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Terms of Use



1. IMPORTANT INFORMATION

You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.

The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to Smiling Jake, LLC  indicates acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Smiling Jake, LLC . Smiling Jake, LLC  reserves the right to make changes to this site and these terms and conditions at any time.

 

Monetary Values

All references to monetary values are in U.S.Dollars.

 

 

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 Smiling Jake, LLC  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
Smiling Jake, LLC  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, Smiling Jake, LLC  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, Smiling Jake, LLC  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 Smiling Jake, LLC  in its sole discretion

 

Warranty Disclaimer
With respect to the merchant, Smiling Jake, LLC , this site and the materials and products on this site are provided "as is" and without warranties of any kind enforceable against Smiling Jake, LLC ;  however, the manufacturers we buy from do, in most cases, provide a product warranty to protect the end user of a product from manufacturing defects. Please review product information pages to obtain warranty information for particular products, or you may call our customer service center at 1-610-363-3030.

To the fullest extent permissible pursuant to applicable law, Smiling Jake, LLC  disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Smiling Jake, LLC  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. Smiling Jake, LLC  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.

 

Disclaimer and Limitation of Liability as to Products Sold

Except as expressly stated herein, Smiling Jake, LLC  makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Smiling Jake, LLC  sites. Except as expressly stated herein, Smiling Jake, LLC  expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Smiling Jake, LLC  arising from any product sold on the Smiling Jake, LLC  sites shall be the price of the product ordered. In no event shall Smiling Jake, LLC  , its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.

 

Disclaimer and Limitation of Liability as to the Smiling Jake, LLC  Web Sites

The Smiling Jake, LLC  web sites and the materials therein are provided "as is". Smiling Jake, LLC  makes no representations or warranties, either express or implied, of any kind with respect to the Smiling Jake, LLC  sites, their operations, contents, information, materials or year 2000 compliance. Smiling Jake, LLC  expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Smiling Jake, LLC  , its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Smiling Jake, LLC  sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

 

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Smiling Jake, LLC  shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Smiling Jake, LLC  shall have 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 canceled, Smiling Jake, LLC  shall immediately issue a credit to your credit card account in the amount of the charge.

 

 

Third-Party Links


In an attempt to provide increased value to our visitors, Smiling Jake, LLC  may link to sites operated by third parties. However, even if the third party is affiliated with Smiling Jake, LLC,  Smiling Jake, LLC  has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Smiling Jake, LLC . These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Smiling Jake, LLC  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).

 

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Smiling Jake, LLC  reserves the right at any time after receipt of your order to accept or decline your order for any reason. Smiling Jake, LLC  reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

 

 

Jurisdiction and Venue

You agree that any legal action brought against Smiling Jake, LLC shall be governed by the laws of the state of Pennsylvania without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Smiling Jake, LLC  sites shall be an appropriate federal or state court located in Chester County, Pennsylvania.

 

Policies / Shipping and Returns

Disclaimer:

  • Your placement of an order at Smiling Jake, LLC  constitutes your agreement that these Policies and Terms of Use apply to the order, so be certain you understand them before placing your order.
  • Smiling Jake, LLC  is not responsible for any typographical errors or description errors. Pictures are for illustration purposes only. All manufacturer's names featured in this site are property trademarks of their respective owners.
  • Smiling Jake, LLC  and all of its agents are to be held harmless of any and all legal action arising from sale, use or misuse of any of our products.

Order and Payment Terms:

  • All products are brand new unless specified otherwise.
  • No Minimum order is Required
  • Price listed is for each item or pack unless specified otherwise.
  • Product specifications and prices are subject to change without prior notice. Smiling Jake, LLC  cannot be responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors or Out of Stock items.
  • We reserve the right to approve, deny or revoke accounts. We reserve the right to cancel any order at our discretion.
  • International customers are responsible for paying ALL customs fees, brokerage fees, import duties, and taxes upon receipt of your order.
  • Full payment is required before the merchandise is shipped.
  • We accept Visa, MasterCard, American Express, Discover,  Diners, JCB and PayPal.

 

Shipping Terms:

  • We use FedEx as our primary shipper. Shipping charges are the responsibility of the purchaser.
  • We DO NOT SHIP TO POST OFFICE BOX. Please make sure that you give us the correct physical street address information in the Shipping Addresses area. Not doing so can result in delaying the order or cancellation.
  • Goods will be shipped within 24-48 Hours  after the order is placed M-F during working Hours.
  • We charge actual shipping costs from our supplier's location.
  • The Shipping Rates shown on Shopping Cart and Checkout Page are Estimated Shipping Charges quoted directly from FedEx live or its respective carrier.  We'll notify you the actual shipping costs after receiving your order if needed for adjustment.
  • Please be aware that shipping cost is highly sensitive to weight, dimensions and distance.The actual shipping cost may be lower or higher than the Estimated Shipping Charge depending on many factors. If the actual shipping cost is lower, we will charge the lower cost. If the actual shipping cost is higher, we will notify you via phone or email before processing your order.
  • The heavier and larger your order is, the more it will cost to ship.
  • Items damaged in shipping must be reported within 24 hours of receipt for claim with shipper.
  • If missing items or wrong items shipped, please call us at 1-610-363-3030 or email us at support@yourrctoysmart.comimmediately.

 

Order Cancellations:

  • Customerhas to contact us to cancel an order.
  • If a cancellation is placed within 12 hoursAND the order has not been shipped, aSTORE CREDIT will be issued.
  • If the cancellation is placed after the order has been shipped, the customer must contact us for aRMA number first.The unopened package must be acceptedby thecustomer and thenreturned to usat the customer's expense.
  • A STORE CREDIT will be issued within 10 business days.

Undeliverable or Damaged Packages:

  • If the customer provides us with the wrong address or if the customer is not able to sign for the package or the customer did not pick up the package when they have been left a message to do so, the package will be returned to us. If it is determined that the package was undeliverable due to customer's error, we will re-ship the package again. The customer will be responsible for all shipping charges due to such an error.
  • Customers whorefuse their package, have called, and received aRMA number will beresponsible for all shipping charges. 
  • Customers who refuse their package, and return their packages without a RMA number will not be guaranteed a refund.
  • Customers should refuse delivery of obviously damaged packages from the carrier and call us at 1-610-363-3030 or email us at support@yourrctoysmart.comimmediately.
  • Please understand we carefully inspect all items before they leave our warehouse. If damage does occur and it is not our or your fault, it will become the responsibility of the carrier to cover all damages. Please call us at 1-610-363-3030 or email us at support@yourrctoysmart.comimmediately.
  • We will file a claim with the  carrier. Therefore, please retain all packaging. Please make photos of the damaged product and package and send them to our Service Department to assist in claim filing.

Warranty:

  •  ALL SALES ARE FINAL. NO RETURNS OR REFUNDS.
  • Exchanges for manufacturer defects only and must be within 1 business days of receipt of shipment. This warranty does not apply to breakage or malfunction due to accident, improper handling, abuse or poor maintenance.
  • Clearance/Refurbished products are offered as is. No exchanges. No returns. No refunds.
  • Exchanged products must be in brand new condition with original, undamaged manufacturer's packaging. We will not accept any item that has been altered physically.
  • No items will be exchanged once sold to the retail user.
  • Please explain reason for the exchange. Provide your order number and product/s you want to return for exchange.
  • Please email us at support@yourrctoysmart.com for a RMA number before returning a product for exchange. You will receive your RMA number via email when your RMA request is approved within 2 business days.
  • No returns, of any type, will be accepted without a RMA number on the exterior of the box.The RMA number will be valid for 7(seven) days after we issue it only. All returns for exchange must be received with in 5 days of RMA being issued. Later or incomplete returns may be subject to refusal. RMA numbers will not be extended or resigned.
  • Customer will be responsible for the return shipping charges, and we assume the cost in shipping back to the customer. All exchanged products are shipped ground.
  • Please note there are some items that are covered by Factory Warranty in that case please see each items Warranty for procedure for coverage.
  • ALL SHIPPING CHARGES FOR WARRANTY / DEFECTIVE OR WRONG ITEMS, IS THE RESPONSIBILITY OF THE PURCHASER. WE DO NOT PAY ANY SHIPPING CHARGES.

 

International Shipments

 

ALL SALES ARE FINAL. NO RETURNS OR REFUNDSin any way shape or form, we only promise to ship item from our location and provide shipping confirmation. Items under $200.00 are marked to abandon items $201.00 and above are marked for return, if return does occur it will be processed at customers expense if returned shipping fees are not paid I reserve the right to resale items to reclaim shipping expense. 

***Please also take into consideration that the Shipping on International Shipments might be off depending on the size and weight of your shipment, since there are size limits in place by USPS.  So please keep this in mind if you are asked to pay further shipment fees by PayPal Only






Our company reserves the right to change or modify these terms with no prior notice.