Health warning: this website sells products containing nicotine. Nicotine is an addictive chemical.
Sale allowed only to adults 21 years of age or older. Sales to minors is strctly prohibited.
Health warning: this website sells products containing nicotine. Nicotine is an addictive chemical.
Sale allowed only to adults 21 years of age or older. Sales to minors is strctly prohibited.
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Legal documents & agreements

Terms & Conditions

Last Updated: April 8, 2025

These Terms of Use for End Customers (“Terms”) govern your access to and use of Smoke App’s website, mobile application, and services as a customer purchasing tobacco and vape products through our platform. By creating an account or placing an order on Smoke App, you (“you” or “Customer”) agree to these Terms, as well as our Privacy Policy and any other guidelines or rules applicable to the Service. If you do not agree, you must not use Smoke App.

1. Eligibility and Account Registration

  • Legal Age Requirement: You must be at least 21 years old to use Smoke App or purchase any tobacco or vaping products through our Service. Smoke App does not permit minors to create accounts or make purchases. By creating an account, you affirm that you are of legal age (21+) and that you will not allow any minor to access or use your account.
  • Age Verification (Smoke App Pass): Because we sell age-restricted products, we require all customers to complete a one-time age and identity verification process at or before their first purchase. This is done through a secure third-party verification service. You will be asked to provide certain information (such as your name, date of birth, and address) and possibly a government-issued photo ID to verify your age. Upon successful verification, your account is issued a Smoke App Pass, indicating you are verified to purchase. The Smoke App Pass is valid for one year.
  • Annual Re-Verification: To comply with regulations, you must re-verify your age and information every 12 months. We will notify you when re-verification is due; if you fail to complete the annual re-verification, your purchasing privileges may be suspended until you do so.
  • Account Setup: When you register, you must provide accurate and complete information (including your legal name, current address, and contact details). You agree to keep this information up-to-date. You are allowed to create only one customer account for yourself. The account is for your personal use only – you may not share your login credentials or allow others (especially anyone under 21) to use your account to order products.
  • Account Security: You are responsible for maintaining the confidentiality of your account login information (username and password). You should use a strong password and limit access to your devices. If you suspect any unauthorized use of your account or a security breach, you must notify Smoke App immediately. We are not liable for any loss or damage arising from unauthorized use of your account if you fail to protect your credentials.

2. Purchasing Through Smoke App

  • Placing Orders: When you place an order on Smoke App, you are making an offer to purchase the selected products subject to these Terms. We reserve the right to accept or decline your order at our discretion (for example, if the items are unavailable, if we suspect the order is fraudulent, or if delivering to your location is restricted). You will receive an order confirmation once we have processed your payment and verified all requirements. This confirmation signifies that we have accepted your order.
  • Pricing and Payment: All prices are listed in U.S. dollars unless stated otherwise and are subject to change. The price you pay is the price displayed at the time you place your order, plus any applicable taxes (sales tax, excise tax) and shipping/delivery fees. We strive to ensure accurate pricing, but errors may occur. If we discover a pricing error in your order, we will contact you for instructions or cancel the order. Payments are processed via our authorized payment processors. By providing a payment method (credit card, etc.), you represent that you are authorized to use that method and you authorize us to charge the full order amount to it. If your payment is declined or reversed, the order will not be completed or may be cancelled.
  • Taxes: Smoke App calculates and collects required taxes at checkout based on your shipping address. These may include state and local sales taxes and any tobacco or nicotine product excise taxes as applicable. Any such taxes collected will be remitted to the proper authorities as required by law. You are not expected to separately report these purchases for taxation since we handle it, except if your state requires you to file any special notices for out-of-state purchases (Smoke App will notify you if needed).
  • Order Limits: We may impose quantity limits on purchases of certain products per order or over a given time period (for example, due to legal restrictions on shipping volume of tobacco to individuals, or to prevent hoarding). If such limits apply, they will be indicated on the platform or during checkout. By ordering, you agree not to use multiple accounts or other methods to circumvent these restrictions. We reserve the right to refuse or cancel orders that violate these limits or appear to be part of a bulk resale scheme.

3. Shipping and Delivery

  • Delivery Only to Eligible Adults: All orders must be delivered to a physical address (no P.O. boxes for tobacco shipments) within our serviceable regions. An adult of at least 21 years of age must be present to accept the delivery. Our delivery partners are instructed to require a valid government photo ID at the time of delivery. The name or details may be recorded to confirm the recipient is the verified customer or an authorized adult recipient. You acknowledge that deliveries will not be left unattended or released to minors under any circumstance.
  • Smoke App Pass & Recipient: Ideally, the person who placed the order (the verified account holder) should receive the delivery. We understand an adult family or household member (21+) might also accept on your behalf, but they will still need to show ID, and the delivery agent will use their judgment. If the delivery agent is not convinced that the person receiving is an adult or suspects a proxy for a minor, they may refuse the delivery.
  • Failed Delivery Attempts: If no qualifying adult is available or the recipient fails the ID verification at delivery, the order will not be delivered. The package will be returned according to our policy. In such cases, you will be refunded your payment minus certain fees to cover the failed delivery, as detailed in our Returns & Refunds Policy. By placing an order, you agree to these conditions and fees if a delivery fails due to your unavailability or inability to show proof of age. To avoid issues, please ensure that you (or another adult you designate) are available at the scheduled delivery time and have valid ID ready.
  • Title and Risk of Loss: Ownership of the products, and the risk of loss or damage, transfers to you when the products are handed to you (or your adult representative) upon successful delivery. If a product is damaged in shipping or missing from your order, you must report it to us within 6 hours as per our Returns & Refunds Policy so we can assist.
  • Shipping Restrictions: We currently ship only to locations where sale of our products is legally permitted. If you attempt to order to an address outside our service area or in a jurisdiction that bans delivery of such products, we will cancel the order and refund you. We do not ship internationally at this time. We also do not allow customers to use freight forwarding or mail forwarding services to circumvent regional restrictions; any such orders may be cancelled.

4. Returns and Refunds

  • All Sales Final (with Limited Exceptions): Due to the nature of tobacco and vape products, all sales are generally final. We cannot accept returns of opened or used products for health and safety reasons. However, we do offer resolutions in specific cases: failed deliveries, incorrect or defective products, etc. Please review our detailed Returns & Refunds Policy, which is incorporated into these Terms by reference. By making a purchase, you acknowledge that you have read that policy.
  • Refund Process: If you are eligible for a refund (for example, your package was returned due to a failed delivery, or we approved a refund for a damaged item), refunds will be issued to the original payment method. Section 3 above describes when fees may be deducted from refunds (e.g., shipping fees for failed delivery). We aim to process refunds promptly, but it may take several business days for your bank to reflect the credit.
  • Reporting Problems: If you receive a wrong item, a defective product, or your package is missing items, contact Smoke App support within a few hours of delivery. We will investigate and, if verified, correct the issue either through a replacement shipment or a refund, in accordance with our policies. Do not discard any packaging or products until the issue is resolved, as we may require return or evidence of the problem.

5. Prohibited Customer Conduct

You agree to use Smoke App only for lawful, personal purposes and to abide by all applicable laws and these Terms. You expressly agree that you will NOT:

  • Provide False Information: You must not provide false, inaccurate, or misleading information in your account or during the age verification process. This includes using someone else’s identity or ID, or attempting to impersonate another person. Any attempt to circumvent our age verification (such as using a fake ID or altering your date of birth) is a serious violation and is illegal.
  • Purchase for Minors (Straw Purchases): It is strictly illegal to purchase tobacco or vaping products on behalf of a minor. You agree that you will not, under any circumstance, use Smoke App to buy products for anyone under 21, nor will you give or resell products you obtain from Smoke App to minors. Smoke App actively monitors for suspicious activities. If we find credible evidence that you have purchased products with the intention of supplying a minor, we will terminate your account immediately and may report the incident to law enforcement or regulatory bodies. This includes instances where an adult purchaser is found to be a proxy for a minor. We have zero tolerance for underage tobacco access.
  • Resale or Commercial Use: Products purchased through Smoke App are for personal use only. You agree not to resell, distribute, or export any products obtained from us. Only authorized vendors may sell on Smoke App; customers are not permitted to act as resellers. If we suspect that you are buying large quantities for resale or smuggling (for example, repeated bulk orders to a freight forwarder), we may cancel orders and close your account.
  • Tampering and Misuse: You will not tamper with any safety features of the platform or products. This includes not attempting to circumvent any security or age-gating features on the app or website, and not encouraging others (like delivery personnel) to bypass required procedures (e.g., asking a courier to leave a package without ID check is prohibited).
  • Illegal Behavior: You will not use Smoke App to engage in any illegal activity. This includes attempting to purchase products that are illegal in your area, using the service to ship products into areas where they are banned, or any form of fraud. You also agree not to engage in harassment, abuse, or any conduct that is harmful to Smoke App, other users, or our staff (for example, abusive language towards customer service or delivery personnel).
  • Interference with Service: You must not attempt to interfere with the normal operation of Smoke App. This means you will not attempt to hack, perform denial-of-service attacks, or disrupt the website/app, and you will not use any automated system (like bots or scripts) to continuously request data or place orders. Any attempt to scrape data or reverse-engineer our software is also prohibited.

Violation of any of the above rules may result in immediate termination of your account, cancellation of orders, and potential legal action. Smoke App reserves the right to refuse service, cancel accounts, or report users to authorities at our discretion if we believe a violation of law or these Terms has occurred.

6. Health and Safety Acknowledgment

Tobacco and nicotine products are addictive and can pose serious health risks. By using Smoke App and purchasing these products, you acknowledge that: (a) you are aware of the health warnings and risks associated with tobacco and nicotine consumption (such as addiction, heart disease, lung disease, cancer, etc.), and (b) you are choosing to purchase and use these products at your own risk. The products available on Smoke App are not marketed as smoking cessation devices unless explicitly stated (e.g., nicotine replacement therapy products, if any, would be clearly labeled). Smoke App and its vendors do not guarantee that the products are safe or without risk. Always read the warnings and instructions on product packaging. If you have any health concerns, consult a healthcare professional. Smoke App is not liable for any health issues arising from the use or misuse of products purchased through our platform, to the extent permitted by law.

7. Intellectual Property and Content

  • Smoke App Content: All content on the Smoke App platform (including our name, logos, graphics, and text) is owned by or licensed to Smoke App and is protected by intellectual property laws. We grant you a limited, revocable license to use our Service for its intended purpose (shopping and personal use) but not for any commercial exploitation. You may not copy, distribute, or create derivative works from our content without permission.
  • User-Generated Content: If Smoke App allows you to post content (such as product reviews, ratings, or comments), you agree to post only content that is truthful, relevant, and does not violate any laws or rights of others. Prohibited content includes anything defamatory, obscene, hateful, infringing, or encouraging illegal activity. Smoke App may moderate, edit, or remove user content at its discretion. By posting any content, you grant Smoke App a royalty-free, worldwide, perpetual license to use, display, and distribute that content in connection with operating the platform.
  • Feedback: If you submit suggestions or feedback to us about how to improve Smoke App, we may use your feedback without compensation to you, and you hereby license any such feedback to us for free use.

8. Limitation of Liability

To the fullest extent allowed by law, Smoke App (and its parent, affiliates, officers, directors, employees, and agents) shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Service or purchase of products (including but not limited to lost profits, lost data, personal injury, or property damage, even if caused by negligence). In no event will our cumulative liability to you exceed the total amount paid by you to Smoke App for the order or transaction in question.

We provide the Smoke App service and all products on an “as is” and “as available” basis. While we endeavor to ensure product quality by vetting our vendors, Smoke App makes no warranties or representations of any kind, express or implied, about the products sold (aside from those mandated by law). Any product warranties are those of the manufacturer or vendor, if any. Smoke App disclaims all other warranties, including implied warranties of merchantability or fitness for a particular purpose.

9. Indemnification

You agree to indemnify, defend, and hold harmless Smoke App and its affiliates, officers, agents, and employees from any claim, liability, loss, or demand (including reasonable attorneys’ fees) arising out of your breach of these Terms or your violation of any law or the rights of a third party. For example, if you purchase products from Smoke App and then illegally give them to a minor, resulting in a legal claim or fine, you agree to cover any costs or penalties that Smoke App incurs as a result of your conduct.

10. Suspension and Termination

We reserve the right to suspend or terminate your Smoke App account at any time, with or without notice, for any violation of these Terms or if required by law or circumstances. If your account is terminated, you will lose access to the Service (including any loyalty benefits or stored data). If there are any pending orders at the time of termination, we reserve the right to cancel them. If termination is due to misconduct, we may refuse to allow you to re-register in the future. If you wish to terminate your own account, you may contact us to request account deletion (keeping in mind we may retain certain information as required by law, as outlined in our Privacy Policy).

11. Changes to the Terms

Smoke App may update these Terms of Use from time to time. When we do so, we will change the “Last Updated” date at the top and, for significant changes, we will provide prominent notice (such as via email or an app notification). It is your responsibility to review the Terms periodically. Continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree with the changes, you must stop using Smoke App and may close your account.

12. Governing Law and Disputes

These Terms and any dispute arising from your use of Smoke App are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict of law principles. Any disputes or claims relating to Smoke App or these Terms shall be resolved through binding arbitration on an individual basis (not as part of a class action) in Orlando, Florida, pursuant to the rules of the American Arbitration Association. You waive the right to a trial by jury or to participate in a class action. If for any reason a claim proceeds in court rather than arbitration, you agree that it will be exclusively in the state or federal courts located in Florida.

13. Miscellaneous

  • Age Verification Records: Smoke App maintains records of customer age verifications and delivery signatures as required by law. By using the Service, you acknowledge these records will be kept and produced to regulators if necessary.
  • Entire Agreement: These Terms (along with incorporated policies like the Privacy Policy and Returns Policy) constitute the entire agreement between you and Smoke App regarding your use of the Service as a customer. They supersede any prior agreements or understandings.
  • No Waiver: Smoke App’s failure to enforce any part of these Terms is not a waiver of our right to later enforce that or any other part of the Terms.
  • Severability: If any provision of these Terms is found to be unlawful or unenforceable, that provision will be deemed severed from the Terms and will not affect the validity of the remaining provisions.
  • Transfers: You may not transfer or assign your account or any rights under these Terms without our consent. Smoke App may transfer or assign its obligations and rights (for example, in the event of a merger or acquisition).

14. Contact Information

If you have any questions about these Terms or need assistance with your account, please contact us:

  • Customer Support Email: support@smoke.app
  • Customer Support Phone: +1 (407) 675-6854 (Mon–Fri, 9am–5pm EST)
  • Mailing Address: Smoke App LLC, 6900 Tavistock Lakes Blvd Suite 400, Orlando, FL 32827, USA

By using Smoke App, you certify that you have read and understood these Terms of Use and agree to abide by them. Thank you for choosing Smoke App for your tobacco and vaping product needs. We are dedicated to providing a safe, legal, and convenient service for adult consumers.