Terms & Conditions
These Terms&Conditions are applicable to any use of the e-store on the website www.smithandfrank.com or any related webpage ("Website"), as well as any services available on the Website and to all offers, orders and agreements connected therewith of SmithandFrank. If you do not agree with the Terms&Conditions, you may not order any products on the Website or in any other way use the Website.We advise you to read the Terms&Conditions carefully to ensure that you are aware of your rights and obligations.
The webshop (SmithandFrank) on the Website is offered to you by Ten Points Capital Inc, a company established and existing under the laws of the United States of America.
You acknowledge and guarantee that by using the Website you have reached the age of 21 years. The Website is intended solely for persons who are 21years of age or older, and any registration, use or access to the Website by anyone under the age of 21 is unauthorized, unlicensed, and in violation of these Terms&Conditions.
Your Account
To order products from SmithandFrank, we require information from you. You undertake to comply with all instructions stated on the Website by, among other things, providing true, accurate, current and complete information about yourself. You undertake to update information about yourself within ten (10) days of any changes.
For a tailored shopping experience and prices you can register an Account on the Website. It is not permitted to create an Account using the name of another person or company. During registration, you must provide a user name, e-mail and password (“Login Details”) with which you can gain access to your Account.
You will receive an email including your Login Details upon completing the registration process on the Website. You are responsible for maintaining the confidentiality of the Login Details, and are fully responsible and liable for all activities that occur with your Account. You agree to immediately notify SmithandFrank of any unauthorized use of your Login Details or Account or any other breach of security, and ensure that you exit from your Account at the end of each session. SmithandFrank cannot and will not be liable for any loss or damage arising from your failure to comply with this article.
If an unauthorized person uses your password and/or account and consequently such use results in claims against SmithandFrank, you will be liable towards SmithandFrank for any damages suffered by it in connection to such claims.
Products and Orders
You agree that the use of the Website including the webshop is at your sole risk. You agree that all products, advertised or sold within the Website are expressly intended for ornamental purposes, collector purposes or for use with legal smoking products or other lawful purposes only. No other use for these items in any way is either intended or condoned by you or SmithandFrank.
Unless otherwise specified by SmithandFrank, all offers made by SmithandFrank are without commitment until you have received confirmation of your order from SmithandFrank, by which the agreement between you and SmithandFrank for the purchase of a product (“Agreement”) is concluded. Neither manifest errors nor minor misstatements in the information concerning the products on the Website, including the images, bind SmithandFrank.
You declare that you are aware of the technical steps leading to the conclusion of the Agreement, whether the Agreement shall be archived and is accessible, and the languages in which the Agreement can be drawn up. You will be shown a summary of your selected products before the order is placed. In this summary, you are given the opportunity to adjust the order before the products are ordered.
Price and Payment
All prices stated by SmithandFrank are in United States Dollars and inclusive of value-added tax (VAT), other government levies, and the delivery costs of the product unless otherwise stated. You can pay the amount due by the method specified on the Website.
Delivery and shipping info
The products purchased by you on the Website are delivered to the address specified by you for that purpose. Delivery will be made only after your payment has been received unless you have opted for payment in arrears. During the transportation of the product(s) SmithandFrank will carry the risk of damage, theft, or loss. At the moment of delivery of the product(s), the risk passes to you.
In case SmithandFrank is not able to deliver the product(s) within 30 (thirty) days, SmithandFrank shall inform you immediately in writing in which case you are entitled to terminate the Agreement by notifying such in writing to SmithandFrank. SmithandFrank will repay the amount paid by you into an account specified by you within 14 days at the latest, without incurring any other or further liability.
Ownership of the ordered products shall not pass from SmithandFrank to you until you have fully paid the agreed total amount.
You acknowledge that products ordered by you may be confiscated by customs. Such event falls outside of SmithandFrank ‘s sphere of influence and SmithandFrank cannot make any guarantees in that regard. If such is the case SmithandFrank will not refund any payments to you.
Returns and Complaints
Right of withdrawal
You have the right to withdraw from the contract within a period of 14 days without giving reasons.
The withdrawal period shall expire 14 days after the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.
In order to exercise the right of withdrawal, you must inform us
Ten Points Capital Inc
2719 Hollywood Blvd, A-1975 Hollywood, FL, 33020 USA
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery but excluding the costs associated with returns, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back.
You shall send back the products, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The costs of the return shipment will be at your expense, unless we have agreed otherwise. You bare the risk during this transportation. In the event payments have already been made, SmithandFrank shall, after receiving the products concerned, refund the money of this Agreement you within 14 days.
You shall handle ordered products with due care during the withdrawal period. You may only unpack and use the ordered products to be able and to the extent necessary to determine the nature, characteristics and functioning of the products. As a rule of thumb, you may only use and inspect the products as you would in the shop.
The obligations of SmithandFrank referred to in this article will not be applicable in the event that the defect to a product has been fully or partially caused by any incorrect, improper, careless or incompetent use and/or if you have made any modifications to the products.
Complaints
You can file a complaint relating to the Website with SmithandFrank by filling out the contact form on the contact page of the Website. SmithandFrank will respond to the complaint as soon as feasible.
Privacy
When visiting the Website, ordering a product and setting up and using an Account, you provide personal data to SmithandFrank. These personal data are and will be processed in accordance with the provisions of SmithandFrank ‘s Privacy Policy and the applicable laws and regulations.
Intellectual Property Rights
The intellectual property rights and related rights such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as rights to know-how and sui generis intellectual property rights (“Intellectual Property Rights”) with respect to the Website and with respect to the information made available through the Website, including but not limited to texts, look and feel, and video, audio, visual or photographic material, are vested in SmithandFrank and/or its licensors.
Unless with permission from SmithandFrank or the relevant entitled party or permitted by mandatory law, you are explicitly prohibited from downloading, copying, amending, reverse engineering, publishing and using any information made available through the Website for any direct or indirect commercial purposes or any other purposes other than those referred to in the Terms&Conditions.
You may not remove, obscure, conceal or modify any notices or statements relating to Intellectual Property Rights.
No part of the Terms&Conditions is intended to transfer any Intellectual Property Rights to you. You undertake to refrain from performing any acts that may infringe on the SmithandFrank‘s Intellectual Property Rights, including filing applications for registration of domain names, trademarks or Google AdWords that are similar or identical to any item to which SmithandFrank holds the Intellectual Property Rights.
