Terms & Conditions
SMTH Smooth VOF
RPR Antwerp, Turnhout department
Article 1: General provisions
The e-commerce website of SMTH SMOOTH, a general partnership with registered office at 2230 Herselt, Wolfsdonksesteenweg 235 and VAT number VAT BE 0640.951.452 RPR Antwerp, Turnhout department (hereinafter referred to as 'SMTH SMOOTH') offers its customers the opportunity to to purchase online from its web store.
These Terms and Conditions ("Terms") apply to any order placed by a visitor to this e-commerce website ("Customer"). When placing an order through SMTH SMOOTH's webshop, the Customer must expressly accept these Terms, thereby agreeing to the applicability of these Terms, to the exclusion of all other terms. Additional terms and conditions of the Customer are excluded, unless they have been accepted in advance, in writing and expressly by SMTH SMOOTH.
Article 2: Price
All stated prices are expressed in EURO, always inclusive of VAT and all other duties or taxes that are required to be paid by the Customer. If delivery, reservation or administrative costs are charged, this will be stated separately. The indication of price refers exclusively to the articles as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalog and the e-commerce website have been compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer do not bind SMTH SMOOTH. SMTH SMOOTH is as far as the correctness and completeness of the information provided is only held to an obligation of means. SMTH SMOOTH is in no way liable in the event of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about, for example, sizes, colour, availability, delivery time or delivery method, we request the customer to contact our customer service in advance.
The offer is always valid while stocks last and can be adjusted or withdrawn by SMTH SMOOTH at any time. SMTH SMOOTH cannot be held responsible for the unavailability of a product. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
- The Customer chooses one or more products from our online catalogue;
- When the possibility arises to order a personalized copy and the customer wishes so, 'custom design' should always be set to 'yes';
- The Customer provides correct information to ensure that the necessary information and delivery are successful;
- If the customer opted for a personalized copy, their own design can be uploaded after the order has been fully completed.
The Customer has the choice between the following payment methods
- via credit card
- via bank card
- by transfer to account number BE56736020178488
SMTH SMOOTH is entitled to refuse an order due to a serious failure of the customer with regard to orders in which the customer is involved.
Article 5: Delivery and execution of the agreement
Articles ordered through this webshop are delivered worldwide.
Unless otherwise agreed or expressly stated otherwise, the goods are delivered to the place of residence of the Customer within 30 days of receipt of the order by post. The costs of this delivery are for the account of the Customer, unless expressly stated otherwise. If the Customer has not received his purchased goods within the aforementioned period of 30 days, he is obliged to report this to SMTH SMOOTH.
Delivery will only take place when SMTH SMOOTH has received the full amount due from the Customer. At the initiative of SMTH SMOOTH, exceptions are possible here without any affiliation of the Customer being lost.
Any visible damage and/or qualitative defect of an item or other defect in the delivery must be reported to SMTH SMOOTH by the Customer without delay.
The risk of loss or damage passes to the Customer as soon as he (or a third party designated by him, who is not the carrier) has acquired physical possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier has been instructed by the Customer to carry the goods and this choice was not offered by SMTH SMOOTH.
Article 6: Retention of title
The delivered articles remain the exclusive property of SMTH SMOOTH until full payment by the Customer.
The Customer undertakes, if necessary, to inform third parties of SMTH SMOOTH's retention of title, e.g. to anyone who would seize items that have not yet been fully paid for.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who, in their capacity as consumers, purchase items online from SMTH SMOOTH.
The Customer has the right to withdraw from the agreement within a period of 14 calendar days without giving reasons.
The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, acquires physical possession of the good.
In order to exercise the right of withdrawal, the Customer must inform SMTH SMOOTH by e-mail addressed to the customer service or by registered letter to the following address: Wolfdonksesteenweg 235 2230 HERSELT of its decision to withdraw from the agreement by means of an unequivocal statement. The Customer can use the attached model withdrawal form for this, but is not obliged to do so.
To comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.
The Customer must return or hand over the goods to SMTH SMOOTH, Wolfsdonksesteenweg 235 2230 HERSELT without delay, but in any case no later than 14 calendar days after the day on which it communicated its decision to withdraw from the agreement to SMTH SMOOTH. The Customer is on time if he sends back the goods before the period of 14 calendar days has expired.
The direct costs of returning the goods shall be borne by the Customer.
If the returned product is depreciated in any way, SMTH SMOOTH reserves the right to hold the Customer liable and claim damages for any diminished value of the goods resulting from the use of the goods by the Customer beyond what is necessary to establish the nature, characteristics and functioning of the goods.
Only articles that are in the original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back.
If the Customer cancels the agreement, SMTH SMOOTH will refund all payments received from the Customer up to that point, including the standard delivery costs, to the Customer within a maximum of 14 calendar days after SMTH SMOOTH has been informed of the Customer's decision to cancel the contract. cancel the agreement. For sales agreements, SMTH SMOOTH may withhold reimbursement until it has physically received all goods back, or until Customer has demonstrated that it has returned the goods, whichever is the earliest.
Any additional costs resulting from the choice of the Customer for a different method of delivery than the cheapest standard delivery offered by SMTH SMOOTH will not be refunded.
SMTH SMOOTH will refund the Customer by bank transfer, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged any costs for such reimbursement.
Article 8: Warranty
Under the law of 21 September 2004 on the protection of consumers when selling consumer goods, consumers have legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
To invoke the warranty, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to Customer's home, Customer must contact SMTH SMOOTH customer service and return the item to SMTH SMOOTH at its expense.
In the event of a defect, the Customer must inform SMTH SMOOTH as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after its discovery. Afterwards, any right to repair or replacement will lapse.
The (commercial and/or legal) guarantee never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or changes to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless the Customer proves otherwise.
Article 9: Customer Service
SMTH SMOOTH customer service can be reached on telephone number +32499141762, by e-mail at email@example.com or by post at the following address: Wolfsdonksesteenweg 235, 2230 HERSELT. Any complaints can be directed to this.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights that SMTH SMOOTH has, in the event of non-payment or late payment from the date of the default, the Customer owes interest of 10% per annum on the unpaid amount by operation of law and without notice. In addition, the Customer is legally and without notice liable to pay a fixed compensation of 10% on the amount concerned, with a minimum of 25 euros per invoice.
Without prejudice to the foregoing, SMTH SMOOTH reserves the right to take back the not (fully) paid items.
The Customer is also obliged to pay all collection costs, both extrajudicial and judicial, to which the collection of an unpaid invoice will give rise.
Article 11: Privacy
The controller, SMTH SMOOTH, respects the Belgian law of December 8, 1992 regarding the protection of private life in the processing of personal data.
The personal data provided by you will only be used for the following purposes: processing the order, sending newsletters, advertising and/or marketing purposes of SMTH SMOOTH.
You have a legal right to inspect and possibly correct your personal data. Subject to proof of identity (copy of identity card), you can obtain a written notification of your personal data free of charge via a written, dated and signed request to SMTH SMOOTH, Wolfsdonksesteenweg 235, 2230 HERSELT. If necessary, you can also request that data be corrected if it is incorrect, incomplete or irrelevant.
In case of use of data for direct marketing: You can oppose the use of your data for direct marketing free of charge. To this end, you can always contact SMTH SMOOTH Wolfsdonksesteenweg 235, 2230 HERSELT or by e-mail at firstname.lastname@example.org .
We treat your data as confidential information and will not pass it on, rent it or sell it to third parties.
The customer is responsible for keeping his login details and the use of his password confidential. Your password is stored encrypted, so SMTH SMOOTH has no access to your password.
SMTH SMOOTH keeps online (anonymous) visitor statistics in order to see which pages of the internet site are visited and to what extent.
If you have any questions about this privacy statement, you can contact us at email@example.com .
Article 12: Affected validity - non-renunciation
If any provision of these Terms is declared invalid, illegal or void, this will not in any way affect the validity, legality and applicability of the other provisions.
The failure at any time by SMTH SMOOTH to enforce any of the rights set forth in these Terms, or to exercise any right hereunder, shall never be construed as a waiver of such provision and shall never affect the validity of such rights. .
Article 13: Change of conditions
These Conditions are supplemented by other conditions to which explicit reference is made and the general terms and conditions of sale of SMTH SMOOTH. In case of contradiction, these Terms and Conditions will prevail.
Article 14: Evidence
The Customer accepts that electronic communications and back-ups can serve as evidence.
Article 15: Applicable law – Disputes
Belgian law applies, with the exception of the provisions of private international law regarding applicable law.
The courts of the Consumer's place of residence are competent in legal disputes. The Customer can also turn to the ODR platform ( http://ec.europa.eu/consumers/odr/ ).
Article 16: Personalization of goods
When the Customer sends his own visual design to be engraved on a product, he/she declares to be in possession of any user rights of the relevant visual design. In the event of an infringement of the usage rights of certain visual designs chosen by the Customer, SMTH SMOOTH will not be responsible for this in any case, but the responsibility will fall to the Customer.
Article 17: E-invoice
Because we take the environment into account, invoicing is done electronically by e-mail only. This e-mail also serves as proof of purchase of the purchased item. If the Customer wishes a paper copy of the invoice, this is always possible by sending an email to firstname.lastname@example.org .
Appendix 1: Model withdrawal form
Dear Customer, you only need to fill in and return this form if you want to cancel the contract.
To SMTH SMOOTH VOF Wolfsdonksesteenweg 235, 2230 RESTORES:
I/We (*) share(s) (*) hereby inform you that I/we (*) revoke/revoke (*) our agreement concerning the sale of the following goods/provision of the following service (*):
Ordered on (*)/Received on (*):
Name(s) of consumer(s) :
Address consumer(s) :
Signature of consumer(s)
(*) Strike out what is not applicable.