Last Updated: October 26, 2026

1. Acceptance and scope

1.1 Acceptance. By placing a wholesale order with Brolo, the purchaser ("Retailer") agrees to these Terms & Conditions ("Terms"). These Terms replace any prior verbal or written terms unless a change is in writing and signed by an authorized representative of Brolo.

1.2 Retailer's terms excluded. Terms on Retailer's purchase orders or other documents do not apply.

1.3 Consignment excluded. Consignment or other special programs are governed by their own written agreements. These Terms apply to them only where that agreement says so.

2. Ordering and availability

2.1 Orders. Retailer places orders via webstore (www.brolocigars.com). An order is accepted only when Brolo confirms it in writing.

2.2 Minimum order. Orders must meet the minimum order quantity in the current wholesale price list Brolo provides to Retailer. Brolo may change the minimum on reasonable notice and may decline or adjust orders below it.

2.3 Sealed boxes only. Brolo sells cigars at wholesale in sealed boxes of 20. Brolo does not sell loose cigars or opened boxes at wholesale.

2.4 First come, first served. Brolo produces in limited runs. Confirmed orders are filled in the order full payment clears. Brolo does not guarantee any quantity, allocation, or reorder availability.

2.5 Partial shipments. Brolo may limit quantities per order, ship part of an order and refund the rest, or reserve inventory for its own programs and events.

3. Pricing and payment

3.1 Prices. Prices are in U.S. dollars. The price for an order is the one in effect when Brolo confirms it in writing. Brolo will give at least [30] days' written notice of a price increase. Brolo may correct obvious pricing errors before shipment.

3.2 Payment in full at time of order. Payment in full is due at the time of order for all orders. Brolo does not extend net terms or credit, and ships only after payment clears.

3.3 Payment methods. Brolo accepts ACH, wire transfer, check and credit and debit cards. ACH, wire, and debit card payments carry no added fee.

3.4 Credit card surcharge. Credit card payments carry a credit card surcharge equal to Brolo's cost of acceptance, not to exceed 3% of the order total or any lower limit set by law or card network rules. The surcharge applies to credit cards only, never debit or prepaid cards, and appears as a separate line on the invoice before payment. It is refunded in proportion to any refund.

3.5 Returned payments. A returned ACH, check, or other payment incurs a $35 fee. The order is held until good funds are received.

3.6 Chargebacks. Retailers will use the claims process in Section 6 before disputing a card charge. If a Retailer disputes a charge without first using that process and the dispute is decided in Brolo's favor, Retailer will pay a $35 chargeback fee.

3.7 Account holds. Brolo may place an account on hold for any unpaid amount or open payment dispute.

4. Taxes

4.1 Resale certificate. Wholesale purchases are for resale. Retailer will keep a valid resale or exemption certificate on file with Brolo. Without one, Brolo will charge any applicable sales tax.

4.2 Tobacco excise tax. Where state law requires Brolo to collect or remit tobacco or cigar excise tax on a sale, Brolo will add that tax to the invoice as a separate line. All other taxes due on Retailer's receipt, possession, or sale of the product are Retailer's responsibility.

4.3 Retailer's sales. Retailer collects and remits all taxes on its own sales to consumers, including online sales.

5. Shipping and risk of loss

5.1 Lead times. Lead times given at confirmation are good-faith estimates. Brolo will notify Retailer promptly of material delays. Brolo is not liable for delays caused by manufacturing, agriculture, carriers, or other causes beyond its reasonable control.

5.2 Ship-to address. All orders ship from Texas, only to Retailer's licensed business address on file. Someone authorized must be available to receive the shipment.

5.3 Weather holds. Brolo may delay shipment during extreme heat or cold to protect product quality. A weather hold is not a breach, and Brolo will tell Retailer the expected ship date.

5.4 Freight costs. Shipping costs are Retailer's responsibility unless a written promotion or agreement says otherwise.

5.5 Risk of loss. Risk of loss or damage passes to Retailer when the carrier picks up the order. Retailer files claims for lost or damaged shipments directly with the carrier, and Brolo will provide shipping records to support the claim.

6. Inspection, claims, and returns

6.1 Inspection and claims. Retailer will inspect each shipment on receipt. Claims for manufacturing defects, wrong items, or order discrepancies must be sent in writing to orders@brolocigars.com within 72 hours of confirmed delivery, with photos. Brolo may decline claims sent after that window.

6.2 Remedy. For a valid claim, Brolo will, at its option, replace the product or issue a store credit. No cash refunds are issued on confirmed delivered orders.

6.3 All sales final. Returns are accepted only for a manufacturing defect verified by Brolo, with Brolo's prior written authorization. Unauthorized returns will be refused and sent back at Retailer's expense.

6.4 Storage and handling. Brolo is not responsible for product that has been improperly stored, handled, or displayed by Retailer, including storage outside 65–70% relative humidity.

7. Product and warranty

7.1 Natural product. Premium cigars are handmade from natural tobacco. Color, flavor, draw, and burn vary from cigar to cigar and batch to batch, and that variation is not a defect.

7.2 Product changes. Brolo may change blends, bands, boxes, or packaging, or discontinue any product, at any time.

7.3 Warranty disclaimer. EXCEPT FOR THE REMEDY IN SECTION 6.2, BROLO SELLS ALL PRODUCTS "AS IS" AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. Compliance and licensing

8.1 Licenses. Retailer represents that it holds all federal, state, and local licenses required to buy, possess, and sell tobacco products. Brolo may request proof at any time and will not ship to unlicensed retailers or lapsed locations.

8.2 Adult sales only. Retailer will sell Brolo products only to consumers 21 years or older, in compliance with all applicable laws.

8.3 Online sales and MAP. Online sales are allowed only as permitted by Retailer's signed Wholesale Agreement and Brolo's Minimum Advertised Price policy.

8.4 Responsibility. Retailer is solely responsible for its compliance with tobacco laws in its jurisdiction and in any state it ships to.

9. Liability, force majeure, and governing law

9.1 Limitation of liability. Brolo's total liability for any claim arising from an order will not exceed the amount Retailer paid for that order. Brolo is not liable for indirect, incidental, consequential, or punitive damages, including lost profits.

9.2 Force majeure. Brolo is not in breach for any failure or delay caused by circumstances beyond its reasonable control, including natural disasters, crop or supply chain disruptions, labor disputes, carrier failures, government actions, or public health emergencies.

9.3 Governing law and venue. Texas law governs these Terms, without regard to conflict-of-law principles. Disputes will be resolved in the state or federal courts in Collin County, Texas.

10. Amendments and entire agreement

10.1 Updates. Brolo may update these Terms. Brolo will email the updated version, with its new effective date, to Retailer's notice contact. Updates apply to orders placed after the effective date.

10.2 Right to refuse. Brolo may decline to sell to any retailer at its discretion, subject to any signed Wholesale Agreement.