Terms & Condition

This page contains the terms & conditions. Please read these terms & conditions carefully before ordering any products from us. You should understand that by ordering any of our products, you agree to be bound by these terms & conditions.

By placing an order at SmackFat, you warrant that you are at least 18 years old (or have parents’ permission to purchase from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at SmackFat for the sale and supply of any products. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.

RETURNS

You are entitled to an exchange or refund within 30 days of your purchase. Please note that the product must be returned unused, in original packaging including all labels. In case of refund, neither the original shipping cost nor the return shipping cost will be repaid.

Return Adress:

SmackFat 

708 Bushwick Ave 

Brooklyn, NY 11221 

USA 

(To be eligible for a return, your item must in the original packaging, be unused and in the same condition that you received it.)

Cookies

SmackFat uses cookies according to the new Electronic Communications Act, which came into force on 25 July 2003. A cookie is a small text file stored on your computer that contains information that helps the website to identify and track the visitor. Cookies do no harm to your computer, consist only of text, cannot contain viruses and occupies virtually no space on your hard drive. There are two types of cookies: “Session Cookies” and cookies that are saved permanently on your computer.

The first type of cookie commonly used is “Session Cookies”. During the time you visit the website, our web server assigns your browser a unique identifier string so as not to confuse you with other visitors. A “Session Cookie” is never stored permanently on your computer and disappears when you close your browser.

To use SmackFat without troubles you need to have cookies enabled.

The second type of cookie saves a file permanently on your computer. This type of cookie is used to track how visitors move around on the website. This is only used to offer visitors better services and support. The text files can be deleted. On SmackFat we use this type of cookie to keep track of your shopping cart and to keep statistics of our visitors. The information stored on your computer is only a unique number, without any connection to personal information.

Personal Information

All personal information you provide us with or that we obtain will be handled by SmackFat as responsible for the personal information. The personal information you provide will be used to ensure deliveries to you, the credit assessment, to provide offers and information on our catalog to you. The information you provide is only available to SmackFat and will not be shared with other third parties. You have the right to inspect the information held about you. You always have the right to request SmackFat to delete or correct the information held about you.

By accepting the Smackfat Conditions, you agree to the above.

Force Majeure

Events outside SmackFat's control, which is not reasonably foreseeable, shall be considered force majeure, meaning that SmackFat is released from SmackFat obligations to fulfill contractual agreements. Example of such events is government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc.

ARBITRATION & CLASS ACTION WAIVER

EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE AGAINST SMACKFAT, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, EMPLOYEES, AND/OR REPRESENTATIVES, MAY ONLY BE PURSUED AND BROUGHT IN FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended. In the event you elect to proceed with binding arbitration, you shall provide written notice to Smackfat by registered or certified mail and shall describe in such notice, with reasonable particularity, the nature, and basis of such claim and the total amount of the claim. The written notice shall be sent to 708 Bushwick Ave, Brooklyn, NY 10458. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations within the thirty (30)-day period following receipt of the written notice, either party may initiate binding arbitration pursuant to the terms and conditions set forth herein.

The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. The AAA Rules are available online at www.adr.org. Unless otherwise agreed, the arbitration shall take place in the capital city of the state in which the consumer resides, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).

Separate and apart from the agreement to arbitrate set forth above and to the extent permitted by law, you hereby independently (i) waive any right to bring or participate in any class action against SmackFat and (ii) acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and non-severable from the agreement to arbitrate claims.

ADDITIONAL INFORMATION

SmackFat reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice. At the event of when a product is sold out, SmackFat has the right to cancel the order and refund any amount paid in the best way. SmackFat shall also notify the customer of equivalent replacement products if available.

Smackfat is not responsible for any content, interactions or transfers made on http://smackfat.com

All inquiries: Kabaketo@SmackFat.com