TERMS AND CONDITIONS
SmithsInfusion.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at smithsinfusion.com, kompelienkrafts.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future smithsinfusion.com service or visit or purchase from any business affiliated with smithsinfusion.com, whether or not included in the smithsinfusion.com web site, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit smithsinfusion.com or send e-mails to us, you are communicating with us, Smith’s Infusion, electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. As an approved customer of Smith’s Infusion, you will be opted in to our weekly marketing newsletters and other email promotions. Customers can opt-out at any time using the unsubscribe link in each email.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video, digital downloads, data compilations, and software, is the property of us or our content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of us and is protected by United States and international copyright laws. All software used on this site is the property of us or our software suppliers and protected by United States and international copyright laws.
Smithsinfusion.com and other marks indicated on our site are trademarks of Smith’s Infusion in the United States and other countries. Smithsinfusion.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of us or our affiliates. Our trademarks and trade dress may not be used in connection with any product or service that is not a smithsinfusion.com product, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Smith’s Infusion. All other trademarks not owned by us or our affiliates 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 us or our affiliates.
License and Site Access
We grant you a limited license to access and make personal use of this site and not to download (other than page caching and collection assets) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize our framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smith’s Infusion and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of smithsinfusion.com so long as the link does not portray smithsinfusion.com, us, our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any smithsinfusion.com logo or other proprietary graphic or trademark as part of the link without our express written consent.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Smithsinfusion.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use smithsinfusion.com only with the involvement of a parent or guardian. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our affiliates and sublicensees the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and our affiliates for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
Smith’s Infusion and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us via the information at the bottom of this document.
Risk of Loss
All items purchased from smithsinfusion.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Smith’s Infusion and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by smithsinfusion.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the price listed on the product itself. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by smithsinfusion.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by smithsinfusion.com.
Our Advertising Partners and Affiliates
For some products that we offer we have teamed up with leading companies to bring you quality services and products. Our reference to them as an Advertising Partner does not mean that we are partners with these companies in the legal sense, merely that we are working with them to offer products and services to you.
All companies that we feature on our site are solely responsible for their own obligations to you and while we are not legally responsible for their obligations, be assured that we will always assist you in dealing with them should any issues arise.
All orders will be shipped via UPS. If you live in a Speedee Delivery area, you may request to have your items shipped via Speedee Delivery when you submit your order. We will then contact you with price comparisons.
At this time we do not ship outside of the United States. If you would like to be considered, please email us at the address below.
Smith’s Infusion represents artists and crafters from the United States only. Everything is handcrafted in the United States. A lot of the items are made to order, most items are shipped within 2-3 weeks from the date we receive your order. Cancellations requested 1 week after order are subject to a 20% cancellation fee.
Kits and other special order items CANNOT be canceled once production has started.
If you need to return product(s) then you must FIRST obtain a Return Merchandise Authorization (RMA) number by contacting customer service. Any issues with your purchase must be reported within five (5) days.
Special order items and kits are not returnable.
Returns are subject to a 10% restocking fee.
Returned items must meet the following criteria:
- Original condition and UNOPENED packaging.
- 100% resalable condition for credit to be issued.
- Be received within 15 days of RMA issuance.
Upon receipt of the returned item, a refund for the amount of the purchased item, less any applicable fees, will be issued via the method selected when the Return Merchandise Authorization was placed.
Special orders (EX: custom kits and custom orders) may require a 50% non-refundable deposit at time of order. The order cannot be cancelled once production has started.
We understand that you want to get your order as quickly as possible, but unfortunately sometimes there is a delay caused by the carrier used to deliver products. Because of this we have a 15-business-day waiting period before any product will be resent.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY SMITH’S INFUSION ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMITH’S INFUSION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SMITH’S INFUSION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMITH’S INFUSION DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SMITHSINFUSION.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMITH’S INFUSION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ITS PRODUCTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute relating in any way to your visit to smithsinfusion.com or to products you purchase through smithsinfusion.com shall be submitted to confidential arbitration in St. Louis County, Minnesota, except that, to the extent you have in any manner violated or threatened to violate our or our affiliates’ intellectual property rights, Smith’s Infusion may seek injunctive or other appropriate relief in any state or federal court in the State of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your visit to smithsinfusion.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
If you have questions or suggestions, please contact us at:
722 8th St. S.
Virginia, MN 55792
Phone – 218-290-8767