AGB

Terms of Service

Effective Date: September 23, 2026

Welcome to American Smart. These Terms of Service (“Terms,” “Agreement,” or “Terms of Service”) govern your access to and use of the American Smart website, online store, products, services, accounts, and related features (collectively, the “Service”).

The website and Service are operated by American Smart, LLC, a Colorado limited liability company (“American Smart,” “we,” “us,” or “our”).

By accessing our website, creating an account, placing an order, purchasing a product, or otherwise using the Service, you acknowledge that you have read, understood, and agree to these Terms and the policies incorporated into them.

If you do not agree to these Terms, please do not use the Service or place an order.

1. Eligibility and Use of the Website

You must be at least the age of majority in the jurisdiction where you reside to enter into a purchase agreement with American Smart, unless applicable law permits a minor to make the purchase with appropriate parental or guardian involvement.

You agree to use the website and Service only for lawful purposes and in accordance with these Terms.

You may not use the website:

  • For any unlawful or fraudulent purpose;
  • To violate any applicable federal, state, local, or international law or regulation;
  • To impersonate another person or entity;
  • To provide false, misleading, or fraudulent information;
  • To interfere with the operation or security of the website;
  • To introduce malware, viruses, or other harmful code;
  • To gain unauthorized access to accounts, systems, or data;
  • To scrape, crawl, harvest, copy, or systematically collect website content or customer information without our written authorization;
  • To circumvent security, fraud-prevention, access-control, or other technical measures;
  • To abuse promotions, discounts, referral programs, coupons, credits, or other offers; or
  • To engage in conduct that materially interferes with our ability to operate the Service.

We reserve the right to restrict or terminate access to the Service where reasonably necessary to protect American Smart, our customers, our systems, our business partners, or others, subject to applicable law.

2. Electronic Communications

When you visit our website, place an order, create an account, subscribe to communications, or communicate with us electronically, you consent to receive electronic communications from us relating to your transactions, account, orders, and use of the Service.

These communications may include order confirmations, shipping updates, customer-service communications, refund information, security notices, and other transactional messages.

You agree that electronic communications satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

Marketing communications may be subject to separate consent and unsubscribe requirements.

3. Website and Service Availability

We attempt to keep the website available and functioning properly, but we do not guarantee that the website or Service will always be:

  • Available or uninterrupted;
  • Error-free;
  • Secure;
  • Free of viruses or other harmful components;
  • Compatible with every device or browser; or
  • Accurate or complete at all times.

We may temporarily suspend, modify, restrict, or discontinue portions of the website or Service for maintenance, security, technical, business, or other legitimate reasons.

Nothing in this section limits any rights or remedies that cannot legally be excluded.

4. Product Information

We make reasonable efforts to provide accurate product descriptions, specifications, images, prices, availability information, and other product information.

However, manufacturers, distributors, fulfillment partners, and suppliers may periodically change:

  • Product packaging;
  • Labels;
  • Colors;
  • Dimensions;
  • Accessories;
  • Product appearance;
  • Model numbers;
  • Specifications;
  • Materials;
  • Instructions; or
  • Other product characteristics.

Product photographs may also vary from the actual product because of lighting, photography, manufacturing revisions, packaging changes, or differences between displays and physical products.

Minor variations that do not materially affect the product's essential characteristics do not necessarily constitute a product defect or fulfillment error.

Where a material discrepancy exists, the applicable rights and remedies are addressed in our Refund, Return & Cancellation Policy.

5. Product Availability

Products displayed on our website are subject to availability.

We reserve the right to:

  • Limit quantities;
  • Limit sales to particular geographic regions;
  • Limit purchases by customer, household, payment method, shipping address, or account;
  • Discontinue products;
  • Restrict certain products from particular locations;
  • Decline orders that cannot reasonably be fulfilled; and
  • Correct inventory or availability errors.

A product appearing on the website does not guarantee that it will remain available until checkout or that an order can ultimately be fulfilled.

6. Orders and Acceptance

Submitting an order constitutes an offer by the customer to purchase the selected products.

An order confirmation or order-received email confirms that we received your order request. It does not necessarily constitute final acceptance of the order or guarantee shipment.

American Smart may accept, reject, limit, or cancel an order, in whole or in part, for legitimate reasons including:

  • Product unavailability;
  • Pricing or listing errors;
  • Inventory discrepancies;
  • Shipping restrictions;
  • Payment problems;
  • Fraud or security concerns;
  • Duplicate or unusually large orders;
  • Suspected unauthorized transactions;
  • Violation of these Terms;
  • Regulatory or carrier restrictions;
  • Fulfillment limitations; or
  • Other circumstances that make fulfillment impracticable or inappropriate.

If we cancel an order after payment has been captured, we will issue any refund required by applicable law and our applicable policies.

7. Pricing and Pricing Errors

Prices are displayed in U.S. dollars unless otherwise stated.

Prices, promotions, discounts, availability, and product information may change.

We reserve the right to correct typographical, technical, pricing, inventory, promotional, or other errors.

If a product is listed at an incorrect price due to an error, we may, to the extent permitted by law, cancel the affected order and provide an appropriate refund where payment has already been collected.

We do not have an obligation to sell a product at an obviously erroneous price where applicable law permits correction or cancellation.

8. Taxes

Applicable sales, use, or other transaction taxes may be calculated and collected based on the shipping destination and applicable law.

Tax calculations may be performed by American Smart or by third-party payment, marketplace, or tax-service providers.

Customers are responsible for any taxes that are legally required to be paid by the customer but are not collected by American Smart.

9. Payment Authorization

By submitting an order, you represent that:

  • You are authorized to use the payment method provided;
  • The billing information provided is accurate;
  • The information submitted is complete and current; and
  • You authorize American Smart and its payment providers to process the applicable transaction.

Payments may be processed through third-party payment providers, including Shopify Payments and other payment or marketplace providers.

We do not generally receive or store complete payment-card information.

10. Fraud Prevention and Order Verification

American Smart may use third-party payment processors, fraud-detection systems, marketplaces, and other service providers to evaluate transactions.

An order may be reviewed when information associated with the transaction presents unusual or elevated payment, fraud, shipping, or fulfillment risk.

Where reasonably necessary, we may:

  • Request additional verification;
  • Delay fulfillment while an order is reviewed;
  • Limit an order;
  • Cancel an order;
  • Restrict certain payment methods; or
  • Take other reasonable measures to protect the customer and American Smart.

If an order is canceled following a fraud or security review, any refund will be handled in accordance with applicable law and our policies.

11. Shipping and Delivery

Shipping and delivery information is governed by our Shipping Policy.

Delivery estimates are estimates unless expressly stated otherwise.

Carrier delays, weather, customs, transportation disruptions, incorrect addresses, fulfillment delays, carrier scanning issues, and other circumstances may affect delivery times.

Customers are responsible for providing a complete and accurate delivery address.

Additional terms regarding delayed, lost, refused, returned, or undeliverable packages are contained in our Refund, Return & Cancellation Policy and Shipping Policy.

12. Address Changes

Customers are responsible for reviewing their billing and shipping information before completing checkout.

If you discover that an address is incorrect, contact us as soon as possible.

We will make reasonable efforts to accommodate an address-change request before fulfillment or shipment; however, we cannot guarantee that an address can be changed after processing has begun.

For security, fraud-prevention, payment-processing, carrier, or fulfillment reasons, American Smart may require an order to be canceled and a new order placed with the correct address.

Any resulting cancellation or refund will be handled under our Refund, Return & Cancellation Policy and applicable law.

13. Cancellations and Refunds

Orders may be subject to cancellation limitations once processing or fulfillment has begun.

Returns, refunds, partial refunds, cancellations, customer-requested address changes, refused deliveries, and related matters are governed by our:

Refund, Return & Cancellation Policy

The Refund Policy is incorporated into these Terms by reference.

If there is a conflict between these Terms and the Refund Policy regarding a specific refund or return procedure, the more specific provision will generally control for that transaction, subject to applicable law.

14. Third-Party Fees and Customer-Initiated Cancellations

American Smart may incur non-refundable third-party costs when processing an order.

These may include payment-processing fees, marketplace fees, advertising-related charges, fulfillment fees, shipping costs, or other transaction-specific charges.

Where permitted by applicable law, and where such costs are actually incurred and reasonably attributable to a customer-initiated cancellation, return, address-change cancellation, or similar request, American Smart may deduct applicable non-refundable costs from an otherwise available refund.

No deduction will be made where applicable law requires a full refund.

The detailed treatment of these costs is provided in our Refund, Return & Cancellation Policy.

15. Third-Party Fulfillment Providers

American Smart may use third-party warehouses, manufacturers, distributors, logistics companies, dropshippers, carriers, and other fulfillment providers to process and deliver orders.

This may result in:

  • Shipping from a location other than American Smart's business address;
  • Different return addresses;
  • Different carrier services;
  • Multiple shipments for a single order;
  • Separate tracking numbers;
  • Manufacturer or distributor packaging; or
  • Other fulfillment arrangements.

The use of a third-party fulfillment provider does not change the customer's contractual relationship with American Smart for purchases made directly through our website.

Customers should follow the return instructions specifically provided by American Smart rather than returning merchandise to an address shown on the original package unless instructed otherwise.

16. Third-Party Services and Links

Our website may contain links, integrations, applications, payment services, marketplaces, social-media features, or other services provided by third parties.

Third-party services may be governed by their own terms and privacy policies.

American Smart is not responsible for the independent operation, availability, security, policies, or practices of third-party services, except to the extent liability cannot legally be excluded.

Your use of a third-party service is at your own discretion and subject to the applicable third party's terms.

17. Intellectual Property

Unless otherwise indicated, the website and its content—including text, graphics, logos, photographs, product descriptions, designs, videos, software, layout, and other materials—are owned by or licensed to American Smart and are protected by applicable intellectual-property laws.

You may access and use website content for personal, non-commercial shopping purposes.

You may not, without our prior written authorization:

  • Copy substantial portions of the website;
  • Reproduce or republish our content;
  • Modify or create derivative works;
  • Sell or commercially exploit our content;
  • Remove proprietary notices;
  • Use our trademarks or branding in a misleading manner;
  • Scrape or systematically collect website content; or
  • Use our content to create a competing commercial catalog or service.

Nothing in these Terms grants you ownership of American Smart intellectual property.

18. Trademarks

American Smart, our names, logos, slogans, trade dress, and other identifying marks are trademarks or trade names of American Smart or their respective owners.

Third-party trademarks displayed on the website belong to their respective owners.

Nothing on the website grants a license to use any trademark without appropriate authorization.

19. User Content, Reviews, and Feedback

You may have opportunities to submit reviews, ratings, photographs, comments, questions, suggestions, or other content (“User Content”).

You remain responsible for the User Content you submit.

You represent that your User Content:

  • Is truthful and based on your actual experience where it purports to describe an experience;
  • Does not knowingly contain materially false or misleading information;
  • Does not infringe another person's intellectual-property or privacy rights;
  • Does not contain unlawful threats or harassment;
  • Does not contain malicious software; and
  • Does not violate applicable law.

American Smart may moderate, remove, or decline to publish User Content that violates applicable law, platform rules, these Terms, or reasonable content standards.

We do not require you to provide a positive review and do not condition a refund, discount, replacement, or other benefit on a particular review sentiment.

Nothing in these Terms prohibits or penalizes an honest consumer review.

20. License to Voluntarily Submitted Content

To the extent permitted by law, when you voluntarily submit User Content for publication or use by American Smart, you grant American Smart a non-exclusive, worldwide, royalty-free license to reproduce, display, publish, distribute, and otherwise use that content in connection with operating, marketing, and improving our business and Service.

This license does not require you to surrender ownership of your content.

We will not knowingly use your User Content in a manner that falsely represents that you endorse a product or service beyond what your submission reasonably indicates.

21. Prohibited Conduct and Fraudulent Activity

You may not use the website or Service to:

  • Commit fraud;
  • Use an unauthorized payment method;
  • Impersonate another person;
  • Submit false information;
  • Manipulate promotions or discounts;
  • Abuse coupons or store credits;
  • Create multiple accounts to circumvent restrictions;
  • Submit fraudulent non-delivery, damage, defect, or return claims;
  • Return merchandise other than the merchandise purchased;
  • Submit false evidence in a payment dispute;
  • Attempt to obtain duplicate refunds;
  • Circumvent fraud-prevention systems;
  • Interfere with our systems;
  • Attempt unauthorized access to another account;
  • Introduce malicious code;
  • Scrape or harvest customer data;
  • Engage in unlawful activity; or
  • Otherwise abuse the Service.

Where permitted by law, American Smart may take reasonable action to investigate and address suspected fraud or abuse.

22. Chargebacks and Payment Disputes

If you believe there is a problem with an order or transaction, we encourage you to contact American Smart before initiating a payment dispute so that we have an opportunity to investigate and resolve the matter.

Nothing in this section prevents you from exercising rights provided by applicable law or the rules of your payment network.

If you initiate a chargeback or payment dispute, American Smart may submit relevant documentation to the applicable payment processor, card network, bank, marketplace, or other dispute-resolution provider.

Such documentation may include:

  • Order information;
  • Payment records;
  • Customer communications;
  • Product information;
  • Shipping records;
  • Tracking information;
  • Delivery confirmation;
  • Return instructions;
  • Refund records;
  • Photographs;
  • Fraud-screening information; and
  • Other transaction-related evidence.

A chargeback does not automatically establish that the customer is entitled to a refund.

If American Smart has already issued a refund, we may provide evidence of the refund to the applicable payment provider.

23. Duplicate Recoveries

You agree not to obtain duplicate reimbursement for the same transaction through multiple channels.

For example, a customer should not receive a refund from American Smart and also retain a payment-dispute recovery for the same amount and transaction.

If duplicate reimbursement occurs, American Smart may seek recovery of the duplicate amount to the extent permitted by law.

24. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

AMERICAN SMART DOES NOT GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMERICAN SMART DISCLAIMS IMPLIED WARRANTIES THAT MAY OTHERWISE APPLY TO THE WEBSITE OR SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THIS SECTION DOES NOT EXCLUDE OR LIMIT ANY WARRANTY OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED OR LIMITED.

Certain products may also be subject to manufacturer warranties or other warranties expressly provided with the product.

25. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMERICAN SMART AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, AND FULFILLMENT PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, SERVICE, OR PRODUCTS, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMERICAN SMART'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO A PARTICULAR PURCHASE OR CLAIM WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE CUSTOMER TO AMERICAN SMART FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED, INCLUDING ANY LIABILITY THAT APPLICABLE LAW PROHIBITS US FROM DISCLAIMING.

26. Product-Specific Safety and Regulatory Information

Certain products sold through American Smart may be subject to manufacturer instructions, safety warnings, regulatory requirements, age restrictions, usage limitations, or other product-specific requirements.

Customers are responsible for reading and following applicable product instructions and safety warnings.

Nothing in these Terms limits American Smart's obligations under applicable product-safety or consumer-protection laws.

27. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless American Smart, its owners, officers, employees, agents, affiliates, contractors, and service providers from third-party claims, liabilities, damages, losses, and reasonable costs arising directly from:

  • Your material violation of these Terms;
  • Your unlawful use of the Service;
  • Your fraudulent activity;
  • Your infringement of another person's intellectual-property rights; or
  • Your intentional or materially wrongful conduct.

This section does not require you to indemnify American Smart for American Smart's own conduct to the extent such indemnification is prohibited by law.

28. Privacy

Your use of the website is also subject to our Privacy Policy.

Our Privacy Policy explains how we collect, use, disclose, retain, and otherwise process personal information.

The Privacy Policy is incorporated into these Terms by reference.

29. Accessibility

We strive to make our website accessible and usable by as many customers as reasonably possible.

If you encounter an accessibility issue, please contact us so that we can investigate and, where reasonably practicable, assist you.

30. No Waiver

If American Smart does not immediately enforce a provision of these Terms, that does not constitute a waiver of our right to enforce that provision later.

A waiver must be made in writing by an authorized representative of American Smart to be effective.

31. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

Where permitted, an invalid or unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intended purpose.

32. Entire Agreement

These Terms, together with the policies and documents expressly incorporated by reference, constitute the agreement between you and American Smart concerning your use of the Service and purchases made through the website.

These incorporated policies include, as applicable:

  • Refund, Return & Cancellation Policy;
  • Shipping Policy;
  • Privacy Policy;
  • Wholesale Terms;
  • Promotional terms;
  • Product-specific terms; and
  • Other policies or terms expressly presented to you at the time of purchase.

These Terms supersede prior versions of the Terms of Service relating to the same subject matter, except where otherwise required by law.

33. Order of Precedence

If different terms apply to a particular transaction, the following order generally applies:

  1. Mandatory rights and requirements under applicable law;
  2. Specific written terms expressly agreed for the transaction;
  3. Product-specific terms disclosed before purchase;
  4. Applicable promotional terms;
  5. Refund, Return & Cancellation Policy;
  6. Shipping Policy;
  7. Privacy Policy, for privacy-related matters; and
  8. These Terms of Service.

Nothing in this section is intended to waive any non-waivable legal right.

34. Governing Law

These Terms and transactions between you and American Smart will be governed by the laws of the State of Colorado, without regard to conflict-of-law principles, except to the extent that applicable federal law or mandatory consumer-protection law of another jurisdiction applies.

Mandatory consumer rights that cannot lawfully be waived or displaced by a choice-of-law provision remain unaffected.

35. Dispute Resolution

Before initiating formal legal proceedings concerning a transaction, the parties are encouraged to first attempt in good faith to resolve the dispute directly through American Smart's customer-support process.

A customer may contact:

info@american-smart.com

Nothing in this section prevents a customer from exercising a non-waivable statutory right, filing a complaint with an appropriate governmental agency, or using a dispute-resolution process that cannot lawfully be waived.

Any arbitration provision, class-action waiver, or other alternative dispute-resolution provision that American Smart may adopt in the future will be effective only if separately presented and drafted in compliance with applicable law.

36. Limitation on Time to Bring Certain Claims

To the maximum extent permitted by applicable law, any claim arising out of or relating to the website, Service, or a purchase must be brought within the period permitted by applicable law.

Nothing in this provision shortens a statute of limitations where such shortening is prohibited or restricted by applicable law.

37. Changes to These Terms

We may update these Terms from time to time.

When material changes are made, we may provide notice through the website or other reasonable means where appropriate.

The version of the Terms applicable to an order will generally be the version in effect when the order was placed, unless a later change is required by law or expressly applies to an ongoing relationship.

Your continued use of the website after updated Terms become effective constitutes acceptance of the updated Terms for future use.

38. No Third-Party Beneficiaries

Except where expressly stated otherwise, these Terms do not create rights for persons or entities who are not parties to the agreement.

39. Survival

Provisions that by their nature should survive termination or completion of a transaction will survive, including provisions concerning intellectual property, payment obligations, dispute resolution, limitations of liability, indemnification, governing law, and any other obligations that by their nature should continue.

40. Contact Information

Questions regarding these Terms of Service may be sent to:

American Smart, LLC
Email: info@american-smart.com
Phone: (+1) 720-372-3724
Aurora, Colorado 80017, USA

For customer-service matters, please include your order number when applicable.

Last Updated: September 23, 2026