Terms and Conditions
 

The following terms and conditions form a contract between you and SMS Auto Parts, Co. (also referred to as “SMS Auto Parts, Co.,” “SMS," “we,” “us,” and “our”) and includes all parent companies, affiliates, and related companies.  These Terms, which include any additional terms, conditions, and policies referenced herein—along with SMS Auto Parts, Co.’s Privacy Policy and Returns and Refund Policy—govern your use of our services, which encompass our website (www.smsparts.com) and the tools, content, features, and services provided through it (collectively, the “Site”).
 

By creating an account with SMS Auto Parts, Co. or using our Services, you confirm that you have read, understood, and agree to these Terms, and that you will comply with all applicable laws and regulations. These Terms apply to all Site users, including but not limited to browsers, vendors, customers, merchants, and content contributors.
If you do not agree to these Terms in their entirety, you may not access the Site or use any of the Services.
Overview
 

For the purposes of these Terms, “Design” refers to any file, design, or other physical or digital item submitted to SMS Auto Parts, Co. via the website, email, or other methods for use with our Services. You may only submit Designs for which you hold the necessary rights. For instance, even if you created a Design, you might not have the rights to use it if those rights have been granted exclusively to someone else, such as your employer or a client who commissioned the Design.
 

We reserve the right to deny access to the Site or any of its features, and/or to any or all of our Services, for the following reasons: 1) if you violate these Terms; 2) if, in our sole discretion, you disrupt others’ ability to enjoy our website; 3) if you infringe on the rights of others; or 4) for any reason that could potentially harm our business reputation or community.
 

Certain services may be available on an invite-only basis until we decide they are ready for a wider audience. Just like with our general Services, access to specific services is not guaranteed based on access to other services.
Any new features or tools added to the website will also be governed by these Terms. We may update, change, or replace any part of these Terms by posting modifications on our website. It is your responsibility to review this page periodically for changes. Continued use of or access to the website after changes are posted signifies your acceptance of those changes.
Services and Accounts
 

The SMS Auto Parts, Co. Services allow you to request a quote, after which, subject to our approval, you can: upload a Design to our website; send us a physical template or drawing featuring your Design; place an order incorporating your Design or that of another person through our Marketplace service; and/or make your Design available through our Marketplace service, also subject to our approval.
We will manufacture the items you order according to these Terms and ship them to the address provided in your order. Local pickup may be available on a case-by-case basis.
 

By accepting these Terms, you confirm that you are at least 18 years old, or that you are 18 and have consented to allow any minor dependents of yours to use the Site and its Services. We reserve the right to modify the eligibility criteria for our Services and to refuse service to anyone at our discretion.
You may not use our products for any illegal or unauthorized purposes, nor should you violate any applicable laws, including copyright laws, while using our Services. A breach of these Terms may lead to immediate termination of your Services.
 

To use our Services, you must create an Account on our Site. You are responsible for providing and maintaining accurate and up-to-date information for your account and for making necessary updates.
You are solely responsible for all activity related to your account and must keep your username and password confidential. SMS Auto Parts, Co. is not liable for any loss or damage resulting from your failure to secure your account. You may delete your account at any time by contacting support@smsparts.com.
Design Services
 

Through our Design Services, we create a digital file (the "Design File") based on the Design you submit to us, either as a drawing or a physical template. While you retain the rights to your original Design, we hold the rights to the Design File. This file will be used solely to fulfill orders based on your Design. We may keep an archive of the Design File as a courtesy, but we are under no obligation to maintain, update, or retain it beyond the initial order. You agree that we are not responsible for returning any materials—such as drawings, cardboard templates, or other physical items—that you provide to us.
 

Marketplace
 

The Marketplace service enables designers to sell parts based on their Designs, which we manufacture, directly to end customers. Currently, this service is available on an invite-only basis to allow us to develop and refine the necessary infrastructure and systems for broader availability in the future.
 

As detailed further below, when we manufacture a product based on a Design—whether for the designer or a third party—we do not make any representations or guarantees about the product or Design. By using our services, you agree that we are selling your items “as-is” and make no warranties regarding the product’s suitability for any specific use.
Personal Information
 

The submission of your personal information when using SMS Auto Parts, Co. Accounts and Services is regulated by our Privacy Policy.
 

INTELLECTUAL PROPERTY RIGHTS
 

If you submit a design and you are the designer, you have ownership of the intellectual property rights to your designs. We will never sell, distribute, or publish your design for profit without your permission. Before uploading a design to the site, you must ensure that it is your original work, or that you have explicit permission from the third party or entity that owns the rights to the design.
 

We reserve the right to delay or cancel an order if we suspect that a user is uploading a copyrighted design without proper authorization. Additionally, we may cancel a user account if there are repeated violations involving copyrighted designs or other infringements on third-party rights.
 

By uploading your file to the site, you grant SMS Auto Parts, Co. permission to use your design for manufacturing your parts to complete your order. Occasionally, we may ask for your permission to feature your design on our website, social media accounts, or in our advertising.
 

SMS Auto Parts, Co. welcomes any suggestions, ideas, feedback, bug reports, or other information you provide ("Feedback"). By providing Feedback, you grant us a worldwide, royalty-free, irrevocable, perpetual license to use, exploit, and incorporate it into our services.
 

Design Policy
 

Before sending any order, please ensure that your design complies with all the requirements outlined in our Design Policy. Uploading stolen, trademarked, inappropriate, or illegal content may result in the cancellation of your order.
By providing your design to SMS Auto Parts, Co., you certify that it:

• Does not violate any local, state, or federal laws or regulations;

• or pornographic materials or images;Does not contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive,

• Does not infringe upon any intellectual property rights, including but not limited to patents, trademarks, company brands, team logos, etc.;

• Is not intended for the distribution of illegal drugs or controlled substances; and,

• Is not intended to be used as an illegal weapon, firearm, or firearm accessory (e.g., "brass knuckles," firearm parts, etc.)

 

We will contact you via email within 72 hours of receiving your order if we have any concerns about the content of your design.
 

SMS Auto Parts, Co. reserves the right to refuse or cancel any order at any time, and you will be notified by email if we choose to do so.
 

If we determine that your design does not comply with the SMS Auto Parts, Co. Design Policy before production begins, we reserve the right to cancel your order and issue a refund. However, if we find that your design violates the policy after production has started, we reserve the right to cancel your order, and you may not be eligible for a refund.
 

ORDERING PROCESS AND SHIPPING
 

Ordering:

To place your order with SMS Auto Parts, Co., you'll need to create an SMS Auto Parts, Co. account. If you plan to upload a design, it is your responsibility to thoroughly read and understand the SMS Auto Parts, Co. Design Guide before submitting your file. You are accountable for ensuring the quality of your design, submitting the correct file type, and selecting the appropriate sizing and materials. If we identify any issues with your design, we will contact you via email. Our responsibility is limited to manufacturing parts that meet the specifications of your design and material choices. We do not guarantee that the parts will be suitable for any particular purpose.
 

Whether your order is based on your own design or a design provided by someone else on our site, you agree to use any product you order solely for its intended purpose and in compliance with these Terms. The product may not be used for any other purposes, including any unauthorized or illegal activities.
After completing your order, you will receive a confirmation email. Please review it carefully and contact us at support@smsparts.com immediately if there are any errors. While we will do our best to accommodate any changes to your order, once your design has entered production, it may not be possible to alter the design, size, materials, or quantity of parts due to our rapid manufacturing processes.
 

We are able to process and ship orders within the United States, Mexico, Canada, and most of Europe.
 

Pricing and Payment:
 

All standard order pricing is available on our website and includes the cost of materials, labor, and shipping. Sales tax will be automatically applied as required by local laws, and additional shipping fees may apply for orders outside of the United States.
 

For custom orders and sizes, we will provide pricing via email, which may include additional shipping charges. Shipping costs are determined based on the size, weight, and destination of your order. We ship to locations within the 50 United States, Mexico, Canada, and most of Europe.  All custom orders require a minimum of 50% deposit before any work commences. 
 

We reserve the right to modify our prices at any time in response to changes in raw material and commodity costs.

 

However, any price adjustments will not impact orders that are already completed or in progress.
 

When applying coupon offers or codes, it is your responsibility to understand and comply with the applicable terms and conditions. Misuse of coupons or codes may result in the cancellation of your order and could lead to the termination of your SMS Auto Parts, Co. account.  For example, two discounts can never be added (or applied) together.
 

Our website accepts Visa, Mastercard, American Express, Discover, and PayPal as payment methods. You are responsible for ensuring that all the information you provide during the ordering process is accurate, complete, and up-to-date. Please promptly update your account information, including your email address and credit card details, to ensure smooth transaction processing and communication.
 

If you believe there has been a mistake in the charges to your payment method, please contact us at support@smsparts.com within 30 days of placing your order so we can investigate. We will notify you of our findings within three (3) business days. If an error on our part is identified, we will either credit your original payment method or provide SMS Auto Parts, Co. store credit, which may take up to 30 days to appear on your account.
 

Shipping:

We will send your order to the address provided at checkout. Once your items are manufactured, packaged, and a shipping label is generated, you will receive an email with tracking information. You can also track your order through your account on smsparts.com. While we strive to deliver your parts as quickly as possible, we are not responsible for delays after the package has shipped, nor are we liable for any damage or costs caused by shipping delays. However, we will do our best to resolve any issues with damaged or lost parts. Title and risk of loss are transferred to you once the goods are handed over to the shipping carrier.
 

Cancellations and Refunds
Cancellations: Once your order has entered production (typically within 4 hours of placing it), cancellations are not possible. However, we may offer account credit or discounts at our sole discretion.
 

Returns and Refunds:

Due to the custom nature of your parts, returns and refunds are handled on a case-by-case basis. Please inspect your parts carefully upon delivery. While we strive for high-quality control, if you encounter any issues with your parts, contact us within 10 days of receiving your shipment. Support responses may take up to 72 hours. You may be asked to provide photographs and/or a detailed description of the defect.
 

Please do not return your parts to SMS Auto Parts, Co. unless specifically requested and granted an RGA (Return Goods Authorization). If a return is necessary, you may be responsible for covering the return shipping costs.
 

The following are acceptable reasons for requesting a refund:

• The delivered part(s) do not materially match what was ordered.

• There are errors or defects caused by the machine cuts or laser cuts.

• The part(s) were damaged during shipping.

The following are unacceptable reasons for requesting a refund:
Errors related to the design you submitted, such as style, sizing, materials, or intended use.

• You are dissatisfied with the finished design.

• You changed your mind and/or no longer need or want the part(s).

• The part is not cosmetically perfect.

• Your design did not follow our recommendations, resulting in undesirable parts.

 

Once we receive your refund request, we will review and process it, informing you of our decision via email within 72 hours. We reserve the right to refuse any refund request. If your refund is approved, we will issue a credit to your original payment method or provide SMS Auto Parts, Co. store credit within 10 days.
If we do not hear from you within 10 days of delivery, we will assume that the parts meet your specifications.
Use of the SMS Auto Parts, Co. Website
 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, its use, access to it, or any contact on the website through which the Service is provided, without our express written permission.
 

Third Party Links

 

Certain content, products, and services available through our Service may include materials from third parties. Links to third-party websites on this site may direct you to websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of these third-party materials or websites, and we disclaim all liability for any third-party materials, websites, or their associated products and services.
 

We are not liable for any harm or damages arising from the purchase or use of goods, services, resources, content, or other transactions related to third-party websites. Please carefully review the policies and practices of any third parties and ensure you understand them before making any transactions. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party in question.
 

Errors, Inaccuracies and Omissions 
Occasionally, our site or Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to update or change information, including canceling orders, if any information on the Service or related websites is found to be inaccurate, without prior notice (including after you have placed your order).
 

We are not obligated to update, amend, or clarify information on the Service or related websites, including pricing information, except as required by law. The absence of a specified update or refresh date should not be interpreted to mean that all information on the Service or related websites has been modified or updated.
Disclaimer of Warranties: Limitation of Liability
 

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. We are not liable for any failure to perform our obligations if such failure results from causes beyond our reasonable control, including mechanical, electronic, or communication failures or degradation.
We do not warrant that the results or products obtained from using our Services will be accurate, reliable, or error-free.
 

You acknowledge that we may, from time to time, remove the Service for indefinite periods or cancel the Service without notice.
 

YOUR USE OF THE SERVICE, OR INABILITY TO USE IT, IS AT YOUR OWN RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE OFFERED 'AS IS' AND 'AS AVAILABLE,' WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
SMS AUTO PARTS, CO. ONLY WARRANTS THAT THE ITEMS WE MANUFACTURE WILL SUBSTANTIALLY CONFORM TO THE DESIGN SPECIFICATIONS WITHIN THE LIMITS OF METAL CUTTING TECHNOLOGY. THE DESIGNERS ARE SOLELY RESPONSIBLE FOR THEIR DESIGN SPECIFICATIONS AND THE PERFORMANCE OF THE ITEM. SMS AUTO PARTS, CO. DOES NOT GUARANTEE THAT THE ITEMS WILL BE FIT FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL SMS AUTO PARTS, CO., OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, SAVINGS, DATA LOSS, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SMS AUTO PARTS, CO.’s AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED THE GREATER OF: (A) $50, (B) THE PRICE YOU PAID FOR THE ITEM AND ITS ORIGINAL SHIPPING COSTS, OR (C) THE AMOUNT YOU PAID TO SMS AUTO PARTS, CO. IN STATES OR JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
 

Indemnification
 

You agree to indemnify, defend, and hold harmless SMS Auto Parts, Co. and its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from your breach of these Terms, or your use or misuse of, or access to, the Services or content, or any infringement of intellectual property or other rights, including but not limited to personal injury or property damage. This also includes any violation of laws or the rights of third parties. We reserve the right to assume exclusive defense and control of any matter subject to indemnification under this Agreement, and you agree to assist and cooperate with us in asserting any available defenses.
 

Entire Agreement
 

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
 

These Terms, along with any policies or operating rules posted on this site or related to the Service, represent the entire agreement and understanding between you and us regarding your use of the Service. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us, including any previous versions of these Terms.
 

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.
 

Governing Law and Venue
 

These Terms and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States. Any litigation, dispute, or claim arising from or relating to these Terms shall be exclusively filed and resolved in the state and federal courts located in Pennsylvania, United States. The parties irrevocably consent to the personal jurisdiction and venue of these courts and waive any objections or defenses based on improper venue or inconvenient forum.
 

Changes to Term
 

You can view the most current version of the Terms at any time on this page.
 

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting the revised Terms on our website. We may also notify you of changes through your registered email account. It is your responsibility to check our website periodically for updates. Your continued use of or access to our website or Service after any changes to these Terms have been posted constitutes acceptance of those changes.
 

Contact Information
 

If you have any questions about the Terms, please contact us at support@smsparts.com.