In order to process your personal data securely and with privacy, your consent is required in compliance with the GDPR-UE-2016/679, specifically Articles 5, 6, 7, and 13, as well as the Spanish Organic Law 3/2018 (LOPDGDD), Title II, and Law 1/2019 on Trade Secrets. You are informed that the data controller will be the Website Owner, who will process the information in a lawful, fair, and transparent manner in relation to the data subject, for specified, legitimate, and explicit purposes. The data will be handled in a manner that ensures appropriate security through the implementation of suitable technical and organizational measures.

Data to be Processed: Personal and administrative data.

Purpose: To manage the customer relationship on the website.

Data will only be shared with third parties when legally required, and you have the right to file a complaint with the relevant supervisory authority.

In the event of a personal data breach, in accordance with Article 33 of the GDPR, the data controller will notify the competent supervisory authority without undue delay, and if possible, within 72 hours of becoming aware of the breach.

By registering on this website, you provide your personal or legal data for the purpose of managing your customer account. By accepting the terms and conditions of sale and registration via the checkbox or button in the registration form, you accept the terms of the website and consent to the processing of your personal data.

1.1. CONSENT OF MINORS:

In accordance with Article 6(f) of the GDPR-UE-2016/679 and Article 84 of the Spanish Organic Law 3/2018 (LOPDGDD), regarding the protection of minors online, individuals under the age of 16 cannot provide valid consent for an online service to collect their personal data. Only their legal representatives (parents or guardians) may do so on their behalf, unless the minor is at least 16 years old, in which case the consent is considered valid.

Given that this website contains adult content, access is strictly prohibited to individuals under 18 years of age. By registering on this website, users affirm that they are of legal age to access adult material in their jurisdiction.

This Website offers an online collection of videos titled “SmokingSweeties” featuring models and actresses who are smokers in real life. The project does not seek to promote smoking but rather highlights the beauty, personality, and sensuality of these real-life models as they showcase their smoking habits through a series of videos.

The Website serves as a platform to exhibit this collection of videos, which includes interviews and various scenes featuring smokers. Some content is available for free preview to all visitors, while the full-length films are available for purchase after registering and completing the purchase process.

The prices for viewing the Full Movies on the Website, including VAT for EU countries, will be shown during the checkout process and can be found in the “My Account” section under the “Orders” tab.

Once the order is completed, meaning that payment has been processed and the Terms of Sale, Terms of Use, and Registration (if applicable) have been accepted, the User/Customer will receive download links for the Full Movies. These links will be provided both on-screen and via email.

If the User has created an account, the download links and the streaming link for the Full Movies will also be available in the “My Account” section, under “Downloads” and “My Videos.

The User/Customer will complete the payment in Euros (€) upon confirming the order to access the full movie viewing, either by download or streaming.

The User/Customer must pay the corresponding amount using the available payment methods, including DEBIT CARD, VISA, MASTERCARD, and other available options.

In case of any unauthorized or fraudulent charge, the User/Customer must promptly notify the Website Owner by email at support@smokingsweeties.com, so that the Website Owner can take appropriate actions.

This Website does not process, store, or handle any sensitive financial information, such as credit card data. All payment transactions are securely processed by our third-party payment processor, who is fully responsible for compliance with the PCI-DSS (Payment Card Industry Data Security Standard) regulations.

As the Website Owner, we ensure that our chosen payment processor adheres to these security standards, but we do not handle or store any sensitive payment data ourselves.

The Website implements the highest commercially available security measures in the industry. It uses a secure server to establish an encrypted connection, utilizing 128-bit to 256-bit encryption algorithms. This is achieved through the SSL (Secure Socket Layer) protocol, which ensures the privacy and integrity of communications between the User and the Website Owner.

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.

In accordance with Spanish and EU consumer protection laws, including Real Decreto Legislativo 1/2007 (Articles 69, 71, and 76) and Law 3/2014 (Articles 71, 104(b), 107, and 108), the digital products purchased on this website (videos for download or streaming) are not eligible for return or refund due to the nature of the product (digital media).

Once the purchase has been confirmed and the download or streaming process has begun, the User acknowledges that they forfeit their right of withdrawal, as the product is considered consumed.

This policy is in line with the provisions of Directive 2011/83/EU on Consumer Rights, which excludes the right to withdraw for the purchase of digital content once the download or access to the content has started.

In accordance with Article 103 of Spanish Law 3/2014, the right of withdrawal will not apply to contracts under the following circumstances:

• The provision of services once the service has been fully performed, where the execution has started with the consumer’s prior express consent, and the consumer acknowledges that once the contract has been fully performed by the seller, they will lose their right of withdrawal.
• The supply of goods made to the consumer’s specifications or clearly personalized.
• The supply of sealed audio or video recordings, or sealed software programs that have been unsealed by the consumer after delivery.
• The supply of digital content not provided on a tangible medium, where the execution has started with the consumer’s prior express consent, and the consumer acknowledges that they lose their right of withdrawal as a result.

The Website Administrator processes cancellations and withdrawals in compliance with local laws and applicable EU Directives mentioned above.

These terms and conditions of sale and use are governed by the applicable Spanish legislation. To resolve any dispute or conflict arising from these terms, the parties submit to the jurisdiction of the courts of SABADELL, the location of the Website owner, unless the law mandates another jurisdiction.

Before resorting to any formal dispute resolution mechanisms, we encourage users to contact the website owner to attempt to resolve any disputes amicably. Users can email support@smokingsweeties.com describing the conflict or complaint.

In accordance with Law 7/2017 of November 2, Article 40.5, which incorporates Directive 2013/11/EU into Spanish law, and Regulation (EU) 524/2013 of the European Parliament and Council of May 21, Article 5.1, regarding alternative dispute resolution for consumer purchases of online products: Online dispute resolution platform: (click here).