General conditions of Sale
These General Conditions governs the terms and conditions to which Smartness SRLS ("Smartness") will provide the consumer with products of consumer electronics and related accessories (hereafter the "Product" and the "Products" together with the service) with the Smartness brand (hereafter the "Service" and the "Services") for sale on-line on the B2B Smartness website https://www.smartness.online (hereinafter the "Site"). These General Conditions apply exclusively to the Products and Services sold by Smartness through the Site. Please read carefully and understand these General Conditions before making a purchase order of any Product and / or Service on the Site. The user intends to make a purchase order must declare that he has read, understood and accepted the contents of these General Conditions. If the user does not accept these General Conditions, he will not be able to place any purchase orders for any Product sold on the Site. The user is asked to print and keep a copy of this document for future reference.
1. - SCOPE OF APPLICATION
1.1. - These general conditions of sale are for exclusively the business relationships between SMARTNESS s.r.l.s. and customers, with the exception of any other agreement not agreed in writing.
1.2. - The present general conditions of sale have as their object the purchase of products made remotely by means of an electronic network, through the Internet site https://www.smartness.online domain name registered in the name of SMARTNESS s.r.l.s. based in Naples (NA).
1.3. - Given that the computer network called World Wide Web has no geographical definition, contracts concluded electronically in application of these general conditions are intended for the address https://www.smartness.online residing in a server located in Italy.
1.4. - The customer, by sending his purchase order, unconditionally accepts these general conditions of sale, which therefore must be considered as an integral and essential part of the contract of sale
2. - PRICES
2.1. - The prices published by SMARTNESS are , packaging costs, transport costs, shipping costs, VAT and taxes excluded. All shipping costs and any additional services requested (fullfillment, warehouse, logistics, etc.) and any additional charges (minimum order contribution, flat-rate contribution for direct delivery to the end user) are charged to the customer.
2.2. -Prices may be changed at any time by SMARTNESS without notice.
3. - ORDER AND CONCLUSION OF THE CONTRACT
3.1. - Orders must be sent by the customer in writing, by internet or fax or email, through the forms available on the website https://www.smartness.online
3.2. - The contract ends when SMARTNESS sends to the Customer a written confirmation (by internet or fax) of the order received, indicating the relative "order number".
3.3. - The customer can request the total or partial cancellation of the order. SMARTNESS reserves the right to accept or refuse the cancellation.
3.4. - Except in the case of a credit line granted to the customer by SMARTNESS, the fulfillment of the order is subject to the condition precedent of the payment of the price by bank transfer.
3.5 - The customer undertakes to keep the traceability by telephone and mobile phone usage for the entire duration of the contractual relationships in force, in order to facilitate relations between the parties and enable SMARTNESS to improve the offered service, also with contacts direct and for short routes.
4. - OFFERS AND PROMOTION
4.1. - The information contained on the website https://www.smartness.online or on advertising media in general, about the products marketed by Smartness and the relative prices constitute an invitation to negotiation. None of such information may be considered as an offer to the public pursuant to art. 1336 c.c.
4.2. - The orders of products being promoted will be processed while stocks last and on condition that the bank accountant or debit bookkeeper assesses the fixed beneficiary reaches Smartness at least 1 day before the expiry of the promotion. Otherwise the promotion will be considered expired and the price will be updated to the ordinary price list.
5. - TRANSPORTATION AND DELIVERY
5.1. - The goods are shipped in free port, insured with charge of the transport insured on the invoice. If, at the request of the customer, the goods were shipped to the assigned port, the risk for the loss or damage of the goods will be charged to the customer from the time of delivery of the goods to the vehicle.
5.2. - It is understood that with the delivery of the goods to the carrier the relevant identification is perfected pursuant to art. 1378 of the Italian Civil Code, so that the effects of the transfer of the ownership of the goods to the customer will start from that moment.
5.3. - The delivery, unless otherwise agreed, will take place on the ground floor and during office hours: from 8.30 to 12.30 and from 14.00 to 18.00 on non-holiday days and from Monday to Friday. Any other delivery method must necessarily be agreed in advance with Smartness when ordering or in a preventive phase and will involve a personalized offer.
5.4. -At the time of delivery of the goods, the customer is required to verify, in the presence of the driver, the integrity of the packages and any seals, the quantitative and qualitative correspondence of the packaging with what is indicated in the transport document (DDT). In the event of any discrepancy, the customer must indicate a specific reserve of the anomaly on the paper document or on the digital device (handheld) provided by the carrier and the same must be confirmed, within 5 calendar days, to Smartness via email communication at email@example.com or by fax or registered letter. Even in the case of packaging intact, the customer must verify the quantitative and qualitative congruence of the goods, reporting defects and hidden anomalies within 7 days of delivery. Any report of defects and anomalies beyond the terms above will not commit the company Smartness s.r.l.s.
6. - PAYMENTS
6.1. - Initial condition for order fulfillment (unless otherwise agreed in writing with Smartness) is the advance bank transfer. These conditions will be maintained until a possible granting of the credit and therefore of other payment methods.
7. - LIMITATION OF LIABILITY
7.1. - In case of ascertained responsibility of Smartness for total or partial non-fulfillment of the contract, Smartness shall not be liable for indirect and / or unpredictable damages incurred by the customer. In any case, the total compensation due to the customer cannot exceed the price paid by the customer.
7.2. - The customer renounces to Smartness s.r.l.s. to the right of recourse provided for by art. 131, Legislative Decree 206/2005 (Consumer Code).
8. - COMPLAINTS
8.1. - Any complaints regarding the products supplied must be received within 15 days from the delivery of the goods. The products eventually defective at the origin, will be replaced with the same number and the conditions found on the "Customer Care" page.
9. - PROCESSING OF PERSONAL DATA
9.1. - Pursuant to Regulation (EU) 2016: 679, the customer declares to be aware that the "personal data" communicated and / or exchanged, even during pre-contractual relations, will be processed in accordance with the aforementioned European legislation.
9.2. - The customer acknowledges that he has received a specific information from Smartness and that he has explicitly expressed consent for the aspects for which said expression of will is required.
9.3 - With reference to par. 9.2, the Customer agrees to be aware that the following cases of disclosure of data to third parties when this is necessary for the execution of a contract of which the data subject is a party or for the execution of pre-contractual measures taken at the request of the same:
- to verify the reliability of the information provided by the client in the case of collection of information from public registers, lists, deeds or documents that can be known by anyone;
- to give each individual customer specific commercial credit;
- in case of execution of the contract through the Italian Post Office, shipping agencies, couriers, logistics companies, etc .;
- for the administrative and accounting needs of Smartness related to the use of accounting, tax, labor, as well as banks or law firms;
- for administrative and accounting purposes, including management control activities, as well as the carrying out of activities to support the activities of each individual subsidiary such as, for example, the management of information systems.
9.4. - As a retailer, the customer ensures that he will enter his customers' personal data in the reserved area of the Smartness site only after having given the same information on the communication of data to the same Smartness when this is necessary for the execution of a contract of which the interested party is a party or to execute pre-contractual measures taken at the request of the same (for example for the delivery of the "sold" directly from Smartness to the final customer); furthermore, it assures that it will carry out any further communication to Smartness only after having obtained the explicit consent of the interested parties for the purpose of direct marketing, profiling, and in case of and in case of transfer of personal data to other companies of the Group for the aforementioned purposes of direct marketing and profiling (this category also includes the data processed in the case of explicit and voluntary participation in loyalty programs).
9.5. - Again, the customer ensures that they have read the Regulation on the security obligations of retailers operating on the Web and that:
- will monitor compliance with the instructions given;
-all the natural persons who have been assigned the respective authentication credentials will respect the content.
9.6. - The customer, moreover, will ensure the updating of the information entered in all the web accounts referring to it, by the individual users assigned the related personal credentials.
10. - JURISDICTION
10.1. - For any dispute regarding the interpretation or execution of these general conditions and / or contracts stipulated between the customer and Smartness pursuant to these general conditions, the Court of Naples (Court of Naples - Judge of Peace of Naples). In case Smartness s.r.l.s. take on the role of the plaintiff can also 'appeal to the Court or the Court of Peace in whose constituency is the customer's headquarters.
11. - MODIFICATION OF THE GENERAL CONDITIONS OF SALE
11.1. – Smartness s.r.l.s. reserves the right to modify, without notice, these general conditions of sale. The changes will take effect from the date of their publication on the website https://www.smartness.online