· Defective or damaged goods. 
 
Smitherman & Barnwell will accept a defective item for exchange only if the request is made within 5 days after the purchase date. We will not charge you any shipping costs for a returned damaged product. Any item returned must be processed in the following manner: 
 
  · Client Services at Smitherman & Barnwell need to be contacted asap. 
  · Client Services will provide you with an authorized return code.  
  · You must ship product insured or via traceable mail.  
  · Please include your full address (no PO Box please). 
  · Daytime number. 
  · Email address. 
  · Reason for return. 
  · Original Receipt. 
  · Packing Slip.

LEGAL TERMS 
 
Smitherman & Barnwell Inc. (hereinafter referred to as "Smitherman & Barnwell") operates the Smitherman & Barnwell website (hereinafter referred to as the "Site"). Use of the Site is governed by the terms and conditions outlined below, which constitutes a contract between you and Smitherman & Barnwell. Smitherman & Barnwell may amend these terms and conditions at any time.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. 
 
By accessing the Site, you confirm having read and understand these conditions. If you do not wish to be bound by these terms and conditions, you cannot use the Site to order products.

1. CONDITIONS OF SITE USE

1.0 Location of Site Operations

Smitherman & Barnwell operates the Site from its offices in New York/New Jersey. Smitherman & Barnwell makes no representations to the effect that portions of the Site may be used outside of New York/New Jersey, and it is illegal to access the Site from territories where legislation deems the contents or access to the Site to be illegal. Any person choosing to access the Site does so of his/her own free will, and it is his/her responsibility to respect all applicable local legislation. Any claim regarding the Site and its contents, or ensuing as a consequence of the use of the Site, is governed by the laws applicable within New York/New Jersey.

1.1   Restrictions Related to Site Use

Unless otherwise indicated in one section of the Site or another, no part of the Site may be copied, reproduced, distributed, published, translated, downloaded, displayed or transmitted in any way without prior written consent from Smitherman & Barnwell.

1.2 Trademarks

The trademarks (registered or not) and logos used or displayed on the Site belong exclusively to Smitherman & Barnwell or third parties. Nothing on the Site may be interpreted in any way that would allow, directly or indirectly, the use of a trademark shown on the Site without prior written consent from the owner of that trademark.

1.3 Liability Limitations

The Site and its contents are supplied as shown, without any implicit or explicit warranty. Subject to any public legislation to the contrary, Smitherman & Barnwell declines any responsibility and provides no warranties, particularly with regards to marketable quality or suitability for any particular use. Moreover, Smitherman & Barnwell makes no representation regarding the use, validity, accuracy or reliability of the items displayed on the Site, or with respect to the results ensuing from the use thereof. Although Smitherman & Barnwell takes every possible measure to avoid any errors on the Site, it waives any responsibility regarding any such errors that may appear. No related company, executive, employee, representative or agent of Smitherman & Barnwell can be held liable under any circumstances for damage related directly or indirectly to use of the Site, including the loss of data or profit as a consequence of the use of the Site's contents or inability to use said items.

1.4 User-Transmitted Information

As a Site user, you hereby acknowledge that all items, information and opinions transmitted to Smitherman & Barnwell by any means will become the complete and exclusive property of Smitherman & Barnwell, and you hereby waive all moral rights related thereto. Smitherman & Barnwell hereby advises you that it can, without issuing any compensation to you, use, reproduce, publish and license by any means and to whomever it sees fit any items you may have transmitted to it. Furthermore, you are not permitted to transmit any items to Smitherman & Barnwell that may be illegal, slanderous, obscene or contrary to any applicable law. By transmitting any content, you hereby represent to Smitherman & Barnwell that you own any and all relevant rights to such content, including copyrights. Smitherman & Barnwell reserves the right, at its sole discretion, to refrain from publishing or to retract any item you may have transmitted to it.

2.0 Product Returns

2.1 You must assume the cost and risks of product returns, unless Smitherman & Barnwell failed to deliver the product ordered or if the product delivered is defective. In such case, Smitherman & Barnwell will assume the costs and risks related to transportation provided that you use a transportation company that guarantees against losses and damages.

2.2 Upon receipt of returned products, any amount debited on your credit card to the order of Smitherman & Barnwell with regard to said products (except for the cost of delivery) will be credited as soon as possible, upon the condition that said products are received by Smitherman & Barnwell in the same condition in which they were delivered to you.

3.0 Product Availability

3.1 Smitherman & Barnwell does not under any circumstances guarantee the availability of any product listed on the Site. If Smitherman & Barnwell cannot deliver any product ordered because of a lack of inventory, you will be notified by e-mail once the relevant inventory becomes available. You will then have the following options:

3.2 Request that we deliver said products, in which case your credit card will be debited before the products are forwarded to you.

3.3 Smitherman & Barnwell is at no time responsible for any damages that you may incur as a result of a lack of inventory.

4.0 Product Delivery

4.1 Smitherman & Barnwell will deliver orders to the address provided by the client and what is listed on the Purchase Order.

4.2 Clients will be charged for shipping and handling.  Delivery costs vary depending on the order (weight, volume, destination, speed of delivery).

4.3 Products are deemed your property upon their release by Smitherman & Barnwell to the transport company. As of such time, you assume all risks, and Smitherman & Barnwell is no longer responsible for the loss or destruction of the products.

4.4 In the case of products destined for delivery outside Canada and the United States , you are responsible for any customs and excise charges, as well as any and all export costs.

4.5 Product delivery is subject to the corporate policies governing the delivery companies used by Smitherman & Barnwell, which is presently Fedex and UPS within Canada and for the United States. Moreover, product delivery is subject to corporate policies governing other delivery companies used by Smitherman & Barnwell from time to time. You will also be subject to policies concerning the signature of waybills. If you are absent from the location provided to Smitherman & Barnwell for product delivery, it is your responsibility to pick up the undelivered products from any of the above-mentioned companies in accordance with said company's policies.

4.6 No delivery shall be made to a Post Office Box.

4.7 Smitherman & Barnwell must obtain full payment of products before shipment.

5.0 Responsibility

5.1 In the event that Smitherman & Barnwell's responsibility towards you is confirmed, said responsibility would be limited to an amount equal to the price of the returned product.

5.2 Notwithstanding the foregoing, nothing in the present article can have the effect of limiting any right you may have as a consumer pursuant to any public laws which may apply to you.