Terms Of Service

OVERVIEW

This website is operated by Smitham. Throughout the site, the terms “we”, “us” and “our” refer to Smitham. Smitham offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms Of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms Of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms Of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms Of Service are considered an offer, acceptance is expressly limited to these Terms Of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms Of Service. You can review the most current version of the Terms Of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. ACCESS AND USE OF THE SITE

1.1 You may use the Site only in accordance with these Terms and any applicable law.

1.2 You may not (or attempt to):

(a) interfere with or disrupt the Site or the servers or networks that host the Site;

(b) use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Site; or

1.3 To register for an Account, you must provide us with accurate and current personal information including your name, address, and a valid email address. You may not register for more than one Account. You should not create an Account if you are under 13 years of age.

1.4 To place an Order using an Account, you must be at least 18 years of age and have the capacity to enter into a legally binding agreement with us. If you are under 18, you may only place an Order with the involvement of a parent or guardian – we do not sell products for purchase by children.

1.5 You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account) and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login details secure. We may refer fraudulent, abusive or illegal activity to the appropriate authorities.

1.6 You must not use another person’s Account without our and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or your password is no longer secure, please contact Customer Service immediately and take immediate steps to re-secure your Account (including changing your password).

1.7 We do not guarantee that the Website will always be available without interruption and we make no warranties whatsoever regarding the content of any other websites linked to or from our Website.

1.8 You must not link to our Website or any part of our Website in a way that damages or takes advantage of our reputation, including but not limited to:

(a) in a way that suggests or implies that you have any type of association and connection with us, or approval and endorsement from us where none exists; or

(b) in a way that is unlawful or unfair.

2. INFORMATION ON THIS WEBSITE

Due to photographic and monitor limitations associated with product representation, some actual products may differ slightly in visual appearance (e.g. color) from how they appear on the Website.

3. PROCEDURE AND FORMATION OF CONTRACT

3.1 When placing an Order, you must follow the instructions on the Website on how to place an Order and make changes to your Order before submitting it.

3.2 You must pay for your Order in full at the time of placing the Order using one of the payment methods we accept on the Website. You must have full authority to use the payment method used to make the purchase. The payment method must have sufficient funds, credit or other means of payment to cover the purchase. We are not responsible for the decision of payment service providers to allow you to use their services or to provide any guarantees or warranties about them. If a particular service is not available to you, you should use another valid payment method. You may choose to store your payment methods in your Account for future purchases.

3.3 By placing an Order, you expressly authorise us, prior to accepting your Order, to carry out credit and security checks and, as we feel necessary, to transmit or obtain information (including any updates) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain initial credit card authorisation, to implement loss mitigation and anti-fraud measures and to authorise individual purchase transactions.

3.4 If you discover that you have made a mistake with your Order after it has been submitted to the Website, please contact Customer Services immediately, although please note that we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that there may be a charge for processing the change.

3.5 When you place an Order, you will receive from us an order confirmation by email. This email will be an acknowledgement only and will not constitute acceptance of your order. A contract between us for the purchase of the goods (the “Contract”) will not be formed until you have received a shipping confirmation email from us. We are under no obligation to supply the products to you until we have accepted your order. We may, at our discretion, refuse to accept your order for any reason, including but not limited to:

(a) unavailability of the goods in stock (in which case we may require you to re-send your Order or provide you with an alternative product or size);

(b) if we suspect that your Order is fraudulent or suspect fraud in relation to credit card or payment; or

(d) if there is an error in the inclusion of an item in a particular sale or promotion.

If we or you cancel your Order before it is accepted, we will promptly refund any payment you have made to your original payment method.

4. DELIVERY

4.1 We aim to deliver the Products to you at the delivery location (“Delivery”) requested by you within the time specified by us at the time you place your Order, but we cannot guarantee the exact date or time of delivery.

4.2 We will endeavour to notify you if we expect to be unable to meet an estimated delivery date or time, however, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery or delay.

4.3 We will endeavour to leave the Order at the address notified by you at the time of purchase. You must ensure that you are able to take delivery of the Products without undue delay and at any time reasonably specified by us.

4.4 Please note that we may not be able to deliver to some locations or we may not be able to offer equivalent delivery options to the locations where we service. If we are unable to deliver to your location, we will notify you on the relevant product page or alternatively, using the contact details you provide to us when you place your order and arrange for cancellation of the order or delivery to an alternative delivery address.

4.5 Unless you specify otherwise, all risk in the products passes to you on delivery. If delivery is delayed, risk passes to the date of delivery. From the moment risk passes to you, we will not be liable for loss or destruction of the products.

5. CANCELLATION

5.1 We may terminate the Contract if the product becomes unavailable for any reason. We will notify you if this is the case and refund any payment you have already made. We will refund any monies received from you using the same method that you originally used to pay for the product. If the refund transaction is unsuccessful, we will notify you of this and arrange for the refund to be processed via an alternative method.

5.2 If you wish to cancel your Order, please contact our Customer Services Team. Once an Order has been processed, you cannot cancel it and the item must be returned to us in accordance with our returns policy.

6. CHANGE OF MIND RETURNS

6.1 You may return the product:

(a) provided that the return is made by post within 30 days of receiving the item;

(b) unused, in the original packaging, in its original condition, including the sealed box, dust bag.

6.2 Once we have received and inspected your return, we will contact you regarding next steps.

6.3 We will not refund any Delivery Charges you paid for the item to be shipped to you or the cost of any packaging you provide to send the item back to us.

6.4 We offer a flexible returns policy to simplify your shopping experience. We monitor the frequency and value of returns for fraud, abuse prevention and general security purposes. In the event of increased frequency and value of returns, we reserve the right to close or block access to your Account or refuse you from making future orders.

7. DISCLAIMER AND LIABILITY

7.1 This clause takes precedence over all other clauses and to the extent permitted by law sets out our entire Liability and your sole and exclusive remedy in respect of:

(a) the performance, non-performance, alleged performance or delay in performance of these Terms or the Contract or the Website (or any part thereof); or

(b) otherwise in connection with these Terms or the conclusion or performance of these Terms.

7.2 Nothing in these Terms excludes or restricts your statutory rights as a consumer or our Liability for:

(a) fraud;

(b) death or personal injury caused by our breach of our Obligations;

(c) any breach of any implied or statutory warranty (including any consumer guarantees under the Australian Consumer Law; or

(d) any other Liability which cannot be excluded or limited by applicable law.

7.3 In performing any obligations under these Terms, our sole obligation is to exercise reasonable care and skill.

(a) To the extent permitted by law, we do not warrant and we exclude all Liability in relation to the accuracy, completeness, fitness for purpose or legality of any information accessed by using the Website.

(b) We disclaim all Liability of any kind for the transmission, receipt or non-transmission or non-receipt of any material of any nature.

(c) You should not rely on any information obtained by accessing the Website to make a purchasing decision – you should make your own understand before forming an opinion and taking any action based on such information.

(d) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your particular requirements. We do not warrant that the products will meet your particular requirements. You acknowledge that the products are standard and have not been custom-made to suit any particular requirements you may have.

(e) We do not accept and disclaim any Liability for Breach of Obligations other than any Liability arising under the terms of these Terms.

(f) Notwithstanding any other provision of these Terms to the contrary and to the extent permitted by law, in no event will we be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential or similar losses or damages arising out of or in connection with the Site, the provision of goods or services or these Terms (however arising, including in negligence). You agree that you are solely responsible for the legality of your actions under the laws applicable to you. You agree that we, our affiliates and related entities or our suppliers are not responsible for the legality of your actions.

8. CHANGES TO TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

These Terms were last updated on October 15, 2024.

9. GOVERNING LAW

These Terms and any separate agreements whereby we provide you services shall be governed by and constructed in accordance with the laws of USA.

10. CONTACT US

For any questions regarding the Terms of Service, please send them to us at:

E-mail: [email protected]

Address: 212 Illinois 25, East Dundee, IL 60118, USA

Working hour: 8:00 AM – 6:00 PM (CST) | Monday – Friday