Welcome to Smith & Cult®, your destination for luxury cosmetics including premium nail polish, lip gloss, foundation, and concealer. These Terms & Conditions govern your access to and use of smithcult.com (the “Website”), operated by Smith & Cult® (referred to as “we,” “us,” or “our”). By accessing or using our Website, you agree to be bound by these Terms & Conditions. Please read these terms carefully before using our services.
1. Acceptance of Terms
By accessing, browsing, or making a purchase through smithcult.com, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, as well as our Privacy Policy. If you do not agree with any part of these terms, you must discontinue use of our Website immediately. These terms apply to all visitors, users, and customers of the Website, including those who browse without making a purchase.
We reserve the right to modify, update, or change these Terms & Conditions at any time without prior notice. Any changes will be effective immediately upon posting to the Website. Your continued use of the Website following the posting of revised terms constitutes your acceptance of such changes. We encourage you to review these terms periodically to stay informed of any updates.
2. Eligibility and Account Registration
To make purchases through smithcult.com, you must be at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater. By using our Website and placing orders, you represent and warrant that you meet these age requirements. If you are under the required age, you may only use our Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions.
When creating an account on our Website, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Smith & Cult® cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account information.
3. Product Information and Availability
We strive to display our Smith & Cult® nail polish, lip gloss, foundation, and concealer products as accurately as possible on our Website. However, we cannot guarantee that the colors, textures, or finishes displayed on your screen will be completely accurate representations of the actual products. Product appearances may vary depending on your device’s display settings, lighting conditions, and other factors.
All product descriptions, specifications, and pricing information are subject to change without notice. We reserve the right to limit quantities, discontinue products, or refuse service to anyone at our sole discretion. While we make every effort to ensure product availability, we cannot guarantee that all items displayed on the Website will be in stock at the time of your order. In the event that a product you have ordered becomes unavailable, we will notify you promptly and offer alternatives or issue a full refund.
Our luxury cosmetic formulations are developed with care and attention to quality. However, individual results may vary, and we make no warranties regarding the specific outcomes or effects of using our products. We recommend reviewing product ingredients and performing patch tests if you have sensitive skin or known allergies.
4. Pricing and Payment
All prices displayed on smithcult.com are in United States Dollars (USD) unless otherwise specified. Prices are subject to change without notice, but changes will not affect orders that have already been confirmed. The price charged for a product will be the price displayed on the Website at the time you submit your order, subject to our acceptance of that order.
We accept various payment methods, including major credit cards, debit cards, and other payment options as indicated during checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method. All payment transactions are processed through secure, encrypted connections to protect your financial information.
Additional charges may apply to your order, including but not limited to:
Sales tax, value-added tax (VAT), or other applicable taxes based on your billing and shipping address. Shipping and handling fees, which vary depending on your location, selected shipping method, and order value. Import duties, customs fees, or other charges imposed by your destination country for international orders. You are responsible for all taxes, duties, and fees associated with your purchase. These charges will be clearly displayed before you complete your order.
5. Order Processing and Confirmation
When you place an order through smithcult.com, you will receive an email confirmation acknowledging receipt of your order. Please note that this confirmation does not constitute acceptance of your order or confirmation of our offer to sell. We reserve the right to accept or decline your order for any reason, including product availability, errors in pricing or product information, or issues identified by our fraud detection systems.
Your order will be deemed accepted when we send you a shipping confirmation email indicating that your items have been dispatched. At that point, a contract of sale is formed between you and Smith & Cult® for the products specified in the shipping confirmation. We may require additional verification or information before accepting orders, particularly for large quantities or high-value purchases.
In rare circumstances, we may need to cancel an order after it has been placed due to product unavailability, pricing errors, or other unforeseen issues. If your order is cancelled, we will notify you promptly and issue a full refund to your original payment method within a reasonable timeframe.
6. Shipping and Delivery
Smith & Cult® ships our premium nail polish, lip gloss, foundation, and concealer products to addresses within the United States and select international locations. Shipping options, costs, and delivery timeframes vary depending on your destination and the shipping method selected at checkout.
We process and ship orders during normal business days, excluding weekends and holidays. Estimated delivery times begin from the date of shipment, not the date of order placement. While we strive to meet estimated delivery dates, we cannot guarantee delivery times and are not responsible for delays caused by shipping carriers, customs clearance, weather conditions, or other factors beyond our control.
Title and risk of loss for all products pass to you upon delivery to the shipping carrier. We encourage you to inspect packages upon delivery and report any visible damage to the carrier immediately. If your order arrives damaged or is lost in transit, please contact our customer service team promptly so we can assist you in resolving the issue.
For international shipments, you are responsible for complying with all applicable import regulations and paying any customs duties, import taxes, or other fees imposed by your country. We are not responsible for packages held by customs or returned due to refused customs fees.
7. Returns and Refunds
We want you to be completely satisfied with your Smith & Cult® purchase. If you are not entirely happy with your order, you may return eligible products within thirty (30) days of delivery for a refund or exchange, subject to the conditions outlined below.
To be eligible for a return, products must be unused, unopened, and in their original packaging and condition. Due to health and hygiene regulations, we cannot accept returns of opened, used, or damaged cosmetic products, including nail polish, lip gloss, foundation, and concealer. This policy protects the integrity of our products and the safety of all our customers.
To initiate a return, please contact our customer service team with your order number and details of the items you wish to return. We will provide you with a return authorization and instructions. Unauthorized returns or products sent back without prior approval may not be accepted or refunded. Customers are responsible for return shipping costs unless the return is due to our error or a defective product.
Once we receive and inspect your return, we will notify you of the approval or rejection of your refund. If approved, refunds will be processed to your original payment method within seven (7) to ten (10) business days. Please note that depending on your financial institution, it may take additional time for the refund to appear in your account.
8. Intellectual Property Rights
All content on smithcult.com, including but not limited to text, graphics, logos, images, product photographs, videos, audio clips, digital downloads, data compilations, and software, is the property of Smith & Cult® or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The Smith & Cult® name, logo, and all related product names, designs, and slogans are trademarks or registered trademarks of Smith & Cult®. You may not use, reproduce, or display these trademarks without our prior written permission. The compilation, arrangement, and presentation of all content on the Website is the exclusive property of Smith & Cult® and is protected by copyright laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from our Website without our express written consent, except as follows:
Your computer or mobile device may temporarily store copies of materials in RAM incidental to accessing and viewing those materials. You may store files that are automatically cached by your web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages for your personal, non-commercial use and not for further reproduction, publication, or distribution.
9. User-Generated Content
Our Website may allow you to submit reviews, comments, photographs, ratings, or other content (collectively, “User Content”). By submitting User Content, you grant Smith & Cult® a worldwide, perpetual, irrevocable, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media or format.
You represent and warrant that your User Content does not violate any third-party rights, including copyright, trademark, privacy, or publicity rights. You agree not to submit content that is unlawful, defamatory, obscene, threatening, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
We reserve the right, but are not obligated, to monitor, edit, or remove any User Content at our sole discretion. We do not endorse any User Content and expressly disclaim all liability related to User Content. The opinions expressed in User Content do not necessarily reflect our views or opinions.
10. Prohibited Uses
You agree to use smithcult.com only for lawful purposes and in accordance with these Terms & Conditions. You specifically agree not to:
Use the Website in any way that violates any applicable federal, state, local, or international law or regulation. Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm Smith & Cult® or users of the Website or expose them to liability. Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any spam, chain letters, or similar solicitations. Impersonate or attempt to impersonate Smith & Cult®, a Smith & Cult® employee, another user, or any other person or entity. Engage in any automated use of the system, such as using scripts, bots, or data mining tools to send comments or messages, scrape data, or interfere with the Website’s functionality. Introduce viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, servers, or networks connected to the Website.
11. Limitation of Liability
To the fullest extent permitted by applicable law, Smith & Cult® shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Website or products purchased through the Website. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages.
Our total liability to you for any claims arising from or related to these Terms & Conditions or your use of the Website shall not exceed the amount you paid to us for products during the twelve (12) months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of the content on our Website. The Website and all products are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
12. Indemnification
You agree to defend, indemnify, and hold harmless Smith & Cult®, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
Your violation of these Terms & Conditions or any applicable law or regulation. Your violation of any third-party right, including intellectual property, privacy, or publicity rights. Your User Content or any content you submit to the Website. Your use or misuse of the Website or products purchased through the Website.
This indemnification obligation will survive the termination of these Terms & Conditions and your use of the Website.
13. Dispute Resolution and Governing Law
These Terms & Conditions and any dispute or claim arising out of or related to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, United States, without giving effect to any choice or conflict of law provisions.
Any legal action or proceeding arising under these Terms & Conditions will be brought exclusively in the federal or state courts located in Los Angeles County, California. You hereby irrevocably consent to personal jurisdiction and venue in such courts and waive any objection to jurisdiction or venue in such courts.
In the event of any controversy or dispute between you and Smith & Cult® arising out of or in connection with your use of the Website, the parties shall attempt to resolve the dispute informally by contacting each other. If the dispute cannot be resolved informally within thirty (30) days, either party may initiate binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Los Angeles County, California, and shall be conducted in English.
14. Severability and Waiver
If any provision of these Terms & Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.
Our failure to enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Smith & Cult®.
15. Third-Party Links and Services
Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Smith & Cult®, including but not limited to our presence on platforms such as Amazon. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
We do not warrant the offerings of any third parties or their websites. You acknowledge and agree that Smith & Cult® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. The inclusion of any link does not imply endorsement by Smith & Cult® of the linked site or service.
16. Product Safety and Allergies
While our Smith & Cult® nail polish, lip gloss, foundation, and concealer products are formulated with high-quality ingredients, we cannot guarantee that they will be suitable for all users. If you have known allergies or sensitivities to cosmetic ingredients, we strongly recommend reviewing the complete ingredient list before using any product.
We suggest performing a patch test before full application, especially if you have sensitive skin or a history of allergic reactions to cosmetic products. Discontinue use immediately if irritation, redness, or discomfort occurs, and consult a healthcare professional if symptoms persist.
Smith & Cult® is not responsible for allergic reactions or adverse effects resulting from the use of our products. By purchasing and using our products, you acknowledge that you have reviewed the ingredient information and assume all risks associated with product use.
17. Marketing Communications
When you create an account or make a purchase on smithcult.com, you may opt in to receive marketing communications from us, including newsletters, promotional offers, product announcements, and other information about our premium nail polish, lip gloss, foundation, and concealer collections.
You can unsubscribe from marketing emails at any time by clicking the “unsubscribe” link in any promotional email or by contacting our customer service team. Please note that even if you opt out of marketing communications, we may still send you transactional emails related to your orders, account, or other necessary business communications.
We respect your privacy and will never sell, rent, or share your personal information with third parties for their direct marketing purposes without your explicit consent. For more information about how we collect, use, and protect your personal information, please review our Privacy Policy.
18. Force Majeure
Smith & Cult® shall not be liable for any failure or delay in performing our obligations under these Terms & Conditions if such failure or delay is due to circumstances beyond our reasonable control. These circumstances include, but are not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
In the event of force majeure, our performance obligations will be suspended for the duration of the event. We will make reasonable efforts to find alternative means of performance and to resume normal operations as quickly as possible.
19. Entire Agreement
These Terms & Conditions, together with our Privacy Policy and any other legal notices published on smithcult.com, constitute the entire agreement between you and Smith & Cult® regarding your use of the Website and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms & Conditions. You may not assign or transfer these Terms & Conditions or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms & Conditions at any time without notice.
20. Contact Information
If you have any questions, concerns, or comments about these Terms & Conditions, our products, or your order, please do not hesitate to contact our customer service team. We are committed to providing excellent customer support and addressing any issues promptly and professionally.
Smith & Cult®
Email: [email protected]
We strive to respond to all inquiries within 24-48 hours during business days. For order-specific questions, please have your order number ready to expedite the process.
By using smithcult.com and purchasing our luxury cosmetic products, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. We appreciate your business and look forward to serving you with our exceptional nail polish, lip gloss, foundation, and concealer products.
Thank you for choosing Smith & Cult® for your beauty needs.