Terms and Conditions

  1. eSmart can only accept orders from authorized customers that have provided a valid resale number, business license, and other required documentation. To become an authorized customer, please contact our customer service department toll free at (626) 988-5815. The terms and conditions specified herein and on any invoices issued by eSmart are exclusive and controlling. Any additional or conflicting terms or conditions contained in any order placed by any customer are void.
  2. For international delivery outside the United States, you are considered as the importer of record and must comply with all applicable laws and regulations in your country. Charges for duties, taxes and the carrier’s collection fee are in addition to your shipping charge and must be borne by you.
  3. All invoices will include a 1% handling charge up to a $15 maximum per order shipped, which will typically be included in either the freight or the shipping and handling line.
  4. Orders will be made available for pick up at will call upon request. All will call orders are subject to an additional $25 processing fee. Any order not picked up within 72 hours will be shipped via UPS ground at Customer’s expense. If the shipment is refused or returned, Customer will be charged both the freight and a 15% restocking fee. During peak season eSmart may reduce will call hours and it reserves the right to suspend will call at any time. Please call customer service to find out when you may pick up your order.
  5. All returns are subject to the eSmart Return Policy, which is incorporated herein by reference. Please contact customer service or visit eSmart ’s website to obtain a copy of the Return Policy.
  6. If any Merchandise is not in stock at the time an order is shipped, that portion of the order will be automatically cancelled unless otherwise requested. Customers seeking back orders must specify a cancellation date when placing their purchase order.
  7. eSmart goods are subject to territorial restrictions. eSmart has exclusive distribution arrangements in many countries and its products may only be distributed in those countries by eSmart’s authorized distributors. A list of international distributors is available on the eSmart website or by contacting the customer service department. eSmart reserves the right to revoke discounts or refuse to sell to customers who violate these restrictions.
  8. eSmart grants its customers a limited license to use eSmart ‘s photographs and other promotional material (hereinafter “Materials”), subject to the terms of the Image Release agreement, which is incorporated herein by reference. You may not use eSmart’s Materials for any purpose unless you agree to the terms of the Image Release and provide a signed copy of it to eSmart . Use of eSmart ‘s Materials on auction websites, such as eBay.com, is strictly prohibited. Please contact customer service or visit eSmart ‘s website to obtain a copy of the Image Release.
  9. Prices and specifications are subject to change without prior notice. Delivery dates are approximate and not guaranteed. Full risk of loss and title passes to Customer at the time merchandise leaves eSmart ’s warehouse or eSmart delivers the merchandise to a carrier, whichever is earlier. International customers are responsible for arranging for their own freight forwarder. If any shipment is returned as undelivered by the package carrier, Customer will be solely responsible for any reshipment costs, even if the original shipping was free.
  10. This Agreement is governed by the laws of the State of California, without giving effect to its conflict-of-law provisions. Any dispute shall be under the exclusive jurisdiction of and venue in the state or federal courts located in Los Angeles County, California. The terms of the United Nations Convention on Contracts for the International Sale of Goods are inapplicable. In no event shall eSmart be liable for coincidental or consequential damages, regardless of whether such damages were foreseeable. In any action or proceeding to collect on unpaid invoices, the prevailing party shall be entitled to recover its reasonable costs, including attorneys’ fees.