Refund policy
Purchase, Cancellation & Refund Policy
Last Updated: August 31, 2025
OVERVIEW
Pardon My Smoke LLC ("we," "us," or "our") operates an online retail store selling food seasonings and condiments at www.pardon-my-smoke.com. All sales are one-time purchases only — we do not offer subscriptions, automatic renewals, pre-orders, layaway, or "try before you buy" programs. By completing a purchase on our site, you acknowledge and accept the terms outlined in this policy.
CANCELLATION (PRE-SHIPMENT)
You may cancel an order ONLY BEFORE it has been fulfilled and shipped. Email contact@pardon-my-smoke.com with your Order Number and a clear request to cancel. Once the status changes to "Shipped" or tracking information is generated, all cancellation rights end — we cannot intercept packages once they are in the possession of the shipping carrier (USPS/UPS/FedEx).
If an order ships later than 30 days from your purchase date (or a different timeframe if specified at checkout), you may cancel it and receive a full refund regardless of whether it has already shipped, per the FTC Mail Order Rule (16 CFR Part 435).
NO RETURNS ON PURCHASED ITEMS
Due to food safety regulations under Texas Food Code Chapter 437 and federal food handling standards, we do not accept returns or offer refunds for any reason after delivery, including but not limited to:
- Buyer's remorse or changed mind.
- Incorrect flavor/size selection by the customer.
- Product no longer wanted once received.
- Customer preference or dissatisfaction with taste/smoke profile.
All products are sold as inspected and accepted upon delivery. By completing a purchase, you acknowledge that food seasonings cannot be returned for safety and sanitation reasons once they leave our facility.
IMPORTANT ALLERGEN NOTICE (FALCPA COMPLIANCE): Every product label on our site lists all major allergens as required by the Food Allergy Labeling Act of 2004 (Public Law 108-282, 21 U.S.C. § 343w). Customers with food allergies or sensitivities are solely responsible for reading full ingredient and allergen disclosures on each product page before purchasing. We disclaim all liability for adverse reactions arising from a customer's failure to review disclosed ingredients.
DAMAGED OR INCORRECT FULFILLMENT (FOOD SAFETY & QUALITY POLICY)
Due to strict food safety regulations and state health codes, Pardon My Smoke LLC does not accept returns of edible products once they have left our facility. We cannot legally resell, restock, or guarantee the quality of returned food seasonings.
If your order arrives damaged, contaminated, or with incorrect items due to an error on our part — not customer misuse, carrier damage after delivery, or buyer's remorse:
- You must notify us by emailing contact@pardon-my-smoke.com within 7 days of the shipping date shown in your confirmation email.
- Include your Order Number and clear photographic evidence of the damaged/incorrect items (both the packaging and its contents).
- Once verified, PMS will issue a replacement at no charge or provide a full refund for the original product price — whichever is preferable to you. You are not required to return the physical food item; please dispose of it safely.
This exception exists strictly to comply with federal and state law regarding merchantable goods (Texas UCC § 2-314) and FDA food handling standards. It does not constitute a general return policy, and no quality claims submitted after the 7-day window will be processed.
SHOP PAY INSTALLMENTS & THIRD-PARTY FINANCING
If you select Shop Pay Installments at checkout, your order is financed by Affirm, a third-party lending institution separate from Pardon My Smoke LLC:
- Affirm will evaluate and approve your application for financing using its own underwriting criteria. Your approval or denial is solely between you and Affirm.
- Once approved, Affirm pays us in full upfront for your order. You then repay Affirm directly according to the payment schedule they provided at checkout.
- If you need assistance with an existing Shop Pay Installments plan — including changes to payment schedules, missed payments, or account questions — please contact Affirm directly through their website (affirm.com/help) or customer service line. We do not manage installment payments on your behalf.
Returns of orders paid via Shop Pay Installments: If we issue a refund for an order financed by Affirm, the refund will be sent to you first. For partial refunds, any remaining balance on your loan with Affirm may continue according to your original schedule unless Affirm adjusts it based on the refunded amount. We are not responsible for managing or adjusting payment schedules once our refund has been issued; all post-refund financing matters must be resolved directly between you and Affirm.
SHIPPING, DELIVERY & RISK OF LOSS
Once your package leaves our facility and is handed to the shipping carrier (USPS, UPS, FedEx, or other), risk of loss transfers per Texas UCC § 2-509(3) ("any other case") — meaning the customer assumes responsibility for the goods once they are delivered to the carrier.
We are not responsible for:
- Packages marked "Delivered" in carrier tracking logs that do not reach your physical address (we will assist with carrier claims but bear no liability).
- Delays caused by weather, holidays, customs, or carrier operational issues.
- Damage occurring during transit after the package leaves our possession.
If you have an issue with a missing, lost, or significantly delayed package, contact us within 14 days of the expected delivery date so we can file a trace claim with the shipping provider on your behalf.
WARRANTY DISCLAIMER (UCC § 2-316)
EXCEPT AS EXPRESSLY STATED ON OUR PRODUCT PAGES AND IN THIS POLICY, ALL PRODUCTS SOLD BY PARDON MY SMOKE LLC ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (a) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (b) WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THIS DISCLAIMER APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER TEXAS LAW AND THE UNIFORM COMMERCIAL CODE AS ADOPTED BY THE STATE OF TEXAS.
CHANGES TO THIS POLICY
We reserve the right to modify this policy at any time in our sole discretion. If we make material changes, we will update the "Last Updated" date above and provide conspicuous notice on our website homepage during the 30 days following the change. Continued use of our store constitutes acceptance of the revised terms.
GOVERNING LAW & DISPUTE RESOLUTION
This policy is governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any disputes arising under this policy shall be resolved in the state or federal courts located in Travis County, Texas (or, if a non-Texas resident customer brings an action in their jurisdiction of residence and that jurisdiction permits such venue, then in that jurisdiction).
Pardon My Smoke LLC
5900 Balcones Dr, Ste 100, Austin, TX 78731-4257 | Pardon My Smoke LLC
contact@pardon-my-smoke.com
This policy is governed by the laws of the State of Texas. Any disputes arising under this policy shall be resolved in Travis County courts.