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Legal

Terms, Shipping, Warranties, Payments & Returns Policies for Food (Restaurant Preordering) and Gift Items  
Welcome to Smoffees.com (Smoffee's)

Smoffees.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Smoffees.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Smoffees.com service (e.g., online purchasing, online quoting, online reviewing, etc.) or any business affiliated with Smoffees.com, whether or not included in the Smoffees.com website, you also will be subject to the guidelines and conditions applicable to such service or business.

Thank you for visiting Smoffees.com, we will do everything we can to ensure a pleasant browsing and purchasing environment. You can contact us via phone at 785-269-7381, please leave our customer support team your message, should you reach our voicemail. You may also send email, 24 hrs a day. We do our best to respond to your inquiries with 24 hours of their receipt.


TERMS OF USE
By using the Site, you signify your binding agreement to these Terms. Smoffees.com and its affiliates (collectively, "Smoffees, LLC") reserve the right, at our discretion, to change, modify, add, or remove portions or all of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Site following the posting of changes to these Terms (including the Site's Privacy Policy) constitutes your binding acceptance of those changes. Neither Smoffees.com (or any of our affiliates) nor any providers of information make any warranties, express or implied, as to results to be obtained from use of such information, and make no express or implied warranties of merchantability or fitness for a particular purpose or use. Neither Smoffees.com (or any of our affiliates) nor any of providers of information shall have any liability for the accuracy of the information contained in the service, or the contents of any advertisements, or for assertions or omissions therein. No party shall be liable to any other party or any third-party for third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Smoffees.com (or any of our affiliates) reserves the right to remove any listings or any advertisements for any reason. In no case shall Smoffees.com (or any of our affiliates) be liable for any costs or events that occur beyond its control including, but not limited to, network outages, Internet connectivity problems and client side browser issues.

The following disclaimer and terms of use apply generally to all postings or usage of Smoffees.com (or any of our affiliates) site It is hereby also understood that any person posting to Smoffees.com (or any of our affiliates) will have been presented with this disclaimer and terms of use prior to doing so and, as such, be subject to its terms as indicated below.

Please note that Smoffees.com may change any or all of the content on the Site, including, but not limited to, products, programs, and/or services described in or offered through the Site, without notice and without liability to Smoffees.com


CONDITIONS OF USE
You are entirely responsible and liable for all postings or usage of Smoffees.com (or any of our affiliates) you make. Listed below are some, though not all, violations which may result in Smoffees.com (or any of our affiliates) not allowing you to use any or all areas of our web sites. You agree not to do any of the following while using Smoffees.com (or any of our affiliates): harass, threaten, embarrass or slander any person or entity; transmit via Smoffees.com (or any of our affiliates) any information, data, text, files, links, software, chat, communication or other materials ("Content") that Smoffees.com (or any of our affiliates) considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable; impersonate in Smoffees.com (or any of our affiliates) any business or person, living or dead, famous or not; intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing Smoffees.com (or any of our affiliates) or in connection with your use of Smoffees.com (or any of our affiliates) in any manner.


INTELLECTUAL PROPERTY
You agree that you will not upload or transmit any Content (i.e., Consumer Review) to Smoffees.com (or any of our affiliates) that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to Smoffees.com (or any of our affiliates) you automatically grant -- or warrant that the owner of such Content has expressly granted -- Smoffees.com (or any of our affiliates) the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.


CONTENT
You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content found within the Smoffees, LLC [Smoffees.com and others] family of website's. Smoffees.com (or any of our affiliates) shall not be responsible for any Content. Smoffees.com (or any of our affiliates) does prescreen or monitor all Content as a matter of policy, yet cannot guarantee accuracy or benefit of such content. Smoffees.com (or any of our affiliates) shall have the right, but not the responsibility, to remove Content which is deemed in sole discretion undesired, harmful, offensive, or otherwise in violation of this Agreement or any rules Smoffees.com (or any of our affiliates) has in place at the time. Smoffees.com (or any of our affiliates) may elect at its sole discretion to monitor some, all, or no areas of Smoffees.com (or any of our affiliates) for adherence to this Agreement or rules.


SHIPPING & DELIVERY
What are Smoffee's shipping policies?

Smoffees.com is a local business to business company and only hand delivers or allows pickup of any potential physical merchandise or sends via email or website any intelectual products.

ORDERING AND INFORMATION
Smoffees.com retains the right to change pricing at any time with out notification. Prices on the web site are as marked, and can only be changed or adjusted by the Smoffees.com administrator. Current order processing time is 24 to 72 hours; during holiday season processing times may vary. Processing/Delivery time for custom orders vary greatly; please contact your account manager or customer service representative for more information. There are times where for numerious reasons items may be delayed. We will usually deliver with in 24 to 72 house however if you notice there is a delay in getting your order, and you need to get it quicker call or email customer service to get it quicker or canel your order.


ORDERING OPTIONS
Smoffees.com employs secure transactions for your use and benefit of online purchasing. Smoffee's also accepts orders via phone and email placement, however the following conditions apply.


Online Orders
Smoffees.com makes every effort and takes every security measure to ensure your transaction security from within our purchasing modules, at Smoffees.com In order for you to purchase through Smoffees.com, you must create a secured online account for yourself, and all purchases require your ability and execution of “logging in” to said account, before purchase is able to be confirmed. For your convenience, you may browse products and add product to your “cart” without logging in, but you will not be able to proceed through our online purchasing without first having created and securely logging into your account. [We employ strict security standards. Some users may experience errors or difficulty when creating and/or logging into their account, as a result of their personal security settings within their internet browser or computer. We encourage you to contact us should you have any concern or difficulty with your account or any other function of our website. Technically trained staff are available during normal business hours via phone (785-269-7381) and/or email (sales@Smoffees.com).


Phone Orders
Should you wish to place an order with Smoffee's by phone, you will only be able to pay by a check.


Email Orders
Should you wish to place an order with Smoffee's via email, you must let us know what product you want to order and when you wish to purchase it.

Certificate or Coupon [These certificates and/or coupons are offered exclusively by and for the use of Smoffee's and Smoffees.com Smoffee's reserves the right to honor or disallow any such certificate or coupon at any given time. These certificates can be obtained via direct email correspondence between Smoffees.com and its customers, they may also be obtained or provided by various online methods, within the Smoffees.com website. Smoffees, LLC, Smoffee's and Smoffees.com retains all rights as related to discount, certificate or coupon, regardless of method of obtaining or provision. Should you have any questions or concerns, you must contact either your account manager or our customer support team for further clarification and/or specific authorization.

Your Name

Your Contact Information [REQUIRED: PHONE CONTACT INFORMATION, OR ORDER CANNOT BE PROCESSED]

Your Title, or authorizing information of purchase on behalf of the company you are purchasing for [Please be prepared to offer proof of purchasing authorization on behalf of the company you represent]

DO NOT PROVIDE CREDIT CARD # OR ANY OTHER FINANCIAL ACCOUNT INFORMATION IN YOUR EMAIL. THIS IS FOR YOUR OWN SECURITY AND IF YOU INCLUDE SUCH INFORMATION, YOUR ORDER WILL NOT BE PROCESSED FOR YOUR OWN PROTECTION, AS VERIFICATION OF SECURE TRANSMISSION CANNOT BE OFFERED VIA EMAIL AT THIS TIME. UPON RECEIPT OF YOUR EMAIL SUBMITTED ORDER, Smoffee's WILL CONTACT YOU BY PHONE TO CONFIRM YOUR ORDER AND AT THAT TIME, REQUEST
PAYMENT/ACCONT INFORMATION.


PAYMENT OPTIONS/METHODS
Smoffees, LLC and Smoffee's [Smoffees.com] will honor the following methods of payment. Multiple conditions and stipulations may apply to any particular payment method; it is your responsibility to review such conditions and choose your method of payment accordingly.


Online Purchasing Methods/Options via Smoffees.com [our website's.]

Credit Card - Securely submitted by customer, to online purchasing module. This information can be retained within your account profile for easy and convenient purchasing, should you desire to include and save such information when creating or modifying your online secured account. If you have any questions or concerns related to charges or credits appearing on your credit card account, please don’t hesitate to contact your account manager or sales representative.

Alertpay - We use Alertpay to process orders. Any Alertpay orders are bound by our terms and conditions.

Company Check, Certified Funds and Money Order
Smoffee's and Smoffees.com does not currently have options to accept such payment methods via our online interface. However, you may use any of these methods as payment by contacting your account manager or customer support representative and placing your order via phone. Should you decide to submit payment via Company Check, your order will be placed with our manufacturers upon provision of funds to our account, from your bank. Should you decide to submit payment via Certified Funds and/or Money Order, we will place your order with our manufacturers upon receipt of your payment and certification from our bank of funds.

Terms - No terms

Please contact your account manager or customer support if you require mailing address information.

It is your responsibility to retain copies of all correspondence and receipts/proof of sent funds.

You are also encouraged to insure payments being sent via mail, for your own protection.

RETURN POLICY
If you are not satisfied with your purchase, simply contact your account manager or customer service representative within 30 days of delivery for a full refund on gift items or restaurant items the same day.

For items returned due to (the purchaser) your change of preference or desire, whether it be related to your misunderstanding of the product, your change of plan/use or your incorrect calculations in most cases we will honor a refund for the amount of the product alone.

Obtaining Return Authorization
For Returns and/or Exchanges, Smoffee's requires your notification of intent and you must obtain authorization from Smoffee's before you initiate return of an item(s) or we will not be able to accept the package, should it arrive at our offices. To obtain such authorization, please contact either your account manager or our Customer Support Team at 785-269-7381.

WARRANTIES
Smoffees.com will honor all manufacturer warranties provided by the manufacturer, done by the manufacturer. In order for the manufacturer of your item to honor your warranty, you must go through Smoffee's, as the manufacturer will not recognize your purchase/warranty should you attempt to go to them directly. You may contact Customer Support or your Account Manager for warranty details and/or to file a claim. Unfortunately, Smoffee's cannot be responsible for any product defects or concerns not met by the manufacturer. However, should you not be satisfied with your purchase or any warranty work provided by your item’s manufacturer, we will do our best, as your liaison, to work with the manufacturer in effort to provide results as you expect.

If your item is received with damage or defect, please do not use the item(s) in a faulty condition, as it may cause greater damage or defect thus resulting in the manufacturer warranty becoming void or altered. Further, no manufacturer warranty will be honored if an item is used for any purpose beyond or contrary to its intended, published purpose, or where there is specific user abuse.


DISCLAIMER OF WARRANTIES
You expressly agree that use of Smoffees.com (or any of our affiliates) is at your own risk. Smoffees.com (or any of our affiliates) shall not be responsible to you for any content found on Smoffees.com (or any of our affiliates) . Smoffees.com (or any of our affiliates) expressly disclaims all warranties of any kind, whether implied warranties of merchantability, fitness for a particular purpose, and non infringement. Smoffees.com (or any of our affiliates) makes no warranty that Smoffees.com (or any of our affiliates) will be timely, secure, error free, or meet your requirements; nor does Smoffees.com (or any of our affiliates) make any warranty as to the results that may be obtained from the use of Smoffees.com (or any of our affiliates) or as to the accuracy or reliability of any information obtained through Smoffees.com (or any of our affiliates). No advice or information, whether oral or written obtained by you from Smoffees.com (or any of our affiliates) shall create a warranty not expressly made by the manufacturer. You understand and agree that any content downloaded or otherwise obtained through the use of Smoffees.com (or any of our affiliates) is done at your own discretion and risk and that you will be solely responsible for any damages to your computer or loss of data that results in the downloads of such content. To the full extent permissible under the applicable law, Smoffees.com (or any of our affiliates) shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use Smoffees.com (or any of our affiliates) or for the cost of procurement of substitute goods and services resulting from any goods or services purchased or obtained through your use of Smoffees.com (or any of our affiliates). Smoffees.com will not be liable in anyway for any injury that happens because of manufacturer defects or normal use of the product purchased from or any product given or provided by Smoffees.com


Deposits made for custom/special ordered products will be retained by Smoffee's if the customer chooses not to accept the product or wants to return the product. Once the customer confirms the custom/special order, the custom/special details of the ordered product and all payment information, thus completes the transactional process the customer herein out is responsible for the full payment amount of the custom ordered product. If the customer fails to pay the remainder of the invoice within 30 days of being notified of completion of the order, Smoffee's will be entitled to retain the deposit for the order and have the merchandise from the order become property of Smoffee's. The only exception to this is if the ordered product is defective, in this instance Smoffees.com will exchange the product with a duplicate or if a duplicate is unavailable a similar product under recommendations from Smoffee's.

All forms of transactions are bound by these rules and obligations.

Smoffee's is entitled to change these term and conditions without prior written notice at any time.


How can I contact Smoffee's?
If you would like us to update your contact information or remove your name from our mailing list, or if have any questions about Smoffee's privacy practices or about your personal information, please contact us here or call 1-785-269-7381, or write us at:

Smoffee's
Attention: Customer Relations
365 N Franklin
Colby, KS 67701

We will respond to your inquiry or investigate your concern as quickly as possible.


Copyright © 2010 Smoffee's Bakery, Bistro and Coffee
(all in one restaurant) @ Colby, Kansas