Terms and Conditions

Welcome to Sminski! These Terms and Conditions (“Terms”) govern your use of our website, sminski.store (the “Site”), and any purchases you make from us. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our Site.

1. Acceptance of Terms

By using the Site, you confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or guardian. You agree to comply with all applicable laws and regulations regarding your use of the Site.

2. Products and Services

Sminski specializes in the sale of Muppet products. All products are subject to availability. We reserve the right to discontinue any product at any time. We also reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction.

3. Accuracy of Information

We strive to ensure that all information on the Site, including product descriptions, pricing, and availability, is accurate and up-to-date. However, we do not warrant that product descriptions or other content of this Site is entirely accurate, complete, reliable, current, or error-free. If a product offered by Sminski is not as described, your sole remedy is to return it in unused condition, as per our Returns Policy.

4. Pricing and Payment

  • All prices displayed on the Site are in U.S. Dollars (USD).
  • Prices are subject to change without notice.
  • We accept various payment methods as indicated on our checkout page. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and shipping fees).
  • In the event of a pricing error, we reserve the right to cancel any orders placed for the product at the incorrect price, even if the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.

5. Orders and Order Acceptance

  • Your placement of an order does not necessarily mean that we accept your order. We may, in our sole discretion, refuse to accept or may cancel any order and limit order quantity.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • You will receive an order confirmation email once your order has been placed. This email is an acknowledgment of your order details and does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.

6. Shipping and Delivery

  • Shipping and delivery are subject to our separate Shipping Policy, which is incorporated into these Terms by reference. Please review the Shipping Policy for details on processing times, shipping methods, costs, and estimated delivery times.
  • Risk of loss and title for items purchased from Sminski pass to you upon our delivery to the carrier.

7. Returns and Refunds

  • Returns and refunds are subject to our separate Returns Policy, which is incorporated into these Terms by reference. Please review the Returns Policy for details on eligibility, how to initiate a return, and refund processing.

8. Intellectual Property

  • All content on the Site, including text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Sminski or its content suppliers and protected by U.S. and international copyright laws.
  • The Muppet characters and related intellectual property are the registered trademarks and copyrights of their respective owners (e.g., The Muppets Studio, LLC). Sminski sells officially licensed or lawfully acquired Muppet products but does not claim ownership of the Muppet intellectual property itself.
  • You may not use any of our trademarks or trade dress without our prior written consent.

9. User Conduct

  • You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Site.
  • Prohibited conduct includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Site.
  • You may not introduce viruses or any other malicious code, use any robot, spider, or other automated means to access the Site for any purpose, or attempt to gain unauthorized access to any portion or feature of the Site.

10. Disclaimer of Warranties

The Site and all products are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Sminski does not warrant that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.

11. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Sminski, its directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site or products; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

12. Indemnification

You agree to defend, indemnify, and hold harmless Sminski and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site, by you or any person using your account and password; b) a breach of these Terms; or c) your violation of any third-party rights, including without limitation any copyright, property, or privacy right.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Texas, USA, without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to or use of the Site or products shall be instituted in a state or federal court in Travis County, Texas.

14. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements we might have between us regarding the Site.

16. Contact Us

If you have any questions about these Terms, please contact us:

Email: [email protected] Phone: +1 503-315-8611 Address: Sminski 945 Consuelo Way Round Rock, TX 78665 USA

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