: you may cancel at any time at no cost. We send you a payment reminder each day for three days; an order that remains unpaid 96 hours after it was placed is cancelled automatically.

4.4 After payment, before the goods are purchased. Because you asked us to start immediately and your instruction has been issued, the service has already been partly performed (order and payment processing, partner coordination). If you cancel at this stage we will stop the purchase where we still can, and we refund everything you paid less the Procurement Initiation Charge of €10, which is the fixed price of the work already done. No other amount is deducted. The refund is made by the same payment method within 14 days. If you cancel after payment but before your instruction has been issued (for example while a payment made through a payment provider is still being verified), we refund everything you paid in full.

4.5 After the goods are purchased on your behalf. The service has been performed and your right to cancel ends; the goods are yours and clauses 12 to 15 apply.

4.6 Changes. You can change the shipping address or items only before your payment is confirmed. After that, a change is treated as a cancellation under clause 4.4. After the goods have been purchased and before dispatch we pass a new address to the fulfilment partner where it is still possible, at no charge; after dispatch, clause 12 (reshipment) applies.

4.7 Payment short of the order total. If the amount we receive is less than the order total, (a) a small difference, up to the lower of €5 and a percentage of the order total set for each store (never more than 5%), is borne by us and deducted from our Buying Agency Service Fee; (b) if the difference is larger, we record your payment as a partial payment and tell you the balance due. Your instruction is not issued, and nothing is purchased, until the full amount has been received. If the balance is not received within 72 hours of our notice, the order is cancelled and the amount received is refunded in full by the same payment method within 14 days.

5. The seller of the goods

5.1 Each “Store” on this website (for example the JP Store) is the selection of products purchased on your behalf in that country and dispatched from there by our fulfilment partner; a store is not a seller and not the sender of your parcel. The seller depends on the store you order from. The seller’s price is the Goods Procurement Cost shown in your order; we add nothing to it. The seller is identified on the documents issued with your order.

Store	Seller of the goods	Who purchases on your behalf and dispatches
JP Store	A licensed tobacco retailer (retail receipt retained in our records)	Our authorised procurement representative
ID Store	A licensed tobacco retailer (retail receipt retained)	Our independent fulfilment partner
RS Store	An independent licensed tobacco supplier, named on the invoice enclosed in your parcel	The same supplier, as our fulfilment partner
MY Store	An independent licensed tobacco supplier, named on the invoice issued with your order	The same supplier, as our fulfilment partner
KR Store (not yet accepting orders)	A licensed tobacco retailer	Our independent fulfilment partner
EU Store (not yet accepting orders)	A licensed tobacco retailer	Our independent fulfilment partner

5.2 Where the goods are purchased from a retailer, purchases for several customers may be made in one transaction. The cost of your goods is allocated to your order by quantity × the actual unit price paid; any bulk discount is allocated pro rata. You may ask for a Procurement Statement (clause 9).

6. Prices and our fee

6.1 The price shown for each item already includes (a) the goods price charged by the seller (Goods Procurement Cost), (b) a share of the fulfilment partner’s fee (Fulfilment Handling Fee) and (c) our Buying Agency Service Fee. Nothing is added at checkout except international postage, any Shipping Protection you choose and, for the RS Store, the seller’s Export Processing Fee, each shown as a separate line.

6.2 Our fee is set by us per item and is included in the item price. Before you place your order, at checkout and in your basket, your subtotal is shown split into Goods Procurement Cost (in the origin currency, with its equivalent in your display currency), the Fulfilment Handling Fee and our Buying Agency Service Fee, so you always see what the goods cost and what you pay us. The same breakdown appears in your order confirmation and in your account.

6.3 Our Buying Agency Service Fee covers organising the purchase and the fulfilment partners, keeping procurement records and statements, the exchange-rate risk on the goods amount (clause 8), small cost variances and customer support. It is earned when the goods have been purchased on your behalf and is not refundable after that.

6.4 Minimum order. The product subtotal of an order (after any coupon, before postage and separate fees) must be at least €40 or its equivalent in your display currency.

6.5 Prices shown in a currency other than euro are converted at our displayed rate; the euro amount is the contractual amount.

7. Payment and how we apply it

7.1 You may pay by bank transfer, UnionPay or any other payment method offered at checkout. Payment instructions are shown after you place your order. Your order is held until payment is received; we send a reminder each day for three days, and an order that remains unpaid 96 hours after it was placed is cancelled automatically (clause 4.3).

7.2 The total you pay is your subtotal (Goods Procurement Cost + Fulfilment Handling Fee + Buying Agency Service Fee) plus international postage and any Shipping Protection or Export Processing Fee shown separately.

7.3 We apply the Goods Procurement Cost, the Fulfilment Handling Fee, the postage and any Export Processing Fee on your behalf, as your agent, to pay the seller, the fulfilment partner and the carrier. These are disbursements made for you; our fee is our only remuneration.

8. Fixed goods amount, exchange rates and variances

8.1 The Goods Procurement Cost is fixed in the origin currency at checkout; that amount is what you authorise us to spend on the goods. The euro or display-currency equivalent is calculated at the rate fixed at checkout. We bear the exchange-rate risk on the goods amount; it is covered by our fee.

8.2 If the seller’s actual price is lower than the authorised amount, the difference is credited to your account as store credit. If it is higher, we either cover the increase ourselves or, where it is more than we are prepared to cover, ask for your consent before purchasing; you may then cancel the affected item free of charge. You never pay more than the authorised amount without your consent.

8.3 If an item is unavailable, we tell you and you may choose a replacement or a refund of everything paid for that item (including its share of our fee, because the service for that item was not performed).

9. Records and Procurement Statements

9.1 For every order we keep the chain: your instruction → purchase (receipt or seller’s invoice) → allocation to your order → packing → customs declaration → postal receipt and tracking.

9.2 You may request a Procurement Statement for your order showing the goods purchased on your behalf, the actual allocated cost, the seller or retailer, the dates, the carriage and the fees. Where the purchase was part of a consolidated retail transaction, the statement shows your allocated portion; the original receipt also contains other customers’ purchases and is retained in our compliance records. We disclose underlying records to courts, regulators and customs authorities where required by law.

10. Packing, dispatch and the customs declaration

10.1 The fulfilment partner packs your goods and hands them to the postal carrier shown at checkout, as the sender, on your behalf.

10.2 The customs declaration is prepared and submitted in your name, as the importer, based on the approval you provide on the checkout page. The declaration includes the category of item, detailed description of contents, quantity, weight, and declared value, with the declared value corresponding to the Goods Procurement Cost. Our Buying Agency Service Fee is a buying commission and is not part of the value of the goods. We do not describe or declare the goods as gifts, samples, or documents in the Detailed Description of Contents field, and we will not do so at your request.

10.3 You confirm the declaration at checkout. If you give us incorrect information (for example a wrong address or recipient), the consequences are yours.

10.4 Completion of our service. Our service for an order is completed when the fulfilment partner hands the parcel to the postal carrier with tracking (clause 10.1). From then on the goods travel at your risk (clause 14.1), and customs charges in the destination country, transit, delivery, return to sender, seizure and loss are governed by clauses 11 to 13.

11. Transit, arrival and import charges

11.1 Transit and arrival times shown on the website are estimates based on the postal operators’ published service levels and are not guaranteed. Shipments are international postal consignments; their transit, customs processing and arrival depend on the postal operators and the authorities in the origin and destination countries, not on us. Tracking is provided for every shipment so that you can follow it.

11.2 Import charges. As the importer, any customs duty, excise duty, VAT/GST or carrier handling fee that may apply in your country is payable by you. If your carrier or customs authority asks you to pay such charges and they are not paid within the applicable deadline, the parcel may be returned to the sender, in which case Clause 12 applies.

11.3 Where we ship. Each store ships only to the countries available for it at checkout, which depend on the postal services and import rules of the origin and destination countries and may change from time to time. We do not accept an order for shipment to a country that is not available for the store you order from.

12. Parcels returned to the sender

12.1 Your goods, your parcel. The goods are yours from the moment they are purchased on your behalf. You are responsible for following the tracking of your parcel and for responding to your carrier and customs authority. Where our systems detect that a parcel is being returned to the sender, we may also notify you, but this does not replace your own responsibility.

12.2 What happens to a returned parcel. A parcel returned to the sender (for example because import charges were not paid, the parcel was refused by the recipient, the address you gave was incomplete, or customs returned it) is received and held for you by our fulfilment partner in the origin country as your property. The seller does not take goods back for a refund. Within the period stated in our notice, which is at least 30 days, you choose reshipment (clause 12.4) or resale on your behalf (clause 12.5); if you do not choose, the goods are resold on your behalf under clause 12.5. Reshipment is available for a limited number of returns (clause 12.4); once the last available reshipment has been used, a parcel that is returned again is resold on your behalf under clause 12.5.

12.3 Re-import charges in the origin country. The customs authority of the origin country may charge duties or taxes before releasing a returned parcel (for example, Japanese customs may charge tobacco tax on tobacco products re-entering Japan). The amount is set by the authority, not by us. When this happens we notify you with the customs assessment, and you choose, within the period allowed by the customs authority (normally 7 days from our notice):
(a) you pay the charges: we release the parcel on receipt of your payment and send you the customs assessment and our proof of payment; the goods are then held for reshipment (clause 12.4) or resale (clause 12.5); or
(b) abandonment: if you decline to pay, or do not respond within the period, the parcel is not collected and is abandoned to the customs authority of the origin country, which disposes of it. No credit arises and no amount is refunded. If you pay the re-import charges after the parcel has been abandoned, we release it only if the customs authority still holds it; if it has already been disposed of, we refund that payment to the account you paid from.

12.4 Reshipment. You may ask us to reship the goods to the same or another address. You pay the new postage, the Fulfilment Handling Fee for the new dispatch and any re-import charges under clause 12.3 before dispatch. The goods are reshipped in the condition in which they were returned; where they have been damaged in transit, they are reshipped as they are, because they are your property. Cancelling a reshipment. Until the reshipped parcel is handed to the postal carrier you may cancel the reshipment. If you have paid for it, we refund the postage and the Fulfilment Handling Fee in full by the same payment method within 14 days; no Procurement Initiation Charge applies, because no goods are purchased. A reshipment that is not paid within 96 hours is cancelled automatically. In either case your returned goods stay held for you and you may choose again between reshipment and resale on your order page until the deadline for your choice; without a choice, the goods are resold on your behalf (clause 12.5). Once the reshipped parcel has been dispatched, the reshipment can no longer be cancelled.

Number of reshipments. We reship the goods of an order at most twice. If the second reshipped parcel is also returned to the sender, no further reshipment is offered: the goods are held for you and resold on your behalf under clause 12.5, unless you arrange collection under clause 12.6. A return caused by our error (clause 12.8) does not count towards this limit.

12.5 Resale on your behalf. By accepting these Terms you authorise us, without further request, to resell returned goods on your behalf to another customer who orders the same product. Where the seller of the goods is also our fulfilment partner (RS Store and MY Store, clause 5.1), the resale is completed when that supplier takes the goods back into its stock at the Goods Procurement Cost; this is the form the resale takes, not a return for a refund. When such a resale is completed, you receive, as you choose, (a) store credit equal to the Goods Procurement Cost, or (b) a refund of the Goods Procurement Cost less a Refund Transfer Charge of €10, paid by the payment method you used where that provider supports refunds and otherwise by bank transfer, within 14 days of the resale. The Refund Transfer Charge is a fixed charge for processing a refund to your payment method, including the bank and payment-provider fees involved; it is the same for every refund and is not itemised per transaction. If you chose Shipping Protection, its premium is added to the store credit or the refund. If you have not chosen, store credit applies; you may ask for the refund instead until the store credit is used. Nothing is credited or refunded until a resale has actually taken place. Goods that cannot be resold because of their condition are not credited or refunded.

12.6 Unsold goods. Goods that remain unsold six months after their return may be disposed of; you will be told at least 14 days before disposal. Until then you may ask for reshipment under clause 12.4 if a reshipment is still available for your order.

Collection by your own carrier. At any time while the goods are held for you, instead of reshipment or resale you may arrange, at your own cost and risk, for a carrier instructed by you to collect the goods from our fulfilment partner, where the law of the origin country allows it and our fulfilment partner is able to hand them over; we give you the collection address and the goods are handed to your carrier. Export and import formalities for such a collection are your responsibility.

12.7 What is not refunded. Our Buying Agency Service Fee, the original postage, the Fulfilment Handling Fee and any payment-provider or bank fees are not refunded on a returned parcel, because the service was performed. If you chose Shipping Protection, it stays with your goods: a reshipment to a country for which Shipping Protection is offered is covered by the same Shipping Protection without a new premium. If you ask for reshipment to a country for which Shipping Protection is not offered, the reshipment travels without it and the premium is credited to your account as store credit when the parcel is dispatched. On a resale the premium is added to your store credit or refund (clause 12.5).

12.8 Our error. If the return results from our error (wrong address entered by us, wrong declaration, shipment to a country we do not serve), we reship at our cost or refund everything you paid, at your choice.

13. Customs seizure, loss and Shipping Protection

Our service is completed at dispatch (clause 10.4). This clause sets out what happens if, after dispatch, your parcel is seized by customs or lost, and what Shipping Protection covers.

13.1 Seizure by customs. If the customs authority of the destination country seizes or destroys the goods, they are not returned. Any appeal or request for release is a matter between you, as the importer, and that authority; please contact it using the reference on its notice. The loss of seized goods is yours unless you have Shipping Protection.

13.2 Loss. A parcel may be lost (a) in transit, after it was handed to the postal carrier in the origin country and before it reached the destination country; or (b) in the destination country, after the postal operator or customs of the destination country recorded its arrival, if tracking then shows no further progress. The goods travel at your risk (clause 10.4). Shipments containing tobacco are not accepted as insured items, and postal operators in the origin countries do not open international enquiries or pay compensation for them. In either case any enquiry must be made by you, as the recipient, with the postal operator of the destination country. That postal operator may tell you that only the sender can open an enquiry. Please note that, for these shipments, neither we nor our fulfilment partners can open an enquiry or claim compensation in the origin country, and no postal compensation is available. We provide the dispatch receipt and tracking history with our email when the parcel is treated as lost, and again on request; you can also follow the tracking on your order page. Loss is covered only by Shipping Protection; for details, please see clause 13.4.

13.3 Undelivered parcel. A parcel is treated as undelivered: (a) after a seizure under clause 13.1, on the date of the customs seizure or destruction notice; (b) after a loss under clause 13.2, on the earlier of the date on which the carrier’s tracking has shown no movement for 30 consecutive days, counted from the last tracking event, and the 60th day after dispatch, if the parcel has not arrived. A parcel is not treated as undelivered while the last tracking event requires action by you (for example payment of import charges, collection from a depot or a carrier’s attempt to hand the parcel over at your address), or if tracking shows that the parcel has been handed over. We notify you by email when a parcel is treated as undelivered, stating whether it was seized by customs, lost in transit or lost in the destination country.

13.4 Shipping Protection (optional). At checkout you may add Shipping Protection for a premium shown separately. Shipping Protection is offered only for certain destination countries and stores; if it is not shown at checkout for your order, it is not available for that destination and clauses 13.1 and 13.2 apply without it. If your parcel is treated as undelivered under clause 13.3 (seizure or loss), you may choose one of the following: (a) a replacement: we purchase the same goods on your behalf again and dispatch them to you at no further charge for the goods, the Fulfilment Handling Fee or postage (if the same goods are no longer available, you may choose another product of the same or a lower Goods Procurement Cost, with any difference credited as store credit, or option (b) or (c)); (b) store credit equal to the Goods Procurement Cost of the affected goods plus the Shipping Protection premium; or (c) a cash refund equal to the Goods Procurement Cost of the affected goods plus the Shipping Protection premium, less a Refund Transfer Charge of €10, paid by the payment method you used where that provider supports refunds and otherwise by bank transfer, within 14 days. Our Buying Agency Service Fee, the Fulfilment Handling Fee, the original postage and any payment fees are not refunded under any option; the premium is added to the store credit under (b) and to the cash refund under (c), but not refunded with a replacement under (a), which we dispatch at our cost. Shipping Protection is a contractual service provided by us, not an insurance policy. It provides one remedy per order. If you choose a replacement and the replacement parcel is itself seized, destroyed or lost, we have performed our obligations under Shipping Protection in full: no further replacement, store credit or refund is due, and the replacement parcel is not covered again.

13.5 Claims. You must choose your remedy within 30 days after the parcel is treated as undelivered and in any event within 120 days after dispatch; after that, no claim is accepted. Send us any customs notice or carrier correspondence you received; we may also rely on the carrier’s tracking data, and we may ask you to open an enquiry with the postal operator of the destination country and to give us its reference or, if it declines to open one, its reply. If, when your parcel is treated as undelivered, no store any longer ships to the destination country, the cash refund is paid without the Refund Transfer Charge. If the original parcel arrives after a replacement has been dispatched or store credit or a cash refund has been issued, you must tell us and pay the Goods Procurement Cost of the replacement, or the store credit is reversed, or the cash refund is repayable; we may set off that amount against any store credit on your account. Any amount payable under this clause is due within 14 days; until it is paid, we may ask you to settle it before we issue the procurement instruction for a new order.

14. Title and risk

14.1 Ownership of the goods passes to you when they are purchased on your behalf by our sub-agent or sold to you by the seller. From that moment the goods are yours; our sub-agents hold them for you until dispatch, and risk passes to you when the parcel is handed to the carrier.

14.2 Goods returned to the sender are held for you as your property under clause 12.

15. Store credit

15.1 Store credit is issued to your account and may be used on any order. It is valid for 12 months from the date it is issued. Store credit is issued and held in euro (EUR). If you pay in another currency, the credit is applied to your order at the exchange rate used on this website on the day of that order, so the amount shown in your currency may differ slightly from the amount you originally paid. If you prefer not to carry this exchange-rate difference, you may choose the refund option where these Terms offer one.

16. Our responsibilities and limits

16.1 We perform the service with reasonable care and skill: we purchase what you instructed, keep the records in clause 9, declare and dispatch through the carrier shown.

16.2 Where we fail to do so (for example a wrong item, a wrong address entered by us, a wrong declaration), we re-perform the service at our cost or refund everything you paid, at your choice, and we compensate losses that are a foreseeable result of our failure.

16.3 We are not responsible for decisions of customs authorities or carriers in your country, for delays or loss caused by them, or for the legality of importing the goods into your country, except as expressly provided in clauses 12 and 13. Nothing in these Terms limits liability that cannot be limited by law.

17. Your responsibilities

17.1 You must give an accurate shipping address and contact details, be reachable by the carrier and customs, pay any import charges when asked, follow the tracking of your parcel, keep your account secure, and tell us promptly of any change.

18. Product information

18.1 Product names, descriptions and images are based on information from manufacturers and sellers in the origin country. Packaging, pack sizes, health-warning language and product versions are those of the origin market and may differ from those sold in your country. Goods are supplied as sold by the seller in the origin country.

19. Communications and complaints

19.1 We communicate by email to the address on your account. If you have a complaint, contact [email protected]; we aim to respond within 2 working days. If we cannot resolve your complaint, we will tell you and say whether we are willing to use an alternative dispute resolution provider.

20. Privacy

20.1 Personal data is processed as described in our Privacy Policy. Shipping and customs data is shared with our fulfilment partners and carriers only for performing your order.

21. Changes to these Terms

21.1 We may change these Terms for future orders. The version in force when you place an order applies to that order; the version number and a record of your acceptance are stored with your order.

22. Governing law and disputes

22.1 These Terms are governed by the laws of Hong Kong. Any dispute is subject to the non-exclusive jurisdiction of the courts of Hong Kong. If you are a consumer, you also benefit from the mandatory consumer protection rules of the country where you live and you may bring proceedings in the courts of that country; nothing in these Terms removes those rights.

22.2 Language. These Terms are drawn up in English. Translations into other languages are provided for your convenience only; if there is any difference between a translation and the English text, the English text applies. We may communicate with you about your order in English.

23. Chargebacks, payment disputes and recalls

23.1 Contact us first. If you have a problem with an order or a payment, please contact us first (clause 19) before asking your bank or payment provider to reverse a payment. We will refund any amount that is due to you under these Terms.

23.2 Evidence. When you place an order, you confirm at checkout that your confirmations and order details are recorded and stored and may be provided to your bank or payment service provider as evidence. If a chargeback, payment dispute, recall or refund request is opened, we will provide these records, together with our procurement, dispatch and tracking records.

23.3 Unjustified reversals. If a payment is reversed or disputed for an order that we have carried out in line with these Terms, we will contest it. While the case is open, we may hold any further orders, store credit or reshipments connected with that order.

23.4 Suspected fraud. If a payment has been reversed or disputed without good reason, or if we have reasonable grounds to suspect payment fraud, we may decline payment for future orders. A payment that we decline is either not taken or, if it has already been received, refunded and the order is cancelled.

23.5 One customer, one identity. You must not register or order under different names, email addresses, phone numbers or addresses to get around clause 23.4. If we reasonably determine that an order has been placed in this way, we will not accept payment for it. The payment will be declined or, if it has already been received, refunded and the order will be cancelled.

23.6 Your rights. Nothing in this clause limits your right to dispute a payment that you did not authorise or your mandatory consumer rights (clause 22.1).

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Annex: Version history

v2.0: replaces v1.0 (1 January 2024). From the date this version takes effect, HitCubans acts as your buying agent; orders placed before that date remain governed by v1.0. Buying agency model; fees shown separately at checkout; Procurement Initiation Charge; returned-parcel resale mechanism; Shipping Protection with three remedies; store-based shipping destinations; language clause; chargebacks, payment disputes and recalls.