This Terms and Conditions of Use Agreement (“Agreement”) is a legal agreement between CopperSmith, a Minnesota corporation whose notice address is contained below and/or any of its affiliates (“Company”) and each user who has completed the registration process, provided information and/or is using the Company’s website (“User”) located at the domain name https://www.worldcoppersmith.com (“Website”). If User does not agree to these terms, do not use the services provided by this Website.
By using this Website; visiting or shopping with the Company; or utilizing any service or business offered by the Company, including, but not limited to gift cards, you accept these conditions. Please read them carefully.
PAYMENT OF FEES
User represents and warrants that User owns or otherwise controls all of the rights to the User Data; that the User Data is accurate; that use of the User Data does not violate this policy and will not cause injury to any person or entity; and that User will indemnify Company for all claims related to the User Data. By including an email address to Company, User consents to receive electronic communications from the Company. Company will communicate with User by e‐mail or by posting notices on this Website. User agrees that all agreements, notices, disclosures and other communications that Company provides to User electronically, satisfies any legal requirement that such communications be in writing. User further agrees that by supplying the User’s e‐mail to the Company, User consents to receiving e‐mail communication from the Company.
User’s use of the Website is subject to all applicable laws and regulations. User agrees not to upload, share, post, or otherwise distribute or facilitate distribution of Content (defined below) that is, or is used, in a manner that is “Objectionable,” including, without limitation, displaying any Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties, consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam,” includes a false e‐mail address, impersonates any person or entity or otherwise misleads as to the origin of a card or other content. The Company reserves the right, but not the obligation, to remove or edit such content, but does not regularly review posted content. INTELLECTUAL PROPERTY “Content” is defined as including, without limitation, information, content, design, compilation, magnetic translation, digital conversion organization, communications, software, photos, video, graphics, music, sounds and other material and services that relate to the Website or that can be viewed by Users on the Website including, without limitation, message boards, chat, other original content, text, communications, software, images, sounds, data, User Data, Registration Data or other information.
User is granted a nonexclusive revocable limited license to access and make personal use of the Website and not to download (other than page caching), except with express written consent of Company. User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. User may not use any Company logo or other proprietary graphic or trademark as part of the link without Company’s express written permission. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Notwithstanding the foregoing, User may not copy, commercialize, reproduce, modify, republish, upload, post, transmit, or distribute any of the Content from the Website in any form or by any means without prior written permission from Company or the specific content provider. User may not frame or utilize framing techniques to enclose any Intellectual Property Rights of Company without express written consent of Company. User may not use any meta tags or any other “hidden text” using Intellectual Property Rights without the express written consent of Company. User does not acquire ownership rights to any Content. Any unauthorized use of the Content is strictly prohibited and is a violation of the Company’s Intellectual Property Rights that may result in criminal or civil penalties and immediately terminates the permission or license granted by Company. Neither Company nor the Affiliates warrant or represent that User’s use of the Content or any other materials displayed on, or obtained through, the Website will not infringe the rights of third parties.
USE OF MATERIALS
User acknowledges the value of both the Company’s Intellectual Property Rights and the intellectual property rights of others. If at any time the User believes its copyright, trademark or other property rights have been infringed by a posting on the Website, the User shall immediately send a notification to the Company’s “Designated Agent” that is identified below.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), the Company’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated. Designated Agent for Claimed Infringement: CopperSmith Corporation, Ryan Grambart, 40 South 7th Street, Suite 212 – 202, Minneapolis Minnesota 55402 (888) 431-4677. User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, Company may immediately remove the identified materials from the Website without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Most product orders placed with Company are delivered via FedEx, UPS and USPS, within four (4) business days to two (2) weeks of ordering product. Back and custom orders can take up to eleven (11) weeks depending on the type of product ordered. Free shipping on all orders over $100 via standard shipping. CopperSmith is NOT responsible for any and every additional shipping charge and fee thereafter. Any additional shipping charges and fees will be the responsibility of the customer. Shipping charges are subject to change without prior notification to User.
RISK OF LOSS
All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to User upon our delivery to the carrier.
The Company attempts to be as accurate as possible. However, Company does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error‐free. If a product offered by Company itself is not as described, User’s sole remedy is to return the product in unused condition.
THIRD PARTY SITES AND INFORMATION
The Website may link User to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under the Company’s control, and User acknowledges that Company is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites nor is Company responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference does not imply endorsement of, or association with, the site or party by Company.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. USER EXPRESSLY AGREES THAT THE USER’S USE OF THIS WEBSITE IS AT USER’S SOLE RISK. O THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE; THE SERVERS; OR E‐MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Through User’s use of the Website, User may have the opportunities to engage in commercial transactions with other users and vendors. User acknowledges that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and User. COMPANY MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE, AND USER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT USER’S OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CONTENT, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE IS PROVIDED SOLELY BY SUCH THIRD PARTY OR THROUGH A SEPARATE ACKNOWLEDGEMENT. COMPANY DOES NOT INCLUDE ANY EXPRESS PRODUCT WARRANTY WITHIN THIS AGREEMENT. RELATED DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY SITE REFERENCED OR LINKED TO FROM THE WEBSITE. FURTHER, COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE INCLUDING, WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
TERMINATION OF USE
SHIPPING & RETURNS
Free shipping on all orders over $100 via standard shipping. CopperSmith is NOT responsible for any and every additional shipping charge and fee thereafter. Any additional shipping charges and fees will be the responsibility of the customer.
WHAT PRODUCTS ARE ELIGIBLE FOR RETURN?
CopperSmith accepts returns on in-stock items only. Custom and made-to-order products are non-returnable and non-refundable. A 24-hour cancellation window is available for all orders. After the 24-hour window, the order will be considered a final sale.
WHICH PRODUCTS ARE CONSIDERED NON-RETURNABLE MERCHANDISE?
- Custom or made-to-order products of any kind
- Any item that has been altered or installed
- Any item that is not in resellable condition
- Any item that is not in its original packaging
- Any item without prior return authorization
PLEASE NOTE that copper products are fabricated from natural elements and are therefore subject to imperfections and/or inconsistencies in color, texture, and patina. Variations are normal and should be expected. Variations are not considered defects and are not eligible for return.
HOW LONG DO I HAVE TO RETURN MY PRODUCTS?
If you are not satisfied with your order, we will accept a return up to 15 business days from the receipt of goods. Please note that all return requests must be completed within this 15 days period. Under no circumstances will merchandise be accepted for return after 15 days of the delivery date. Therefore, we ask that you check your order immediately upon receipt.
HOW DO I RETURN MY PRODUCTS?
All returns must be authorized prior to shipping. To request a return, please email us at firstname.lastname@example.org and our customer service team will assist you with a return authorization.
PLEASE NOTE that returned products must include all original documentation, parts and associated pieces, and must be returned in new condition, with no missing hardware. All items must be returned in their original packaging, or the return will not be accepted. We cannot, under any circumstance accept returns that have been installed.
WHO PAYS FOR RETURN SHIPPING?
The customer is responsible for all return shipping charges, with the exception of returns due to damage or product defects. CopperSmith offers two return options:
Option 1: CopperSmith will provide the return shipping label, insurance, and tracking, along with the return authorization number. The cost of this label will be deducted from the final return.
Option 2: Customer arranges and pays all shipping costs back to an authorized CopperSmith return location. The customer is responsible for shipment insurance and for providing proof of return tracking on the package.
HOW DO I GET A REFUND?
Refunds will be issued upon inspection of the returned product and are automatically adjusted for any restocking fees or shipping charges. A minimum 10% restocking fee applies to all returns. Any items returned without authorization, returned to the incorrect location, or returned in a damaged or unsaleable condition are subject to additional fees that will be deducted from your final refund.Per inspection, as long as the product is found in new condition and received in its original packaging, you will be issued the refund you are due, less any applicable fees or handling charges. If a returned product is determined to be in damaged or unsaleable condition, it will be subject to additional fees being deducted from the credit, or the credit may be denied completely. Please allow 2-3 business days for the refund to appear on your account.
MY PRODUCT ARRIVED DAMAGED. WHAT DO I DO?
It is imperative that you inspect your package for damage before signing the delivery receipt or proof of delivery. You must note any damages, defects or shortages with the driver or shipping company at the time of delivery. If the outer package is damaged in transit, or if your shipment is missing pieces, you may refuse the delivery, or you MUST SIGN THE DELIVERY RECEIPT AS DAMAGED OR INCOMPLETE. If you have received a damaged or incorrect product without external packaging damage, or if your order is incomplete upon opening, please contact us so that we may assist you immediately.
In the event that an item has been damaged in transit, we will do everything we can to resolve the matter immediately. When items are shipped by UPS, FedEx, or DHL, we must contact them within 48 hours to ensure a quick resolution. Please note that photos are required to process most damage claims and we may be unable to process your request without photos. Take digital photos of the damaged item and packaging for your records, and e-mail a copy to email@example.com.
If you have any questions concerning your order or delivery, or if you encounter damage to your products, please call us directly at 1-888-431-4677.
CopperSmith offers a 1-year limited warranty against manufacturer defects including, mechanical malfunctions, leaking, structural damage, finishes, welds and basin slopes. All products must be inspected for warranty or defects prior to installation. If a defect is found, CopperSmith® will, at its election, repair, replace or make appropriate adjustments to the warranted product.
Normal wear and tear or damage from daily use are not warranted. Copper, bronze, and nickel products can be expected to naturally change over time with normal use. Products are fabricated from natural elements and are therefore subject to imperfections and/or inconsistencies, or variances in color, texture, and patina, which are not covered under our warranty. Other exclusions include damages incurred as a result of installation, misuse or abuse of the product, replacement or repair, alteration of product, and damages due to improper cleaning or neglect.
CopperSmith warranty claims cover the product only and do not cover the following: product modifications by the client or installer, expedited shipping or production costs, installation costs resulting from the removal of the defective product, or reinstallation costs of a replacement.
If you would like to make a warranty claim, please contact us directly by email at firstname.lastname@example.org or by phone at 1-888-431-4677.