PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
1. Agreement; Other Documents; Changes.
You (the Purchaser) and SmithGear.com (the Seller) agree that your order is an offer to purchase the products listed in your order ("Products") on the terms and conditions listed below which will become a contract ("Agreement") when accepted by SmithGear.com via confirmation that specifically references your order or when SmithGear ships to you the Products you ordered, whichever occurs earlier, and the banking, negotiation or other use of any payment shall not constitute an acceptance by SmithGear.com. When you send your order to purchase products to SmithGear.com, that order shall constitute your agreement to these terms and conditions of purchase. You represent you have the legal authority to enter into this Agreement on behalf of yourself or any party you represent.
This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and SmithGear.com.
If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement.
2. Payment Terms.
SmithGear.com accepts those major credit cards, which are expressly indicated on the product ordering pages. Your "credit card" will not be charged until the order has been accepted by SmithGear, the order has been processed and the "Products" listed in your order are ready to be shipped. We also accept PayPal.
3. Shipping Charges; Customer Location.
SmithGear will charge a flat rate of $8.95 for all ground shipping within the continental United States (contiguous 48 states).
Separate charges for shipping will be added to the cost of the order ("Products").
SmithGear.com will only accept orders for processing and shipping to addresses located within the continental United States and the District of Columbia. Orders received from the States of Hawaii and Alaska, in additional to other US Territories such as, Northern Mariana Islands, Midway Islands, Wake Island, Johnston Atoll, Baker, Howland, and Jarvis Islands, Kingman Reef, Navassa Island and Palmyra Atoll can only be processed with "Air Shipping Service". You may be notified by email of the additional charges to which you must agree in writing by replying to our email notification, authorizing the shipping surcharge to be added to the total sum of the order. SmithGear.com reserves the right to limit quantities of any product purchased. SmithGear.com reserves the right to refuse shipping to any State or Territory. SmithGear.com reserves the right to cancel any order placed online if the credit card information provided cannot be verified by merchant services or other electronic means.
All applicable local, city, and state taxes are the responsibility of the purchaser and will be applied to the order prior to shipping. You agree to pay these state sales and or use taxes. Tax exempt sales must be previously approved and require Purchaser to submit a verifiable state sales certificate prior to order processing.
5. Delivery of Goods.
SmithGear.com uses well known "Commercial Carriers" including, United States Postal Service (USPS),United Parcel Service (UPS), Federal Express, etc. to deliver your order. Courier's proof of delivery to shipping address provided by you during the "checkout process" which constitutes an important part of the order will confirm delivery of the products ordered. Once shown by Courier to be delivered to the shipping address you provided the product is no longer considered owned or the responsibility of SmithGear.com. Courier confirmation (whether a tracking number is provided or not) will serve as proof of delivery of the order by SmithGear. In the event, delivery of the order requires a signature of acceptance by the purchaser, authorization is hereby given to the Commercial Carrier to accept signature from any known representative, worker or any person acting as agent of the purchaser and is located at the same address provided on the order. SmithGear liability for delivery stops at the point of "delivery confirmation" by the Commercial Courier. WE ARE NOT RESPONSIBLE FOR ANY PARCELS LOST AFTER DELIVERY HAS BEEN CONFIRMED.
Damaged goods will be replaced and shipped free of charge. We will also reimburse you the ground shipping cost you paid to return a damaged product. SmithGear.com will also pay the return and new shipping fees if we shipped the wrong product. If we make the mistake, we pay for the shipping. If you are returning a product that you ordered incorrectly, we do not reimburse you the return shipping cost, however we will not charge you any restocking fee as others typically do.
Return Policy/Request Form
Orders are shipped through established "Commercial Carriers" such as United States Postal Service (USPS), United Parcel Service (UPS) andFederal Express (FedEx).
Carrier's proof of delivery (confirmation) to shipping address provided by you during the "checkout process" which constitutes an important part of the order will confirm delivery of the products ordered. Once confirmed by the Carrier to be delivered to the shipping address you provided the product ownership has passed from SmithGear.com to you the purchaser. Order delivery time is 5-7 business days from the day your order was processed by SmithGear.com Carrier confirmation (whether a tracking number is provided or not) will serve as "proof of delivery" of the order by SmithGear.com.
In the event, delivery of the order requires a signature of acceptance by the Purchaser, authorization is hereby given by the Purchaser to the Commercial Carrier to accept signature from any known representative, worker or any person acting as agent of the Purchaser and is located physically at the same address provided on the order. SmithGear.com implied liability for delivery of goods, stops at the point in time of "delivery confirmation" by the Commercial Carrier. In the event, delivery of the order requires a signature of acceptance by the Purchaser, authorization is hereby given by the Purchaser to the Commercial Carrier to accept signature from any known representative, worker or any person acting as agent of the Purchaser and is located physically at the same address provided on the order. SmithGear.com implied liability for delivery of goods, stops at the point in time of "delivery confirmation" by the Commercial Carrier.
SmithGear.com will add applicable State sales tax of 7% on all orders processed and shipped to consumers in the State of South Carolina.
Sales taxes are calculated during the "Checkout" process and will be indicated in the final calculation. In the unlikely event the sales tax is not calculated due to software problems the final calculation will occur when the order is processed at our sales office prior to being approved for shipping. You will receive an email from SmithGear.com informing you of any changes prior to processing your credit card for payment. You are required to respond to this notification acknowledging the final cost of the order. Please be certain your email address is accurate to minimize any delay in shipping your products. No other destinations are currently subject to a sales tax on Internet purchases.
WE ARE NOT RESPONSIBLE FOR ANY PARCELS LOST, STOLEN OR MISPLACED AFTER DELIVERY HAS BEEN CONFIRMED.
7. Events beyond our reasonable control.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions: if the delay or failure arises from any cause which is beyond our reasonable control, including reasons of Force Majeure, which shall include any default due to an act of God, war, or threatened war, act of terrorism or threatened act of terrorism, strike, lockout, individual action, fire, flood, drought, tempest or other event beyond the control of either party. This condition does not affect your statutory rights.
8. Typographical Errors.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information from our suppliers, taxes or duty changes, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed. If your credit card has already been charged and we subsequently cancel your order, we will immediately issue a credit to your credit card account in the value of the incorrect price (including delivery charges).
As soon as we (the Common Courier) have delivered the goods to your door you will be responsible for them. We will only deliver goods to the address on the order. From the time of confirmed delivery of the goods, any loss or damage to the goods shall be at your own risk. Any transit damage to the goods, shortages or incorrect goods supplied must be noted on the delivery consignment at the time of delivery. Please check your package at time of delivery and note any visible damage to the Carrier. Notify SmithGear as soon as possible with any problems or damage with the package.
10. Damage in transit:
If goods arrive in a damaged condition you must make a note on the carrier's delivery consignment note and it will be your responsibility to inform our customer service department within 24 hours from date of delivery.
It is your responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Any shortages must be noted on the consignment note and it will be your responsibility to notify us within 24 hours from date of delivery.If any product is back ordered we will contact you prior to shipping your order.
12. Incorrect Goods and Returns:
It is your responsibility to check the parcel and all products received and to notify us within 24 hours from date and time of confirmed delivery (excluding weekends or holidays) of any incorrect goods we may have shipped. You agree to return any incorrect products or those products you wish to exchange and pay the appropriate ground shipping charge. If products were shipped due to our error in processing and or packaging, we agree to reimburse you the actual shipping charges incurred (for product(s) returned) and to re-ship the correct product(s) at our expense.
13. Mandatory Arbitration:
You agree to allow SmithGear.com to resolve any issue related to shipping, damaged goods, quality issues and all other disputes within 30 days of the date of product delivery, which are not specifically addressed in these terms and conditions. In the event an amicable and satisfactory resolution is not reached then the parties agree to submit to mandatory binding arbitration within the State from where the order was shipped.
What is mandatory binding arbitration? In mandatory binding arbitration, a company requires a consumer to agree to submit any dispute that may arise to binding arbitration prior to completing a transaction with the company. The consumer is required to waive their right to sue, to participate in a class action lawsuit, or to appeal.