Terms
of Use

You must be at least 18 years old and legally capable of entering into a binding contract to use this website, join a product waitlist, or purchase a Smelldos product.

By using the website or placing an order, you represent that:

• →You are at least 18 years old.
• →The information you provide is truthful and accurate.
• →You are legally authorized to use the payment method submitted with your order.
• →Your purchase, delivery, possession, display, and use of the product will comply with applicable laws and any applicable workplace, housing, or venue rules.

We may refuse or cancel access, subscriptions, or orders if we reasonably believe these requirements have not been met.

Smelldos are phallic-shaped novelty air fresheners and decorative display objects.

They are designed solely for external display and ambient fragrance use in accordance with the instructions and warnings provided on the website, product, packaging, and accompanying materials.

Smelldos are not sex toys, medical devices, cosmetics, personal-care products, food products, therapeutic products, or products intended for intimate use.

The shape, appearance, name, color, scent, packaging, or marketing of a Smelldos product does not authorize or indicate any use other than its expressly stated intended use.

Important Product Safety Warning

WARNING — NOT FOR INTERNAL USE OR BODILY INSERTION

Do not:

Smelldos products are permanently marked with the statement “NOT FOR INTERNAL USE.” You must not remove, cover, obscure, or disregard this warning.

Misuse may cause serious physical injury, irritation, allergic reaction, chemical exposure, choking, obstruction, or other harm requiring medical treatment.

If irritation or an unexpected reaction occurs during ordinary handling, discontinue handling the product and seek appropriate medical advice. If a product is swallowed, inserted into the body, or causes an urgent injury, seek immediate medical assistance.

Product descriptions on the website do not replace the warnings or instructions printed on the product, packaging, or accompanying materials. You are responsible for reading and following all warnings and instructions before handling or displaying the product.

Smelldos products contain fragrance compounds.

Individual sensitivity to fragrance and other materials varies. Do not purchase or handle the product if you know or suspect that you are sensitive or allergic to any identified material or fragrance ingredient.

Fragrance intensity and perception may vary based on the product, production batch, age, storage, temperature, ventilation, environment, and individual perception. A difference in perceived fragrance intensity does not necessarily indicate that a product is defective.

Use the product only in a reasonably ventilated area and in accordance with its display and storage instructions. Do not place it directly against food, beverages, cookware, clothing, unfinished surfaces, or other materials that may absorb fragrance or experience discoloration or transfer.

We may provide information concerning product materials, manufacturing, or independent laboratory testing.

Any testing statement applies only to:

• →The specific samples tested.
• →The particular production lot identified, when applicable.
• →The substances, methods, standards, and reporting limits stated in the relevant testing documentation.

Testing for selected substances does not establish that a product is free from every possible substance or hazard. Terms such as “not detected” generally mean that a substance was not detected above the laboratory method’s applicable reporting or detection limit; they do not necessarily mean that the substance is completely absent.

No laboratory testing statement means or implies that a Smelldos product is suitable for bodily insertion, intimate use, ingestion, oral contact, genital contact, or contact with mucous membranes.

We do not represent that our products are “body-safe,” “medical-grade,” “hypoallergenic,” “chemical-free,” or suitable for uses other than their expressly stated intended use unless we provide a specific written statement supporting that exact claim.

We make reasonable efforts to display and describe products accurately. However:

• →Colors may appear differently depending on screens, lighting, photography, and production variations.
• →Fragrance perception is subjective.
• →Handmade or limited-production items may have minor visual differences.
• →Packaging and product details may change when reasonably necessary.

Product images are illustrative and may not perfectly represent the item received.

We may correct typographical errors, inaccurate descriptions, pricing mistakes, availability errors, or other website errors at any time. If an error materially affects an order you have already placed, we will contact you and, where appropriate, allow you to confirm the corrected order or receive a refund.

Submitting an order is an offer to purchase the identified products under these Terms. An automated order confirmation acknowledges receipt of the order but does not necessarily constitute final acceptance.

We may accept, reject, limit, or cancel an order for legitimate reasons, including:

• →Product unavailability.
• →Pricing or listing errors.
• →Suspected fraud or unauthorized payment.
• →Shipping restrictions.
• →Orders apparently placed by or for a person under 18.
• →Suspected unauthorized resale.
• →Suspected unlawful, abusive, or harassing use.
• →A violation of these Terms.
• →Circumstances outside our reasonable control.

An order is accepted when we send a shipment confirmation or otherwise expressly confirm acceptance.

If we cancel an order after payment has been collected, we will refund the applicable amount to the original payment method, subject to payment-processor timing.

We may limit quantities purchased by one person, household, address, payment method, or account.

Prices are stated in U.S. dollars unless otherwise indicated.

Applicable taxes, shipping fees, and other charges will be disclosed during checkout before the order is submitted.

You authorize us and our payment providers to charge the submitted payment method for the full amount shown at checkout. You are responsible for providing accurate billing information and for resolving any payment authorization issues.

We do not directly receive or store complete payment-card numbers when payments are processed through third-party payment providers. Those providers process payment information under their own terms and privacy practices.

Products identified as preorders, advance orders, crowdfunding rewards, or not-yet-released products may be subject to production and transportation delays.

Any estimated launch, shipment, or delivery date is a good-faith estimate based on the information reasonably available when the estimate is provided. It is not a guarantee unless we expressly state otherwise.

If we cannot ship within the timeframe promised at the time of purchase, we will provide any notice, consent opportunity, cancellation option, or refund required by applicable law.

Our Shipping Policy is incorporated into these Terms.

You are responsible for providing a complete and accurate delivery address. Contact us promptly if you discover an error. We cannot guarantee that an address can be changed after an order enters processing or fulfillment.

Delivery dates are estimates unless expressly guaranteed. Carrier delays, weather, customs, labor interruptions, address problems, and other events outside our reasonable control may affect delivery.

If tracking information appears incorrect, a package arrives damaged, or an order does not arrive within the expected period, contact us at sniffsupport@smelldos.com so we can review the matter and, where appropriate, assist with a carrier investigation.

Nothing in these Terms eliminates rights or remedies that cannot legally be waived.

Our Returns and Refunds Policy is incorporated into these Terms.

Because of the nature and shape of the products, opened products may not be eligible for change-of-mind returns. This restriction does not eliminate any remedy available for a product that arrived damaged, defective, contaminated, incorrect, or materially different from the product ordered.

If you believe a product is damaged or defective:

1. 1Stop using or handling it beyond what is reasonably necessary.
2. 2Preserve the product, packaging, warnings, shipping materials, and lot information.
3. 3Photograph the product and packaging when it is safe to do so.
4. 4Contact us promptly at sniffsupport@smelldos.com.
5. 5Follow the return, preservation, or disposal instructions we provide.

Do not mail a product that has been inserted into the body, exposed to bodily fluids, contaminated, or used contrary to its warnings unless Smelldos provides specific written instructions authorizing the return.

We may request photographs, proof of purchase, lot information, packaging information, or other reasonably necessary details to investigate a reported issue.

Purchases made through another retailer may also be subject to that retailer’s return procedures. This does not limit any rights that cannot lawfully be waived.

You may purchase a product as a gift for another adult, provided the delivery and intended use are lawful, appropriate, and consistent with these Terms.

You may not purchase, send, deliver, display, or use a Smelldos product:

• →To harass, threaten, intimidate, humiliate, stalk, or cause distress to another person.
• →As unwanted sexual conduct or unwanted sexually suggestive material.
• →In violation of workplace, school, housing, venue, or organizational rules.
• →For or to anyone under 18.
• →To impersonate another person.
• →In connection with unlawful conduct.

Gift orders may allow the purchaser’s name to be omitted from an enclosed message or packing document. This does not make the transaction anonymous to Smelldos. We retain order and transaction information as described in our Privacy Policy and as required for legitimate business, safety, fraud-prevention, insurance, and legal purposes.

You are responsible for determining whether the recipient has consented to or would reasonably welcome the delivery.

Products purchased directly from Smelldos are intended for personal use or lawful gifting unless we approve resale in writing.

You may not:

• →Resell products as new after opening, modifying, relabeling, repackaging, or altering them.
• →Remove or obscure safety warnings, lot codes, labels, or identifying marks.
• →Make unsubstantiated safety, health, intimate-use, or performance claims about our products.
• →Represent yourself as an authorized Smelldos dealer, agent, employee, or representative without written permission.
• →Sell or distribute counterfeit Smelldos products.
• →Use Smelldos intellectual property in a misleading manner.

Unauthorized modification, relabeling, or repackaging voids any voluntary remedy we might otherwise offer to the extent permitted by law.

Report suspected product defects, adverse reactions, injuries, packaging failures, missing warnings, or other safety concerns promptly to:

Please include, when available:

• →Your name and contact information.
• →Order number.
• →Product name.
• →Lot or batch number.
• →Date and place of purchase.
• →A description of what occurred.
• →Photographs of the product, warning, and packaging.
• →Whether medical care was sought.

Submitting a report does not waive any rights. We may preserve and use the information to investigate the matter, comply with legal obligations, communicate with insurers or advisors, and take appropriate corrective action.

If we issue a safety notice, corrective action, or recall, you agree to follow the instructions provided.

Website content is provided for general product information and entertainment. It is not medical, toxicological, legal, therapeutic, or other professional advice.

Statements about scent, atmosphere, memories, emotions, or experiences are marketing descriptions and are not claims that the product diagnoses, treats, cures, prevents, or improves any medical or psychological condition.

Consult an appropriate qualified professional regarding medical concerns, allergies, sensitivities, or injuries.

You may use the website only for lawful personal purposes and in accordance with these Terms.

You may not:

• →Interfere with the website's operation or security.
• →Introduce malware, malicious code, or harmful technology.
• →Attempt to gain unauthorized access to accounts, systems, or information.
• →Scrape, harvest, copy, or extract content or data through automated means without written permission.
• →Use bots to purchase limited products or circumvent quantity restrictions.
• →Submit false information.
• →Use the website to commit fraud or violate another person's rights.
• →Misuse contact forms, review features, or customer-service channels.
• →Reproduce or commercially exploit website content without authorization.

We may suspend or restrict access when reasonably necessary to protect the website, customers, Smelldos, or third parties.

The website and its contents—including the Smelldos name, logos, characters, product names, fragrance names, artwork, photography, packaging, text, graphics, videos, designs, and software—are owned by or licensed to Smelldos and are protected by applicable intellectual-property laws.

We grant you a limited, revocable, nonexclusive, nontransferable right to access the website for personal, noncommercial use.

No ownership rights are transferred to you. You may not copy, reproduce, modify, distribute, sell, license, display, create derivative works from, or commercially exploit our intellectual property without prior written permission.

If you submit a review, photograph, comment, testimonial, message, suggestion, or other content, you represent that:

• →You created it or have permission to submit it.
• →It accurately reflects your genuine experience or opinion.
• →It does not violate another person's privacy, publicity, copyright, trademark, or other rights.
• →It is not fraudulent, misleading, defamatory, threatening, obscene, or unlawful.
• →You have disclosed any material relationship, discount, free product, payment, employment, or other incentive connected to the submission.

You retain ownership of your content. You grant Smelldos a nonexclusive, worldwide, royalty-free, transferable and sublicensable license to host, reproduce, adapt, publish, display, and distribute that content for operating, promoting, and improving our business, subject to applicable law.

We may moderate or remove content that violates these Terms, but we are not obligated to publish every submission.

We do not require reviews to express a positive sentiment. Any incentive offered for a review must not be conditioned on the review being positive.

The website may use or link to third-party services, including payment processors, email providers, analytics providers, social platforms, shipping carriers, and external websites.

We do not control third-party services and are not responsible for their independent content, availability, security, terms, or privacy practices. Your use of a third-party service may be governed by separate terms between you and that provider.

A link or integration does not necessarily constitute an endorsement.

Our Privacy Policy explains how we collect, use, disclose, and retain personal information. It is incorporated into these Terms.

By using the website, you acknowledge the data practices described in the Privacy Policy.

Marketing emails may be discontinued through the unsubscribe mechanism included in the message. Transactional, safety, recall, and legally required communications may still be sent when appropriate.

We work to maintain the website, but we do not guarantee that it will always be available, uninterrupted, error-free, secure, or free from harmful components.

To the fullest extent permitted by law, the website and its general informational content are provided on an “as available” basis.

This website disclaimer applies to the website and online services. It does not eliminate product warranties, remedies, or consumer rights that cannot lawfully be excluded.

Products are warranted only as expressly stated in an applicable written warranty or policy.

Nothing in these Terms excludes, disclaims, restricts, or modifies any implied warranty, statutory guarantee, product-liability obligation, or consumer right that cannot lawfully be excluded, disclaimed, restricted, or modified.

Any voluntary remedy described in our Returns and Refunds Policy is in addition to nonwaivable legal rights.

Nothing in these Terms excludes or limits liability for:

• →Fraud or fraudulent misrepresentation.
• →Willful misconduct.
• →A violation of law where liability cannot legally be waived.
• →Death or personal injury to the extent liability cannot legally be waived.
• →A defective product to the extent liability cannot legally be waived.
• →Any warranty, statutory guarantee, or consumer right that cannot legally be waived.

Subject to the paragraph above, and to the fullest extent permitted by applicable law, Smelldos and its members, managers, officers, employees, contractors, and agents will not be liable for indirect, incidental, special, exemplary, or consequential damages arising solely from website access, website unavailability, data loss, or purely economic loss.

For claims arising solely from the website or online services and not involving bodily injury, a defective product, fraud, willful misconduct, or a nonwaivable legal right, Smelldos’ aggregate liability will not exceed the greater of:

• →The amount you paid directly to Smelldos during the six months preceding the event giving rise to the claim; or
• →One hundred U.S. dollars.

Some jurisdictions do not permit certain exclusions or limitations. In those jurisdictions, this section applies only to the maximum extent permitted by law.

You acknowledge that the intended use and prohibited uses of the product are clearly stated on the website, product, packaging, and accompanying materials.

You are responsible for following those instructions and warnings. Deliberate use contrary to prominent safety warnings may create a serious risk of injury and may affect the rights and responsibilities of the parties to the extent permitted by applicable law.

This section does not waive liability that cannot legally be waived and does not excuse Smelldos from obligations imposed by applicable product-safety or consumer-protection law.

To the extent permitted by applicable law, you agree to indemnify and hold harmless Smelldos and its members, managers, officers, employees, contractors, and agents from third-party claims, damages, liabilities, and reasonable costs arising directly from:

• →Your intentional or unlawful violation of these Terms.
• →Your harassment, threats, fraud, or violation of another person's rights.
• →Your unauthorized commercial resale, modification, relabeling, or repackaging of a product.
• →User content you submit that infringes another person's rights.
• →Safety or performance claims you make about a product without authorization from Smelldos.

This indemnification provision does not require you to indemnify Smelldos for Smelldos’ own negligence, defective products, willful misconduct, or violation of law to the extent such an obligation would be unlawful or unenforceable.

We are not responsible for delay or failure caused by events outside our reasonable control, including natural disasters, severe weather, fire, war, terrorism, civil disturbance, labor interruption, transportation disruption, carrier failure, power or network outages, government action, public-health emergencies, material shortages, or supplier interruption.

This section does not excuse obligations that cannot legally be avoided, including applicable refund obligations.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles.

Subject to any consumer rights that cannot be waived, judicial proceedings relating to these Terms or a direct purchase from Smelldos must be brought in the state or federal courts located in the county of San Diego, California, and each party consents to the jurisdiction of those courts.

Nothing in this section deprives a consumer of mandatory protections or access to a forum that applicable law does not permit the consumer to waive.

We may update these Terms periodically.

The “Last Updated” date identifies the most recent revision. Changes apply prospectively when posted unless applicable law requires additional notice or consent.

The Terms in effect when an order is submitted will generally govern that order, except where a change is required by law or agreed to by both parties.

If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

A failure or delay by Smelldos in enforcing a provision does not waive the right to enforce that provision later.

You may not assign or transfer your rights or obligations under these Terms without our written permission.

We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or transfer of the business, subject to applicable law.

These Terms, together with the Privacy Policy, Shipping Policy, Returns and Refunds Policy, Product Safety information, and any written warranty applicable to a product, constitute the agreement between you and Smelldos regarding website use and direct purchases.

If a product-specific warning or instruction conflicts with general website copy, the more safety-protective warning or instruction controls.

Questions about these Terms may be sent to:

Smelldos LLC

Mailing Address: 1133 Coyotes Way, San Marcos, CA 92078