Terms of service
1. Seller and scope
These General Terms and Conditions apply to all orders placed through the Pink Smoke Club online store.
The seller and contractual partner is:
Nora Schlemmer
trading as Pink Smoke Club
c/o Impressumservice Dein-Impressum
Stettiner Str. 41
35410 Hungen
Germany
Email: hello@pinksmokeclub.com
Further legal information can be found in our Legal Notice.
For the purposes of these Terms, a “consumer” is a natural person who enters into a transaction primarily for purposes outside their trade, business or profession.
A “business customer” is a natural or legal person acting in the course of their commercial or professional activity.
2. Contract language and accessibility
The contract language is English.
Before submitting an order, you can review and correct the products, quantities, delivery details and payment information entered during checkout.
We will send the order information and these Terms to the email address provided during checkout. Depending on the customer account features available, previous orders may also be accessible through your customer account.
3. Formation of the contract
The presentation of products in our online store does not constitute a legally binding offer. It is an invitation to place an order.
By completing the checkout and clicking the final order button, you submit a binding offer to purchase the products in your cart.
An automated email confirming that we have received your order does not, by itself, constitute acceptance of your offer unless the email expressly states otherwise.
The purchase contract is concluded when we:
- expressly accept your order by email,
- send you a shipping confirmation, or
- dispatch the products,
whichever occurs first.
We reserve the right to reject an order where there is a legitimate reason to do so, including suspected fraud, an obvious pricing error, payment failure, product unavailability or delivery restrictions.
If payment has already been collected and we do not accept the order, the amount collected will be refunded.
4. Products and product presentation
Many Pink Smoke Club products are manufactured specifically after an order is placed.
We make reasonable efforts to display product images, colours, dimensions and materials accurately. The actual appearance of a product may vary slightly due to screen settings, lighting, production methods or differences between individual production batches.
Measurements and size information are approximate unless expressly stated otherwise. Customers are responsible for reviewing the applicable size guide before ordering clothing or accessories.
Minor variations that are customary for the relevant manufacturing or printing process do not constitute a defect, provided that they do not materially reduce the agreed quality or usability of the product.
Your statutory rights concerning defective or incorrectly supplied goods remain unaffected.
5. Availability
All products are subject to availability.
If a product becomes unavailable after you place an order, we will notify you as soon as reasonably possible. We may offer a suitable alternative, but you are not required to accept it.
If we cannot fulfil the order and no alternative is agreed, the affected order or product will be cancelled and any payment already received will be refunded.
6. Prices, taxes and payment
The price applicable to your order is the price displayed during checkout when the order is submitted.
The total amount payable, including shipping charges and any taxes collected by us, will be displayed before you submit your order.
Depending on the delivery destination, additional customs duties, import taxes or handling charges may be imposed by local authorities or delivery providers.
Unless the checkout expressly states that these amounts are included, such charges are not collected by us and are the responsibility of the recipient.
Available payment methods are displayed during checkout. Payment processing may be carried out by Shopify Payments, PayPal or another payment service provider.
You must provide accurate and complete billing and payment information and must be authorised to use the selected payment method.
7. Discount codes and promotions
Discount codes and promotional offers are subject to the conditions communicated with the relevant promotion.
Unless expressly stated otherwise:
- discount codes cannot be combined,
- discount codes cannot be exchanged for cash,
- discounts cannot be applied retrospectively,
- a discount applies only during the stated promotional period.
We may refuse or cancel the use of a discount code where it has been used fraudulently, unlawfully or contrary to the applicable promotional conditions.
8. Production, shipping and delivery
Estimated production and delivery times are shown on the relevant product page, during checkout or in our Shipping Policy.
Delivery dates are estimates unless we have expressly agreed to a binding delivery date.
Products may be manufactured and shipped by third-party print and fulfilment partners. Your contractual partner remains Pink Smoke Club.
You are responsible for providing a complete and accurate delivery address. If a delivery fails because the address provided was incorrect or incomplete, additional shipping costs may be charged where legally permitted.
We may deliver an order in separate packages where this is reasonable. You will not be charged additional shipping fees solely because we divide an order into multiple shipments.
For consumers, the risk of accidental loss or damage passes when the products are delivered to you or to a person designated by you.
For business customers, the risk passes when the products are handed over to the carrier or another person responsible for transportation.
9. Delays and events outside our control
We are not responsible for a delay or failure caused by an event outside our reasonable control, including severe weather, natural disasters, strikes, transport interruptions, customs delays, government action, armed conflict, widespread technical outages or disruptions affecting production partners.
We will inform you where such an event materially affects your order and will take reasonable steps to limit the consequences.
Your statutory rights, including any right to terminate the contract because of a significant delay, remain unaffected.
10. Changes and cancellations
Please review your order carefully before submitting it.
Because products may enter production shortly after the order is placed, we cannot guarantee that an order can be changed or cancelled after submission.
To request a change or cancellation, contact us as soon as possible at:
If production has not started, we will try to accommodate the request. If production has already started or the order has been dispatched, a cancellation may no longer be operationally possible.
This section does not limit any statutory right of withdrawal or other mandatory consumer right.
11. Right of withdrawal and returns
Consumers may have a statutory right to withdraw from an online purchase, particularly where an order is delivered within the European Union.
Details about the statutory right of withdrawal, return procedure, deadlines, return costs and exclusions are set out in our Right of Withdrawal and Refund Policy.
Regular products are not automatically excluded from the statutory right of withdrawal merely because they are manufactured after an order is placed.
Products individually personalised according to the customer’s specifications may be excluded where applicable law permits this.
Any voluntary return policy offered by us applies in addition to statutory rights and does not restrict them.
12. Defective, damaged or incorrect products
Please contact us if a product is defective, damaged during delivery or different from the product ordered.
Email:
Please provide your order number, a description of the problem and clear photographs where reasonably possible.
Depending on the circumstances and applicable law, we may provide a replacement, repair, price reduction, refund or another legally required remedy.
Customers will not be required to pay necessary return or replacement costs for products that were defective, damaged or incorrectly supplied.
Your statutory warranty and consumer rights remain unaffected.
13. Retention of title
Products remain our property until the purchase price has been paid in full.
For business customers, we retain title to the delivered products until all outstanding claims arising from the business relationship have been paid in full, where legally permitted.
14. Customer accounts
You may be able to create or access a customer account using the email address provided to us.
You are responsible for ensuring that your account information is accurate and for preventing unauthorised access to your email account or customer account.
You may not sell, transfer or provide your customer account to another person.
We may suspend access to an account where we reasonably suspect fraud, unlawful activity, a security risk or a serious violation of these Terms.
15. Permitted use of the store
You may use our store only for lawful purposes.
You must not:
- interfere with the security or operation of the store,
- introduce malware or harmful code,
- attempt to gain unauthorised access to systems or customer information,
- use automated tools to scrape or extract substantial portions of the store,
- use the store to infringe intellectual property or privacy rights,
- submit fraudulent orders or false information,
- harass other customers, our team or our service providers.
We may restrict access where reasonably necessary to protect the store, customers or third parties.
16. Intellectual property
Unless otherwise stated, the content of the Pink Smoke Club store, including designs, illustrations, graphics, photographs, videos, written content, logos, slogans and product presentations, is owned by or licensed to us.
The content may be viewed and used for personal, non-commercial purposes only.
You may not reproduce, sell, distribute, modify, publish, commercially exploit or create derivative products from our content without prior written permission.
Purchasing a physical product does not transfer any copyright, trademark or other intellectual property right in the design printed on that product.
Third-party names and trademarks remain the property of their respective owners.
17. Reviews and customer content
If you voluntarily submit a product review, photograph, comment or other content, you confirm that:
- you created the content or have permission to submit it,
- the content does not infringe the rights of another person,
- the content is not unlawful, misleading, abusive or discriminatory.
You retain ownership of your content.
You grant us a non-exclusive, worldwide and royalty-free licence to store, reproduce and display the content in connection with our store, products and marketing.
We may remove content where we reasonably believe it violates these Terms or applicable law.
Any compensation or incentive received in connection with a review must be clearly disclosed.
18. Third-party services and links
Our store may contain links to websites or services operated by third parties.
We are not responsible for third-party websites, their content or their privacy practices. Your use of a third-party service may be subject to separate terms between you and the relevant provider.
Nothing in this section limits our responsibility for third parties we use to fulfil our own contractual obligations.
19. Relationship with Shopify
Our online store is hosted and powered by Shopify.
All purchases made through the store are made directly between you and Pink Smoke Club. Shopify is not the seller of our products and is not responsible for the manufacture, fulfilment, quality or legality of products sold by us.
To the extent permitted by applicable law, Shopify and its affiliates are not responsible for claims, losses or damage arising solely from a purchase made from Pink Smoke Club.
Nothing in this section excludes liability that cannot legally be excluded.
20. Privacy
We process personal information in accordance with our Privacy Policy.
Shopify and other service providers may process personal information in order to host the store, process payments, fulfil orders, prevent fraud and provide related services.
Further information about the parties involved, processing purposes, international data transfers and your rights can be found in our Privacy Policy.
21. Liability
We are liable without limitation:
- for damage caused intentionally or through gross negligence,
- for injury to life, body or health,
- under mandatory product liability law,
- where we have fraudulently concealed a defect,
- where we have expressly provided a guarantee.
In cases of slight negligence, we are liable only for the breach of an essential contractual obligation whose fulfilment is necessary for the proper performance of the contract and on which the customer could reasonably rely.
In such cases, liability is limited to the damage that was foreseeable and typical when the contract was concluded.
Any further liability is excluded to the extent permitted by law.
These limitations also apply to our legal representatives, employees, agents, contractors and fulfilment partners.
Mandatory statutory rights remain unaffected.
22. Governing law and jurisdiction
These Terms and the contractual relationship between you and us are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
If you are a consumer, this choice of law does not deprive you of the protection provided by mandatory provisions of the country in which you have your habitual residence.
The statutory rules on jurisdiction apply to consumers.
If you are a merchant, a legal entity under public law or a special fund under public law, the courts having jurisdiction at our place of business shall have exclusive jurisdiction, where legally permitted.
23. Consumer dispute resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, unless a legal obligation to participate applies in an individual case.
24. Changes to these Terms
We may amend these Terms where necessary because of changes to the store, our services or applicable legal requirements.
Changes apply only from the stated effective date and do not retroactively change orders already concluded, unless required by law or expressly agreed with the customer.
The version available when an order is submitted applies to that order.
25. Severability
If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain unaffected.
The invalid provision will be replaced by the applicable statutory rule.
26. Contact
Questions about these Terms or an order can be sent to:
Nora Schlemmer
trading as Pink Smoke Club
c/o Impressumservice Dein-Impressum
Stettiner Str. 41
35410 Hungen
Germany
Email: hello@pinksmokeclub.com