They will be fine if you wash them
I'd wash them, id be annoyed and it's rude but probably unintentional
Honestly I’m an ex smoker and I’d be put off, not because I’d be worried about harm just funny with cleanliness/smells. I’d maybe wash and donate.
If you complain about it they could offer you a refund and some people don't want you to send it back as they have to pay postage and it'll just cost them more than it's worth!