LEGAL STATEMENT
1. Qualification as User
3. Content Descriptions and Limitation of Liability
By using this Website and its contents, you agree to comply with these Terms and Conditions of Use. You may only use this Website and its contents in full compliance with these Terms, provided you have the legal capacity to form a binding contract with the Website Owner and that there is no law or regulation preventing it.
4. Prices
The prices to access the full movies indicated on the Website include VAT for EU countries.
5. Payment
The USER is prompted to complete the payment once the product order has been placed. A Proof of purchase will be sent to the email account stated by the USER during checkout or registration. Once completed the payment, the User will receive an email with download links for the purchased products for inmediate download. Additionally the download links will be displayed on the website right after the payment. The download links will be always accesible if the USER has created an account on the Website. The completion of the payment corresponding to the placed order is done by the User by credit debit card or wallet accounts through any of the multiple payment platforms that are offered during checkout. The User must notify the Administrator of the Website of any undue or fraudulent charge on the card used for purchases, by email, in the shortest possible time so that the Administrator can carry out the timely management.
6. Data Transmission Security
The WEBSITE employs the highest commercially available security measures in the sector. The payment process takes place on a secure server using the SSL (Secure Socket Layer) protocol. This ensures that all information transmitted between the User and the Website is encrypted, making it unintelligible and unreadable to any third party.
The SSL protocol provides the following guarantees:
The USER is communicating their data directly with the web server of the Website Administrator, not with any other server attempting to impersonate it.
The data exchanged between the User and the web server is securely encrypted, preventing any unauthorized third parties from reading or modifying the information.
This ensures the integrity and privacy of all communications including the payment process and throughout the use of the website.
7. Order Completion
8. Refund and Cancellation Policy for Digital Products
In accordance with the Directive 2011/83/EU on Consumer Rights , the General Data Protection Regulation (GDPR – EU 2016/679) , and other applicable EU consumer protection laws, the following terms apply to refunds and cancellations for digital media (downloadable or streamable) purchased on this website:
8.1 Right of Withdrawal
Under Article 16(m) of Directive 2011/83/EU, Users generally have the right to withdraw from a purchase within 14 days . However, this right does not apply to digital media once the download or streaming process has begun, provided that:
The User has expressly consented to the immediate delivery of the digital media.
The User has acknowledged that they will lose the right of withdrawal once the download or access to the digital media has started.
8.2 Loss of Withdrawal Rights
By completing your purchase and beginning the download or access to the digital media, you:
Provide your explicit consent for the immediate delivery of the media.
Confirm your understanding that you waive the statutory right of withdrawal as per Article 16(m) of Directive 2011/83/EU.
8.3 Refunds for Defective Media
If the digital media is defective, does not function as described, or fails to meet reasonable expectations, you are entitled to a resolution. This may include:
A replacement of the defective media.
A refund, as per the provisions of EU consumer protection laws, including the Digital Content Directive (EU 2019/770) .
8.4 User Obligations
It is the User’s responsibility to ensure their device meets the technical requirements and that their internet connection is stable for downloading or streaming. To ensure compatibility, we offer files in lower resolutions alongside higher-quality formats.
8.5 Procedure for Refund Requests
Refund requests for defective media must be submitted to support@smokingsweeties.com within 14 days of purchase, along with evidence of the defect.
Refunds will not be processed for media already downloaded or accessed unless the defect is confirmed.
8.6 Applicable Laws
This policy is governed by:
Directive 2011/83/EU on Consumer Rights.
Digital Content Directive (EU 2019/770).
National consumer protection laws of the applicable EU member state.
By completing your purchase, you agree to these terms. For further assistance, please contact support@smokingsweeties.com .
9. Intellectual and Industry Property
2. Access and stay on the Website
2.1. CONTENT DISCLAIMER
The Website Owner explicitly states that the content provided, including videos featuring models smoking, is not intended to promote or encourage the imitation of such acts. The content presented aims solely to capture a visual element of human expression, reflecting a cultural attitude or aesthetic that was part of a specific time period. The intention is not to glorify smoking or its associated behaviors, but rather to document them as a part of our cultural history.
This website does not advocate for the use of tobacco or any other harmful substances. The videos and interviews are presented in an artistic documentary format, focusing on human expression, personal choice, and cultural context, without endorsing or encouraging these behaviors. The content does not promote smoking, nor does it support any particular stance on the subject.
By accessing or using this website, you acknowledge that the content is for informational, cultural, and entertainment purposes only. Any interpretation of the content as encouragement or promotion of smoking is not the intention of the Website Owner and does not reflect the purpose behind the content.
All models and actresses appearing in the content have voluntarily participated, with full knowledge that the recordings would be published on this website. Each individual has signed consent forms authorizing the use of their image and voice for this purpose. All models and actresses featured are smokers in real life, and their participation in the videos did not influence or encourage any increase in their habitual consumption.
2.2. THE CONTENTS
The USERS are fully responsible for their conduct when accessing the contents on the WEBSITE, while they are browsing it, as well as after they have accessed it.
As a consequence of this, the Users are the only responsible before the Website Owner and third parties of:
The consequences that may arise from the use, for purposes or effects illicit or contrary to this document, of any content of the Website, prepared or not by the Website Owner, published or not under his/her official name.
The consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that may in any way damage, disable or impair the Website, or its services or prevent normal enjoyment by other Users.
The Website Owner reserves the right to update the contents when it deems appropriate, as well as to eliminate, limit or prevent access to them, temporarily or permanently, as well as denying access to the WEBSITE to USERS that misuse the contents and/or breach any of the terms and conditions that appear in this document.
The Website Owner informs that it does not guarantee:
That the access to the Website, and/or the linked websites are uninterrupted or free of error and that its contents are constantly available in the future, either totally or partially.
That the content or software to which the Users access through the web, or the linked websites, is complete, truthful, accurate, or that does not contain any error, computer virus or other elements in the contents that may cause alterations in your system or in electronic documents and files stored in your computer system or cause other types of damage.
The use of the information or content of the Website, or linked websites, that USERS could make for their personal purposes, or that the information offered be adapted to your needs and be suitable for the User.
The information contained in this Website must be considered by the Users as informative and guiding, both with respect to its purpose and its effects, so:
The Website Owner does not guarantee the accuracy of the information on the Website, and therefore does not assume any responsibility for the possible damages or inconveniences for the Users that could derive from any inaccuracy present on the Website.
2.3. LIMITATION OF LIABILITY
The Website Owner does not assume any derived liability, by way of example but not limited to:
The use that the Users may make of the Website materials or linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the Website content, or of third parties.
The possible damages and losses to the Users, caused by a normal or abnormal functioning of the search tools, of the organization or location of the contents and/or access to the Website, and, in general, the errors or problems that are generated in the development or instrumentation of the technical elements that the Website, or a program, facilitates to the USER.
The contents of those pages to which the Users can access from links included in the Website, whether authorized or not.
The acts or omissions of third parties, regardless of whether these third parties could be linked to the Administrator of the Website through contractual channels.
The access of minors to the contents included in the Website, being the responsibility of their parents or guardians to exercise an adequate control over the activity of the children or minors under their care or to install any of the control tools of the use of the Internet in order to prevent access to materials or contents that are not suitable for minors, as well as the sending of personal data without the prior authorization of their parents or guardians.
The Website Owner will not be responsible in any case when the following occurs:
Any errors or delays in accessing the Website by the User, or when completing the checkout process or submitting their order for downloadable content, or issues such as slow or failed delivery of order confirmations to recipients, as well as any anomalies arising from internet problems, unforeseen circumstances, force majeure, or any other unforeseen event beyond the control and good faith of the Website Owner, are not the responsibility of the Website Owner
Errors or incidents that may occur in communications, deletion or incomplete transmissions, so that the services of the website are not guaranteed to be constantly operative.
Errors or damages produced to the Website due to an inefficient and bad faith use by the User.
The non-operation or problems in the email address provided by the User, for sending the confirmation of the order and the access to the purchased contents.
The Website Owner is dedicated to addressing any issues that may arise and providing the necessary support to the User, ensuring a prompt and satisfactory resolution of any incidents or mistakes.
11. Privacy Policy
Users agree to browse the Website and use the content in good faith.
In compliance with the provisions of the GDPR-EU-2016/679, the LOPDGDD-3/2018, updated on 09/05/2013, the LSSI-34/2002, and the General Telecommunications Law 11/2022, we inform you that completing any form on the Website: https://smokingsweeties.com, or sending an email to any of our mailboxes implies acceptance of this Privacy Policy, as well as authorization for the Website Owner to process the personal data you provide, which will be incorporated into a file owned by the Website Owner.
The Users’ data will be used to send, via email, both online and offline transactions carried out by the Website Administrator.
By merely visiting the Website, Users do not provide personal information, nor are they obligated to provide it.
The Website Owner agrees to maintain the utmost confidentiality and discretion regarding the information provided and to use it only for the specified purposes. The Website Owner assumes that the data has been entered by the User or by a person authorized by them, and that it is correct and accurate.
Submitting your data via the form(s) on our Website is conditional on having read and accepted the Terms of Use and Privacy Policy.
In accordance with the provisions of Law 34/2002, on Services of the Information Society and Electronic Commerce, Article 21, we request your consent to send advertising communications that we believe may be of interest to you, via email or any other equivalent electronic communication method. This consent will be accepted upon accepting these Terms of Use via a checkbox at the bottom of the form or web page.
In compliance with current data protection legislation, the Website Owner has adopted appropriate security measures for the data provided by the Users and has implemented all available means and measures to prevent loss, misuse, alteration, unauthorized access, and extraction of such data.
The Website Owner informs of the possibility to exercise the rights of access, rectification, opposition, deletion, limitation, and portability. These rights can be exercised through any method that provides proof of its submission and reception, to the Website Administrator’s address or to the email: support@smokingsweeties.com , providing a photocopy of the ID or alternative documentation that proves your identity. In accordance with Article 12.3 of the GDPR-EU-2016/679, the data controller will provide the interested party with information regarding their personal data and others, based on a right request in accordance with Articles 15 to 21, with a response within a maximum of one month from the receipt of the request. The interested party may file a complaint with the Control Authority, AEPD, ACPD, or AVPD.
12. Nullity
In case any clause of these terms and conditions of use is declared void, the remaining clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these terms and conditions.
The Website Owner may not exercise any of the rights and powers conferred in this document, which shall not imply any waiver of the same unless expressly acknowledged by the Website Owner or prescription of the action. that in each case corresponds.
14. Applicable law and arbitration
13. Modification of the Terms of Use
Terms of Use
Last Updated: 14 January 2025.
To qualify as a USER of this Website, you warrant and agree to the following:
You are at least 18 years of age (or 21 years old where the legal age is not 18).
You have the legal right to access adult content and tobacco product consumption images in your country and community.
You do not find offensive or undesirable images or references to tobacco consumption, partial nudity, or other adult content, and viewing such content does not violate any laws or community standards in your location.
You will not expose this Website or its contents to minors or individuals who may be offended by such material.
You are responsible for knowing and understanding the laws and regulations of your community, the site, and the device you use to access this Website, and you are solely responsible for your actions. If you use this Website and its Contents in violation of these Terms, you understand that you may be infringing local and/or federal laws, and you take full responsibility for your actions.
You acknowledge that the creators of this content do not endorse, condone, or encourage engaging in any conduct depicted in the content of this Website.
Your login data, password, download links, and downloaded content are for your personal use only. You agree not to copy, sell, resell, redistribute, or make accessible any data or content from this Website to anyone other than yourself.
You agree not to engage in illegal activities or any actions that may harm the rights of third parties.
You agree not to damage, overload, or disrupt the normal operation of the Website or its content.
If you can not comply with these Terms and Conditions of Use, you must immediately leave this Website.
Through this website, smokingsweeties.com , the Website Owner provides artistic images and videos featuring models who are smokers in real life, including interviews with sound and voice. The Website offers free previews of its movies and images, as well as the option to purchase full versions of these movies.
USERS wishing to purchase movies must provide a name and email address through the Checkout form. Creating an account is optional to complete the purchase process. This requirement is in accordance with Article 13 of the General Data Protection Regulation (EU) 2016/679.
The minimum age to access and use this Website is 18 years (or 21 years in jurisdictions where the legal age is higher). If we become aware that any personal data has been provided by a minor, we will take appropriate steps to remove it. Please contact us if you believe this has occurred.
The term of data retention for USERS will be as required by applicable regulations.
The Delegate for Data Protection (DPD) is GRUPO QUALIA dpd@grupoqualia.net