Terms of service
Effective date: December 15th 2025
Welcome to Smolder USA (“Smolder,” “we,” “us,” or “our”). These Terms of Service (“Terms”) apply to your access to and use of smolderusa.com, any Smolder USA–owned subdomains, our Shopify-hosted storefront (including any *.myshopify.com domain), and any related websites, mobile views, or services operated by Smolder USA (collectively, the “Site”). By accessing, browsing, or purchasing from smolderusa.com, you agree to the following Terms of Service (“Terms”). If you do not agree, do not use this website.
These Terms exist to protect both our customers and our brand.
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1. Eligibility & Age Requirement
You must be 18 years of age or older to access or purchase from Smolder USA. By using this site, you confirm that you are legally permitted to view and purchase intimate apparel.
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2. Ownership & Intellectual Property
All content on this Site is the exclusive property of Smolder USA, including but not limited to:
The Smolder USA name and brand identity
Logos, icons, symbols, color schemes, and visual style
Product names, descriptions, slogans, taglines, and copy
Website design, layout, text, graphics, images, and videos
Quizzes, promotional materials, and marketing concepts
Any unauthorized use, reproduction, imitation, modification, resale, or misrepresentation of Smolder USA intellectual property is strictly prohibited. This includes creating confusingly similar brands, products, websites, social accounts, listings, or marketing materials.
Smolder USA reserves the right to pursue all available legal remedies, including injunctive relief, monetary damages, and recovery of attorneys’ fees, for any infringement, dilution, misappropriation, or attempted impersonation.
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3. Fraud, Impersonation & Interference
Any attempt to interfere with Smolder USA’s business operations is strictly prohibited, including but not limited to:
Payment rerouting or checkout manipulation
Account hijacking or unauthorized access
Impersonating Smolder USA or claiming affiliation
Submitting false ownership, takedown, or legal claims
Interfering with vendors, suppliers, platforms, or processors
Such actions may constitute fraud, intentional interference with business relations, or other unlawful conduct. Smolder USA reserves the right to immediately terminate access, cancel orders, report activity to relevant platforms or authorities, and pursue civil or criminal action where applicable.
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4. Products & Descriptions
We make reasonable efforts to display products accurately. However, product colors, textures, and appearance may vary due to screen settings or manufacturing differences. Fit descriptions and sizing guidance are provided for informational purposes only and are not guarantees.
Smolder USA is not responsible for subjective interpretation of product descriptions or fit.
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5. Pricing & Payments
All prices are subject to change without notice. Taxes and shipping charges are calculated at checkout. Payments are processed through secure third-party providers. Smolder USA does not store complete payment information.
Any fraudulent payment activity, chargeback abuse, or false disputes may result in account termination and recovery actions.
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6. Shipping
Shipping costs, timelines, and delivery expectations are outlined in our Shipping Policy, which is incorporated into these Terms by reference.
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7. Returns, Exchanges & Intimate Apparel Disclaimer
Due to the intimate nature of our products:
Panties, bodysuits, shapewear, and intimate apparel are final sale, except in cases of verified defects
Eligible returns must be unworn, unwashed, and with original tags attached
Returns that do not meet hygiene and safety standards will be refused
Smolder USA reserves the right to determine return eligibility at its sole discretion.
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8. Promotions, Discounts & Quizzes
Promotions, discounts, and offers may change or end at any time without notice. Promo codes have no cash value and may be limited to one per order unless otherwise stated.
Quiz results are recommendations only and do not guarantee personal preference, fit, or satisfaction.
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9. Suppliers & Manufacturing Disclaimer
Smolder USA works with third-party manufacturers, suppliers, and fulfillment partners. While we take care in selecting partners, we are not responsible for delays, variations, or issues arising from supplier operations beyond our reasonable control.
Smolder USA does not guarantee uninterrupted availability of any product and reserves the right to modify or discontinue items at any time.
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10. User Conduct
You agree not to engage in conduct that is unlawful, abusive, deceptive, or harmful to Smolder USA, including harassment, false claims, misuse of the Site, automated access, or malicious attempts to damage the brand or business.
Violation of this section may result in immediate termination of access.
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11. Limitation of Liability
To the fullest extent permitted by law, Smolder USA shall not be liable for any indirect, incidental, consequential, or special damages arising from use of the Site or products.
All products are used at the customer’s own discretion and risk.
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12. Indemnification
You agree to indemnify and hold harmless Smolder USA from any claims, damages, losses, liabilities, or legal expenses arising from your violation of these Terms, misuse of the Site, or unlawful conduct.
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13. Bad-Faith or Frivolous Claims
Any false, malicious, or bad-faith claims, including fraudulent disputes, takedown notices, or knowingly false allegations, may result in counterclaims and recovery of damages, costs, and attorneys’ fees to the maximum extent permitted by law.
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14. Third-Party Services
Smolder USA is not responsible for disruptions, errors, or issues caused by third-party platforms or services, including hosting providers, payment processors, shipping carriers, or social media platforms.
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15. Privacy
Use of the Site is also governed by our Privacy Policy.
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16. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute arising under these Terms shall be brought exclusively in the state or federal courts located within California.
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17. Contact
For customer support or legal inquiries:
Customercare@smolderusa.com
Smolder USA 209-565-0204