Terms and Conditions

terms-conditionsPLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Payment

Online Express Sales
Orders placed via website only

Payment Options:
Credit Card - PayPal - Amazon

Payment Terms and Conditions:
Payment due at purchase through our secure web site check out system.

Managed Accounts
Orders placed with Customer Service Assistance

Payment Options:
Credit Card - Check by Mail - PayPal

Payment Terms and Conditions:
Payment due upon receipt of order, as facilitated by our in-house customer service agent.

Order Cancellation Policy

All order cancellation requests must be submitted via Email.

Cancellation within 72 Hours:
Orders which have not yet been shipped may be canceled for a full refund or store credit if the request is received within 72 hours of placing the order.  Refunds are processed through the same method as payment, and store credit may be used any time for any products currently available in our online store (online account is required).  Send your request via email to: cancel@safetysmartgear.com.  The status of your order must be confirmed by Safety Smart Gear before we can approve your request.  Please allow up to 3-5 business days for the approval process and an additional 3-5 business days upon approval for processing your refund or credit.  Safety Smart Gear reserves the right to deduct payment transaction fees charged by payment platforms (Amazon Pay, Apple Pay, credit card, PayPal, etc...) from any customer refund.

Refund/Credit Requests via Email

Email to:  cancel@safetysmartgear.com

Please Include:

      • Order number (REQUIRED)
      • The email address provided on the order.
      • Phone number (in case we have any questions).
      • Brief explanation.

Cancellation after 72 Hours:
Orders which have not yet been shipped but were placed more than 72 hours prior to receiving the request for cancellation may be canceled for either store credit or a refund and will incur a $30 administrative processing fee.  Refunds are processed through the same method as payment, and store credit may be used any time for any products currently available in our online store (online account is required).  Send your request via email to: cancel@safetysmartgear.com. The status of your order must be confirmed by Safety Smart Gear before we can approve your request for credit or refund. Please allow up to 3-5 business days for the approval process and an additional 3-5 business days upon approval for refund or store credit to appear in your account.

Please note:  Orders which have not yet been shipped but were placed more than 14 days prior to receiving the request for cancellation may be canceled for store credit and will incur a $30 administrative processing fee.

Refund/Credit Requests via Email

Email to:  cancel@safetysmartgear.com

Please Include:

      • Order number (REQUIRED)
      • The email address provided on the order.
      • Phone number (in case we have any questions).
      • Brief explanation.

Unable to cancel and non-refundable:
Due to a high volume of orders, process timing, and many different warehouse locations, we regret that we may not be able to stop an order from shipment if the request to cancel is close to the day of shipment.  If your request for order cancellation was received and we find that your order has already shipped, then please refer to our returns and exchanges policy for further details.

Custom products, make-to-order product, and custom printing orders are subject to non-cancellation and are non-refundable.  

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Safety Smart Gear Inc. The collective work includes works that are licensed to Safety Smart Gear Inc Copyright 2015, Safety Smart Gear Inc ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Safety Smart Gear Inc or purchasing Safety Smart Gear Inc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Safety Smart Gear Inc or to purchase Safety Smart Gear Inc products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Safety Smart Gear Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Safety Smart Gear Inc used in the site are trademarks or registered trademarks of Safety Smart Gear Inc 

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Safety Smart Gear Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Safety Smart Gear Inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Safety Smart Gear Inc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Safety Smart Gear Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Safety Smart Gear Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a Safety Smart Gear Inc product is mistakenly listed at an incorrect price, Safety Smart Gear Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Safety Smart Gear Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Safety Smart Gear Inc shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Safety Smart Gear Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Safety Smart Gear Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Safety Smart Gear Inc .

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Massachusetts, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Safety Smart Gear Inc products) shall be in the state or federal courts located in Worcester County, Massachusetts. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Safety Smart Gear Inc products) must be commenced within one (1) year after the claim or cause of action arises. Safety Smart Gear Inc 's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Safety Smart Gear Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Safety Smart Gear Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Safety Smart Gear Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Safety Smart Gear Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Safety Smart Gear Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Safety Smart Gear Inc in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Safety Smart Gear Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Safety Smart Gear Inc may link to sites operated by third parties. However, even if the third party is affiliated with Safety Smart Gear Inc, Safety Smart Gear Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Safety Smart Gear Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Safety Smart Gear Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Free Shipping:
The customer must take delivery of all the product on the order that qualified the order for free shipping to maintain free shipping. Shipping costs are not eligible for refund if a part of the order is canceled, returned, or unable to be delivered (due to backorder, discontinued product, etc.).

International Shipping: 
International customers will be required to pay via credit card or wire transfer. 
Domestic shipping will be available to a freight forwarding location within the United Sates which the customer must provide. The freight forwarder will be the customer's responsibility, and Safety Smart Gear is not responsible for the order once it has been delivered to the customer's freight forwarder. The customer is responsible for all shipping activities and charges once it has been delivered to their freight forwarder.

Orders which have not yet been shipped may be canceled for a full refund or credit if the request is received within 72 hours of placing the order.  Send your request via email to: ordercancel@safetysmartgear.com.  If you notify us via phone call that you wish to cancel your order, we will send an email confirmation that you must reply to verify your permission to cancel and refund the order.  The status of your order must be confirmed by Safety Smart Gear before we can approve your request for a refund. Please allow up to 3-5 business days for the approval process and an additional 3-5 business days upon approval for processing your refund or credit.