Terms and Conditions
Welcome to www.thesmokestackstudios.com (hereafter referred to as "website", "Web Site", or "site") This website is operated by Smokestack Studios LLC. Throughout the site, the terms “we”, “us” and “our” refer to Smokestack Studios LLC (d.b.a. Smokestack Studios®, "Smokestack Studios"). Smokestack Studios offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS:
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS:
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION:
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES:
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable):
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION:
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - NON-FULFILLMENT:
Smokestack Studios reserves the right to cancel and refund any orders at our discretion if we are unable to complete your order. A customer may be notified via their provided e-mail address prior to cancellation.
SECTION 8 - OPTIONAL TOOLS:
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - TRADEMARK AND COPYRIGHT NOTICES:
The website on which these Terms and Conditions are located contain the valuable trademarks and service marks owned and used by Smokestack Studios LLC. These trademarks and service marks distinguish our quality products and services. The content, arrangement and layout of the Web Site, including, but not limited to, the trademarks, service marks, package designs, product designs, text, artwork, graphics, images, buttons, screen shots, music, digitally downloadable files, other content, and the compilation of the foregoing (“Content”) are the property of Smokestack Studios, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of Smokestack Studios.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:
If, at our request, you send certain specific submissions (for example contest entries or photographs) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - THESE TERMS AND CONDITIONS MAY CHANGE:
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you use our Web Site or purchase products from us.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. This Web Site and all products available on this Web Site are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Smokestack Studios, our members, partners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. You acknowledge, by your use of this Web Site and our products, as applicable, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law. In no event shall Smokestack Studios LLC be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of our products.
SECTION 13 - INDEMNIFICATION:
You agree to indemnify, defend and hold harmless Smokestack Studios and our parent, subsidiaries, affiliates, partners, members, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY:
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - TERMINATION:
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16 - ENTIRE AGREEMENT:
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 - SPECIAL OFFERS:
Occasionally we will offer special promotions to our customers that we refer to as "special offers" "sale" or "special offer". This can include a gift with purchase, free shipping, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
SECTION 18 - SHIPPING POLICY:
We ship our products using standard ground shipping via FedEx or USPS, depending on the item being shipped. We currently only ship to the contiguous United States. We do not ship to P.O. Boxes; your transaction may be canceled if an alternate shipping address is not provided within 48 hours of attempted contact by Smokestack Studios. If you would like an order shipped anywhere else, please contact us directly. All shipping/production times are not guaranteed and may vary based upon volume, demand, and lead time. Products will be shipped as soon as possible once payment is received. All orders will be shipped to the address you provide on the invoice during checkout. Be sure to verify your address because:
We will ship to the delivery address listed in the order confirmation. This includes PayPal addresses.
Any packages returned due to wrong or incorrect addresses will be reshipped at the cost of the customer.
Smokestack Studios is not responsible for FedEx and USPS failures, nor are they a reflection on our level of dedication to our customers. Packages lost after confirmed delivery are the responsibility of the purchaser at that time, thus any disputes must be directed to the delivery company that was utilized.
SECTION 19 - RETURNS AND REFUNDS:
All sales are final. No returns or exchanges.
Products found to have a fault upon delivery are classed as “Damaged On Arrival” (DOA). Smokestack Studios must be notified of these faults via e-mail at firstname.lastname@example.org within 7 days of delivery. Failure to provide notification will exclude the product(s) from being classified as DOA, and the return will not be accepted. Smokestack Studios may replace any DOA product with an identical product upon receiving the returned item, if requested. The cost of the product being replaced must fall below the maximum provided insurance. Smokestack Studios will consider each DOA return on an individual basis.
Any undamaged order returned by a courier service due to a customers inactivity, refusal, and/or failure to receive the package(s) will be canceled and refunded less any shipping and handling charges and a 30% restocking fee. If Smokestack Studios considers the order damaged, no refund will be given until a claim with the courier service has been fulfilled.
If any order is returned at the customers discretion and without our approval, the transaction will be canceled, no refund will be given, and the product will be retained.
If a package is considered lost in transit under the couriers terms, a refund may be issued once a claim has been completed. If the lost package was shipped via the United States Postal Service a claim can only be filed if the package remains undelivered for a minimum of 30 days, but within 60 days, from the date of mailing. Smokestack Studios will take no action until we are able to file a claim. In most circumstances, packages arrive at their destination within 30 days. If the lost package was shipped via FedEx a claim may be filed immediately.
Smokestack Studios reserves the right to consider any returns on an individual basis. In the event that a return is approved by Smokestack Studios, a full refund of the purchase price of the product may be credited less the initial shipping fee, if applicable.
SECTION 20 - DAMAGED ITEMS AND INSURANCE:
We may request, on an individual basis, verification of the damaged item or a return of the damaged product in order to replace it. In the event your product was damaged during shipping we will replace it with a new product upon receiving the returned item, if requested. The cost of the item being replaced must fall below the maximum provided insurance.
No restocking fee will be charged.
FedEx shipments are insured on products up to $100 dollars and USPS shipments are insured up to $50. Damaged orders that cost more than the provided insurance will not be covered by Smokestack Studios.
SECTION 21 - ERRORS, INACCURACIES AND OMISSIONS:
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 22 - GOVERNING LAW:
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 7411 Mill Bridge Ct. St. Louis Missouri US 63129.
SECTION 23 - CHANGES TO TERMS OF SERVICE:
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION:
Questions about the Terms of Service should be sent to us at email@example.com
SECTION 1 - COLLECTING INFORMATION ABOUT YOU:
Smokestack Studios LLC is committed to respecting your privacy and recognizing your need for appropriate protection and management of contact information you share with us (the phrase "contact information" means any information by which you can be contacted or personally identified, such as your name, mailing address, email address, telephone number, etc.).
There may be times (such as when you purchase or order a product, subscribe to a service, register to receive catalogs, or to participate in contests, sweepstakes or promotions, etc.) when we ask you to provide certain contact information about yourself, such as your name, shipping/billing address, telephone number, email address, social media user name, credit card information, birth date, gender, occupation, personal interests, and other information. We may also maintain a record of your product purchases.
Whether or not to provide such information is completely your own choice. In general, you can visit our web page without telling us who you are or revealing any contact information about yourself. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers and content on our web site. In addition, we may need to contact you via phone, email or mail to address questions or issues specific to your order, entry, etc., even if you have opted to not receive marketing communications from us.
We allow Google to collect certain information when you visit and/or use our web site. They may use non-personally identifiable information (e.g., click stream information, browser type, time and date, location) during your visits to this web site in order to provide us with analytical data. They typically use a cookie or third party web beacon to collect this information. More information on cookies can be found in the Section 2 and Section 8.
SECTION 2 - USING INFORMATION ABOUT YOU:
We use your contact information for analytical and marketing purposes, such as:
confirming and tracking your order, subscription, or registration;
analyzing preferences, trends, statistics, and demographics;
informing you of our new products, services, and offers; and
providing you with other information from and about Smokestack Studios
We may track the Internet domain address from which people visit us, other electronic markers and identifiers and other information about our site and mobile app traffic. We may analyze this data for preferences, trends, demographics, site usage statistics, and to recognize you. We may also receive usage data from your mobile phone or other device you use to access our web sites or our mobile applications, including location data, which we may also combine with other information. To opt out of these cookies from Google you can visit the following link: Opt-out
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 3 - CONSENT:
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to opt out.
We want to communicate with you only if you want to hear from us. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at firstname.lastname@example.org Please be sure to include your full name, email address, mailing address, and specifically what information you do not want to receive. If you would like to update or correct your email address, mailing address or other contact information with us please contact us the same way.
You may also click the designated link at the bottom of all email advertisements to be removed from future email updates.
Please note that any requests to remove or update your contact information may take up to five days for your email request.
SECTION 4 - DISCLOSURE:
In certain instances we may disclose your contact information when we have reason to believe that it is necessary to identify, contact, or bring legal action against persons or entities who may be causing injury to you, to Smokestack Studios, or to others. We may also disclose your contact information when we believe the law or legal process requires it, or if you violate our Terms and Conditions (Terms of Service).
SECTION 5 - E-COMMERCE:
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases, and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 6 - THIRD-PARTY SERVICES:
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Our website uses Google Analytics to help us learn about who visits our site and what pages are being looked at. To opt out of Google Analytics please visit the following link: Opt-out
SECTION 7 - SECURITY:
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. We follow all PCI-DSS requirements and implement additional generally accepted industry standards. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your information, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk.
We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place.
SECTION 8 - COOKIES:
If you would like to opt out of accepting cookies altogether, you can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. However, certain features of our web sites or other services may not work if you delete or disable cookies.
SECTION 9 - AGE OF CONSENT:
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 10 - QUESTIONS AND CONTACT INFORMATION:
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact us at email@example.com
SECTION 11 - POLICY CHANGES: