Introduction

These Terms and Conditions govern your use of, access to, and purchase of products through https://www.smiththesecond.com/ (the "Website" or "Site"). By using the Site, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
 

1. General
   https://www.smiththesecond.com/ is the property of Smith II, a Dallas, Texas-based fashion eCommerce website (Smith II, we, us, and our) and the services (Services) provided on the Site are for the purpose of facilitating the purchase of fashion products.

2. Site Policies
   Please review our Privacy Policy, Return Policy, and any other policies posted on the Site (collectively, the "Site Policies"). All Site Policies are incorporated into these Terms and Conditions by reference and, therefore, apply to your access to, use of, and purchase of products from the Site (“Product”). If you do not agree to our Site Policies, please do not use the Site. We reserve the right to make changes to the Site, the Site Policies, and these Terms and Conditions 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.

3. Access to the Site
   It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.

4. Operation of Website and Product Availability
   Smith II operates the Site and offers products for sale to customers in the United States and around the world. While we make every effort to ensure that products displayed on the Site are available, we cannot guarantee that all products will be in stock or available for immediate purchase.

5. Products
   The Products are owned and sold on the Website by Smith II. We strive to provide accurate descriptions and images of the Products on the Site. However, we cannot guarantee that these descriptions and images are entirely accurate, complete, reliable, or error-free.

6. Purchase for Personal Use Only
   You may purchase products on the Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale, and you accept our Terms and Conditions. Smith II has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7. Ordering and Availability
   Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order.

8. Shipping Costs
   You are responsible for the shipping costs associated with the delivery of the Products you purchase on the Site, as specified in your order confirmation.

9. Delivery and Shipments
   Your order will be fulfilled within a reasonable time after the date of the order confirmation unless there are exceptional circumstances. Delivery is deemed complete upon receipt of the Products at the address you specified in your order. Products may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes.

10. Pre-Orders
    Some Products may be available for pre-order. Pre-order Products have an estimated ship date, which may change due to production timelines. Credit cards are charged at the time of the pre-order, subject to our usual fraud checks. Estimated shipping dates are published online. Smith II is not liable for delays, cancellations, or changes to pre-ordered items made during production. If a pre-ordered item will not be shipped out by the estimated shipping date, the customer will be notified and, at the customer's election, either refunded in full or provided with an updated estimated shipping date. If an order includes both available and pre-ordered items, separate deliveries may be made for each type of item.

11. Pricing and Payment
    We reserve the right to modify prices at any time without prior notice. Although we strive to ensure the accuracy of all prices on our Website, errors may occur. Such changes will not impact orders for which we have already sent a Dispatch Confirmation. Despite our efforts, it is possible that some Products on the Site may be inaccurately priced. We usually verify prices during our dispatch procedures, and if a Product's actual price is lower than the stated price, we will charge the lower amount. If a Product's correct price is higher than the price listed on the Site, we may, at our discretion, either contact you for instructions before dispatching the Product or reject your order and inform you of the rejection. Prices include VAT but exclude delivery fees, which will be automatically added (at the displayed cost) to the total amount due when you view the items in your shopping cart and choose your preferred delivery method.
    
    All orders must be paid for by credit or debit card on the checkout page. We accept most major credit and debit cards. Be aware that online payment transactions are subject to validation checks by your card issuer, and we are not responsible if your card issuer declines payment authorization for any reason. We also perform a standard pre-authorization check on your payment card, and Products will not be dispatched until this pre-authorization check is complete. Occasionally, we may offer promotions with discount codes, which can be applied as partial payment for eligible Products ordered online, subject to the terms and conditions of the promotion (as indicated in the promotion from which you obtained the code). Discount codes can only be used once, during the specified validity period, and only for the relevant Products specified. Discount codes cannot be redeemed for cash.

12. Returns and Refunds
    Please consult our Return Policy, which is an essential part of these Terms and Conditions. Returned products must adhere to our return policy as stated below.
    While the products are in your possession, you have a legal obligation to exercise reasonable care and must return them in the same condition as received (except to the extent reasonably necessary to examine them). This includes adhering to the following guidelines:

    1. Products must be returned unworn (except for trying them on), unwashed, undamaged, and unused with their original tags.

    2. Footwear and accessories should be returned in their original boxes and placed inside a protective shipping box.

    3. If the product includes a security tag, it must remain attached.

    4. Hosiery can only be returned if unopened and in its original packaging.

    5. Lingerie and swimwear must only be tried on over your personal lingerie garments.
       
       ​Failing to comply with the above obligations (including return conditions) may result in a deduction from the refund to account for the diminished value of the product(s), up to the full price of the product(s).

13. You cannot cancel a contract for the supply of any of the following products:

14. Products that have been personalized or made according to your bespoke specifications, unless they were damaged or faulty upon delivery or incorrectly delivered (see the section on Returns and Refunds for Customized Products for more information);

15. Any type of earrings, including costume or fine jewelry (see the section on Returns and Refunds for Jewelry for more information); and

16. Garments or cosmetic products with a removed or broken hygiene label or seal.

17. Returns and Refunds for Customized Products Due to the nature of personalized and monogrammed products, returns, changes, or cancellations are at our discretion. In exercising this discretion, we will consider the level of customization and personalization and may offer store credit instead of a monetary refund. Store credit is valid for six months from the date of issue. This does not affect your statutory rights. Please note that personalized and/or customized products may have a longer lead time before shipping, but payment will be taken when you submit your order or shortly thereafter, before shipping.

18. Returns and Refunds for Jewelry For certain jewelry products, we have a unique return policy due to their value and nature. Jewelry products valued at [$X] or more must be returned to us within [7] days of delivery, and they should be returned in their original packaging and in the same condition as received. Please note that processing refunds for such jewelry products may take longer than usual due to their nature, as we assess any diminished value while under your care.

19. Returns Process We recommend returning products in their original packaging to ensure adequate protection during transit. Instructions for returning the product(s) will be included in the delivery package. When canceling a purchase and returning products to us, you have two options:

20. Exercise your right to cancel under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 (CCRs) depending on your location. Choosing this option entitles you to a full refund for the product(s) (subject to our Return Policy) and standard delivery costs, but you will be responsible for organizing and paying for the return of the product(s) to us.

21. Use our Free Returns service. Choosing this option allows you to return the product(s) for free and receive a full refund for the product(s) (subject to our Return Policy), excluding delivery charges.

22. We provide more detailed information about these two options below.

23. (i) Your cancellation right under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 (CCRs) Except for certain types of products (as outlined above), you may cancel a contract at any time before your order is delivered and up to