These Terms do not alter the terms or conditions of any other agreement you may have with us. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
We reserve the right to change or revise these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Services or purchase products or services from us following the posting of any changes to these Terms, you confirm your acceptance of the revised Terms. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access and use the Services and purchase products or services from us.
If you have any questions, comments or concerns after reading these Terms, please contact us at [email protected]
The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older; (b) are a legal resident of the United States; (c) have not been previously suspended or removed from the Services or engaged in any activity that could result in suspension or removal from the Services; and (d) have full power and authority to enter into these Terms and that doing so will not violate any other agreement to which you are a party.
3. Terms of Sale
These Terms govern the purchase and sale of products and services from and by SmithHönig through the Services.
4. Pricing and Availability
All prices are shown in U.S. dollars, and taxes, shipping and handling charges are additional. All products and services are subject to availability, and we reserve the right to impose quantity limits on any order, cancel all or any part of an order, and discontinue products and services without notice, even if you have already placed your order. All prices are subject to change without prior notice.
5. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your order may be suspended or cancelled if you do not resolve the issue promptly. In the event that you want to change or update payment information associated with your online SmithHönig account, you can do so at any time by logging into your account and editing your payment information. You acknowledge that the amount billed may vary due to promotional offers, changes to your order or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
We attempt to be as accurate as possible and to eliminate errors; however, this site may contain typographical errors or inaccuracies and may not be complete or current. In the event of an error, whether on the Services, at a physical retail location, in an order confirmation or in processing an order or delivering a product or service, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.
7. Shipping and Handling
We do not yet ship products to all locations, so please visit our Shipping Information page for more details. You agree to pay any shipping and handling charges presented to you at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. When you purchase a product from us, any shipping times we provide are estimates only and actual delivery dates may vary. In addition, some products are delivered by our white-glove and/or entryway services and require an appointment with you for in-home delivery.
Title to, and the risk of loss for, all products pass to you upon delivery to you. For more information about our shipping policies, please visit our Shipping Information page.
8. Delivery Service
Some products that are oversize, heavy, fragile or one of a kind are delivered by our delivery service to ensure that they arrive safely. These products cannot be shipped by any other delivery method because of their weight, their size and/or the special care and handling they require. Deliveries are made Monday through Friday. Weekend delivery is not available.
Please measure your space (doorways, elevators, stairways, etc.) before buying products from us to ensure that they will fit into your home. If a product does not fit, it will be sent back to us and return shipping charges and a restocking fee will be deducted from the amount of your refund. In addition, the original shipping charges will not be refunded.
Please contact us if there could be any delivery challenges at your home, such as multiple flights of stairs or a narrow or long driveway. Note that additional charges may apply in such instances.
9. Damaged or Missing Products
Upon receipt of your order, please inspect your package. If you receive a damaged product, SmithHönig will replace the product or issue a refund (including shipping charges) at no cost to you. Simply fill out this form to let us know what happened.
In the event that you observe significant damage to the product’s outer packaging, please reject the shipment and have the carrier return it. If there is minor damage to the packaging, please indicate this when you sign for the shipment.
Please note that some products are shipped directly from the manufacturer, and others are shipped to our warehouse first for repackaging. As a result, your purchases may arrive in multiple shipments. Please visit the “Orders” section of your online SmithHönig account to track the status of your orders. If all of your shipments have been delivered and you are still missing products, please Contact Us immediately.
10. Returns and Refunds
We accept returns and issue refunds for certain products that are returned to us in an unused and re-sellable condition, postmarked within 15 days of receipt. Note that some products are not eligible for return. You can find out if a product is eligible for return by reviewing the product description as well as our Shipping Information page. Products marked “final sale” are not eligible for return.
11. License to Access and Use Our Services and Materials
Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, but not limited to, logos, designs, text, graphics, photos, videos, information, data, software, sound files, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, “Materials”), are the proprietary property of SmithHönig or our licensors and are protected by U.S. and international copyright and trademark laws. The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Services and Materials. However, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Services or Materials unless you have our prior written approval; (b) distribute, reproduce, publicly perform or publicly display any Materials, except as expressly permitted by SmithHönig; (c) modify or otherwise make any derivative uses of the Services or Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of the Services or Materials; (f) use the Services or Materials other than for their intended purposes; (g) decompile, reverse engineer, disassemble or otherwise reduce the technology underlying the Services to a human-perceivable form; (h) copy, frameset, enclose or otherwise distribute any part of the Services; or (i) display any Materials in connection with any obscene, explicit, indecent or infringing materials or information. Any use of the Services or Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of SmithHönig or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
“SmithHönig,” the SmithHönig logo and any other SmithHönig product or service names, logos or slogans that may appear on the Services or products are trademarks of SmithHönig and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “SmithHönig” or any other name, trademark or product or service name of SmithHönig without our prior written permission. In addition, the look and feel of the Services and products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of SmithHönig and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product and service names and company names or logos mentioned on the Services or products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by SmithHönig.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray SmithHönig or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a SmithHönig logo or other proprietary graphic of SmithHönig to link to the Services without our prior written permission. Further, you may not use, frame or utilize framing techniques to enclose any SmithHönig trademark, logo or other proprietary information, including the images found on the Services or products, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our prior written consent.
SmithHönig makes no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Services.
14. Third-Party Content
We may display content, advertisements and promotions from independent vendors and other third parties through the Services or in shipments with products (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. Please be further advised that, pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers.
You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, that third parties are solely responsible for Third-Party Content.
15. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services or any third-party platforms where we have an official presence (such as Facebook, Twitter, Instagram, Pinterest and YouTube). You agree that you will abide by these Terms and will not:
Transmit any information, data, text, images, files, links or software through the Services, except as authorized by us;
Use or attempt to use another member’s account without authorization from such member and SmithHönig;
Introduce to the Services any viruses, worms, Trojan horses and/or harmful codes;
Obtain unauthorized access to any computer system, including, without limitation, access to any API that may be provided by SmithHönig in a manner not authorized by us;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services you are not authorized to access;
Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
Impersonate any other person, including, but not limited to, a registered member or an employee of SmithHönig;
Invade the privacy or violate any personal or proprietary rights, including intellectual property rights, of any person or entity;
Conduct fraudulent activities;
Develop any third-party applications that interact with User Content or the Services without our prior written consent;
Collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email;
Abuse special discounts, awards or incentives offered by SmithHönig (unless otherwise specified, only one offer is valid per person, with a maximum of two per household);
Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and SmithHönig with respect to the Services and any products and services you purchase from us and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and SmithHönig with respect to the same. SmithHönig’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section headings contained in these Terms are included for convenience only and shall not limit or otherwise affect the terms contained herein. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you without the prior written consent of SmithHönig. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights on any other person or entity.