Terms and Conditions

This website (http://www.smoonfortune.com/, or the “Website”) is owned and operated by Smoon, LLC (“Smoon”). Smoon’s services and products are provided subject to the following terms and conditions. By using the Website, all users (“User(s)”) agree to be bound by the following terms and conditions.

  1. Privacy
    1. Smoon may collect “personal information” from Users including name, mailing address, telephone number, credit card number and email address. Smoon uses personal information for internal purposes only, including, but not limited to the processing and fulfillment of Users’ orders.
    2. Smoon is committed to protecting Users’ privacy and shall take all reasonable precautions to preserve the integrity and prevent the corruption or loss, damage or destruction of Users’ personal information.
    3. Smoon may engage with one or more credit card processing companies to assist it in processing Users’ payments. However, those companies do not retain, share, store, or use personally identifiable information for any secondary purposes.
    4. Smoon may disclose the personal and non-personal information of its Users to any successor-in-interest, such as a company that acquires Smoon’s business.
    5. Smoon may need to disclose personal information when required by law or when Smoon has a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process.
  2. Terms of Use
    1. Smoon grants Users a limited, revocable license to access and make personal use of the Website. However, Users are not permitted to:
      1. reproduce, duplicate, copy, sell or otherwise exploit the Website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content for any commercial purpose, except as expressly provided;
      2. use any meta tags, search terms, or the like that contain the Website’s name or trademarks used on the website;
      3. engage in any activity that interferes with the Website or another User’s ability to use the Website;
      4. modify or reverse engineer any technology used to provide the Website and the services offered on the Website; or
      5. assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
    2. Any use of the Website that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
    3. By using this website, Users consent to receive communications from Smoon by e-mail, and agree that all agreements, notices, disclosures and other communications that Smoon provides by e-mail satisfy any legal requirement that such communications be in writing.
    4. By using the Website, Users are responsible for maintaining the confidentiality of their account and password information and for restricting access to their computers, and agree to accept responsibility for all activities that occur under their account or password.
    5. The appearance of external links on the Website does not constitute endorsement by Smoon of external websites or the information, products or services contained therein. For other than authorized activities, Smoon does not exercise any editorial control over the information Users may find at these locations. These links are provided consistent with the stated purpose of the Website.
    6. Smoon reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
  3. Intellectual Property
    1. All Website content is Smoon’s property or the property of its content suppliers and is protected by federal and international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website content that is not Smoon’s property is used with its permission. The arrangement and compilation of all Website content is Smoon’s exclusive property and is protected by federal and international copyright laws. All software used on the website is Smoon’s property or the property of its software suppliers and is protected by federal and international copyright laws.
    2. Smoon’s trademarks and trade dress may not be used for any commercial or other purposes without its prior written consent. All other trademarks and service marks not owned by Smoon that appear on the Website are the property of their respective owners and may or may not be used without their prior written consent.
  4. Limitation of Liability
    1. Smoon does not accept responsibility that the Website, its servers, or e-mail sent from the Website are free of viruses or other harmful components.
    2. Smoon will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive or consequential damages.
  5. Terms of Sale
    1. These terms of sale apply to all offers made by Smoon, all purchases and orders placed by Smoon’s customers (“Customer(s)”) and all agreements concluded between Smoon and its Customers in relation to the products and services offered on the Website.
    2. Notwithstanding the product prices shown on the Website, Smoon cannot confirm the price of an item until it is ordered. If an item’s correct price is higher than the stated price, the Customer’s sole recourse is cancellation of the order.
    3. Smoon reserves the right to refuse or cancel any order. In such event, the Customer’s sole recourse shall be the return of amounts paid related to such order (if any).
    4. Until payment from a Customer has actually cleared, Smoon will not dispatch any orders. In the case where payment does not clear, Smoon has the right to cancel the order completely.
    5. All sales, property, use, transfer or other similar taxes due and payable upon the purchase of a product from the Website will be paid for by the Customer.
    6. Items will only be accepted for return if damaged or the item does not match the description listed on the Website. In the event of a damaged or non-conforming item, the Customer may return the item within 30 days of receipt for a replacement or refund for the price of the product. Shipping charges will not be refunded.
    7. Smoon does not warrant that product descriptions or other content of the Website are 100% accurate, complete, reliable, current or error-free. If a product offered by Smoon and purchased by a Customer is not as described, the Customer’s sole remedy is to return it in unused condition for a conforming replacement, refund or credit.
    8. Smoon is not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.
  6. Governing Law
    1. 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 Smoon and any User or Customer.
  7. Arbitration
    1. Any dispute or claim relating in any way to the use of the Website, to purchases from Smoon, or to the sale of any products or services sold or distributed by Smoon or through the Website will be resolved by binding arbitration, rather than in court. The arbitration will be conducted in Manhattan, New York before a single arbitrator of the American Arbitration Association (AAA) under its rules, including the AAA’s Consumer Arbitration Rules. The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in New York. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section.
  8. Severability
    1. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.