Terms and Conditions
Please read these terms carefully
Last Updated: 3/25/2026
These Terms govern your access to and use of the Smogger website. By visiting or using this site, you acknowledge that you are 21 years old or older, and you agree to comply with all terms and applicable laws. If you do not agree with any part of these Terms, you must not use the site. Smogger reserves the right to modify or suspend the site at any time without notice. The laws of the United States and the State of Florida govern these Terms. If any provision is found invalid, the rest will remain in effect.
Age Verification and Access
Smogger contains tobacco-related content and is intended only for adults (21+). Federal law makes it illegal to sell or market any tobacco or vaping product to persons under 21. You must confirm your age before entering the Site. We may use additional measures such as third-party age verification to enforce this restriction. By clicking “Yes” to age verification, you certify under penalty of law that you are 21 or older. You agree to provide truthful information; knowingly misrepresenting your age is unlawful.
Products and Pricing
Smogger’s Product pages provide descriptions and specifications of our vaping devices. These descriptions are for informational purposes only. We do not process any orders, payments, or transactions on this Site. If you wish to purchase a Smogger product, you must do so through authorized retailers or distributors. Prices and availability are set by the seller; Smogger is not responsible for pricing errors or changes. We make no guarantee of product supply, pricing, or delivery times.
Ordering, Payment, and Shipping
Smogger does not offer a shopping cart or accept payments. All sales are handled by our partner distributors. Any order you place is subject to the distributor’s own Terms of Sale, payment methods, taxes, and shipping policies. We are not a party to those transactions and disclaim any responsibility for the retailer’s order fulfillment, shipping costs, delivery schedules, or tax charges.
Returns, Refunds, and Cancellations
Since Smogger does not sell directly, we have no returns or refund process on this Site. If you have an issue with a product (defective item, wrong order, etc.), you must contact the retailer or wholesaler where you made the purchase. We recommend you review the retailer’s return/cancellation policy. Smogger will not accept returns or cancellations of products purchased elsewhere.
Affiliate and Partner Links
This Site contains links to third-party websites. These links are provided for convenience; we do not control third-party sites. We make no representation about their content or practices. If you click a link and make a purchase on a distributor site, you are subject to that site’s terms and privacy policy, not Smogger’s. Smogger is not responsible for any liability arising from purchases or interactions with third-party sites.
Intellectual Property
All content on the Smogger Site, including logos, images, product descriptions, text, graphics, and software, is owned or licensed by Smogger and is protected by U.S. and international copyright and trademark laws. You may use the Site and its content only for your personal, non-commercial use. Any other use (including copying, distribution, modification, or linking to our trademarks) without our express written consent is strictly prohibited. You agree not to circumvent any copyright or ownership notices. Smogger may revoke access for any unauthorized use and will enforce its intellectual property rights to the fullest extent.
User Content and Reviews
Any content you submit (reviews, comments, images, etc.) must be lawful and not infringe others’ rights. You grant Smogger a royalty-free, perpetual, worldwide license to use or publish your submitted content in any media. We may remove or edit user content at our discretion. We disclaim any liability for user-generated content, and it does not reflect the views or approval of Smogger.
Privacy Notice
For information about how we collect, use, and protect your personal data, please refer to Smogger’s Privacy Policy. By using this Site, you agree to the terms of the Privacy Policy.
Disclaimer of Warranties and Health Warning
THIS SITE AND ALL INFORMATION AND CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES. SMOGGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not promise the Site will be error-free or always available. We do not guarantee accuracy of any product information. Use of the Site and any content on it is at your own risk.
Health Warning
Vaping is not safe. Nicotine is addictive and may harm brain development in young people. All tobacco and vaping products carry health risks. Cigar and cigarette smoke are linked to cancer, heart and lung disease, and gum disease; vaping is also associated with lung injury and nicotine addiction. The FDA explicitly notes that even authorized vaping products are harmful and addictive. By using this Site and any Smogger products, you acknowledge these risks. These products are intended only for adults (21+).
Federal and state laws require us to display a nicotine warning (as above) and to prohibit sales to underage persons. Smogger follows these rules and requires age verification.
Limitation of Liability and Indemnification
To the fullest extent permitted by law, Smogger and its affiliates will not be liable for any indirect, incidental, special, or consequential damages arising from your use of this Site or any products, even if we were warned of the possibility of such damages. This includes any harm from the products themselves, data loss, lost profits, or personal injury. In no event will Smogger’s total liability exceed the amount you paid for the product or $100 (if no purchase), whichever is less.
You agree to indemnify and hold harmless Smogger, its officers, and agents from any claims or losses arising from your violation of these Terms or your use of the Site. This includes any unauthorized use of content, posting illegal material, or infringing third-party rights.
Dispute Resolution and Governing Law
These Terms and any disputes arising from them are governed by U.S. federal law and the laws of the State of Florida. All claims must be brought in a court located in Florida.
Severability and Changes to Terms
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Smogger reserves the right to modify or update these Terms at any time. We will post the new Terms on this page with a revised date. Your continued use of the Site after changes are posted means you accept the updated Terms.
Contact Information
If you have questions about these Terms, please contact Smogger through our official channels.
- Address: 4365 Okeechobee Blvd Suit B9 West Palm Beach, FL 33409
- Phone: 1-561-684-1107
- Email: care@nepawholesale.com
