Valid from: 01.10.2026
1. Scope and Contractual Partners
These General Terms and Conditions (GTC) govern the contractual relationship between the following companies (hereinafter referred to as "Smoketown GmbH"):
- Smoketown Rorschach GmbH
- Smoketown Wil GmbH
- Smoketown Arbon GmbH (Arbon and Romanshorn)
and their customers (hereinafter referred to as "Customer") who shop via our online shops or in our stores.
By submitting an order or making a purchase in-store, the Customer agrees to these GTC.
Sales are made exclusively to persons residing in or having a delivery address in Switzerland or the Principality of Liechtenstein.
Tobacco products and electronic cigarettes within the meaning of the Tobacco Products Act (TabPG) may not be sold to minors by law (minimum age 18, Art. 23 TabPG). This includes, in particular, tobacco products for smoking, heating, or sniffing, nicotine products for oral use (e.g., snus and nicotine pouches), herbal smoking products, as well as e-cigarettes and liquids with or without nicotine. Furthermore, as part of its own company policy, Smoketown GmbH also sells the corresponding accessories only to adults (18 years and over). To the extent that accessories (e.g., rolling papers or filters) are not subject to a statutory sales ban, this is a voluntary, stricter policy of Smoketown GmbH.
Proof of age: Smoketown GmbH may at any time – especially in case of doubt about majority – request suitable proof of age (e.g., a copy of an official identity document). If proof of age is not or not sufficiently provided, Smoketown GmbH may refuse to fulfill the order in whole or in part or cancel it. Without successful proof of age, there is no entitlement to the delivery of age-restricted goods. Payments already made for orders or items that are not fulfilled will be refunded.
In the event of intentionally or negligently providing false information about age, Smoketown GmbH may charge a processing fee of CHF 20.00 in the event of a necessary cancellation. Further verifiable costs (e.g., shipping or return costs) are reserved. No fee will be charged if the age verification cannot be completed for other reasons. The proof of age will be used exclusively for age verification purposes (see Privacy Policy).
2. Offer
All prices, product information, and availability in our online shop, on social media channels, in flyers, or in other promotional materials are understood to be non-binding and subject to change.
Technical changes, errors in product descriptions, images, and prices, as well as supply shortages, are expressly reserved.
An offer becomes binding only upon our order confirmation or the dispatch of the goods.
Promotional prices apply exclusively in the Smoketown.ch online shop and only during the respective stated period, as well as while supplies last. In our physical stores, promotional prices may differ, not apply, or not be offered.
3. Delivery and Shipping Costs
Deliveries are only possible to addresses in Switzerland and the Principality of Liechtenstein. Shipping is generally carried out within 1–3 business days, provided that the ordered items are available in stock.
Shipping and delivery are at the Customer's risk, to the extent permitted by law.
Stated delivery and shipping times are, unless expressly designated as binding, guidelines. Short-term delivery delays – for example on the part of the postal service or other transport companies – do not automatically entitle the Customer to withdraw from the contract or claim damages. The Customer's statutory rights in the event of delay or final non-delivery (in particular Art. 102 et seq. CO) remain reserved.
Unless otherwise requested by the Customer, Smoketown GmbH reserves the right to make partial deliveries. Shipping costs include postage and packaging but may vary depending on the size, weight, or type of order (e.g., bulky goods).
For orders with a value of CHF 150.00 or more, shipping is generally free of charge, except for bulky goods or exceptionally large orders.
For orders under CHF 50.00, the goods may – where practical – be shipped in an A-Post Midi letter for CHF 3.70 in shipping costs. An additional small-quantity surcharge of CHF 4.80 will be charged to cover the extra effort.
We thank our customers for their understanding that very small orders cause a disproportionate amount of effort in shipping. If you do not agree with this shipping method, please contact us before completing the order.
4. Prices, Payment, and Retention of Title
All prices are in Swiss francs (CHF), including the currently applicable value added tax. Price changes, technical changes, and errors are reserved.
Payment is made in advance, by cash (in our stores), or by invoice through our external service partner Powerpay / MF Group. When the payment method "Invoice" is selected, we generally dispatch the goods immediately. The invoice must be paid on time according to Powerpay's payment terms. Discounts are excluded.
Until full payment has been received, the goods remain the property of Smoketown GmbH.
Returns and additional shipping costs:
If a package is returned to us by post (e.g., due to an incorrect address, failure to collect, or refusal of acceptance) and the Customer requests re-shipping, the Customer is obliged to bear the costs of the re-shipping as well as a processing fee of CHF 10.00. If the order is instead cancelled, Section 6 applies.
Return costs for defects and incorrect deliveries:
The Customer may initially pay the costs of returning the complained-of goods for inspection. If a justified material defect or incorrect delivery is identified, Smoketown GmbH will refund the necessary and reasonable return costs and bear the costs of shipping the repaired or replaced goods back to the Customer. In the event of an unjustified complaint or if no defect attributable to Smoketown GmbH is identified, the return costs may remain with the Customer, to the extent permitted by law. The Customer's mandatory statutory rights remain reserved.
5. Rights Regarding Defects (Warranty) and Manufacturer's Warranty
Unless an item is expressly marked as used or "Occasion", Smoketown GmbH sells brand-new goods.
5.1 Rights Regarding Defects for New Goods
Smoketown GmbH is liable to the Customer for material defects in the delivered goods in accordance with statutory provisions (Art. 197 et seq. CO). A material defect exists in particular if the goods do not have the guaranteed properties or have defects that eliminate or significantly reduce their value or suitability for the intended or normally expected use.
For sales of new goods to consumers, claims for defects against Smoketown GmbH expire two years after delivery of the goods, unless a longer period has been agreed (Art. 210 CO).
5.2 Used Goods / Occasion Items
For goods expressly marked as used or "Occasion", claims for defects against Smoketown GmbH – including sales to consumers – expire one year after delivery of the goods. The condition described in the offer and age-related signs of wear are not considered defects.
5.3 Procedure in the Event of a Justified Defect
If a justified defect exists, Smoketown GmbH may first choose to repair the goods or replace them with similar defect-free goods within a reasonable period. If an identical item is no longer available, Smoketown GmbH may offer an equivalent replacement item.
If repair or replacement is impossible, cannot be carried out within a reasonable period, ultimately fails, or is unreasonable for the Customer, the Customer may assert the rights available to them by law, in particular the rescission of the purchase (restitution) or the reduction of the purchase price (price reduction). The Customer's mandatory statutory rights remain reserved in all cases.
5.4 Wear and Tear
Normal, usage-related wear and tear is not covered by the liability for defects or any voluntary warranty. Material or manufacturing defects remain unaffected – even if they concern a component that is typically subject to wear and tear.
Typical consumable and wear parts include, for example, evaporator heads (coils), pods and cartridges, cotton, seals and O-rings, glass tanks, batteries (with regard to age-related capacity loss), as well as cleaning accessories. The intended consumption of consumables (e.g., tobacco, liquids, filter sleeves, filters, rolling papers) and the end of the useful life of disposable products (e.g., disposable e-cigarettes) do not constitute a defect. This does not exclude material or manufacturing defects that were already present at delivery.
5.5 Improper Use
Damage caused by demonstrable improper operation, failure to follow the operating instructions, application of force, dropping, moisture, or other external influence, unauthorized tampering, modifications, alterations, or improper use is not covered. The decisive factor is whether the specific damage is attributable to such causes. A device error message or a mere assumption is not sufficient grounds for rejection; Smoketown GmbH will assess the technical findings on a case-by-case basis.
5.6 Manufacturer's Warranty
Any manufacturer's warranty is a voluntary service provided by the respective manufacturer. It exists independently of the rights regarding defects available against Smoketown GmbH and is governed by the respective manufacturer's warranty conditions in terms of duration, scope, and requirements. A manufacturer's warranty and rights regarding defects against Smoketown GmbH may exist side by side and have different terms; a manufacturer's warranty neither restricts nor replaces the rights regarding defects against Smoketown GmbH.
Claims arising from a manufacturer's warranty are directed against the manufacturer. Warranty information on packaging or inserts comes from the manufacturer and may be country-specific; it does not create additional obligations for Smoketown GmbH. Smoketown GmbH only provides its own warranty beyond the rights regarding defects if this is expressly stated for the respective product.
6. Delivery Terms
Delivery is only possible to delivery addresses in Switzerland or the Principality of Liechtenstein. The shipping partner is generally Swiss Post.
If the ordered products are available at Smoketown GmbH, in the central warehouse, or with retail partners, delivery generally takes place within 1–3 business days after the conclusion of the contract.
Smoketown GmbH is entitled to make partial deliveries. Products that are not available at the time of the order will be delivered as soon as they become available again. If a longer delivery delay is anticipated, Smoketown GmbH will inform the Customer. If an item is permanently unavailable for delivery, Smoketown GmbH will inform the Customer and refund any payments already made for this item. The Customer's statutory rights in the event of delay or final non-delivery remain reserved (see Section 3).
The sale of tobacco products, e-cigarettes, liquids, nicotine products, and related goods is made exclusively to adults (see Section 1). By accepting the GTC, the Customer confirms that they have reached the age of 18.
If an order is cancelled by the Customer or if a package cannot be delivered due to refusal of acceptance, an incorrect address, or failure to collect, and is returned to Smoketown GmbH, the order will subsequently be cancelled, and a processing fee of CHF 20.00 as well as the return shipping costs will be charged. If the Customer instead requests re-shipping, Section 4 applies. For non-fulfillment due to a missing proof of age, Section 1 applies exclusively.
For cash-on-delivery returns, an additional CHF 18.00 in shipping costs will be charged.
7. Complaint Regarding Defects and Returns
Obvious defects must be reported in writing by email or letter within 5 calendar days of receipt of the goods. Defects that become apparent later must be reported immediately upon discovery. If the report is not made in time, the goods are deemed accepted with regard to these defects (Art. 201 CO).
To inspect a defect, the product must be returned to Smoketown GmbH with a description of the defect as accurate as possible, as well as proof of purchase (e.g., invoice or order confirmation).
The return must be made in the original packaging or in a sturdy, transport-safe replacement package. Damage during transport due to insufficient packaging is the Customer's responsibility. The original packaging is not a requirement for the inspection of a claim regarding defects.
The following are generally excluded from the voluntary right of return:
– Opened or used products
– Consumables and hygiene products (e.g., tobacco, filters, papers, liquids)
– Disposable e-cigarettes
– Products that were not purchased from Smoketown GmbH
The exclusion or restriction of a voluntary right of return or exchange does not affect claims based on a justified material defect. A defect is not rejected simply because the goods have already been opened or used.
No RMA number is required for returns; however, we reserve the right to reject incomplete or unreported returns. The costs of return for a complaint regarding defects or incorrect delivery are governed by Section 4 (Return costs for defects and incorrect deliveries). For returns within the scope of the voluntary right of return, the conditions on our Returns & Exchanges page apply; the Customer bears the costs of these returns.
8. Liability
To the extent permitted by law, Smoketown GmbH's liability for indirect damages and consequential damages caused by slight negligence (e.g., lost profit) is excluded. Mandatory statutory liability provisions remain reserved, in particular liability for damages caused intentionally or with gross negligence (Art. 100 CO) as well as liability under the Product Liability Act. Liability for personal injury remains unaffected.
The rights regarding defects according to Section 5 remain unaffected. The above reservations also apply to the remaining limitations of liability in these GTC.
9. Applicable Law, Place of Performance, and Jurisdiction
For contracts with consumers, the law applicable under the mandatory statutory and private international law provisions applies (in particular Art. 120 IPRG). Otherwise, Swiss law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law, CISG).
The place of performance is the registered office of the respective Smoketown company that concluded the contract (Rorschach, Wil, or Arbon).
For consumers, the mandatory statutory places of jurisdiction apply (in particular Art. 32 and 35 ZPO as well as Art. 114 IPRG); these cannot be waived in advance. Otherwise, to the extent permitted by law, the registered office of the respective Smoketown company that concluded the contract (Rorschach, Wil, or Arbon) is the place of jurisdiction.
Should any individual provisions of these GTC be invalid or void in whole or in part, or become so, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that comes closest to the economic purpose of the original provision.
Smoketown GmbH reserves the right to adapt these GTC at any time. The version valid at the time of concluding the contract applies to the order.