INTRODUCTION

Welcome to Smithey.com (the “Website”)! These Terms of Service are a written contract (the “Terms”) between you and/or your company (collectively, “you”) and Smithey Ironware Company, LLC (“Company,” “we” or “us”) and apply to your use of our Website. These Terms also apply to your purchase and use of any goods or services (collectively, “Products”) through the Website.

If you don’t agree to these Terms, then you must stop using the Website.

ARBITRATION

This is important, so we are mentioning it here at the top of the Terms: These Terms contain an “Arbitration Agreement” where you waive your right to a jury trial and to bring a class action.

What is arbitration?

Legal disputes are usually resolved in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes.  Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. In fact, many arbitrators are retired judges or lawyers. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by videoconference.

What is our Arbitration Agreement?

Under these Terms, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE OR PRODUCTS, THESE TERMS, THE PRIVACY POLICY, OR ANY OF THE OTHER TERMS AND POLICIES LISTED IN THESE TERMS MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law.  Without this Arbitration Agreement, you would have the right to sue in court with a jury trial.

How will the arbitration work?

The arbitration must be filed and conducted through JAMS (www.jamsadr.org), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply to the arbitration. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to us in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

What law will the arbitrator follow?

The laws of South Carolina govern these Terms. The arbitrator will apply South Carolina law to the claims in the arbitration.

Who pays for the arbitration?

In most cases, the only fee you will have to pay to JAMS is $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more (or even all) of the JAMS fees for the arbitration.

The JAMS fees do not include attorneys’ fees. Regardless of who wins the claim, you will be responsible for paying your attorneys’ fees and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorneys’ fees.  If this applies, the arbitrator may award attorneys’ fees as they see fit under such law. 

Are there any instances where a court will get involved?

Yes. There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the arbitration agreement.  However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in Charleston, South Carolina. This exception for equitable relief does not waive our Arbitration Agreement.

Can I file a class action?

No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding.  THIS MEANS CLASS ACTIONS ARE NOT ALLOWED. 

THIRD PARTIES

What are third parties?

Third parties are any person or business other than you or us—in other words, someone who is not a party to these Terms.  Here are a few examples of third parties:

• Our vendors. These third parties help us to run the Website. To do so, they may place cookies on your device or have access to your personal information. We address the exchange of information with our third-party vendors in our Privacy Policy.  
• Other users of the Website. While other users may have agreed to the terms of the Website, they are not party to these Terms between you and us. Accordingly, when other users post Content to the Website, it is third-party Content—meaning neither you nor we are responsible for it.
• Other websites or apps. The Website may contain links to other websites and apps that are operated by third parties. We may have relationships with some of these third parties, while with others, we do not. 

Third-Party Content

Third-party Content includes any posts, uploads, messages, opinions, advice, statements, or other information posted to the Website by a third party. Third parties are solely responsible for their own Content. We do not review all third-party Content and do not guarantee that it is accurate, complete, or useful. We are not responsible for your reliance on third-party Content.

Third-Party Websites

The Website may contain links to third-party websites or apps.  Some of these third parties may have a business relationship with us while others do not. We do not have control over the content or performance of a third-party website. Except where we’ve expressly indicated an affiliate relationship or other endorsement, we don’t represent or endorse third-party websites, apps, information, goods, or services.

PAYMENTS

Your Payments

You agree to pay Company all fees associated with any purchases made by you through the Website.

Our Guarantee

We stand behind the quality of our cast iron and carbon steel cookware. If your cookware is defective, we’ll replace it. If your cookware fails you after honest and normal use, we’ll repair or replace it.

 

Refunds and Returns

We can accommodate returns for new and unused cookware Products purchased on the Website within 45 days of delivery except for these few conditions:

• ENGRAVED COOKWARE is final sale; and
• any FACTORY SECOND cookware is also final sale.

Returns will only be accepted if the cookware Product has not been used and has not been cooked with. We reserve the right, in our sole discretion, to adjust your return method and return resolution if your item(s) arrive in a condition which does not meet our returns policy. Items that do not meet our return policy will be returned to sender.

We only accept returns and exchanges for products purchased on the Website; if you purchased your cookware from a retailer, you must return it to said retailer and the retailer’s refund and returns policy will apply.

You can initiate a return or exchange online by visiting https://smithey.loopreturns.com/#/.

Refunds can only be issued to your original payment method or via store credit, less any shipping fees.

When you initiate a return, you will be provided with a return label and the cost of the return label will be deducted from your refund total. We are unable to provide free return labels for standard returns being refunded to your credit card.

Returns will be processed within 10 days of your return being delivered. You will receive an email confirmation once your return has been processed.

If you’ve paid with Affirm, any payments already made will be refunded to your Affirm account (minus the original shipping cost and return shipping costs). If you paid with a credit card, the full amount of the returned items (minus the original shipping cost and return shipping costs) will be refunded to your credit card (please allow 3-5 days for this to post to your account). If you paid with a gift card, your refund will be issued back to that gift card.

Except as expressly stated in this subsection entitled “Refunds and Returns,” THERE ARE NO REFUNDS AND ALL SALES ARE FINAL.

Exchanges

Was your ironware Product a bit too small or a bit larger than you were expecting? Odds are we have the perfect Product for you and you can return your Product in exchange for a gift card of equal value for use on a future purchase. If you initiate an exchange, you will receive a free return shipping label and a gift card for use on the Website for the full value of the subtotal of the Products that you are returning.

Gift cards will be issued as soon as your return has been tendered to the courier.  Gift cards cannot be split or converted to cash or credit to original payment.

Shipping

All Products are shipped FOB Origin, which means the risk of loss passes to you once they are delivered to the carrier.  Company is not responsible for the acts of porch pirates or other third parties over whom we have no control.

Gift Cards

Gift cards purchased on the Website may only be redeemed for Products on the Website. We cannot re-issue lost, stolen, mislaid or damaged gift cards. You cannot use a gift card to purchase another gift card. You cannot return or otherwise redeem a Gift Card for cash back.

PREMIUM SERVICES

From time to time, we may offer premium services to restore, engrave, or otherwise enhance your Products (collectively, the “Premium Services”). The following terms apply to your purchase and receipt of any Premium Service:

You will receive a shipping label for your Premium Service order (your “Order”) within two (2) business days of our receipt of your Order by email. You will then have sixty (60) days to ship your Products to us so that we may perform the Premium Services. If you do not ship your Products to us within the 60-day window, your Premium Service Order will be cancelled, and all charges will be refunded to your original payment method. If you ship your Products to us after expiration of the 60-day window, you will be required to place a new Order before receiving the Premium Services.

Upon receipt of your Products at Smithey, they will be inspected prior to any Premium Services being rendered.  The following list includes some (but not all) of the most common issues that prevent us from rendering the Premium Services:

• enameled cookware
• cookware containing cracks and or structural damage
• engraving a non-Smithey piece of cookware
• cookware does not match the dimensions you provided in your Order

If, after inspection, we determine that the Premium Services cannot be rendered to your Products, we will ship them back to you and refund the Premium Services fee to your original payment method.  The shipping fee is non-refundable.

We encourage you to utilize our shipping services provided by FedEx.  However, if you are local and drop your order off at our shop, your Order must be picked up in a timely fashion.

Local drop off Premium Service Orders will be charged full price and will be refunded shipping costs if picked up by the agreed-upon date (typically two (2) weeks or less). We cannot hold Orders longer than one (1) week. Orders not picked up within this timeframe will be shipped to your address of record and the shipping fee will not be refunded.

Please ensure that you carefully package your Products prior to transit.  We are not responsible for items damaged or lost in transit.

YOU ASSUME ALL RISK ASSOCIATED WITH THE PREMIUM SERVICES. We are not responsible for any lost, damaged, or broken pieces of Products or other items that are shipped to our facility or any damage that may occur during the rendering of Premium Services or return of your Products to your shipping address. 

YOUR USER ACCOUNT AND CONTENT

Your Account

We may ask you to create a user account (your “Account”) to access certain parts of the Website. You promise that you will only provide complete and accurate information to us in connection with your Account. This means you cannot set up your Account in a manner that impersonates another person or business. If you violate this policy, we may terminate your Account and delete all your Content.

Account Security

It is up to you to ensure your username and password are secure. You agree not to share your Account login details with anyone else. If you believe your Account has been accessed without your permission, you should immediately notify us.

Your Content

We refer to all content uploaded, posted, or communicated to or through the Website as “Content.” Your Content includes your reviews,  images, photographs, profile pictures and information, video and audio recordings, artwork, music, literary works, gifs, memes, reviews, comments, ratings, and your interactions with other users through the Website.  Your Content includes all Content posted through your Account, regardless of whether you personally posted it. 

It is up to you to make sure that your Content obeys these Terms and the law. It is not an excuse to say you did not understand the law, that you were simply reposting another user’s Content, or that you’ve seen similar Content posted by others.  Once you decide to post it, the Content becomes your responsibility.

Abusive and Illegal Content

You agree not to post any of the following types of content:

• Infringing Content. Infringing Content is any Content that does not belong to you and for which you have not obtained permission from the owner to post it. For example, any photograph you did not personally take is infringing Content; however, if your friend took a photograph and gave you permission to post it on the Website, it is no longer infringing.
• Illegal or Obscene Content. Any Content prohibited by law is also prohibited on the Website. We also prohibit obscene Content, including Content depicting violence, rape, drug use, and similar illegal acts, whether fictionalized or real.
• Threatening, Defamatory, or Invasive Content. We don’t allow any Content that threatens or spreads misinformation about other users or persons. We don’t allow any Content that violates a user’s privacy, such as doxing. The enforcement of this section is within our exclusive discretion. This means that we do not have to take down Content just because you feel it is dishonest or threatening.
• Commercial Solicitations or “Spam.” Do not post Content that solicits other users or constitutes spam. Spammy comments are a great way to get your Account terminated. If you see other users posting spam, you should report it. We appreciate your help with our effort to keep the Website spam-free. 

When you post prohibited Content, it creates legal problems for you and our Company. If a third-party asserts any legal claims against us regarding your Content, you agree that you will indemnify, defend, and hold us harmless Company for and against all claims asserted by third parties (including, without limitation, other users) that arise out of or relate to your Content. This means you will pay all attorneys’ fees and other costs we incur to defend our Company in a lawsuit related to your Content. As you can see, it’s easier and cheaper if you don’t post the prohibited Content in the first place!

To prevent such claims from happening, we reserve the right to remove or edit your Content but we have no obligation to do so and we do not conduct such reviews as a matter of practice.

Reviews

If your Content contains any reviews or comments—including reviews of the Website, Products, and Company, you represent that such reviews and comments are true and accurately represent your experience. You understand and agree that, pursuant to the license granted in your Content Company will have the right to republish all or part of your reviews and comments on the Website, Company’s social media accounts, advertising, and other media as Company deems fit.

Consent to Receive Electronic Messages

You consent to receive electronic communications from us, such as text messages, emails, and mobile push notification. Where required by law, we will provide you an additional, express opportunity to opt-in to receive such messages. You can always opt out of receiving electronic communications as follows:

• For email, click on the “unsubscribe” link in the email and follow any subsequent directions.
• For text messages, respond STOP.

For text messages, standard messaging rates will apply. You agree that all texts, calls, and prerecorded messages may be generated by automatic dialing systems.

INTELLECTUAL PROPERTY

Your License to Use the Website

So long as you comply with the terms of these Terms (including all additional policies linked below), Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website. This license does not allow you reproduce, modify, duplicate, copy, sell, resell, distribute, transmit, or otherwise exploit (for any commercial purpose or otherwise) any part of the Website—including the Content of other users—unless you first obtain our written permission.  We reserve all rights not expressly granted in these Terms. If you breach any provision of these Terms, your license will automatically terminate.

Company’s License to Your Content

You are always the owner of your Content; however, we require a license from you to legally display your Content on the Website. Without this license, we could not allow you to upload any Content. Accordingly, you grant to Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created.

Use of Your Content to Promote the Website

As we explain above, we may use your reviews and comments to promote the Website and Products.

Our Intellectual Property

Our name, logo, Product names, the Website domain, and all content and other materials available through the Website other than your Content (collectively, the “Company IP”) are trademarks, copyrights, and intellectual property that are owned by Company and our Third Party licensors and suppliers. Nothing in these Terms grants you any right, title, license, or interest in the Company IP. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP.

Reporting Infringement

We respect the intellectual property rights of others. If you believe your intellectual property has been used on the Website without permission, please contact us at support@Smithey.com.

PROHIBITED CONDUCT

We impose certain restrictions on your use of the Website.  You are prohibited from doing any of the following:

• providing false, misleading, or inaccurate information to Company or any other person in connection with your Account or the Website;
• impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;
• accessing the Account of any other user;
• modifying or changing the placement and location of any advertisement posted through the Website;
• harvesting or collecting information about users, including email addresses and phone numbers;
• using any engine, software, tool, agent, or other device or mechanism (such as browsers, spiders, robots, avatars, AI, or intelligent agents) to harvest or collect information from the Website for any use, including any use on another website, app, or media;
• accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;
• attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures;
• interfering with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware, exploiting vulnerabilities, or through a DDoS attack;
• forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);
• while using the Website, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising;
• attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions or clicks generated by specific Content and/or the Website; or
• creating additional Accounts to promote yourself, your business, or a Third Party (or another's) business, or causing others to do so.

DISCLAIMERS AND LIMITATIONS

No Warranties.

A warranty is a promise made by a business to a consumer about the business’s products or services. The law assumes a business has made certain warranties unless it disclaims them. When a business “disclaims” a warranty, it is the equivalent of saying “we are not making this promise to you.”   

UNLESS WE EXPRESSLY WARRANT SOMETHING IN THIS AGREEMENT, WE DISCLAIM ANY AND ALL WARRANTIES TO YOU, INCLUDING EACH OF THE FOLLOWING WARRANTIES: ALL WARRANTIES ARISING BY OPERATION OF LAW OR OTHERWISE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES.

WE DO NOT WARRANT THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL FUNCTION ERROR-FREE.

If you purchase a Product from us, it may come with its own warranty and disclaimers. In such event, the Product warranty and disclaimers will apply to your use of the Product.  If the Product does not have its own warranty and disclaimer, then the warranties and disclaimers in these Terms shall apply to your use of the Product.

Limitation of Liability.

This section limits the types of claims you can bring against us.  These limitations help us reduce the risks associated with providing the Website and Products—in fact, we could not provide them otherwise.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST CONTENT OR OTHER DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY, INCLUDING GOOD FAITH OR REASONABLE CARE.  THESE LIMITATIONS APPLY REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES. 

MISCELLANEOUS PROVISIONS

Minimum Age

You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if different than 18).

Corporate Use

If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act on behalf of that company, including by agreeing to binding contracts.

Electronic Notice

You consent to receive notices, disclosures, and other communications electronically at the email address linked with your Account. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

Survival

The provisions of these Terms which, by their nature, should survive termination shall survive such termination, including the sections entitled ARBITRATION, INTELLECTUAL PROPERTY, DISCLAIMERS AND LIMITATIONS, and MISCELLANEOUS PROVISIONS.

Severability

If any provision of these Terms is declared invalid, void, or unenforceable, then that provision is severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

No Waiver

A waiver by either you or Company of any term or condition of these Terms, or any breach, in any one instance, will not waive that term or condition or any later breach.

Independent Contractors

You understand and agree that you and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.

CHANGES

Internet technology and the applicable laws, rules, and regulations change frequently. We may need to make changes to these Terms and the Privacy Policy from time to time, including to keep up with changes in the law. If we make a material change, we will notify you in advance so you can decide whether you want to continue using the Website after the change takes effect. Your continued use of the Website after the change constitutes your consent to the updated Agreement or Privacy Policy.  It is up to you to keep the email address associated with your Account up to date so that you don’t miss any such notifications.

OTHER TERMS AND POLICIES

We take your privacy very seriously. Our Privacy Policy (the “Privacy Policy”) is a part of these Terms and is incorporated by reference. The Privacy Policy contains details about how information is collected from you through the Website, how it is used and shared with our service providers, and what your rights are with respect to such information. The Privacy Policy is available here.