These Terms and Conditions (“Terms”) govern your access to and use of the Smothered Mate website and any purchases made through it. By using this site, you confirm that you have read, understood, and agree to be bound by these terms. If you do not agree, please discontinue use of the site immediately. For questions regarding these terms, please contact us here – https://smotheredmate.com/contact/
You may not use the site to post or transmit any unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable content.
You agree not to interfere with or disrupt the site, servers, or networks connected to the site.
You may not use any automated means (including bots, scrapers, or data mining tools) to access or use the website for any purpose without our prior written consent.
3. Account Registration
Some features may require creating an account. You agree to provide accurate, current, and complete information.
You are responsible for maintaining the confidentiality of your account and password.
You are fully responsible for all activity under your account.
We reserve the right to suspend or terminate accounts at any time, for any reason, without notice.
4. Product Information and Orders
We make every effort to display accurate product information, including descriptions, pricing, and availability. However, errors may occur.
We reserve the right to refuse or cancel orders for any reason, including product unavailability or errors in pricing or description.
All prices are in USD and are subject to change without notice.
5. Payment
Payment is required at the time of purchase.
We accept payment methods as listed on the Site.
By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge your account for your order.
6. Shipping and Delivery
Shipping times are estimates and not guaranteed.
Risk of loss passes to you upon delivery of the item from the carrier. Items marked by the carrier as “delivered” cannot be refunded if the package is stolen or lost after that point.
You are responsible for providing accurate shipping information.
We are not responsible for delays caused by carriers, customs, or events outside our control.
7. Gift Card Terms & Conditions
Gift Cards Can
Be used for eligible purchases through Smothered Mate.
Be used toward merchandise, applicable taxes, and shipping charges.
Be used across multiple purchases until the available balance is exhausted.
Be used together with discounts offered on the Smothered Mate website and with promotional or discount codes, subject to the applicable promotion or code terms.
Be used toward a purchase that exceeds the gift certificate balance, with the remaining amount paid using another available payment method.
Be checked for their remaining balance through the customer’s online Smothered Mate account or by contacting Smothered Mate for a balance inquiry.
Be used without any expiration date.
Be used without purchase, maintenance, or other gift certificate fees.
Gift Cards Cannot
Be combined with or used together with another gift certificate in a single transaction.
Be used to purchase another gift card.
Be redeemed for cash, except where required by applicable law.
Be refunded or exchanged, except where required by applicable law.
Be used to receive a cash payout when a purchase made with a gift card is returned. Any amount attributable to the gift certificate will be returned as a credit to the applicable Smothered Mate account or gift certificate balance, except where required by applicable law.
Have a redeemed amount restored or reissued once it has been used, except where required by applicable law.
Be resold for compensation or used for unauthorized commercial purposes.
Lost, Stolen, or Unauthorized Gift Cards
Smothered Mate is not responsible for lost, stolen, or unauthorized use of a gift card. Treat your gift card like cash. If you have lost a gift card or gift card information, Smothered Mate may be unable to replace it or recover the remaining balance.
Fraud and Unauthorized Use
Smothered Mate may delay, cancel, suspend, or refuse a gift certificate transaction when there is a reasonable suspicion of fraud, unauthorized use, unlawful activity, abuse, or violation of these terms. Smothered Mate reserves the right to refuse to honor a gift card obtained or used through fraud or other unlawful activity.
Promotional, Complimentary, and Giveaway Gift Cards
Promotional, complimentary, or giveaway gift certificates may be subject to separate terms and conditions disclosed when issued. These certificates may have restrictions that do not apply to purchased gift cards, including expiration dates, single-use requirements, minimum purchase requirements, product restrictions, or other limitations.
Delivery
If a physical gift card is purchased, the purchaser is responsible for providing accurate recipient information when purchasing or sending a gift card. Smothered Mate is not responsible for delivery problems resulting from incorrect or incomplete information provided by the purchaser.
Returns
If an order paid in whole or in part with a gift card is returned or otherwise qualifies for a refund, any amount attributable to the gift card will be returned as a credit to the applicable Smothered Mate account or gift card balance. No cash payment will be made for amounts originally paid with a gift card, except where required by applicable law.
Business Closure or Cessation of Operations
If Smothered Mate ceases operations, closes its online store, or otherwise becomes unable to accept gift cards, gift cards may no longer be redeemable for merchandise, shipping, taxes, or other purchases. No cash refund or other compensation for unused balances is guaranteed in the event of a business closure, except where required by applicable law.
Gift card holders may have rights under applicable state, federal, or international law, and nothing in these terms is intended to waive or limit any rights that cannot legally be waived.
Applicable Law
Gift cards are subject to applicable federal, state, local, and international laws and regulations. Where applicable law provides greater rights than these terms, those rights will apply.
By purchasing or using a gift card, you agree to these terms and conditions.
8. Intellectual Property
All content on the site, including images, graphics, logos, text, and software, is the property of Smothered Mate or its licensors.
You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or its content for commercial purposes. Unauthorized use may result in legal action, including claims for damages and injunctive relief.
9. Third-Party Links
The website may contain links to third-party websites.
We are not responsible for the content, privacy practices, or availability of these sites.
Linking to a third-party site does not imply endorsement.
10. Limitation of Liability
The Smothered Mate website and all products are provided ‘as is’ and ‘as available’ without warranties of any kind, express or implied, including but not limited to merchantability or fitness for a particular purpose.
To the maximum extent permitted by law, Smothered Mate is not liable for any indirect, incidental, special, or consequential damages arising from your use of the site or purchase of products.
Our total liability for any claim related to your use of the site or products is limited to the amount you paid for the product or service.
All information on the site is provided for informational and educational purposes only and should not be relied upon as professional advice.
11. Indemnification
You agree to indemnify and hold harmless Smothered Mate and its officers, directors, owners, employees, and agents from any claims, liabilities, damages, or expenses arising from your use of the site, violation of these terms, or infringement of any rights of a third party.
12. Governing Law
These terms are governed by and construed in accordance with the laws of Florida without regard to conflict of law principles.
Any disputes shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida.
13. Changes to Terms
We may update these terms at any time.
Updated terms will be effective immediately upon posting to the Site.
Continued use of the site after changes constitutes acceptance of the new terms.
These terms constitute the entire agreement between you and Smothered Mate and supersede any prior agreements or understandings. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
