These are the terms and conditions for all orders placed on www.smirthwaite.com and for customers that are deemed as ‘consumers’.

Definitions

This site is owned and operated by Smirthwaite USA LLC (referred to as “Smirthwaite”, “us” or “we”).
Our registered office is at 405 Lexington Avenue, 26th floor, New York NY10174
By using or accessing this website and/or placing any order(s), you agree to be legally bound by these terms and conditions
Consumer (you) is also a private individual (an individual acting for purposes which are wholly or mainly outside of the individual’s trade, business, craft or profession), an attorney acting on behalf of an individual or a charity buying goods from us solely for the use of an individual.

1. Copyright

All rights including copyright in this website are owned by Smirthwaite. It is not permitted to copy, modify, distribute or re-post anything on this website without the permission of Smirthwaite.

2. Content Accuracy

Smirthwaite makes every effort to ensure the contents of this website, including, illustrations, prices, product details and technical data are clear and accurate at the time of publishing. All weights and dimensions shown are approximate only. Whilst every effort is made to match all website imagery to actual colours and finishes, all goods are supplied on the understanding that there may be slight dye and shade variations. We cannot guarantee that any product seen on the website will accurately reflect the delivered item, as colours in imagery are not always 100% accurate. For this reason, we offer free of charge fabric swatches which are available on request.
Due to our policy of continual improvement, some products may vary from those described. The company reserves the right to amend the specification, construction and/or design but only with consultation with the consumer.
We do not accept any liability for any errors or omissions contained within this website.

3. Exclusions of Liability

We make every effort to ensure this website is free from viruses or defects and cannot be held liable for any damage to computer systems as a result of using this website.
We set up links with other websites that we think you may find useful. We do not vet these websites and do not have any control over their contents. Smirthwaite cannot accept any liability in respect of the use of these websites.

4. Availability

All items are subject to availability. We will inform you as soon as possible if items are no longer available and we can substitute the goods. Delivery days quoted are business days and do not include weekends and public holidays. We will make every effort to keep you informed of any delays.

5. Prices
1. All prices are US$ and FOB Hasbrouck Heights NJ.
2. Orders should be emailed to info@smirthwaite.com
3. Payment terms at point of sale
4. Payment can be made by the methods shown
Prices are available on request by contacting Customer Services by email info@smirthwaite.com or by phone (1) 212 541 2455.
6. Sales Tax

Sales tax will be charged at the prevailing rate where appropriate as dictated by the US government and Federal legislation.

7. Orders

All orders must be received in writing by email.

Upholstery colours: Where the customer does not confirm the upholstery colour when placing the order, Smirthwaite reserves the right to provide the goods in the standard-issue colour.

Where parts are ordered for previously purchased equipment the serial number of the equipment should be supplied. If it is not available Smirthwaite cannot be liable for any parts that are supplied that do not fit and a charge will be made for the return of the goods and subsequent replacement.

8. Ordering errors

If you make a mistake when placing an order, please contact Customer Services as soon as possible by email info@smirthwaite.com or by phone (1) 212 541 2455

If your goods have not been despatched we will try to rectify the mistake. If goods have been despatched there will be a charge to have the goods returned and redelivered. If you amend your order this may change your delivery date and/or the price you will pay for the item. You will be asked to confirm changes to your order in writing by email.

9. Order acknowledgement

Where agreed your order will be acknowledged by e-mail. If you do not hear from us within seven days of placing the order please contact us. You are responsible to check that the order acknowledgement is as ordered and if you are in doubt please contact our Customer Services by email info@smirthwaite.com or phone (1) 212 541 2455. The delivery dates are quoted in good faith and are to be treated as estimates only.

10. Payments

Smirthwaite reserve the right to charge interest on all overdue payments and outstanding balances at the annual rate of 8% above the base lending rate from time to time of JPMorgan Chase Bank accruing daily until payment is made, whether before or after any judgement.

11. Shipping and delivery
Damaged or Loss
We do our best to prevent damage or loss of your shipment and will work with you to resolve any problems that occur. Please help by following these instructions:
1. Upon delivery, please check the receipt to ensure that you received all carton(s)/Skids(s) and verify that they appear to be in good condition.
2. You may refuse any shipment that has sustained loss or damage. If you choose to sign for the shipment, have the driver note any damage or loss directly on the delivery receipt, no matter how slight.
3. Keep the item in the original packing carton for inspection purposes and /or possible reshipment.
4. Email Smirthwaite USA LLC Customer Services on info@smirthwaite.com immediately to report any damage. Carriers may deny claims for damage not reported to them within 24 hours of delivery.
5. Our returns department will issue a returns authorization number (RMA)- this number must appear on each return package. No unauthorized returns will be accepted.
12. Returns
Please email our returns department info@smithwaite.com for a return authorization number (RMA). Please ensure this number appears on each return package as no unauthorized returns are accepted. Return the item(s) within 30 days to the following address; Smirthwaite USA LLC. C/o FlagHouse Warehouse. Returns Dept.
601 FlagHouse Drive. Hasbrouck Heights. NJ 076904-3116. Retain the proof of postage or shipment receipt as this is your proof of return and contains tracking information. Smirthwaite USA LLC will issue a credit to the original purchaser as soon as the return is processed.
13. Trademarks

Smirthwaite is a registered trademark of Smirthwaite Ltd.

All other Smirthwaite graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Smirthwaite Ltd. Smirthwaite’ trademarks and trade dress may not be used in connection with any product or service that is not Smirthwaite’, in any manner that is likely to confuse customers, or in any manner that disparages or discredits Smirthwaite. All other trademarks not owned by Smirthwaite or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Smirthwaite or its subsidiaries.

14. Applicable Law

By visiting Smirthwaite, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and Smirthwaite or its affiliates.

15. Ordering error

If you make a mistake when placing an order, please contact Customer Services as soon as possible by email info@smirthwaite.com or phone (1) 212 541 2455.

If your goods have not been dispatched we will try to rectify the mistake.

If you amend your order this may change your delivery date and/or the price you will pay for the item. You will be asked to confirm changes to your order by email or in writing.

16. Legal Title

The legal title will not pass to the consumer until the goods have been paid for in full. Risk passes to the consumer when the goods are handed over to the courier.

17. On Receipt of your Goods

On receipt of your goods, open the packaging and check your items carefully. If you have any concerns see Returns below. Keep all packaging in case you need to make a return. Once you are happy that you are going to keep the goods, please dispose of all packaging carefully. Please read any instruction manuals carefully, as not following the instructions may invalidate your warranty and may affect your use of the product. We recommend that you keep the instructions for future use.

Please ensure that all users of the equipment have access to the instruction manual. Copies are available on request and may be downloaded from the website.

18. Notice of Damage

If goods appear damaged, incomplete or incorrect on receipt, this must be noted on the courier’s documentation. You must notify our Customer Services no later than 3 days after delivery by email info@smirthwaite.com or phone (1) 212 541 2455.

19. Cancellations

Please inform us as soon as possible us by email info@smirthwaite.com or phone (1) 212 541 2455 when an order needs to be cancelled. If the goods have not been dispatched the Company may levy a charge for any special items that have been manufactured.
Non-standard items cannot be credited.

If you cancel your order once it has been dispatched you must not use the goods, must take care of them and return them to the address advised by Customer Services. A restocking fee of 20% of the value of the goods may be charged. Equipment and parts that are non-standard cannot be credited. Please ensure the goods are maintained in a saleable condition and in their original packaging. If you do not comply with the above obligations, we will not agree to raise a credit.

20. Returns of Cancelled Goods

You are responsible for returning the goods to us at your own expense. Goods must not be returned without notifying us by email info@smirthwaite.com or phone (1) 212 541 2455. You will be issued with a goods return number and this needs to be clearly marked on the outside of the packaging. Goods must be returned in suitable packaging. Smirthwaite reserves the right to dispose of any non-saleable or un-creditable returned goods.

21. Warranty

Smirthwaite warrants the products detailed on your order to be free from defects in materials and workmanship for 2 years from the date of delivery. If a fault develops during this period, please contact Customer Services team by email info@smirthwaite.com or phone (1) 212 541 2455 who will advise you on the best course of action.

The warranty excludes faults due to accident, neglect, misuse, not following the Instructions and normal wear and tear. This guarantee is in addition to your legal rights. A charge may be made where the goods cannot be repaired under the warranty. You will be advised before this is made.

22. Children

Smirthwaite does not sell products for purchase by children. If you are under 18 you may use the website but any purchases should be made by an adult over 18

23. Privacy

We are committed to protecting your privacy. We will only use the information given at the time of ordering which is collected lawfully and in accordance with the Data Protection Legislation. Your name will only be added to a mailing list with your consent and we do not transfer the data to a third party apart from to arrange deliveries or collections of goods by our third-party couriers. We collect information about you for two main reasons to process your order and to enable us to provide the most efficient and effective service possible. The type of information we will collect about you includes – your name and address, phone number, your email address, and profession. Please note that some of these fields are optional and the information is only so that we can provide our customers with information as effectively and efficiently as possible.

Our aim is not to send unwarranted emails to you unless you have consented to be on our mailing list. You may request to be removed from our mailing list by sending an email to info@smirthwaite.com. The personal data will be held securely in accordance with our internal security policy and current legislation.

For a full copy of our Terms and Conditions, please contact Customer Services on email info@smirthwaite.com or phone (1) 212 541 2455.

Child Protection Policy is also available upon on request.

24. Disputes and Set-Off

Any Liability of Smirthwaite under the contract shall be subject to and conditional upon the due performance and observance by the customer of all its obligations under these conditions and subject to these conditions the customer shall not be entitled to withhold or delay payment or exercise any right or set-off whatsoever and howsoever arising or arisen which might otherwise be available to it.