Terms & Conditions
Updated 20th April 2016
Welcome to Smithers Foams at www.smithersfoams.com (the ‘Site’). This Site and its supporting operation is managed by Smithers-Oasis USA Ltd, registered in USA. Please read the following policies carefully before using the Site. By using the Site, you signify your agreement to be bound by these conditions.
In these policies, the following definitions apply:
“Smithers-Oasis USA. Ltd trading as Smithers Foams” (also referred to as ‘we’ and ‘us’) means Smithers-Oasis USA. Ltd trading as Smithers Foams and any other connected organisation that supplies the goods to you and any successor to its business, registered in USA. All rights reserved.
“Site” means Smithers Foams online shopping website at www.smithersfoams.com.
“Shop” means Smithers Foams’s Online Shop for online ordering of merchandise located at www.smithersfoams.com.
“We and Us” means Smithers-Oasis USA. Ltd trading as Smithers Foams either alone or together with you, as the context requires;
“Working day”, means every day of the year except weekends, and English statutory public holidays;
“You” means the person ordering the goods subject to these terms and conditions;
295 South Water Street
Kent, OH 44240
Tel: (330) 945-5100
Fax: (330) 945-5120 Registered in USA.
Email at email@example.com
Lines are open between 9am – 5pm on weekdays (Excluding Holidays).
Terms and conditions applying to items purchased before the above date can be obtained by emailing firstname.lastname@example.org
These are the general terms and conditions of Smithers Foams governing your use of the Site.
1. What you are allowed to do
1.1 Purchase goods from the Shop, provided you accept the Terms of Sale, which will apply to any contract made between you and Smithers Foams for the purchase and sale of goods from the Shop. These terms are outlined in Section 2 below;
1.2 Browse the Shop using a compatible web browser. Permission to browse the Shop includes permission to make transient or cached copies of parts of the Shop to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Shop by you;
1.3 Print a copy of any page of the Shop; for your own personal purposes, provided you do not do any of the things set out under “What you are not allowed to do”.
2. What you are not allowed to do
2.1 You may not remove or change anything on the Shop;
2.2 You are not allowed to copy or use any material from the Shop for any commercial purpose;
2.3 You are not allowed to remove or change any copyright, trade mark or other intellectual property rights notices contained in the original material or from any material copied or printed off from the Shop.
3. Your personal information
4. Usernames and Passwords
4.1 If you want to purchase something from the Shop, we will ask you to register an account with us. During registration, you will be asked to provide your email address and password, which you can use to make a purchase;
4.3 In the event of any failure or error in the operation of a password(s), you shall cease using the password(s) and exit the Shop immediately, and notify Smithers Foams of such failure or error.
5.1 All intellectual property rights in any material (including text, photographs and other images and sound, downloads, software, trade marks and logos) contained in the Site is either owned by Smithers Foams or has been licensed to Smithers Foams by the rights owner(s) so that Smithers Foams can use this material as part of the Shop. These rights are protected by United Kingdom and international copyright and database right laws. You are only allowed to use this Shop and the material they contain as set out in these terms.
6. Third party web sites
6.1 This Shop also contains links to other third party web sites, which are not under the control of and are not maintained by Smithers Foams. Any such links do not constitute an endorsement by Smithers Foams of any products or services available on such sites. Smithers Foams provides these links for your convenience only and you use such links entirely at your own risk. We accept no responsibility for the content or use of such sites or information contained in them.
7. Suspension and termination of accounts
7.1 Smithers Foams may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Shop from time to time. Access to or use of the Shop or pages linked to it will be not necessarily be uninterrupted or error free;
8. Enquiries or complaints
8.1 If you have any enquiries or complaints about the Site then please address them to:
295 South Water Street
Kent, OH 44240
9. General and governing law
9.2 This Agreement constitutes the entire agreement between Smithers Foams and you and supersedes all prior agreements, representations, statements and understandings between Smithers Foams and you regarding the use of the Site. You agree that you have not relied upon any representation or statement not recorded in these Conditions in entering into this Agreement.
9.3 The failure of Smithers Foams to exercise or enforce any right or provision of this Agreement or the delay by Smithers Foams in so doing shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
9.4 These terms and conditions shall be governed and interpreted in accordance with American law, and you consent to the non-exclusive jurisdiction of the American courts in respect of any dispute arising there from.
II. Terms of Sale
1. The Sales Terms
Should you purchase any goods from the Shop, you will be contracting with Smithers Foams on the terms outlined below. Please read these terms and conditions carefully.
1.1 These Terms of Sale (“Sales Terms”) govern the supply of any goods you order via this Shop. Please read through the Sales Terms carefully. If you do not agree with the Sales Terms, do not order any goods from this Shop. If Smithers Foams accepts any order for goods from you, then its agreement with you will be made on these Sales Terms.
1.2 Please note that Smithers Foams reserves the right to amend the Sales Terms from time to time. Smithers Foams will publish the amended Sales Terms on the Shop and any new versions of the Sales Terms will come into effect as soon as Smithers Foams publish them on the Shop (with the exception that any orders that Smithers Foams have already accepted from you prior to any such change will be subject to the Sales Terms in force at that point). If you use the Shop after Smithers Foams has published the new Terms, your continued use of the Shop indicates that you agree to be bound by the new Sales Terms.
2. Availability of the goods supplied by the Shop
2.1 Smithers Foams may terminate or suspend the supply of any goods displayed on the Shop in the event of out of stocks, for support or maintenance work, in order to update content or for any other reason. Smithers Foams may do this at any time and without notice. Products on the Shop are normally available for despatch within 24 hours.
3. Buying goods from this Shop
3.1 Pricing policy – Smithers Foams may change the prices of the goods displayed on the Shop at any time. The prices for all the goods available on the Shop are clearly marked in their description and all items are subject to VAT at the prevailing rate. The VAT inclusive amount is included in the total price published on the site. We reserve the right to raise our prices in line with any increase in the prevailing rate of VAT. This will be shown clearly on your order. All applicable delivery charges are also displayed on the Shop. All prices are in Pounds Sterling. Smithers Foams may make available offers and discounts using promotion codes. Only one promotion code is valid per order.
3.2 Conclusion of Contract of Sale – The information relating to Smithers Foams’s goods and relevant prices are displayed on the Shop for your information and to enable you decide whether you would like to make us an offer to purchase any such goods. Smithers Foams cannot accept your order until you have paid for it in full (including any applicable delivery charges). When you place an order to purchase a product from www.smithersfoams.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we’ve dispatched that product to you. That acceptance will be complete at the time we send the dispatch confirmation e-mail to you. Any products on the same order which we have not confirmed in a dispatch confirmation e-mail to have been dispatched do not form part of that contract. Whether or not you receive the e-mail, our acceptance of your order will create a legally binding contract between us. We reserve the right not to supply you at our discretion.
Payment is deducted when we process your order. We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.
3.3 Method of payment – For orders placed via the Shop, Smithers Foams accepts Visa, MasterCard, Delta, Switch, Maestro and PayPal. When making your payment, it is imperative that you provide the information that Smithers Foams specify is required, for example, cardholder’s name as it is shown on the card and address exactly as it appears on the card statement. Your card will be debited when Smithers Foams confirms that it has accepted your order. Ownership or title to the product shall not pass to you, the buyer, until Smithers Foams has received payment in full.
Prices on the Site are based in American Dollars. Once you confirm your order, your card will be charged in an amount in USD which you will be able to preview on the Confirmation Page.
3.4 Delivery – Delivery charges are displayed on the Site for USA and International orders for Standard and Next Day Delivery, the latter of which is not available for deliveries outside the USA. Orders placed with our standard delivery service will be dispatched by post to reach the customer within 3-5 working days for USA addresses. Unfortunately we cannot deliver to PO Boxes outside of the USA.
Please note it is the customers responsibility to make sure the correct shipping address is provided on their order, Smithers Foams are not liable for orders sent out with incorrect addresses.
Our next day delivery service, when it applies to orders for delivery to USA addresses as indicated on the Shop, is available for orders placed Monday to Friday before 1pm. Please note next day delivery applies to stock lines only. Orders placed with our standard delivery service will be dispatched by post to reach the customer within 3-5 working days for USA addresses. If for any reason we are unable to meet our delivery commitments, we will contact you with a revised estimated delivery date or offer you the option to cancel or select other goods.
If you have not received your goods within the above timeframe, please contact our customer services department by email at email@example.com . USA. For more information on our delivery services click here.
3.5 Out of stocks – If any item you have chosen is unavailable, Smithers Foams will contact you via phone or your email address and set out the options that are available to you.
3.6 Return of goods policy – We want you to be completely satisfied with your purchases. Please let us know if you are not entirely satisfied with our products or our service, so that we can rectify the situation. We try to ensure that the products are the same as our original samples, although sometimes differences do occur. Items are described and photographed as accurately as possible, but please note that sizes, colours and designs may vary. If you are not completely satisfied with any item you ordered, just return it, unused and in their original condition and packaging (with your customer advice note) within 30 days of the date of receipt and we will refund your money. Items returned under Smithers Foams’s 30 days returns policy must be unused and in their original packaging. Please note: we can only accept the return of used items if they are faulty. If you decide to return the goods within this 30 day period, you are responsible for the cost of postage and packaging necessary to facilitate the return. If your goods are different to those ordered, faulty or damaged on delivery we will exchange the product or issue a full refund to you (Including any delivery charges you have paid).
When you send your item back to us, we’ll process the returned item then notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within 30 days of our receiving your return. Please note that the costs for returning the item to us are unrefundable.
If you are returning an item because of an error on our part or because it is damaged or defective, we will be happy to issue a refund or exchange the product, and we’ll refund the delivery charges incurred in sending the item to you and we’ll reimburse your costs in returning it to us.
We are only able to replace identical products (requests for different sizes acceptable), so if you wish to order additional items it will be treated as a new order.
Returned goods remain your property until they are received at our mail order centre, so we strongly advise that you use a recorded method of delivery (proof of posting) when returning goods to Smithers Foams.
Smithers Foams return policy is in addition to your statutory rights.
3.7 Cancellation Policy – Please note that you have a legal right to cancel your order within 7 working days of the date of receipt of the goods. The right to cancel can be exercised in writing or via email as firstname.lastname@example.org. USA. By returning (at the customers expense), packing securely and enclosing the advice note and receipt and sending it back to Smithers Foams, United Kingdom, a refund will be provided within 30 days of the date of cancellation.
If you wish to cancel your order you can also do so before it is dispatched either by telephoning us on 0330 123 9114 (lines are open 9am – 5pm weekdays) or e-mailing us at email@example.com. USA.
3.8 Legal age – Smithers Foams does not sell products for purchase by children. If you are under 18, you may use Smithers Foams only with the involvement of a parent or guardian. We sell knives, scissors, adhesives, glues and sprays which are not suitable for purchase or use by minors.
3.9 Vouchers – From time to time, vouchers may be issued for free delivery or for discounts on orders or products online. You may only use one voucher per order. Some vouchers may only be used once per customer. These vouchers may only be for use on our website. Please contact firstname.lastname@example.org. USA if you have any questions about redeeming a voucher code.
3.10 Free gifts -From time to time, free products may be offered with a product or order. These free products are included as part of your order and if any part of the order is returned for a refund we reserve the right to deduct the value of the free gift from your refund if they are not returned too.