1. Overview
This website, smog-store.com (“Website”), is operated by Smog-store.com, trading as Smog Store(“Smog Store”, “we”, “us”, or “our”).
These Terms of Service (“Terms”) govern your access to and use of the Website and any purchases made through it.
By accessing the Website, creating an account, placing an order, or otherwise using our services, you agree to these Terms, together with our Privacy Policy, Refund and Returns Policy, Delivery and Payment information, and any other policies referenced on the Website.
If you do not agree with these Terms, you should not use the Website or place an order.
Nothing in these Terms limits any mandatory consumer rights that apply to you under applicable law.
2. Age-Restricted Products
Our Website offers products intended exclusively for adult consumers.
By using the Website or placing an order, you confirm that:
- you meet the minimum legal age required to purchase the relevant products in your country or jurisdiction;
- you are legally permitted to purchase, possess and receive such products;
- you are purchasing the products for lawful purposes only.
We do not knowingly sell age-restricted products to minors.
We reserve the right to request proof of age or identity before accepting, processing or delivering an order. If satisfactory verification cannot be provided, we may refuse or cancel the order.
3. Compliance With Local Laws
Laws concerning tobacco, nicotine-containing products, heated tobacco products and related goods vary between countries.
You are responsible for ensuring that the products you order may lawfully be purchased, imported, possessed and used in the destination country.
We may refuse or cancel orders to destinations where we believe sale or delivery is prohibited or restricted.
Nothing on the Website should be interpreted as encouraging the purchase or use of any product in violation of applicable law.
4. Products and Product Information
We make reasonable efforts to ensure that product descriptions, photographs, specifications, compatibility information, prices and availability are accurate.
However:
- product packaging may vary by country, production batch or manufacturer;
- colours may appear differently depending on your device or display;
- manufacturers may change packaging, product names, specifications or formulations without notice;
- certain products may become unavailable or discontinued.
We reserve the right to correct errors, update product information, limit quantities, withdraw products and change our product range at any time.
Where compatibility information is provided, customers should ensure that a product is suitable for their device before ordering.
5. Product Availability
All products are subject to availability.
Adding a product to your basket does not reserve the product.
We may limit the quantity of any product that may be purchased by one person, household, customer account, delivery address or order.
We may cancel or reduce an order where:
- stock is unavailable;
- a pricing or product information error has occurred;
- payment has not been received;
- the order appears fraudulent or suspicious;
- applicable law prevents us from fulfilling the order.
If we cancel an order after receiving payment, any amount due to you will be refunded in accordance with the applicable payment method and our Refund and Returns Policy.
6. Orders and Contract Formation
Submitting an order through the Website constitutes an offer to purchase the products selected.
An automated order confirmation does not necessarily mean that we have accepted your order.
We may review an order before acceptance, including payment status, delivery destination, product availability, age requirements and fraud-prevention checks.
A contract for the purchase of goods is formed when we accept the order and begin processing it for fulfilment, unless applicable law provides otherwise.
We reserve the right to refuse an order where permitted by law.
7. Prices
Product prices are displayed on the Website in the currency indicated.
Prices may change at any time without prior notice. Any change will not normally affect an order already accepted by us.
If an obvious pricing error occurs, we may contact you before processing the order or cancel the affected item or order.
Any applicable delivery charges will be shown separately where relevant.
8. Taxes, Customs and Import Charges
Depending on the destination country, orders may be subject to local taxes, customs duties, import charges, excise duties or other governmental fees.
Unless explicitly stated otherwise during checkout, such charges are not included in the product price and remain the responsibility of the recipient.
Customers are responsible for understanding any import requirements applicable in their destination country.
We are not responsible for delays, charges or seizures resulting from customs procedures where the shipment was made lawfully and in accordance with the information provided by the customer, except where applicable law provides otherwise.
9. Payment
Available payment methods are displayed on the Website or communicated during the ordering process.
Payment options may include, where available:
- bank transfer;
- cryptocurrency;
- other payment methods introduced by us from time to time.
An order may not be processed or dispatched until the required payment has been received and confirmed.
For bank transfers, customers must follow the payment instructions provided after placing an order.
For cryptocurrency payments, exchange rates and transaction fees may depend on the payment network or provider used.
We may change, add or remove payment methods at any time.
10. Promotions and Discount Codes
Promotional offers and discount codes may be subject to additional conditions.
Unless otherwise stated:
- promotions may not be combined;
- discount codes may have an expiry date;
- a promotion may apply only to selected products, quantities or payment methods;
- we may withdraw or amend a promotion before an order is placed.
Abuse, manipulation or unauthorised use of promotional offers may result in cancellation of the relevant discount or order.
11. Delivery
Delivery options, estimated delivery times and applicable delivery conditions are described on our Delivery and Payment page.
Delivery times are estimates unless explicitly guaranteed.
Delays may occur due to circumstances outside our reasonable control, including:
- customs processing;
- carrier delays;
- adverse weather;
- public holidays;
- incorrect or incomplete delivery information;
- regulatory or border controls.
Customers are responsible for providing a complete and accurate delivery address.
Please contact us promptly if you believe that your order has been delayed, lost or damaged.
12. Returns and Refunds
Returns, refunds and exchanges are governed by our Refund and Returns Policy and applicable consumer law.
Certain products may be subject to return restrictions where permitted by applicable law, including where sealed goods have been opened or where health, hygiene, safety or regulatory considerations apply.
Nothing in these Terms removes any statutory right that cannot lawfully be excluded.
Please review our Refund and Returns Policy before requesting a return.
13. Accounts and Customer Information
If you create a customer account, you are responsible for maintaining the confidentiality of your login information.
You must provide accurate and current information when placing an order.
Please update your account or contact us if important information changes.
We may suspend or restrict an account where we reasonably believe that it is being used fraudulently, unlawfully or in violation of these Terms.
14. Intellectual Property
Unless otherwise stated, the Website and its original content, design, text, graphics and other materials are owned by or licensed to Smog Store and are protected by applicable intellectual property laws.
You may use the Website for personal and lawful purposes only.
You may not reproduce, copy, distribute, sell, exploit or commercially use substantial portions of the Website without our prior written permission.
15. Third-Party Trademarks
Product names, company names, logos and trademarks appearing on the Website may belong to their respective owners.
Use of such names and trademarks is for product identification and informational purposes and does not imply sponsorship, affiliation or endorsement.
Smog Store is an independent retailer and is not an official distributor of, endorsed by, or affiliated with Philip Morris International Inc., British American Tobacco p.l.c., or other manufacturers whose products may be offered on the Website, unless expressly stated otherwise.
All trademarks remain the property of their respective owners.
16. Third-Party Websites and Services
The Website may contain links to third-party websites or use services provided by third parties.
We do not control third-party websites and are not responsible for their content, privacy practices, availability or terms.
You should review the applicable terms and policies before using a third-party website or service.
17. Privacy and Personal Information
Our collection and processing of personal information is governed by our Privacy Policy.
Please review the Privacy Policy for information about the types of personal data we process, why we process it and the rights that may apply to you.
18. Prohibited Uses
You may not use the Website:
- for unlawful or fraudulent purposes;
- to violate applicable laws or regulations;
- to infringe intellectual property or privacy rights;
- to submit false or misleading information;
- to distribute malware or malicious code;
- to interfere with the security or operation of the Website;
- to scrape, harvest or collect data in an unauthorised manner;
- to impersonate another person;
- to attempt unauthorised access to our systems or accounts.
We may restrict or terminate access to the Website where these rules are violated.
19. Errors and Omissions
The Website may occasionally contain typographical errors, incorrect prices, outdated availability information or other inaccuracies.
We reserve the right to correct such errors and update information at any time.
Where an error materially affects an order, we may contact you, offer an appropriate correction or cancel and refund the affected order where required.
20. Availability of the Website
We do not guarantee that the Website will always be available, uninterrupted or error-free.
We may temporarily suspend, modify or discontinue parts of the Website for maintenance, security, technical or operational reasons.
We will not be responsible for temporary unavailability outside our reasonable control, subject to any liability that cannot lawfully be excluded.
21. Disclaimer and Limitation of Liability
To the maximum extent permitted by applicable law, the Website and its content are provided on an “as available” basis.
We do not exclude or limit liability where it would be unlawful to do so.
In particular, nothing in these Terms excludes or limits liability for:
- fraud or fraudulent misrepresentation;
- death or personal injury caused by negligence where such liability cannot be excluded;
- mandatory consumer protections;
- any other liability that cannot legally be excluded or limited.
Subject to those limitations, we will not be responsible for indirect or consequential losses that were not reasonably foreseeable at the time the contract was entered into.
22. Force Majeure
We will not be responsible for delays or failure to perform obligations caused by circumstances beyond our reasonable control.
Such circumstances may include natural disasters, war, civil disturbance, strikes, transport disruption, telecommunications failure, governmental action, border closures, customs restrictions or other events outside our reasonable control.
23. Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, and the remaining provisions will remain in effect.
24. Changes to These Terms
We may update these Terms from time to time to reflect changes to our services, business practices or legal requirements.
The latest version will be published on this page together with the date of the most recent update.
Changes will apply from the date stated, subject to applicable law.
25. Governing Law
These Terms are governed by the laws, except where mandatory consumer protection rules in your country of residence provide otherwise.
Any dispute shall be handled by the courts having jurisdiction under applicable law.
Nothing in this section deprives a consumer of protections or jurisdictional rights that cannot lawfully be waived.
26. Contact Information
Questions about these Terms or an order may be sent to:
Smog Store
Email: [email protected]
Website: smog-store.com
Smog-store.com is not endorsed nor affiliated with PMI (Phillip Morris International Inc.). Smog-store.com is not an official distributor of PMI products. Smog-store.com is not endorsed nor affiliated with BAT (British American Tobacco). Smog-store.com is not an official distributor of BAT products. All product and company names are trademarks or registered trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them. “IQOS”, “TEREA”, “LEVIA”, “DELIA” and “Heatsticks” are registered trademarks of the official manufacturer (Philip Morris International Inc.) in the United States and/or other countries. “GLO”, “RIVO”, “VIRTO”, “VEO”, “NEO” and “KENT” are registered trademarks of their respective manufacturers in the United States and/or other countries.