TERMS OF SERVICE

Last updated: 26 July 2026

Overview

Welcome to Smdge. The terms "we", "us" and "our" refer to Smdge. Smdge operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Smdge is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as eligibility, warranty disclaimers, limitations of liability and how disputes are resolved.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

Your statutory rights as a consumer are not affected. If you are a consumer, nothing in these Terms removes or reduces any rights you have under the laws of the country in which you live that cannot be excluded by agreement. Where any part of these Terms conflicts with your mandatory statutory consumer rights, those statutory rights prevail.

Section 1 — Eligibility

Our products are conversation and dare card games designed for couples aged 18 and over. They contain suggestive and mature themes and are intended for use by adults in a private setting.

By using the Services or purchasing our products, you represent and confirm that you are at least 18 years old, or older if a higher age of majority applies in your country, state or province of residence.

The Services and our products are not intended for, and may not be purchased by, anyone under 18. We may refuse or cancel any order where we reasonably believe the purchaser is under 18, and we may take steps to verify age where appropriate. You agree not to allow any person under 18 to access the Services or our products through you.

Section 2 — Access and Account

To use the Services, including browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all the information you provide is correct, current and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or license your account to any other person.

Section 3 — Our Products

We have made every effort to represent our products and services accurately in our online store. However, colours and product appearance may differ from how they appear on your screen, depending on your device, its settings and configuration. To the extent permitted by law, and without affecting your statutory rights as a consumer, we do not warrant that the appearance of any product will exactly match how it is depicted in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Section 4 — Orders

When you place an order, you are making an offer to purchase. Smdge reserves the right to accept or decline your order at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order is accepted. This does not affect any statutory right of cancellation you may have, which is set out in Section 8.

Your purchases are subject to return or exchange in accordance with our Refund Policy and your statutory rights.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

If we do not accept, change or cancel an order, we will attempt to notify you using the email, billing address or phone number you provided when the order was made.

Section 5 — Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

For customers in the United Kingdom and the European Union, displayed prices include VAT where applicable. Shipping and handling charges are shown separately at checkout before you complete your order.

Because we ship internationally, orders delivered outside the United Kingdom and the European Union may be subject to import duties, customs charges and local taxes levied by the destination country. These charges are set by the destination country, are outside our control, and are your responsibility unless we expressly state otherwise at checkout.

From time to time we may offer promotions that affect pricing and that are governed by separate terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern for that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and to update it promptly so that we can complete your transactions and contact you as needed. You represent and warrant that (i) any payment information you provide is true, correct and complete, (ii) you are authorised to use the payment method, and (iii) you will pay all charges incurred at the posted prices, including shipping, handling and any applicable taxes.

Section 6 — Shipping and Delivery

We ship worldwide. All delivery times are estimates only and are not guaranteed. To the extent permitted by law, we are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control.

If you are a consumer, risk of loss or damage to the products passes to you when you, or a person you nominate other than the carrier, take physical possession of the goods. For any purchase that is not a consumer purchase, risk passes to you once we transfer the products to the carrier. Nothing in this section affects your statutory rights as a consumer.

Section 7 — Your Consumer Rights

If you are a consumer, you have legal rights in relation to products that are faulty, not as described, or not fit for purpose. For customers in the United Kingdom, these rights are set out in the Consumer Rights Act 2015 and related legislation. Consumers in other countries may have equivalent rights under their local law.

Nothing in these Terms, including the disclaimers and limitations in Sections 18 and 19, excludes or limits your statutory rights as a consumer where they cannot lawfully be excluded or limited.

Section 8 — Right to Cancel (Distance Selling)

If you are a consumer in the United Kingdom or the European Union, you have the right to cancel your order within 14 days of receiving the goods, without giving a reason. To cancel, contact us using the details in Section 28 and tell us clearly that you wish to cancel. You then have a further 14 days to return the goods to us.

We will refund the price you paid for the returned goods, together with the standard delivery cost you paid on the original order, within 14 days of receiving the goods back or of receiving proof that you have sent them, whichever is earlier. Where you chose a more expensive delivery option than our standard service, we refund the standard delivery cost only. You are responsible for the cost of returning the goods to us unless the goods are faulty or not as described.

In addition to your statutory cancellation rights, and as a matter of our own commercial policy, we accept returns of unopened decks in their original sealed packaging. Because our products are card games that cannot be resold once the seal is broken, we are unable to accept returns of opened decks unless they are faulty, damaged or not as described. Your statutory rights in respect of faulty or misdescribed goods are unaffected.

Full details of how to return an item are set out in our Refund Policy.

Section 9 — Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, video and audio, and the design, selection and arrangement of them, are owned by Smdge, its affiliates or licensors, and are protected by United Kingdom and foreign trademark, copyright, design and other intellectual property laws. Content submitted by customers is governed by Section 14.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants or shall be construed as granting any licence or rights to you under any patent, trademark, copyright or other intellectual property of Smdge, Shopify or any third party. Unauthorised use of the Services may breach intellectual property laws. All rights not expressly granted here are reserved by Smdge.

Smdge's names, logos, product and service names, designs and slogans are trademarks of Smdge or its affiliates or licensors. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Section 10 — Optional Tools

You may be given access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. To the extent permitted by law, we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without endorsement, and we have no liability arising from your use of optional third-party tools.

Any use of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider or providers.

We may, in the future, offer new features through the Services, including new tools and resources. Such features shall also be part of the Services and subject to these Terms.

Section 11 — Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

To the extent permitted by law, we are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources or content on them. Please review the third party's policies and practices carefully before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

Section 12 — Relationship with Shopify

Smdge is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Smdge. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Smdge, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Smdge. Nothing in this section affects your statutory rights as a consumer against us.

Section 13 — Privacy

All personal information we collect through the Services is subject to our Privacy Policy, which is available on this website, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, in order to provide the Services to you. Review our Privacy Policy for more details on how we, Shopify and our partners use your personal information.

Section 14 — Reviews, Feedback and Customer Content

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content, collectively "Feedback", you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. You retain ownership of your Feedback. We may, for example, use this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any payment, free product, commission or other incentive you received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to keep your Feedback confidential, to pay compensation for your Feedback, or to respond to your Feedback.

We may, but are not obliged to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not contain unlawful, abusive or obscene content, or any virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. To the extent permitted by law, we take no responsibility and assume no liability for any Feedback posted by you or any third party.

Section 15 — Errors, Inaccuracies and Omissions

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order. Where we cancel an order you have already paid for due to such an error, we will refund you in full.

Section 16 — Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable international, national, regional or local laws, rules or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, intimidate or otherwise harm any of our staff or any other person; (e) to transmit false or misleading information; (f) to use any material that does not comply with these Terms; (g) to transmit any advertising or promotional material, including junk mail, chain letters, spam or similar; (h) to impersonate any person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that may harm Smdge, Shopify or users of the Services, or expose them to liability.

You also agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website. We reserve the right to suspend, disable or terminate your access if we reasonably determine that you have breached these Terms.

Section 17 — Termination

We may terminate this agreement or your access to the Services, or any part of them, at any time, in accordance with applicable law, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after any termination: Intellectual Property, Reviews, Feedback and Customer Content, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law and Disputes, Privacy, and any other provisions that by their nature should survive termination.

Section 18 — Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. To the extent permitted by law, we do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on it is at your own risk.

Except as expressly stated by Smdge, and without affecting your statutory rights as a consumer, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

This section does not exclude or limit any rights you have as a consumer that cannot be excluded or limited under applicable law.

Section 19 — Limitation of Liability

Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the statutory rights of a consumer that cannot lawfully be excluded, including our obligations under the Consumer Rights Act 2015 that goods be of satisfactory quality, fit for purpose and as described; or (d) any other liability that cannot be excluded or limited under applicable law.

Subject to the paragraph above, and to the fullest extent permitted by law, in no case shall Smdge, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data or replacement costs, arising from your use of the Services or any products procured through the Services.

Subject to the first paragraph of this section, our total liability to you arising out of or in connection with these Terms, the Services or any product, whether in contract, tort including negligence, statute or otherwise, shall not exceed the greater of the total amount you paid to us for the order giving rise to the claim, or any higher amount required by applicable consumer law.

Section 20 — Indemnification

This section applies only where you are using the Services other than as a consumer, for example for business, resale or commercial purposes. It does not apply to consumers.

If this section applies to you, you agree to indemnify, defend and hold harmless Smdge, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. This section does not apply to the extent a loss results from our own breach, negligence or wrongdoing.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. You will cooperate in the defence of indemnified claims, including by providing relevant documents.

Section 21 — Events Outside Our Control (Force Majeure)

We are not liable for any failure or delay in performing our obligations where that failure or delay results from events outside our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, civil unrest, strikes, failures of carriers or suppliers, failures of telecommunications or internet networks, and government actions or restrictions. This does not affect your statutory rights as a consumer, including your right to a refund where we are unable to deliver your order.

Section 22 — Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

Section 23 — Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules posted by us on this site or in respect of the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including any prior versions of these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 24 — Assignment

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be void. We may transfer, assign or delegate these Terms and our rights and obligations, provided this does not adversely affect your rights as a consumer.

Section 25 — Governing Law and Disputes

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales will have non-exclusive jurisdiction.

If you are a consumer, this does not deprive you of the protection of any mandatory provisions of the law of the country in which you live. If you are a consumer resident in another country, you may also be able to bring proceedings in, and rely on the mandatory consumer-protection laws of, your country of residence.

We would always prefer to resolve any concern directly first, so please contact us using the details in Section 28 before taking any formal action. Where applicable, you may also be entitled to use an alternative dispute resolution scheme.

Section 26 — Changes to These Terms

You can review the most current version of these Terms at any time on this page.

We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our website. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Changes will not apply retrospectively to orders already placed. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Section 27 — Headings

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Section 28 — Contact

Questions about these Terms of Service should be sent to us at:

Smdge

4th Floor, Silverstream House, 45 Fitzroy Street, Fitzrovia, London, England, W1T 6EB

Email: support@smdge.com