Terms and Conditions

Planning a party? Well isn’t that Smarty! Then let’s get our glamor in order.

You got to the spot, for styles so hot! Have something in mind, kinda sorta?

Browse[do not drowse!] to create event-wows, or inspire a weddingexotic;

Looks that transcend, & blend latest trends, to dazzle & spellbind hypnotic.

We’ve nothing to do [except serving you], so let’s get right on with the show.

Before going scanning & prime party planning, here is what you needa know.

We have an admission; our Terms & Conditions failed as a spectacular thriller.

Lawyers persisted [they outright insisted!]; but they are no best-seller killers.

To make things legit, we were forced to submit, a tome for the nerdiest bore,

While no jubilation or cartwheel elation; it’s an insomnia cure - that’s for sure!

General Website Use Terms & Conditions

Welcome to www.smartyhadapartyshop.com (“Website, Site,”), a website owned and operated by Hardy Party LLC Dba Smarty Had A Party (“Smarty,” “we,” “us,” “our”), 585 Prospect St Unit 305, Lakewood, NJ 08701, USA (“Smarty HQ”). Smarty is incorporated in the state of New Jersey with its principal place of business, aka Smarty HQ, located in Lakewood, New Jersey.

The terms and conditions stated below, along with the policies and guidelines found on the Website (hereinafter “terms and conditions”) identify what You, as a Smarty customer, can expect from us, and what Smarty expects from You as a User. As used herein, the terms “User,” “You,” or “Your,” or “Customer,” whether or not in uppercase or lowercase, shall refer to any person accessing, in any way, our Website.

By visiting any area of the Website, including but not limited to creating an account, making a purchase via Smarty’s online store, posting a review or product feedback, and/or otherwise joining, viewing, visiting, and/or contributing in any way to Smarty’s forums or interactive features, including but not limited to social media and blogs (hereinafter “Smarty had a Party Services”), User is deemed to have read and accepted all terms and conditions herein.

If You do not agree to be bound by the following terms and conditions and to comply with all applicable laws, You should immediately cease using the Website and should not otherwise further access the Website.

Separate terms and conditions apply to the application and awarding of lines of credit through our Website. Please contact Smarty for more information.

Applicable Laws

Use of the Website and these Terms and Agreements shall in all respects be governed by the laws of the state of New Jersey, regardless of the laws that might be applicable under conflict of laws principles.
User agrees that venue is proper in the Ocean County Court, New Jersey, or the United States District Court of New Jersey, either of which shall have exclusive jurisdiction over claims arising from any conflicts with Smarty.
User waives its right to argue lack of personal jurisdiction as to the herein mentioned courts.
This choice of law provision shall in no way be construed, interpreted, or applied as a waiver of Smarty’s binding arbitration agreement expressed in the provisions below.

Usage Terms

By visiting Smarty’s Website, You’re responsible for using our site in a private, secure and responsible manner. Smarty will not be liable for any damages or losses caused to You or others from any unauthorized account access resulting from Your actions. Smarty reserves the right to refuse service, registration, to suspend and/or to terminate an account, in addition to removing or editing content submitted by You to Smarty, at any time, for any reason, in Smarty’s sole discretion.

You are solely responsible for maintaining the confidentiality of information You submit through Smarty’s Website and any corresponding passwords. You’re further responsible for restricting access to Your computer, to the extent it could jeopardize information on the Website or provided by You to Smarty.

Acceptable Uses

By accessing this Site, User warrants and represents to Smarty that You are legally entitled to do so and to make use of information made available via the Website.
User agrees to refrain from doing any of the following or permitting other third parties associated with User from doing the following:

Posting or transmitting any unlawful, threatening, derogatory, abusive, libelous, defamatory, obscene, sexually explicit, hateful, racial, ethnic and/or profane information or images of any kind;
Posting or transmitting any information or software that the User knows or reasonably should know to contain a virus, worm, and/or any other harmful component
Harass, advocate harassment, or to engage in any conduct that is abusive to any person(s) or entity (ies); and
Posting or transmitting unauthorized commercial communications (such as spam) through the Website.

Licenses

Smarty grants You a limited license to access and make personal use of the Site.
Such limited license does not include any resale and/or commercial use of this website or its contents; any derivative use of this website or its contents; and/or any use of data mining, robots, and/or any other data gathering and extraction tools.
You may not download (other than page caching) or modify the Website, or any portion of it, without the express, written consent of Smarty.
Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, and/or otherwise exploited for any commercial purpose without the express, written consent of Smarty.
You may not frame or use framing methods to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of Smarty without its express, written consent.
You may not use any meta tags or any other 'hidden text' utilizing Smarty’s name, copyrights, or trademarks without the express, written consent of Smarty.
The limited license granted by Smarty is terminated by any unauthorized use or any use that violates any terms contained in these Terms and Conditions, and may otherwise be terminated by Smarty at any time for any reason or no reason, in the sole discretion of Smarty.
User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of www.smartyhadapartyshop.com so long as the link does not portray Smarty, its affiliates, or their products or services in a false, misleading, deceptive, derogatory, or otherwise offensive matter.
You may NOT use any logo or other proprietary graphic or trademark of Smarty as part of any link without Smarty’s express, written permission.

Copyright/Trademark

All content included on the Website, such as information, data, software, code, photographs, text, graphics, Smarty logos, icons, videos, typefaces, compilations, music, sounds, images and other material (collectively “Content”), is the exclusive property of Smarty or its suppliers and protected by United States and international copyrights, trademarks, trade secrets, rights in databases and/or proprietary rights.
These rights are valid and protected in all forms existing now or hereinafter developed. All Content is copyrighted as a collective work under copyright laws, and Smarty owns a copyright and/or database right in the selection, coordination, arrangement, presentment, and enhancement of the Content.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part.
Nothing on the Website can be used, copied or otherwise disseminated without the express, written consent of Smarty.
Further, You may not download (other than page caching), modify or otherwise save or store the Website or any portion of it without Smarty’s express, written consent. This includes a prohibition on any resale or commercial use of the Website or Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Website or Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots or similar data gathering and extraction tools.
The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, or exploited for any commercial purpose without Smarty’s express, prior written consent.
You may not frame or utilize framing techniques to enclose any trademark, logo, copyrighted, or other proprietary information or use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
All images on Smarty’s website are proprietary and copyrighted. Unauthorized use of Smarty’s content on or off of our website is a violation of copyright law and subject to the maximum penalty under the law. Smarty retains its rights to utilize all available legal means to remedy or address the above situations.

In the unlikely event that User is found to have performed any of the above illicit acts, Smarty reserves the right, but not the obligation, to prohibit conduct, communication or Content that we deem, in our sole discretion, to be unlawful or harmful to You or other Users and Customers, the Website, Us or our rights or rights of any third party. We assume no liability for any action or inaction with respect to Your conduct, communication or Content on the Website.

User Submitted Content

If You submit material to the Website, and unless we indicate otherwise, You grant Smarty a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content through any media.
Smarty maintains the right to use User’s submitted name in connection with such content, for any purpose.
You represent and warrant that You own or otherwise control all of the rights to the content that You submit; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity, including but not limited to Smarty; and that You will defend, indemnify and hold harmless Smarty for all claims and lawsuits arising from content You supply.
Smarty maintains the right but not the obligation to monitor, edit and/or remove any activity or content You place on the Website.
Smarty takes no responsibility and assumes no liability for any content submitted by You and/or any third party to it or the Website.

Electronic Communication

By visiting the Website, or communicating electronically in any way with the Website or Smarty, including emails and/or posted online comments, You agree to accept our terms and conditions and consent to receive electronic communication from Smarty, said consent being revocable by You with written notice.
You agree and warrant that all communications You receive electronically from Smarty satisfy all legal requirements that such communication be in writing.

Privacy: Information Collection, Use, and Sharing

Smarty is the sole owner of the information collected on the Website.
We only have access to/collect information that You voluntarily give us via email and/or other direct communications with You.
Smarty will not sell or rent this information to anyone without your consent.
Smarty will use User provided information to assist You regarding the reason You contacted us.
We will not voluntarily share Your information with any third party outside of our organization, other than as necessary to fulfill Your order or request, e.g. to ship an order, or otherwise with Your permission.
Unless You ask us not to, we may contact You via email in the future to tell You about sales, specials, new products and/or services, or changes to Smarty’s Terms and Conditions.
You may opt out of future contacts from us at any time.
You can do the following at any time by contacting us via the email address or phone number given on our website: [email protected].

Security

Smarty takes precautions to protect User information.
When You submit sensitive information via the Website, Your information is protected both online and offline.
When we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way.
While we use encryption to protect sensitive information transmitted online, we also protect Your information offline.
Only employees who need your sensitive information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information.
The computers/servers in which we store personally identifiable information to process Your orders are kept in a secure environment.

Disclaimer and Limitation of Liability

The Website is provided by Smarty on an “as is” basis.
Smarty makes no representation or warranties of any type, express or implied, as to the operation of the Website or the information, content, materials, and/or products included on the Website.
User expressly agrees to accept sole and total responsibility and risk for use of the Website.
Smarty reserves the right to withdraw and/or delete any information from this Website at any time, in its sole discretion and to the full extent permissible by applicable law.

Smarty disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Smarty does not warrant that the Site, its servers, or any email communications sent from Smarty are free of viruses or other harmful components.
Smarty will not be held liable for claims and/or damages of any kind arising from the use of the Website, including but not limited to direct, indirect, special, incidental, liquidated, punitive and/or consequential damages, such as but not limited to loss of income or revenue; business interruption; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; costs of management, office time or man hours related to a claim, whether caused by tort (including negligence), breach of contract or otherwise.

Indemnity

User agrees to defend, indemnify and hold Smarty and its Officers, Directors, Employees, Representatives, Agents, Attorneys, and Assigns harmless from any claim, demand, lawsuit or damages, including costs, expenses, and reasonable attorney’s fees, made by any third party due to and/or arising out of User’s use, in whole or in part, of Smarty’s Website, any products received and/or used by User from Smarty, breach of these Terms and Conditions, or User’s violation of any law or the rights of any third party.

Modification

Smarty may modify these Terms and Conditions from time to time, and reserves the right to modify any general and/or e-commerce term or condition contained herein at any time and in its sole discretion.
All modifications shall be immediately effective after being posted on Smarty’s Site.
Any modifications made to these Terms and Conditions shall not apply to any dispute in arbitration at the time of such modifications.

Severability

If any of the terms and conditions herein are deemed void, voidable, invalid, or for any other reason unenforceable by a court of law, said conditions shall be deemed to be severed from all remaining terms and conditions, and shall not affect the remaining provisions.

Transaction Agreement [Terms of Sale]

Pre-Transaction

Prices, Availability and Errors

Smarty’s prices are subject to change without notice.
Errors will be corrected when discovered.
When a product’s correct price is lower than our stated price, we will charge the lower amount when dispatching the product to You.
If a product’s correct price is higher than the price stated on our Website, we will normally contact You for instructions before releasing the product, agree to charge the lower amount, or reject Your order and notify You of the same.
Smarty makes no warranties that any goods sold by it will be in accordance with manufacturer’s specifications.
With the smarty price Promise we are committed to offering you the best possible prices. If you find an item that we offer, in the same color and size, in stock at a designated national competitor, we will gladly beat that competitor's price by 5%.
We are unable to match prices from outlet, discount, flash sale, auction or club websites, or from regional or non-U.S.-based stores and websites. Other retailers' promotional discounts, gift card or shipping offers are also not eligible for matching. Tablecloths are not part of this offer. Please call us at 1-855-476-2789 or email us at [email protected] with your request and we will be happy to assist you. we reserve the right to remove this at any time, or decline a request at our discretion.

Account Access & Use

By creating a customer account with Smarty, You are subject to the following terms:

User is solely responsible for User’s account.
If a User provides account access and/or information to another individual or entity, User is liable for any purchases and charges made to said account.
User promises to pay for all purchases made by User and/or by any other person or entity authorized by User to use the account, or for any purchases made on User’s account, whether or not authorized.

Purchasing

By placing an order with Smarty, You are offering to purchase a product from Smarty and subject to the following terms.

We may request certain personal information from You on an order form in order to conduct business.
To purchase from Smarty, and to ensure we can provide the most effective and efficient service, You must provide correct contact information (including, among others, your full name and shipping address) and financial information (including, among others, your credit card number and expiration date).
This information is used only for billing purposes and to fill Your orders.
If we have trouble processing an order, we will use the information You provided to contact You, it is therefore imperative that you enter a phone number and email address which you check regularly, so we can process Your order with the urgency we accord all orders.

Payment Provisions/ Billing

The invoice date listed on an order is the date the order was created.
Orders are considered shipped once they have begun processing.
Processing of all orders is subject to account status and credit limit verification, and may therefore be subject to delay.
Customer is billed for prices in effect at the time of purchase, plus shipping and sales tax, where applicable.

Taxes

In states where Smarty has no physical presence, Smarty may not be required to collect and remit sales tax for purchases. However, many states require that their residents file a sales or use tax return for items purchased over the Internet. You should consult Your state and local tax laws to determine compliance with tax laws and regulations in Your area. In some states, Smarty collects and remits sales tax. For purchases where sales tax is applicable You will see the tax calculated on the checkout page before You are asked to confirm the purchase.
Smarty uses reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to You as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local tax holidays, the timing of rate changes or the application of certain taxes to categories of items we sell.
In consideration of our allowing You access to and use of the Website, and in collecting and remitting taxes required on your purchases, You hereby waive Your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold Smarty and its officers, directors, employees, agents and representatives harmless for any harm or other damages You may incur as a result of an error in calculating the taxes You owe for Your purchases, if any. Nevertheless, if we over-collect and it is discovered, we will make all reasonable efforts to contact You and offer to remit You the amount of the over collection or offer You a credit for Your next purchase from Smarty.

Post-Transaction

Order Modifications

We take every measure to accommodate changes in orders after placement. However, once processing has begun, an order may not be altered or canceled.
At times an item may be unavailable, even if it is listed as “in stock” on the Website. When that occurs, we will attempt to contact You for further instruction.
If we are unable to reach You, the available portion of Your order will be shipped to You, and we reserve the right to replace the unavailable product with like kind or quality items, or to cancel that portion of the order.
Smarty reserves the right, in its sole discretion, to cancel any order for any reason at any time.

Shipping

By placing an order with Smarty, You agree to and accepting these shipping terms.

Ownership & Responsibility of Shipments

Due to the nature of our business, all items purchased through the Website are made pursuant to a shipping contract.
Thus, any risk of loss and title for shipped purchases transfer from Smarty to You upon tender of package to the shipping carrier.
Risk of loss and title for all items shipped to or on behalf of User passes to User upon delivery or exchange of the item from Smarty to the selected carrier for delivery.

Shipping Methods

Smarty offers a variety of shipping methods to meet Your needs.
We ship most packages via UPS Ground or Express, but reserve the right to use other carriers. We offer ground shipping and three express methods. For ground shipping, allow 5 to 7 Business days for delivery.
Express orders have a cutoff of 12PM EST to be shipped the same day otherwise it will be shipped the next business day after an order is placed.
Express shipments cannot be expected before the end of the specified day.
Urgent Priority Express shipping with morning delivery is available only by contacting Smarty by telephone or Chat.
For inquiries, call (314) 431-5400.
All posted shipping time frames are contingent upon approval of payment.
Express Shipping is not offered for orders containing products which may be out of stock.

Free Ground Shipping

If orders within the 48 contiguous states total $49 or above, Smarty will pay Your cost of Ground Shipping.
Smarty has the right to change the free shipping threshold at any time without notice.
If return(s) from that order reduce the original order total below the $99 threshold, You are responsible for the outgoing freight cost that Smarty incurred on the original order.
In that circumstance, Smarty will deduct the outstanding freight balance from the Your refund.

Incorrect shipping address

Incorrect shipping address provided by a customer may cause a delay in the order being shipped.
Carrier charges for address correction due to incorrect entry by User and delivery reattempts are the responsibility of User.
If delivery is refused, User is responsible for costs of shipping both ways: to the Customer and back to Smarty.
Smarty shall not be liable for delays in delivery or for failure of carrier to perform for any reason, including but not limited to acts of God, acts or omissions of the Customer, civil or military authorities, war, any natural disaster or weather delays, delays in transportation and/or inability of carrier to obtain necessary labor, materials or supplies.

Post-Shipment

By placing an order with Smarty, You agree to and accept these return/exchange terms

Missing Shipments

Customer’s receive tracking information via email when their order is shipped.
Customer is responsible to follow this tracking to anticipate order arrival.
Claims of non-receipt of order must be made within 24 hours of documented delivery time.
If a Customer claims not to have received an order, Smarty will contact the carrier to investigate this claim.
Smarty abides by the conclusion of the carrier’s investigation.
If the carrier confirms that the order was delivered to the correct address as stated in the tracking information, Smarty has no further responsibility in this matter and it is then up to You to work with the carrier to locate the package.

Post Delivery Order or Product Issues

If there’s a problem with a product shipped to or on behalf of User, it’s the User’s responsibility to notify Smarty and adhere to all return policies expressed in these Terms and Conditions, or in any purchase agreement entered into by the User.
Problems with Your order must be reported within three (3) days of receipt.
Smarty may request that Customer take photographs of items reported to arrive in damaged condition.
If a product is received by the User and it is considered an issue that requires Smarty to send a replacement as part of the resolution with a request that the product that was an issue be returned, the User has 2 calendar weeks to return the product or the new product shipped will be charged to the credit card used to make the original payment.
If the product is used for any commercial, business or re-sale purpose, we will not be liable to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Returns/Exchanges

To be accepted, returns of unopened products in mint condition must be received within 6 Months of delivery.
Free returns are for store credit only. In order to get a refund to your payment method please select that option on our return portal, And the system will provide you with the return cost.
All Return Merchandise Authorization (RMA) numbers must be clearly visible on the outside of the box(s) being returned.
Smarty will not accept any damaged goods for a refund.
We inspect all returns and reserve the right to deny or refuse a full refund based on the condition of the returned items.
Items that do not match the criteria above are subject to denial.
Only unopened merchandise will be accepted for a refund.
Due to health department regulations concerning unpackaged items, some serving accessories do not qualify for a refund, as stated on the item’s respective product page..
Original shipping charges are not refundable and shipping return fees are the responsibility of the User.
We are not responsible for any returned product that does not reach us or items returned by Customer that are received by Smarty in a damaged condition.
We recommend that when returning items, You choose to insure Your shipment for Your own protection.
Credit card or PayPal accounts will be refunded within fourteen (14) days of Smarty receiving qualifying return items.
However, Your bank may take up to thirty (30) days to refund Your account.
Exchanges are not offered; please order additional items separately from the original return.
If return(s) from that order reduce the original order total below the free shipping threshold, the customer is responsible for the outgoing freight cost that Smarty incurred on the original order.
In that circumstance, Smarty will deduct the outstanding freight balance from the customer’s refund.
Special and custom orders including customer orders placed direct with our Vendor for products discontinued by Smarty and available only from the Vendor are considered “Non-returnable”. Notice of non-returnable items will be made at time of purchase.

Disputes

Agreement to Arbitrate

Arbitrate Claims

In the unlikely event of a dispute between the Parties, for any reason whatsoever, User agrees to submit the dispute to binding arbitration. Notwithstanding the foregoing, any claims which can be resolved in small claims court, or require emergency equitable relief of the court, including but not limited to injunctions and temporary restraining orders, shall be exempted from arbitration and may be brought in court.
This Agreement concerns transactions involving commerce among the several states. All arbitral disputes shall be decided in accordance with the procedural laws of the Federal Arbitration Act. 9 U.S.C. §§ 1-16. Service of arbitration claims shall be acceptable if made by U.S. mail or overnight delivery to Smarty HQ.

Administrative Body

The arbitration shall be administered pursuant to the arbitration rules of the American Arbitration Association (AAA).
If the User seeks arbitration of a dispute, the User shall have the right to select which administrative body conducts the arbitration and the location.
If Smarty seeks to arbitrate a dispute, it must select an arbitrator within the jurisdiction where the User resides.
The rules of the forum selected by the claimant shall control, unless they are in conflict with some term in this Agreement, whereby the provisions herein shall control and supersede the rules of the forum.
All arbitration proceedings shall have only one arbitrator to be selected from a strike list provided by the forum to each party. The arbitrator will not have authority to award damages which a party does not request. The arbitrator only has authority to issue standard awards. Under no circumstances shall punitive, consequential, indirect and/or special damages be recoverable by any claimant against Smarty.
Hearings

A documentary hearing for all arbitration claims is agreed to by both parties.
Each party shall submit the dispute to the arbitrator by written briefs and affidavits, along with other relevant documents.
However, if either party requests oral hearings, they must submit a written request and explanation to the arbitrator within 60 days of service of the claim.
Smarty shall pay all costs associated with arbitration, other than User’s travel costs and reimbursement for time and expenses incurred by User in attending arbitration.
Discovery

Discovery permitted in any arbitration proceeding commenced hereunder is limited as follows.
No later than 90 days after service of the claim for arbitration, the parties will exchange detailed statements setting forth alleged facts and damages supporting their positions, and will also provide the arbitrator with a copy.
If there is an oral hearing it must take place no later than 180 days after service of the claim.
At least 30 days prior to the oral hearing, both parties must submit to each other and to the arbitrator a final list of all exhibits and all witness.
A summary of each witness’s testimony must also be attached.
No expert witnesses are permitted to testify at arbitration.

Costs

The filing fee of each claim shall be paid up front by the customer pursuing the claim.
However, if User pays for the filing fee, Smarty shall reimburse User within 60 days, if provided with a proper receipt.
All filing fees and arbitration costs associated with the arbitration shall be reimbursed by Smarty.
Under no circumstances shall attorney fees be awarded to either party.
However, if the customer causes Smarty to incur any costs, attorney fees, or any other expenses from defending a civil lawsuit in violation of this arbitration agreement, and Smarty prevails, User shall be liable to Smarty for its reasonable costs, expenses and attorney fees related to said lawsuit.

Confidentiality

All arbitration proceedings, including testimony or evidence at hearings, shall remain confidential.
Any award or order rendered by the arbitrator pursuant to these terms may be confirmed as a judgment or order in any state or federal court of competent jurisdiction, but must be entered under seal.

***These Terms and Conditions were last revised and/or updated on June 27, 2019