Urban Smoke

Terms and Conditions of Sale

1. About Urban Smoke TX

2. Eligibility & Age Requirement

• You must be at least 21 years of age to use this Site and purchase any product.
• By creating an account, browsing, or placing an order, you represent and warrant that you are 21 years of age or older.
• We reserve the absolute right to refuse service, terminate accounts, remove or edit content, and cancel orders at our sole discretion, including but not limited to failed age verification, suspected fraud, or violation of these Terms.
• We do not sell to persons under 21 under any circumstances. Attempting to purchase while underage is a violation of federal law.
• It is your responsibility to ensure that vaping products are legal in your jurisdiction before ordering. We are not responsible for orders seized by customs or law enforcement in prohibited jurisdictions.

3. Product Information & Accuracy

• We make every reasonable effort to ensure that product descriptions, specifications, images, and pricing are accurate and current. However, errors may occur.
• Product images are for illustrative purposes. Colors, finishes, and packaging may vary slightly from what is shown on the Site due to manufacturer updates or screen display differences.
• Product specifications, including dimensions, weight, and battery capacity, are provided by manufacturers. We are not responsible for minor variations in manufacturer specifications.
• We reserve the right to correct pricing errors, cancel orders placed at incorrect prices, and refund affected customers. If a pricing error is discovered after you place an order, we will notify you and give you the option to proceed at the correct price or cancel for a full refund.

4. Pricing, Payment & Taxes

• All prices displayed on the Site are in United States Dollars (USD).
• Prices do not include shipping costs unless explicitly stated. Shipping costs are calculated at checkout based on your location and selected shipping method.
• Applicable state and local sales taxes will be added at checkout based on your shipping address in accordance with Texas tax law and economic nexus requirements.
• We accept payment via major credit and debit cards (Visa, Mastercard, American Express, Discover), PayPal, and other payment methods as indicated at checkout.
• Payment is authorized and charged at the time of order placement. For orders requiring manual age verification, payment may be authorized but not captured until verification is complete.
• We use PCI DSS-compliant payment processors. We do not store your full credit card number on our servers.
• If your payment is declined, fraudulent, or disputed, we reserve the right to cancel the order and suspend or terminate your account.

5. Order Acceptance & Contract Formation

• Placing an order on the Site constitutes an offer to purchase, not a confirmed contract.
• Order acceptance and the formation of a binding contract occur upon our confirmation of shipment.
• We reserve the right to refuse or cancel any order for any reason, including but not limited to:
  • Product unavailability or stock shortages
  • Pricing errors or inaccuracies
  • Failed age verification
  • Suspected fraud, unauthorized use of payment methods, or account abuse
  • Shipping restrictions to your address or jurisdiction
  • Violation of these Terms
• If we cancel your order, we will notify you by email and issue a full refund to your original payment method within 5-7 business days.

6. Shipping, Delivery & Risk of Loss

• We currently ship to addresses within the United States only. We do not ship to international addresses, APO/FPO addresses (for ENDS products), or PO Boxes for orders requiring adult signature.
• All orders containing vaping products require Adult Signature (21+) upon delivery in compliance with the PACT Act (Preventing All Cigarette Trafficking Act) and federal regulations. Our shipping carriers will not leave packages unattended.
• Estimated delivery times are provided at checkout and are not guaranteed. Delays may occur due to carrier issues, weather, high order volume, or other factors beyond our control.
• Risk of loss and title for items purchased from Urban Smoke TX pass to you upon delivery of the items to the carrier. We are not responsible for lost, stolen, or damaged packages after they have been delivered to the carrier, though we will assist you in filing claims with the carrier.
• If a package is returned to us due to failed delivery attempts (no one available to sign, incorrect address, refusal), you will be responsible for additional shipping charges to reship the package, or we may issue a refund minus original and return shipping costs.
• You are responsible for providing an accurate, complete shipping address. We are not responsible for orders shipped to incorrectly provided addresses.

7. PACT Act Compliance

• Verification that the purchaser is 21 years of age or older
• Collection of applicable state and local taxes
• Submission of monthly reports to state tax administrators
• Use of private shipping services that verify adult signature at delivery (USPS is prohibited from shipping ENDS products to residential addresses)

8. Age Verification & Delivery Requirements

• Every order is subject to age verification as described in our Age Verification Policy.
• The person receiving the delivery must be 21 years of age or older and must present a valid, government-issued photo ID.
• If the recipient cannot provide acceptable ID or is under 21, the package will be returned to us. You will be responsible for return shipping costs, and your order will be refunded minus shipping and handling fees.
• We reserve the right to refuse future orders from customers who repeatedly fail to provide valid ID at delivery.

9. Returns, Cancellations & Refunds

• Returns are governed by our Returns & Refunds Policy, which is incorporated into these Terms by reference.
• You may cancel an order before it ships by contacting us immediately. Once shipped, cancellation is not possible, and standard return procedures apply.
• E-liquids, opened coils, used disposables, and other consumable items cannot be returned for hygiene and safety reasons unless defective or damaged in transit.
• Refunds will be issued to the original payment method within 5-10 business days of receiving and approving the return.

10. Limitation of Liability & Disclaimers

• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Urban Smoke TX, its owners, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from:
  • Your use or inability to use the Site or products
  • Any unauthorized access to or alteration of your data
  • Statements or conduct of any third party on the Site
  • Any other matter relating to the Site or products
• Our total liability to you for all claims arising out of or relating to these Terms or your use of the Site shall not exceed the total amount paid by you for the specific product giving rise to the claim.
• Product Use Disclaimer: Vaping products contain nicotine, which is an addictive chemical. Urban Smoke TX is not responsible for any health effects, injuries, or adverse reactions resulting from the use of our products. You assume all risks associated with vaping. Always consult a healthcare professional before using vaping products, especially if you have pre-existing health conditions.
• Battery Safety Disclaimer: Lithium-ion batteries can be dangerous if mishandled. Urban Smoke TX is not liable for injuries, fires, explosions, or property damage caused by improper battery use, storage, charging, or handling. Follow all manufacturer safety guidelines.
• Nothing in these Terms excludes or limits liability for:
  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any other liability that cannot be excluded under applicable law

11. Intellectual Property Rights

• All content on this Site, including but not limited to text, graphics, logos, images, product descriptions, videos, audio clips, software, and code, is the property of Urban Smoke TX or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
• The Urban Smoke TX name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Urban Smoke TX or its affiliates. You may not use them without our prior written permission.
• You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on our Site without our express written consent.
• You may print or download one copy of a reasonable number of pages for your personal, non-commercial use only.

12. User Conduct & Prohibited Activities

• Use the Site for any unlawful purpose or in violation of any local, state, federal, or international law
• Impersonate any person or entity, or falsely state your age or affiliation
• Engage in fraudulent transactions, use stolen payment methods, or attempt to circumvent age verification
• Upload, transmit, or distribute viruses, malware, or other harmful code
• Interfere with or disrupt the Site, servers, or networks connected to the Site
• Harvest, collect, or store personal information about other users
• Use automated systems (bots, scrapers, spiders) to access the Site without permission
• Post false, misleading, or defamatory reviews or content
• Attempt to hack, reverse-engineer, or gain unauthorized access to any part of the Site

13. Reviews & User Content

• By submitting reviews, comments, photos, or other content to the Site, you grant Urban Smoke TX a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, and distribute such content.
• You represent that you own or have the right to submit such content and that it does not violate any third-party rights.
• We reserve the right to remove, edit, or refuse to post any user content at our discretion, including content that is offensive, misleading, spam, or violates these Terms.
• Reviews must be honest and based on genuine purchases. Fake reviews, paid reviews without disclosure, or reviews intended to manipulate ratings are prohibited.

14. Third-Party Links

15. Governing Law & Dispute Resolution

• These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles.
• Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Harris County, Texas.
• You consent to the personal jurisdiction and venue of such courts.
• Arbitration Option: For disputes under $10,000, either party may elect to resolve the dispute through binding arbitration administered by the American Arbitration Association (AAA) in Houston, Texas, in accordance with the AAA Commercial Arbitration Rules. The arbitrator’s decision shall be final and binding.

16. Class Action Waiver

17. Indemnification

• Your violation of these Terms
• Your use of the Site or products
• Your violation of any third-party right, including intellectual property or privacy rights
• Any content you submit to the Site

18. Severability

19. Waiver

20. Entire Agreement

21. Changes to These Terms