General sales terms and conditions

 

 

GENERAL SALES TERMS AND CONDITIONS 

SMARTLIFETIME.COM

SILVER GENERATION S.A., La Corbeillerie (Loei-dit), 6530 Thuin, Belgium

Thuin Trade Register 0839.035.053 - VAT: BE0839.035.053 

 

GENERALITIES 

The present sales terms and conditions define the contractual relationship between SMARTLIFETIME.COM and the Purchaser, and the conditions applicable to any purchase made via the e-commerce website of SMARTLIFETIME.COM (www.smartlifetime.com), whether the Purchaser is a professional or a Consumer. The acquisition of goods or services via this site shall imply the unconditional acceptance of the present sales conditions by the Purchaser. 

 

SMARTLIFETIME.COM and the website www.smartlifetime.com are trademarks which are the property of SILVER GENERATION S.A., the registered office of which is situated in 6530 Thuin, Belgium, Thuin Trade Register 0839.035.053. Any reference to SMARTLIFETIME.COM concerns exclusively the rights and obligations of SILVER GENERATION SA.

 

These sales terms and conditions shall prevail over any other general or particular conditions not expressly approved by SMARTLIFETIME.COM. SMARTLIFETIME.COM reserves the right to modify its sales conditions at any time. The conditions applicable shall be those in effect at the date of the placing of the order by the Purchaser.

If we do not invoke the provisions of the present general conditions at a given time, this can never be interpreted as a renunciation on our part to invoke them at a later date.

 

Characteristics of goods and services provided

The products and services provided are those described in the catalogue published on the website of SMARTLIFETIME.COM. Products and services are provided within the limits of the stocks available at the Suppliers. Each product is accompanied by a description provided by the Supplier. SMARTLIFETIME.COM is not responsible for any differences between the product and the description given by the Supplier.

The photographs in the catalogue illustrate the products as nearly as possible. However, they might not be a perfect likeness of the product provided, especially where colours are concerned.

Products are delivered, with their accessories, as described on the website. In particular, batteries and battery packs are only provided if they are given in the product description.

It is the Client's responsibility to verify that the product described is suitable for the intended use in his own country and/or own facilities. SMARTLIFETIME.COM cannot be held responsible for any technical adaptations which might have to be made to the product to enable it to be used in the country and/or facilities of the Client.

 

Tariffs

The prices in the catalogue are given in EUR and include all taxes, including Belgian VAT, applicable on the date of the placing of an order. Any change in tax can affect the price of products or services. SMARTLIFETIME.COM reserves the right to modify its prices at any time. However, the prices given in the catalogue on the day of placing the order are the only ones applicable to the Purchaser. Prices do not include transportation and delivery costs which are always charged separately.

 

 Geographical area

The on-line sale of products and services presented on the site is reserved to Purchasers who declare to be familiar with the cost and legal framework of such an operation. It is the Purchaser's responsibility to verify in particular the conditions, and any restrictions, for the importation of certain goods into his country .The Purchaser formally declares to be aware of the customs regulations and to have verified that the product is not subject to special authorisation for entry into his country. The Purchaser alone accepts any responsibilities and constraints linked to the products sold in his country and it is his sole responsibility to pay any taxes, customs duty, etc. SMARTLIFETIME.COM is completely discharged of any liability in this respect.

Any delivery made outside the European Union is subject to the prior consent of SMARTLIFETIME.COM

 

Orders

The Purchaser who wants to purchase a product or service must obligatorily:

– Complete the identification form with all the details requested or give his Client number if he has one

– Complete the purchase order on line, giving all the references of the products or services chosen

– Validate the order after verification

– Make payment under the conditions required

– Confirm the order and payment. Confirmation of the order entails acceptance of the present sales terms and conditions, recognition of being fully aware of them and renunciation of any advantage of his own purchasing or other conditions. All the data provided and the record of confirmation constitute proof of the transaction. Confirmation is equivalent to signature and acceptance of the operations carried out. SMARTLIFETIME.COM shall communicate confirmation of the order by e-mail.

 

Right of withdrawal

Purchasers who are private individuals acting in a non-professional capacity have a period of fourteen (14) days from the day of delivery to notify SMART LIFETIME of their withdrawal and fourteen (14) further days to return the product in question to SMARTLIFETIME.COM for exchange or reimbursement without charge, with the exception of return postage costs  which are always payable by the Client.

To exercise this right of withdrawal, the Purchaser must return the article intact and 'as new' in its original packaging, by registered post. For CDs, DVDs and other articles wrapped and sealed in cellophane, no return shall be accepted if the protective cellophane has been ripped or otherwise damaged. No return shall be allowed on articles which can be copied  (CDs, DVDs, Blue Ray Discs, etc.), except if the articles are defective.

No withdrawal is permitted for special orders of customised articles and/or orders made expressly by the Client.

Products for which reimbursement is requested must be returned by registered post, in perfect condition, complete and with any accessories, and in their original packaging. The Client shall be reimbursed within a period of maximum fourteen (14) days following the date at which he exercised his right of withdrawal, with the possibility of deferral of reimbursement until receipt of the product or proof of sending thereof.

 

Payment terms

Payment is due on placing the order.

Payments can be made by bank transfer, PAYPAL or cash/credit card. Electronic payments are made via a secure system which uses SSL (Secure Socket Layer) protocol, so that  information transmitted is encrypted by software and no third party is able to see the information during transmission on the network. Other secure means of payment might also be found on the www.smartlifetime.com website.

When payment is made by bank transfer, the sale will only be finalised after receipt of the money (cost of goods ordered plus transportation costs) in the bank account of SILVER GENERATION S.A.. If the money is not received within 10 days of the placing of the order, SMARTLIFETIME.COM can consider the sale as null and void.

For electronic payments, the Purchaser's account will only be debited at the time of ordering by  the cost of the products or services sent or downloaded, plus transportation costs. At the request of the Purchaser, a VAT invoice can be issued. The invoice will be found in the Client account or it will be sent by e-mail. SMARTLIFETIME.COM can also send the invoice by post, if necessary.

For payments in currencies other than EUR, the client pays at the exchange rate applicable at the time of ordering and payment.

For special orders of customised articles and articles expressly ordered by the Client, total payment must always be made on ordering. In case of payment by bank transfer, the articles will only be customised or expressly ordered after payment in full.

In the case of incorrect cancellation of an order on our part, if the Client is acting in a non- professional capacity and if he has not committed any fault, he can, except in the case of force majeure, claim compensation from us equivalent to the damages assessed, with a maximum of 10% of the value of the order. SMARTLIFETIME.COM shall not be considered liable for any cancellation linked to a failure of the Manufacturer or Supplier related to the object ordered by the Client.

 

Delivery

Delivery of off-line orders are made to the address given on the purchase order and of on-line orders to the address given in the Client account. This address can only be in the agreed geographical zone. From the time the products have left the premises of SMARTLIFETIME.COM, any risks are borne by the Purchaser, unless he has taken out special insurance cover.

In case of damage during transportation, a justified complaint must be made to the courier or the Post whichever is appropriate within two days of delivery. Delivery dates are given for information only. If a delivery target date exceeds thirty (30) days from the date of ordering, the sales contract can be terminated and the Purchaser reimbursed.

In all cases, our responsibility is limited to the period between the placing of the order and our sending the goods to the Client. We accept no responsibility for delays which can be attributed to the Post or to the courier. SMARTLIFETIME.COM shall not be liable if it can prove to have handed the goods over to the Post or the courier.

Transportation costs are always paid by the Purchaser. Costs communicated by SMARTLIFETIME.COM are not negotiable. They cover not only transportation costs but also packaging and handling by SMARTLIFETIME.COM

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Warranty

All products sold by SMARTLIFETIME.COM to an individual acting strictly privately and in a non-commercial capacity are covered by the mandatory Belgian guarantee period of two years from date of delivery.

When the Purchaser is a company or an individual acting in a professional capacity, or who is not considered to be a Consumer in terms of Belgian legislation, the warranty is of one year from date of delivery to the Client by SMARTLIFETIME.COM.

The conditions of the warranty are described by the Manufacturer. In case of non-compliance of a product, it can be returned to SMARTLIFETIME.COM who will take it back, and exchange or reimburse it. In all cases, return transportation costs for the goods are payable by the Purchaser. Return transportation costs for goods replaced or repaired are also charged to the Purchaser who must pay them prior to their sending.

The warranty is not applicable if the goods have not been used in compliance with the Manufacturer's instructions, nor in case of lack of maintenance which is always the responsibility of the Purchaser.

 

Responsibility

The on-line sales SMARTLIFETIME.COM is only obliged to undertake its best efforts. It cannot be held responsible for damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, interruption in service, or other unintentional problems.

SMARTLIFETIME.COM can never be held responsible for a stock shortage at the Supplier's, or a prolonged delay following temporary unavailability of the article ordered from the Supplier.

 

 Intellectual property

All features of the website of SMARTLIFETIME.COM are and shall remain the exclusive intellectual property of SMARTLIFETIME.COM

No-one is authorised to copy, make use of, repeat or use in any way whatsoever, even partially, features of the website, whether they be software, images or sounds. Any simple or hypertext link is strictly forbidden without the prior express written agreement of SMARTLIFETIME.COM

 

Personal data 

In compliance with the law, the personal information of Purchasers can be processed automatically. SMARTLIFETIME.COM reserves the right  to collect information on Purchasers, including the use of cookies, exclusively with the aim to promote its activities.

Purchasers can oppose disclosure of their details by contacting SMARTLIFETIME.COM. In the same way, users with rights of access and rectification to the data concerning them can oppose disclosure by sending a registered letter with an acknowledgement of receipt  to SMARTLIFETIME.COM, SILVER GENERATION S.A., La Corbeillerie (Lieu-dit), 6530 Thuin,  Belgium.

 

Archiving – Proof

SMARTLIFETIME.COM archives true copies of purchase orders and invoices in a reliable durable format. The electronic records maintained by SMARTLIFETIME.COM shall be considered by the Parties as proof of communications, orders, payments and transactions which have taken place between the Parties.

 

Applicable law – Settlement of disputes

The French version of the present general conditions is the only one which is legally binding between the two Parties. Any text communicated to the Client in a language other than French, on the website or by any other means, is communicated only for strictly commercial and informative purposes.

The present contract is subject to Belgian law. The Parties agree that any dispute or disagreement related to the present contract or ensuing from its interpretation or application shall be submitted to mediation, without prejudice to any provisional and conservatory measures. To this end, the Parties hereby undertake to participate in a least one mediation session, to which they shall delegate a person with the power of decision. The approved mediator shall be chosen by the Parties from the list of mediators approved by the SPF Justice ( Belgian Ministry of Justice). In the absence of a mutual agreement, any dispute ensuing from the execution or interpretation of the present contract shall be under the exclusive jurisdiction of the courts of the judicial district of Thuin, Belgium, regardless of where the client is domiciled.