Terms of Service

Last updated: April 1, 2026

Welcome to WHEN SMOKE CLEARS® (“WSC®,” “we,” “our,” or “us”). By accessing whensmokeclears.com, purchasing from us, or using our services, you agree to these Terms of Service.

If you do not agree to these Terms, please do not use our website or services.

Use of Our Services

You may use our website only for lawful personal or commercial purposes consistent with these Terms.

You may not:

  • Violate applicable laws or regulations
  • Attempt to disrupt, damage, access, or exploit our website
  • Use automated systems to scrape or misuse website content
  • Copy or commercially use our content without permission
  • Submit false, misleading, or fraudulent information

We may restrict access, cancel orders, or refuse service where reasonably necessary to protect our customers, business, or rights.

Products & Limited Releases

Many WSC® products are produced in limited quantities. We do not guarantee that any item, size, color, or release will be restocked.

Adding an item to your cart does not reserve it. Availability is confirmed only after checkout has been completed and the order has been accepted.

Product colors, finishes, distressing, washes, and hand-applied details may vary slightly. These variations are intentional and are part of the character of individually finished garments.

Orders & Payments

All orders are subject to acceptance, payment authorization, and product availability.

We may:

  • Limit quantities purchased by a customer or household
  • Cancel duplicate, suspicious, or fraudulent orders
  • Correct pricing, inventory, or product-description errors
  • Request additional verification before fulfilling an order

If we cancel an accepted order, any payment collected for the canceled merchandise will be returned to the original payment method.

You are responsible for providing complete and accurate billing, contact, and shipping information.

Pricing

Prices are displayed in U.S. dollars unless otherwise stated. Prices, promotions, and availability may change without notice.

Customers are responsible for currency-conversion charges, bank fees, payment-processing fees, customs duties, taxes, or other charges imposed by third parties.

Shipping & Fulfillment

Orders are processed according to the timeframe displayed on the product page, at checkout, or in our Shipping Information.

Delivery estimates begin after an order has been dispatched. Carrier delays, severe weather, holidays, remote destinations, and other events outside our control may affect transit time.

If we are unable to ship within the stated timeframe, we may contact you with a revised estimate and any cancellation or refund options required by applicable law.

Risk of loss may transfer according to applicable law and the terms of the shipping carrier. Please review all delivery information and promptly report missing or damaged packages.

Preorders & Made-to-Order Items

Certain products may be offered as preorders or made-to-order items. These products are not immediately available and may require an extended production period.

Estimated shipment dates are provided in good faith but may change. If a material delay occurs, we will provide notice and any options required by applicable law.

Preorders and made-to-order items cannot ordinarily be canceled or exchanged once production has begun, except where required by law or approved by WSC® in writing.

Returns & Exchanges

Unless an order arrives damaged, defective, or incorrect, purchases are final and are not eligible for a refund.

Size exchanges may be requested within 7 days of delivery, subject to availability and the following conditions:

  • The item must be unworn, unused, and unwashed
  • Original tags and packaging must remain intact
  • The item must be returned in its original condition
  • Proof of purchase may be required

If the requested replacement is unavailable, we may offer store credit or another reasonable resolution at our discretion, subject to applicable law.

Customers are responsible for exchange shipping costs unless the merchandise arrived damaged, defective, or incorrect. Original shipping charges are non-refundable unless required by law.

To report a damaged, defective, or incorrect order, contact care@whensmokeclears.com within 48 hours of delivery.

Event & Pickup Orders

Certain products may be offered for event pickup or release at a specific location.

Customers are responsible for reviewing the stated pickup date, time, location, identification requirements, and collection instructions before purchasing.

Failure to collect an order may delay fulfillment. We may offer shipping or another arrangement at our discretion, and additional shipping fees may apply.

Intellectual Property

The website and its content, including trademarks, logos, graphics, photographs, videos, text, product designs, artwork, and branding, are owned by or licensed to WHEN SMOKE CLEARS® and are protected by applicable intellectual-property laws.

You may not reproduce, distribute, modify, sell, publish, or commercially exploit this content without prior written permission.

Customer Conduct

You agree not to:

  • Submit fraudulent orders, claims, or payment disputes
  • Misuse promotions, accounts, or payment methods
  • Threaten, harass, or abuse our team or service providers
  • Interfere with another customer’s use of our services

We may restrict accounts, refuse service, or cancel orders when fraudulent or abusive activity is reasonably suspected.

Chargebacks & Fraud

If you believe a charge is incorrect, please contact Customer Care before initiating a payment dispute so we can review the order.

We may provide order records, delivery confirmation, communications, and other relevant evidence to payment providers when responding to disputed or unauthorized transactions.

Third-Party Services

Our services may rely on Shopify, payment processors, shipping carriers, analytics providers, social platforms, and other third parties.

Their services are governed by their own terms and policies. To the extent permitted by law, we are not responsible for third-party services or events outside our reasonable control.

Disclaimer & Limitation of Liability

Our website and services are provided on an “as available” basis to the fullest extent permitted by law.

WHEN SMOKE CLEARS® will not be liable for indirect, incidental, special, or consequential losses arising from use of the website, third-party carrier delays, or misuse of our products, except where such limitations are prohibited by law.

To the fullest extent permitted by law, our total liability relating to a product or order will not exceed the amount paid for the product giving rise to the claim.

Privacy

Our collection and use of personal information are governed by our Privacy Policy.

Changes to These Terms

We may update these Terms periodically to reflect changes to our services, practices, or legal obligations. The revised date will appear at the top of this page.

Continued use of the website after an update constitutes acceptance of the revised Terms to the extent permitted by law.

Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

Contact

WHEN SMOKE CLEARS®
175 Walnut Avenue, Suite 202A
Bronx, NY 10454

care@whensmokeclears.com