General Terms and Conditions

Thank you for visiting the website of smartDIYs Inc. (“smartDIYs,” “we,” or “us”). These Terms of Use and Purchase (the “Terms”) are a legally agreement between you and smartDIYs regarding your use of this website (the “Website”), your purchase of any product from smartDIYs (“Product”) and your use of any software provided to you by smartDIYs (“Software”). By continuing to use this Website, purchasing a Product from smartDIYs, or downloading or installing Software, you agree to be bound by the following terms and conditions:

Eligibility. You must be at least 18 years old to purchase Products or use the Software. By purchasing Product or downloading or installing the Software, you represent and warrant to us that you are at least 18 years old.

Use of the Product and Software. You represent that each Product you purchase is for your own use and not for resale. You are responsible for complying with all applicable laws when using the Products or Software. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. smartDIYs grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use this Website and the Software. You agree not to make modifications to the Software, copy or distribute the Software to any third party, or use the Software in any manner other than in connection with your personal use of the Products. Your license to use the Software and this Website may be revoked if you use the Software, Website, or Products in an improper manner.

Customer Account and Data. In order to use any of our Products and to activate your Software, you must create a customer account with us. You can create an account by visiting our website and providing your e-mail address. We may collect certain information regarding your use of Products and Software, such as time and frequency of use, materials used, and items made. We will use this information only to improve our products and services. We will never disclose your information to a third party, unless we are required to do so by law or if we detect potential criminal activity, in which case we reserve the right to contact the proper authorities. If we discover errors in the customer data we collect, we may correct the errors so that your account is accurate.

Product Purchases

  • Pricing. smartDIYs reserves the right to determine pricing for the Products, as well as charges for shipping the Product. smartDIYs will make reasonable efforts to keep pricing information published on the Website updated. You will be responsible for all sales and use taxes, other taxes, tariffs, and other charges as well as shipping costs. All orders for the Product must be paid in full, including shipping, prior to delivery by smartDIYs of the Product to you. All prices and fees are in U.S. Dollars and are non-refundable except as expressly described in these Terms.
  • Payment. We currently accept payment only through PayPal.
  • Orders. Orders must be submitted via the Website. smartDIYs reserves the right to cancel your order for any reason and at any time prior to shipment of the Product.
  • Delivery. smartDIYs will make reasonable efforts to deliver the Product on the scheduled date of delivery we provide at the time of your order. However, smartDIYs will not be responsible or liable for any delays or failure in such delivery. smartDIYs may deliver the Product in any number of separate shipments, and the modes of transport and carriers will be decided at smartDIYs’s discretion. Orders cannot be delivered to a post office box or similar addresses, and we may not be able to deliver to certain remote addresses.
  • Inspection. You should carefully examine all deliveries of the Product upon delivery, and notify smartDIYs of any damage, missing part, or other issue with the Product within 30 days after receipt. If you failure to report such issues within 30 days, you waive any claim against smartDIYs for such issues.
  • Cancellation of Orders. Prior to shipment of the Product, you may cancel your order and receive a full refund. Refunds may take up to 10 business days to process.
  • Returns. Except in connection with a warranty claim, we only allow returns if the machine is not assembled. Returns must be made within 30 days of purchase. You are responsible for paying all shipping costs associated with the return. All items (product, box, bags, tags and everything else that came with the package) must be included and undamaged. If these conditions are met, we will refund your purchase price within 30 business days. 

Warranties and Disclaimers; Limitation of Liability

  • Limited Warranty for Products. Each Product comes with a limited warranty, which can be found at LIMITED PRODUCT WARRANTY. Please review the product warranty prior to making a purchase.
  • No Warranty for Items Made Through Use of the Product. SMARTDIYS DOES NOT WARRANT ANY ITEM THAT YOU MAKE USING THE PRODUCT. YOU UNDERSTAND AND AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ANY SUCH ITEMS, INCLUDING THE SOLE RESPONSIBILITY FOR ENSURING THAT WHAT YOU MAKE IS SAFE AND SUITABLE FOR HOW IT IS USED.
  • No Warranty for the Software or Items Made with the Software. THE SOFTWARE IS PROVIDED “AS IS”. EXCEPT AS PROHIBITED BY LAW, SMARTDIYS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SMARTDIYS DOES NOT WARRANT ANY ITEM THAT YOU MAKE THROUGH USE OF THE SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU BEAR SOLE RESPONSIBILITY FOR SUCH ITEMS, INCLUDING THE SOLE RESPONSIBILITY FOR ENSURING THAT WHAT YOU MAKE IS SAFE AND SUITABLE FOR HOW IT IS USED. SMARTDIYS DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SMARTDIYS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. SMARTDIYS IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SOFTWARE OR YOUR USE THEREOF.
  • Limitation of Liability. Neither smartDIYs nor any other person involved in the design, production or delivery of the Products or Software shall be liable for any direct, indirect, consequential, or incidental damages in connection with the product, including, without limitation, damages for loss of profits, loss of data, and business interruption. smartDIYs aggregate liability to you for all claims arising out of your use of any Product and the related Software is limited to the greater of (a) the amount you paid smartDIYs for such Product, or (b) $100.

Miscellaneous Terms

  • Modification. We reserve the right to change these Terms at any time. Please check these Terms periodically for changes. Modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  • Ownership; Proprietary Rights. The Software, Product designs, and all associated information, data, computer code, software and other elements are owned by and are the intellectual property of smartDIYs. You may only use the Products and Software for your personal use and for their intended purpose. Nothing in these Terms conveys any intellectual property or other right not expressly granted to you hereunder.
  • Governing Law. These Terms are governed by the laws of the State of Tennessee without regard to conflict of law principles. You and smartDIYs agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Shelby County, Tennessee for the resolution of any lawsuit or court proceeding permitted under these Terms.
  • Force Majeure. smartDIYs will not be liable to you for any delay in delivery of the Product or your inability to use the Software due to an event beyond smartDIYs’s reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made condition outside of smartDIYs’s control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.