Terms and Conditions of Sale

These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to any purchase made by an Internet user / natural person (hereinafter the "CUSTOMER") on the website www.smartwag.com (hereinafter the "SITE") at SMART WAG Sàrl, a limited liability company registered with the Trade Register of the Central Valais under number CHE-321.644.765, having its registered office at Chemin de la Chapelle, 2 3960 Loc - Crans Montana Switzerland, Tel : +41 78209 62 81 , email : contact@smartwag.com (hereinafter the "SELLER").

IMPORTANT
Any order placed on the SITE implies the CUSTOMER's unreserved acceptance of these general terms and conditions of sale.

The terms used below have the following meanings in these General Terms and Conditions:

• "CUSTOMER" : designates the SELLER's co-contracting party, who guarantees to have the status of consumer as defined by French law and jurisprudence. In this respect, it is expressly provided that this CUSTOMER acts outside any usual or commercial activity.
• SHIPPING Delivery: refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated when the order was placed.
• "PRODUCTS" shall designate all products available on the SITE.
• "TERRITORY" means SWITZERLAND, FRANCE Metropolitan (excluding DOM/TOM).

 

These General Terms and Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.
The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.

The CUSTOMER undertakes to read these General Terms and Conditions carefully and to accept them, before proceeding with the payment of an order for PRODUCTS placed on the SITE.

These General Terms and Conditions are referenced at the bottom of each SITE page by means of a link and must be consulted before placing an order. The CUSTOMER is invited to read, download and print the General Terms and Conditions carefully and to keep a copy.

The SELLER advises the CUSTOMER to read the General Terms and Conditions each time a new order is placed, as the latest version of the said Terms and Conditions will apply to all new orders for PRODUCTS.

By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Terms and Conditions without limitation or condition.

In order to purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have legal capacity or, if he/she is a minor, be able to prove the agreement of his/her legal representatives.

The CUSTOMER will be asked to provide identifying information by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be completed for the SELLER to process the CUSTOMER's order. The CUSTOMER can check the status of their order on the SITE. Where applicable, DELIVERIES can be tracked using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail at the following address contact@smartwag.comto obtain information on the status of your order.

The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his/her identity, eligibility and the information provided.

 

The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Terms and Conditions).

The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.

Unless expressly indicated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and the standards applicable in France.

PRODUCT orders are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).

The CUSTOMER must select the PRODUCT(S) of his/her choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's basket. The CUSTOMER may then add as many PRODUCTS to his/her basket as he/she wishes.

Once the PRODUCTS have been selected and placed in the CUSTOMER's shopping basket, the CUSTOMER must click on the basket and check that the contents of the order are correct. If the CUSTOMER has not already done so, they will then be invited to identify themselves or to register.

Once the CUSTOMER has validated the contents of the shopping basket and has identified/registered, an automatically completed online form will be displayed, summarising the price, applicable taxes and, where applicable, delivery costs.

The CUSTOMER is invited to check the content of his/her order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.

The CLIENT may then proceed with the payment of the PRODUCTS by following the instructions on the WEBSITE and provide all the information necessary for the invoicing and DELIVERY of the PRODUCTS. Concerning the PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information necessary for the proper processing of the order.

The CUSTOMER must also select the chosen mode of delivery.

It is important to note that orders placed during the festive season (particularly at the end of the year) may entail a greater risk of stock shortages than orders placed at other times of the year.

Once all the steps described above have been completed, a page will appear on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgement of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated via the registration form is correct .

The SELLER does not send order confirmations by post or fax.

During the order procedure, the CUSTOMER must enter the information required for invoicing (the sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).

In particular, the CUSTOMER must clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address.

The CUSTOMER must then specify the method of payment chosen.

Neither the order form that the CUSTOMER draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by e-mail, constitute an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the parcel.

The order date is the date on which the SELLER acknowledges online receipt of the order. The lead times indicated on the SITE only start to run from this date.

For all PRODUCTS, the CUSTOMER will find prices displayed on the SITE in euros, inclusive of all taxes, as well as the applicable delivery charges (depending on the weight of the parcel, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen).

In particular, prices include value added tax (VAT) at the rate in force on the order date. Any change in the applicable rate may affect the price of the PRODUCTS from the date on which the new rate comes into force.

The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.

The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.

The prices indicated are valid, except in the case of gross error. The applicable price is that indicated on the WEBSITE on the date the order is placed by the CLIENT.

The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.

In any event, if unavailability was not indicated at the time the order was placed, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.

The SELLER may, at the request of the CUSTOMER :
Or offer to ship all PRODUCTS at the same time as soon as out-of-stock PRODUCTS become available again,

Or proceed with a partial shipment of the available PRODUCTS initially, then with the shipment of the remainder of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,

Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.

If the CUSTOMER decides to cancel his/her order for unavailable PRODUCTS, he/she will be reimbursed for all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.

The terms and conditions of the right of withdrawal are set out in the "withdrawal policy", which is available in Annexe 1 of the present and accessible at the bottom of each page of the SITE via a hypertext link.

 

The CLIENT may pay for its PRODUCTS on line on the WEBSITE according to the means proposed by the SELLER.

The CUSTOMER guarantees the SELLER that he/she holds all the authorisations required to use the chosen means of payment.

The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the context of online payment on the WEBSITE.

It is therefore specified that all payment information provided on the SITE is transmitted to the bank of the SITE and is not processed on the SITE.

7.2. Date of payment

In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the WEBSITE.

In the event of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first parcel is dispatched. If the CUSTOMER decides to cancel his/her order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Terms and Conditions.

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service Department in order to pay for the order by any other valid means of payment.

In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.

Any contract concluded with the CUSTOMER corresponding to an order amounting to more than 120 euros inclusive of tax will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the French Consumer Code.

The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CUSTOMER's request.

In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

The SELLER remains the owner of the PRODUCTS delivered until they have been paid for in full by the CUSTOMER.

The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by the CLIENT or by a third party designated by the CLIENT other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage that they may cause.

The terms of DELIVERY of the PRODUCTS are provided for in the "delivery policy" referred to in Annexe 2 of the present and accessible at the bottom of each page of the SITE via a hypertext link.

The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 ' Cancellation Policy.

Article L.211-4 of the Consumer Code The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.

Article L.211-5 of the Consumer Code To be in conformity with the contract, the good must :

1° Be fit for the use ordinarily expected of similar goods and, where applicable :

- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or on labelling;

2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

The SELLER is bound to deliver a PRODUCT that is in conformity, i.e. fit for the use expected of a similar good and corresponding to the description given on the SITE. This conformity also implies that the PRODUCT has the qualities that a buyer may legitimately expect, having regard to the public statements made by the SELLER, including in advertising and on labelling.

In this context, the SELLER is liable for any lack of conformity existing at the time of delivery and for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the SELLER was responsible for the latter or when it was carried out under its responsibility.

Any action resulting from a lack of conformity shall be barred after two (2) years from delivery of the PRODUCT. (Article L.211-12 of the French Consumer Code)

In the event of lack of conformity, the CUSTOMER may request replacement or repair of the PRODUCT, at his choice. However, if the cost of the CLIENT's choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CLIENT.

In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address Rue Principale 25, Sembrancher, Switzerland or 371, route de Mézier 74350, Copponex, France.

Lastly, the CUSTOMER is exempt from having to prove the existence of a lack of conformity of the PRODUCT during the six (6) months following delivery of the good.

It is specified that this legal warranty of conformity applies independently of the commercial warranty granted, where applicable, on the PRODUCTS.

The SELLER shall be liable for any latent defects in the PRODUCT sold which render it unfit for its intended use, or which impair such use to such an extent that the CUSTOMER would not have purchased it, or would only have paid a lower price for it, had he been aware of them. (Article 1641 of the Civil Code)

This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price if the PRODUCT is not returned.

In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address Rue Principale 25, Sembrancher, Switzerland. The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years of the discovery of the defect. (Paragraph 1 of Article 1648 of the French Civil Code)

The SELLER may in no case be held liable in the event of non-execution or poor execution of the contractual obligations attributable to the CUSTOMER, in particular when the order is entered.

The SELLER may not be held liable, or considered to have failed to comply with these terms and conditions, for any delay or non-performance when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.

It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the WEBSITE. Consequently, it excludes all liability for the information published there. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.

The SELLER collects on the WEBSITE personal data concerning its Customers, including by means of cookies. CUSTOMERS may deactivate cookies by following the instructions provided by their browser.

The data collected by the SELLER is used in order to process orders placed on the SITE, manage the CLIENT's account, analyse orders and, if the CLIENT has chosen this option, send the CLIENT commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the SELLER.

The CLIENT's data is kept confidential by the SELLER in accordance with its declaration to the CNIL, for the purposes of the contract, its execution and in compliance with the law.

CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail.

The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that the CUSTOMERS have given their prior consent when registering on the SITE.

The SELLER will specifically ask CUSTOMERS whether they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER.

The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.

In accordance with the French Data Protection Act no. 78-17 of 6 January 1978, the CUSTOMER has the right to access, rectify, oppose (for legitimate reasons) and delete his or her personal data. They may exercise this right by sending an e-mail to : contact@smartwag.com or by sending a letter to Rue Principale 25, Sembrancher, Switzerland.

It is specified that the CUSTOMER must be able to prove his/her identity, either by scanning an identity document or by sending the SELLER a photocopy of his/her identity document.

The SELLER provides the CUSTOMER with a "Customer Telephone Service" on the following number: +33676410841 (non surcharged number).

Any written complaint by the CUSTOMER must be sent to the following address: Rue Principale 25, Sembrancher, Switzerland.

All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorisation from the SELLER in writing.

Under no circumstances will this authorisation from the SELLER be granted on a permanent basis. This link must be removed at the SELLER's request. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.

Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Under no circumstances does such a modification or decision authorise CUSTOMERS to disregard these General Terms and Conditions.

Any conditions not expressly covered herein shall be governed in accordance with usage in the retail sector for companies whose registered office is located in France.

These Terms and Conditions apply to all purchases made online on the SITE, for as long as the SITE is available online.

The General Terms and Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Terms and Conditions are those in force at the time of the order.

Changes to the General Terms and Conditions will not apply to PRODUCTS already purchased.

These General Terms and Conditions as well as the relationship between the CLIENT and the SELLER are governed by French law.

In the event of a dispute, only the French courts will be competent.

However, prior to any recourse to an arbitral or state judge, preference will be given to negotiation in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including its validity.

The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If at the end of a period of fifteen (15) days, the parties have not reached an agreement, the dispute shall be submitted to the competent court designated below.

Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other in respect of the dispute which is the subject of the negotiation. By way of exception, the parties are authorised to refer the matter to the summary proceedings court or to apply for an order on petition. The parties shall not waive the amicable settlement clause in the event that they bring an action before a court of summary jurisdiction or apply for a court order, unless they expressly wish otherwise.

Principle of retraction

As a matter of principle, the CLIENT has the right to return or restitute the PRODUCT to the SELLER or to a person designated by the SELLER, without undue delay, and at the latest within fourteen (14) days following communication of its decision to withdraw, unless the SELLER proposes to recover the PRODUCT himself.

Withdrawal period

The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.

If the CLIENT has ordered several PRODUCTS in a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.

Notification of the right of withdrawal

To exercise their right of withdrawal, the CLIENT must notify their decision to withdraw from this contract by means of an unambiguous statement to :

3960- LOC-CRANS-MONTANA

SWITZERLAND

or contact@smartwag.com.

He can also use the form below:

In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the date on which the SELLER is informed of the CUSTOMER's wish to withdraw.

The SELLER will make the refund using the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means. In any event, this refund will not incur any costs for the customer.

The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of dispatch of the goods, whichever comes first.

Return Policy

The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communicating his decision to withdraw from this contract, return the goods to : (Swiss customer) Chemin de la Chapelle, 2 3960 Loc - Crans Montana Switzerland. CUSTOMERS outside Switzerland must contact the seller by e-mail in order to proceed with the return.

This period is deemed to have been respected if the CUSTOMER returns the goods before the fourteen-day period has expired.

Return costs

The CUSTOMER shall bear the direct costs of returning the goods.

Condition of the returned goods

The PRODUCT must be returned according to the SELLER's instructions and include all the accessories delivered.

The CLIENT shall only be liable for any depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT but may be held liable if it carries out manipulations other than those necessary.

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

• Supply of goods or services whose price depends on fluctuations in the financial market
• Supply of goods made according to the CUSTOMER's specifications or clearly personalised
• Supply of goods likely to deteriorate or expire rapidly
• Supply of sealed audio or video recordings or software that have been unsealed after delivery
• Newspaper, periodical, magazine (except subscription contracts)
• Provision of accommodation services other than for residential purposes, transport of goods, car hire, catering or services related to leisure activities if the offer provides for a specific date or period of performance.
• Supply of goods which by their nature are inseparably mixed with other items
• Supplies of sealed goods that cannot be returned for health or hygiene reasons and which have been unsealed by the CUSTOMER after DELIVERY.
• the supply of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the sales contract, delivery of which can only be made after 30 days and the actual value of which depends on market fluctuations beyond the SELLER's control
• Supply of digital content not supplied in dematerialised form if performance has begun with the express prior agreement of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal.
• contracts concluded at a public auction

Exchange conditions

In the event of an error in the choice of PRODUCT when ordering (size, colour, model, engraving, etc.), the CUSTOMER may request an exchange. To do so, they must contact the following e-mail address: contact@smartwag.com. If the desired PRODUCT is still available, the SELLER will propose an exchange at the CUSTOMER's expense.

 

Delivery zone

The PRODUCTS offered can only be delivered on the TERRITORY.

It is impossible to place an order for any delivery address outside this TERRITORY.

The PRODUCTS are sent to the delivery address(es) that the CUSTOMER will have indicated during the ordering process.

Shipping time

The lead times for preparing an order and then issuing an invoice, prior to dispatch of PRODUCTS in stock, are stated on the SITE. These times do not include weekends or public holidays.

An e-mail message will automatically be sent to the CUSTOMER when the PRODUCTS are dispatched, provided that the e-mail address given in the registration form is correct.

Delivery times & costs

During the ordering process, the SELLER indicates to the CUSTOMER the possible delivery times and shipping methods for the PRODUCTS purchased.

Shipping costs are calculated according to the delivery method. The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased.

Delivery times and costs are detailed on the SITE.

Terms of DELIVERY

The parcel will be delivered to the CUSTOMER upon signature and presentation of proof of identity.

In the event of absence, a delivery notice will be left for the CUSTOMER to collect the parcel from the post office.

DELIVERY PROBLEMS

The CUSTOMER is informed of the delivery date set at the time it chooses the carrier, at the end of the online ordering procedure, before confirming the order.

It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give notice to the SELLER to deliver within a reasonable period of time and in the event of non-delivery within this period, the CUSTOMER may cancel the contract.

The SELLER shall refund the CLIENT, without undue delay from receipt of the cancellation letter, the total amount paid for the PRODUCTS, including taxes and delivery costs, using the same payment method as that used by the CLIENT to purchase the PRODUCTS.

The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is recalled that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted at the time of delivery.