SMSHOPPERS ONLINE AND RETAILS STORES
Terms and Conditions and Waiver of Liability
(Revised 05/05/2021)
WAIVER OF LIABILITY
This agreement releases SMShoppers Retail and Online Stores, smsshoppers.net, smshoppersonlinestores.com, smshoppersofficialsite.com, from all liabilities that may occur during the use of third-party platforms (facebook, instagram) & Third Party Payment gateways on Wix, Big Commerce, Shopify, go daddy and all websites AND platforms, third party merchant accounts or domains not directly employed or owned by our company. By making a purchase and authorizing that payment to our company, shopping thru our sales channels, marketing platforms thru third party gateways not directly associated with our banks or websites, You agree By electronic authorization of the use of our services to the terms and services to hold SMShoppers Online Store, Smshoppers Official Site,SMSShoppers.net, All affiliated SMShoppers Official and Retail Stores, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which you now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of of the use of third party platforms and payment gateways entirely free from aunty liability, including financial responsibility for injuries incurred, regardless of whether injuries are caused by negligence.
By authorizing payment thru third party platforms and payment gateways, you forfeit all rights to bring a suit against SMShoppers Online Store, Smshoppers Official Site, SMSShoppers.net, All affiliated SMShoppers Official and Retail Stores, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned for any reason.
Third-Party Merchant, Payment Gateway and Platforms, will not conduct business, represent themselves under SMShoppers Online Store, Smshoppers Official Site, SMSShoppers.net, All affiliated SMShoppers Official and Retail Stores websites, apps, ads heir agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named on the behalf of our company or the owner of the company and will comply to all applicable laws of the State of Texas. Third-Party Merchant, Payment Gateway and Platforms, may not hold payments that were made for the services of our company past the 3 day cancellation period, any payment held past midnight are subject to a 5% interest charge per day of payment being held and are due upon release of the consumers payment to be paid in full. Withholding of the payment past 4 days You as Third-Party Merchant, Payment Gateway and Platforms agree to full liability and waive the rights to imply the Consumer and product protection against SMShoppers Online Store, Smshoppers Official Site, SMSShoppers.net, All affiliated SMShoppers Official and Retail Stores websites, apps, ads heir agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named.
All Consumer Disputes are the liability of Third-Party Merchant, Payment Gateway and Platforms after the 3 day consumer cancellation period. NO EXCEPTIONS!
All Third-Party Merchant, Payment Gateway and Platforms accepting payments from consumers agree to implement and disclose their companies information ( Merchant name, merchant IDs, contact information to the consumer as the merchant, by invoice, receipt or payment confirmation and will not alter, implement, or waive responsibility for the authorization, storage of customer payment information, emails, addresses or order numbers as liability of SMShoppers Online Store, Smshoppers Official Site, SMSShoppers.net, All affiliated SMShoppers Official and Retail Stores websites, apps, ads heir agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named.
All Third-Party Merchant, Payment Gateway and Platforms, Agree to payment on demand. Since the consumer has 3 days to cancel their purchase All Third-Party Merchant, Payment Gateway and Platforms will refrain from sending the consumer order to our company before the cancellation period ends. All Third-Party Merchant, Payment Gateway and Platforms, will notify the customer of the 3 day cancellation period UPON CONFIRMATION OF PURCHASE and present them with the form (UPON REQUEST FOR CANCELLATION) advising consumers to send to
Our Corporate Office via email at smshoppers@outlook.com along with the purchase receipt, and cancellation confirmation for date processing, approval, and confirmation of cancellation, even if the payment was cancelled via third party all cancellations must be documented and dated.NO EXCEPTION!
If a consumer cancels the payment and Third-Party Merchant, Payment Gateway and Platforms sends the order to our company for fulfillment after the cancelation period and the order is shipped, without approval or confirmation of cancelation by our company, the Third-Party Merchant, Payment Gateway and Platforms, are still liable to pay us for our products and services and will accept full liability to reimburse the consumer via a refund from their companies accounts. SMShoppers Online Store, Smshoppers Official Site, SMSShoppers.net, All affiliated SMShoppers Official and Retail Stores websites, apps, ads heir agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, will not assume any liability or responsibility for orders cancelled after the 3 day cancellation period.
All Third-Party Merchant, Payment Gateway and Platforms, will refrain from conducting transactions on the behalf of our company. By allowing the use of your websites and Platforms as a payment option for our customers you agree to the terms and services of our company. All Third-Party Merchant, Payment Gateway and Platforms, Assume full responsibility and liability for any damages incurred by the terms and conditions of our company using your products for marketing purposes and can not be waived.
TERMS AND CONDITIONS
1.HANDLING OF DISPUTES, REFUNDS AND CLAIMS via All Third-Party Merchant, Payment Gateway and Platforms not directly paid to us.
All Third-Party Merchant, Payment Gateway and Platforms, must refrain from conducting business on the behalf of SMShoppers Online Store, Smshoppers Official Site, SMSShoppers.net, All affiliated SMShoppers Official and Retail Stores websites, apps, ads heir agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, All Request for Disputes, Refunds and any Claim must be handled directly by our Escalations Department NO EXCEPTION!
THIRD-PARTY EXCEPTIONS;
All Third-Party Merchant, Payment Gateway and Platforms, may conduct business on the behalf of SMShoppers Online Store, Smshoppers Official Site, SMSShoppers.net, All affiliated SMShoppers Official and Retail Stores websites, apps, ads heir agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, on for transactional disputes as follows:
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Duplicate Transactions
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Unauthorized Transactions, (the exception to this policy is if the consumers billing information and shipping information is inaccurate or there are or was multiple attempts under different names and/or purchases for the same billing but different shipping, different email addresses)
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Payments made outside of our accepted Payments ( We do not accept SHOP PAY, Discovery, Gift cards that do not have the Visa or Mastercard Logo, American Express) We are not setup to accept these payments)
By handling these types of disputes All Third-Party Merchant, Payment Gateway and Platforms, are still liable to contact the appropriate department and document the dispute.
2.SHIPPING DISPUTES;
If the Third-Party Merchant, Payment Gateway and Platforms are presented with a dispute for shipping delays, missing order or tracking information, missing or not being correct All Third-Party Merchant, Payment Gateway and Platforms, must refrain from taking action. SMSHOPPERS does not imply warranty of that information, All consumers are given Estimated delivery dates upon check out, Due to the Shipping regions and facilities packages or carrier, original tracking information is subject to change, per the carrier's discretion during delivery. The information may or may not be available to the consumer, this is the liability of the warehouse and/or carrier to provide accurate information or this information. We do not hold liability to shipping or Delivery Disputes, and do not authorize anyone to handle these types of disputes.
3.CLAIMS AND REFUNDS; DAMAGED GOODS;
We DO NOT issue refunds on items on sale, worn, washed, used items, if the item is too small after receiving it. ALL SALES ARE CONSIDERED FINAL! IF a Third-Party Merchant, Payment Gateway and Platform, guarantees refunds for these items under those conditions that company shall hold full responsibility to the consumer to refund their purchase. SMShoppers is not liable for any guarantee made outside of our stores and will not be responsible or liable for issuance of a refund under those terms. NO Exception!
ALL Claims and Refunds are subject to responsibility and liability, for review and approval by SMShoppers Online Store, Smshoppers Official Site, SMSShoppers.net, All affiliated SMShoppers Official and Retail Stores websites, apps, ads heir agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, via our Corporate Office smshoppers@outlook.com , only after the item has been delivered to the consumer. Consumers nust contact us ONLY IF THE ITEM IS DAMAGED. SMSHOPPERS DOES NOT EXCHANGE PURCHASES NOR GIVES STORE CREDIT.
4.CHARGEBACKS;
Regardless of whether a purchase was made directly to us, our website or any Third-Party Merchant, Payment Gateway and Platforms, all Chargebacks must be approved by our corporate department and investigated. All Third-Party Merchant, Payment Gateway and Platforms must promptly notify our corporate office and present the claim information that was given by the consumers financial institute along with the reason for the chargeback. Once We investigate the Claim we will forward the response and supporting document to the financial institute. NO Third-Party Merchant, Payment Gateway and Platform, ARE PERMITTED TO APPROVE OR DISPUTED A CHARGEBACK ON THE BEHALF of SMShoppers Online Store, Smshoppers Official Site, SMSShoppers.net, All affiliated SMShoppers Official and Retail Stores websites, apps, ads heir agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, any Third-Party Merchant, Payment Gateway and Platforms, that conducts business on our behalf or makes unauthorized charges to any of our companies banks, accounts are cards are subject to legal liability to our company automatically and will not be waived. NO EXCEPTION!
5.CANCELLATION AND FEES AFTER 7 DAYS;
ALL PARTIES AGREE TO THE TERMS OF CANCELLATION; NO EXCEPTION!
*RESTOCKING FEE 30% OF THE ENTIRE PURCHASE
*SHIPPING FEE IS NON REFUNDABLE
*SALES TAX WILL BE REFUNDED PER CONSUMERS STATES CALCULATIONS
*CANCELATION FEE IS $25
*CARD TRANSACTION FEE IS 3%
All Third-Party Merchant, Payment Gateway and Platforms and All consumers are bound by this agreement by the terms and use of our services.
All Third-Party Merchant, Payment Gateway and Platforms, electronically agree to the terms and services via third-party collections for “Seller” and “Consumer”. Your acceptance of payments for goods and services provided by our company is your electronic signature.
All Consumers electronically give consent to the terms and conditions via authorization of payment, confirmation of order, providing personal information, and purchase. Your payment authorization is your electronic signature.
ACKNOWLEDGEMENT OF THIS AGREEMENT BY ALL PARTIES;
All Third-Party Merchant, Payment Gateway and Platforms, and consumers are signing this agreement electronically thru use of service, you agree your electronic signature is the legal equivalent of your manual signature on this agreement. You consent to be legally bound by this agreement’s terms and conditions, and understand nothing in this agreement can be waived pursuant to the Texas laws, Texas Business and Commerce Code.
-SMShoppers- Official Corporate and Legal Department