Utilizar esta página web y/o registrarse como usuario presupone la aceptación de estas condiciones.

GENERAL TERMS AND CONDITIONS

 

1. SCOPE OF VALIDITY

The current document contains General Terms and Conditions that subject the use of this web site,

 “SMART-T-HAUS” under the domain www.smart-t-haus.com, as well as any other that could be done and the present contract that binds together, SMART-T-HAUS PRODUCTS, S.L. and You (from now named “Conditions”). These Conditions stated Buyer rights and obligations (from now named “You”) and SMART-T-HAUS PRODUCTS, S.L. ones (from now named “We”) in relation to the navigation in this web site, User condition rights and obligations, as well as commercial trade and the use of the services of this web site.
When using this web site, you are subject to these General Terms and Conditions, Privacy Policy and Legal Advice. Thus, we recommend you read carefully the current Conditions. If you do not agree with these Conditions you will be asked to leave this web site. These Conditions could be modified at any time, so you should read them every time you may order from us again. All products offered at  www.smart-t-haus.com  are sold directly by “SMART-T-HAUS PRODUCTS, S.L.”  with address PO BOX 50 – 08780 Barcelona, Spain, Company Registered in the Registry of Commerce of Barcelona, Spain, Corporations General Section, Book 46157, Sheet 511306, Page 35.

Contact: For any further request or doubt about Legal issues, you may send us and email with your inquiry at: smart-t-haus@smart-t-haus.com

 

2. CONCLUSION OF CONTRACT, PROPERTY RIGHTS RESERVATION, IMPROVEMENTS

Unless agreed otherwise by specific individual agreement, a contract with us shall only come into effect if we confirm an order in writing or if we perform the delivery upon previous order without issuing special confirmation.

The presentation of goods in the SMART-T-HAUS Online Shop does not constitute a binding offer to enter into a sales contract. The sales contract is concluded with the placement of an order by YOU (offer) and subsequent acceptance by SMART-T-HAUS. After the order has been transmitted, SMART-T-HAUS will send YOU an email in which the receipt of the order is confirmed, and the details of the order are stated (confirmation of the order). Your offer is not accepted with this confirmation of the order. Acceptance occurs with a further email to YOU in which the dispatch of the goods is confirmed (confirmation of dispatch). SMART-T-HAUS may refuse to enter into a contract with YOU. Specially for lack of payment guarantees, or product shortages. In any case, we will contact YOU and inform YOU. In the case of already paid products, we will reimburse them to YOU according to these Terms. The contract may be done in English, French or Spanish languages.

We reserve the property rights and copyrights to all illustrations, drawings, calculations and other documents provided by us to the purchaser; these may only be made accessible to third parties with our explicit written consent. This shall apply particularly to written documents marked “confidential”.

We reserve the right to perform technically necessary and purposeful improvements of the object of delivery during the delivery period, if this is considered to be reasonable, taking into account the interests of the purchaser.

 

3. DELIVERY AND ACCEPTANCE 

SMART-T-HAUS products deliveries will be done according to orders, through the local or international courier, Post Office or international forwarders. Any deadlines and dates for deliveries and other services announced by us shall only apply as approximate dates, unless a fixed term or deadline has been explicitly promised or agreed upon.

Once the order is gone from our warehouse, you will get an email informing that your order has been picked up and on the way. Orders will be sent to the address you provide us when ordering in the application, so it is really important that you pay attention to fulfil your delivery address correctly. We will not be responsible in any case when provided address is wrong or incomplete.


You may track your order in MY ACCOUNT tab once you are signed in, or you may request us this information. For safety reasons, SMART-T-HAUS will not send any order to PO Boxes, neither military bases, nor when it could be difficult to identify the address or order address. If you select PayPal payment, once closed the order, it will be not allowing to change the delivery address, due to PayPal requires that the delivery is done to an address registered by them. Please, take care to have the right delivery address in your PayPal account before paying.

If the sending of the goods has been agreed, the delivery periods and delivery deadlines shall refer to the point in time of the transfer to the shipping agent, haulage company or third party charged with the transport. The delivery periods do not, however, begin before full clarification of all details required for the execution of the order, the receipt – if agreed – of documents and/or down-payments and the provision of any required official domestic or foreign approvals by the purchaser. Delivery periods and deadlines are deemed to have been adhered to upon notification of readiness for shipment, if the goods cannot be sent in time for reasons beyond our control. We shall not be obliged to assume liability in case of delayed delivery or non-delivery by our suppliers.
 

 

4. DELIVERY ISSUE

You must contact SMART-T-HAUS when delivery is missing after 10 workable days.

If we cannot deliver you the order, forwarder will contact you to schedule a delivery time.

When you are delivered, you must check that your delivery has been received according to your order. In case of discrepancy o problem with your order, we ask you to contact “SMART-T-HAUS” by email to customer.service@smart-t-haus.com, with your details and the problem with the order and we will contact you back as soon as possible to find the best solution for both.

 

5.- CONTRACT DESISTING

You are entitled to desist from the contract (return of the `purchased products) within 15 (fifteen) workable days from receipt of the goods. You will be refunded for the total amount following our Returns Policy. The Customer is required to pay the costs of return.
The right of desisting will be applied only when SMART-T-HAUS products are returned in the same state or conditions that you receipted them, together with its complete original packing, labels and any other accessory related to the product.
We will decide if returned products are acceptable to be returned. Products that are returned with damages, scratches, incompletes, useless, defected, dirty or used by the client will not be reimbursed and will be available for the client and will be return back to the client at freight collect
To exercise the desisting right you must follow our Return Policy.

 

6.- PRODUCTS AVAILABILTY

You agree that offered SMART-T-HAUS products are subject to a limits stocks. All SMART-T-HAUS products orders are subject to their availability. If any products would be not available once you have ordered it, we will inform you as soon as possible. At that time, you may change or cancel the order product.
SMART-T-HAUS is entitled to change the products that are offered at any time without any previous notice.

 

7.- BUYING PROCEDURE

You will be able to buy from our SMART-T-HAUS web site in different languages, such as Spanish, English and French.
The user shall access to the web site shop stored in this web site from SMART-T-HAUS where SMART-T-HAUS products may be purchased and will contain the following information:

a) Product description, reference, features, colours and pictures.
b) Unit Price.
c) Delivery cost, if apply.
d) Offers conditions, if apply.

Once you have chosen SMART-T-HAUS product, user may add it to the cart, and selecting quantities. Once the products are in your cart, you will be able to get a summary from your order, that you may accept by clicking “Confirm”. The following details will appear then:

a) Product.
b) Description.
c) Add to favourite.
d) Quantity.
e) Unit price.
f) Total amount from each SMART-T-HAUS product purchased.
g) Total amount order.
h) Delivery expenses.

If the user has got a Promotional/Discount Code, then it will be the right time to fill it and be applied special conditions. Next, the user is due to provide its personal details, but if registered already, the user will need only to sign in with its email address and password. When new user, it will be necessary to create an account in this site web. Once the user has fulfilled personal details, the user will be asked to provide delivery details, and may check all invoicing and delivery details, change them and ask for an invoice. Next, select the method of payment and confirm the order accepting Terms and Conditions and finally confirm definitively your order.
Once you have confirmed your order, you will receive an email with all details about your order. At the same time, we will check if your order fulfils all our requirements to be treated. Once we have checked it, you will receive a confirmation email accepting or refusing your order.

 

8. DISPATCH, TRANSFER OF RISK, PARTIAL DELIVERY, CONTINUOUS DELIVERY

We shall determine the route and means of dispatch as well as the shipping agent and haulage company, if not otherwise agreed in writing. Goods reported as ready for dispatch as contractually agreed, must be requested immediately; otherwise we shall be entitled as we choose to send them at the cost and risk of the purchaser or to store them at our discretion at the cost of the purchaser.

If transport in the planned way or to the planned location is not possible within the given time for reasons beyond our control, then we shall be entitled to deliver in another way or to another location; additional costs shall be borne by the purchaser. The purchaser shall be given the opportunity to express its opinion previously.

If the purchaser so wishes, we shall take out transport insurance for the delivery of the goods; incurred costs shall be borne by the purchaser. The risk shall be transferred to the purchaser upon transfer of the goods to a shipping agent or haulage company, but at the latest upon leaving the warehouse or production site.

We shall be entitled to perform partial deliveries in a reasonable scope, if

- the partial delivery is usable for the purchaser within the framework of the intended contractual purpose,

- the delivery of the remaining goods ordered is ensured and

- no substantially greater expenditure or additional costs are incurred by the purchaser as a result.

 

Customary excess or short deliveries of the contractually agreed quantity are permissible.

In case of contracts with continuous delivery, requests and sort classifications for approximately equal monthly quantities are to be submitted to us. If the individual requests exceed the contractual quantity, then we are entitled, but not obliged, to deliver the excess quantity. We can invoice the excess quantity at the prices valid upon conclusion of the contract.

 

9. PRICES, DUTIES, CURRENCY AND TERMS OF PAYMENT

Prices shown in this web site are in several currencies, in EUROS “€” and US DOLARS “$”.

According to legal regulations, any purchase made from our website may be subject to VAT or other taxes depending on country delivery.

VAT may be included in our prices; this shall be listed separately in the invoice to the amount legally applicable on the day of invoicing.

European transactions between two parties based in UE are not due to pay VAT. 

All auxiliary charges, public charges and duties, freights and the increases of said charges, as a result of which the services become more expensive, shall be borne by the purchaser, unless this is prohibited by compulsory legal regulations. In case of subsequent amendments to the drawings or specifications as well as in the event of additional or altered acceptance or classification regulations leading to an unforeseen change of prices after conclusion of the contract and prior to delivery of the goods, we shall be entitled to an appropriate change of prices. We will invoice to you any order you send us.

The purchaser shall only be entitled to rights of offset and retention, if its counter-claims have been established finally with no further appeal being possible, are not disputed or have been acknowledged by us.

SMART-T-HAUS accepts payments with credit or debit cards (Visa, MasterCard) through payment gateway from BBVA (Banco Bilbao Vizcaya Argentaria) and/or PayPal.
In order to protect payment safety through credit or debit cards, we use a secure payment system. Payment details are confidential and encrypted according to SSL protocol to the bank.

SMART-T-HAUS fulfil all standards about the different methods of payment which is possible to purchase.

SMART-T-HAUS has the right to check personal details and take the necessary measures in order that the product is properly delivered.

SMART-T-HAUS accepts also local, European according to SEPA regulations and international bank transfers.

 

10.- RETURN POLICY

You have the right to withdraw from this contract within 15 workable days (workable days are from Monday to Friday except holidays) without giving any reason. The withdrawal period will expire after 15 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

1.- To exercise the right of withdrawal, you must inform us by email: customer.service@smart-t-haus.com, of your decision to withdraw from this contract by a statement with all details about the reason, order and personal details. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

2.- Next, if we find that you have provided us all requested information, and we check that the SMART-T-HAUS product you want to return to us are according to Return Policy, we will send you email informing you that we accept your return and that you can proceed to return it. It is possible that you provide you a return Id.

We beg you not to return us the product before our acceptance, otherwise you return will not be accepted. If already sent in this case, the return will not be collected by our warehouse and send it back to you at freight collect. In the case that you are delivered the product with packing issues, please inform at the same time the forwarder about this problem.

You can return us the product by post or by courier. We recommend you that you return us the product in a such way to certify the delivery to SMART-T-HAUS, for your assurance. We will not be responsible for any returned product which had losses, delays or wrong delivery address.    

SMART-T-HAUS product must be returned in the same state as you got it. Together with its complete original packing and packaging, labels and any other necessary accessory related to it.

The customer must compensate the loss of value if the goods deteriorate as a consequence of the use of the goods as intended or if there is any other deterioration for which the customer is responsible, if the goods are lost or if the return of the goods becomes impossible for any other reason.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning the goods. The right of withdrawal does not apply in case of the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

If your return does not fulfil with the agreed terms, you will not have the right to withdraw, we will not reimburse anything, and we will send product back to you at freight collect.

SMART-T-HAUS must be returned in a single time. We reserve the right to refuse SMART-T-HAUS products ordered in a single order, and retuned in several times.

Returns have no penalties. We will not bear the cost of returning the goods and you will take charge from retuning costs. We will not accept freight collect returns. At any case we will not reimburse cost from return. We don’t allow to return neither change, in shops that sell our products from the products bought through our web site

SMART-T-HAUS.

If the customer exercises his/her right to withdraw, he/she will be obliged to promptly return any goods already received. Only in the case of defective products we will bear with cost of returning. See below paragraph n. 11, defective or mistaken products policy.

Once received the returned product at SMART-T-HAUS, we will check it carefully and we will inform you by email as soon as possible, if your return is accepted.

Once we accepted the return (returned products shall be sellable again with product and packing in good conditions), we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 workable days. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. Reimbursement will depend also on your bank. Reimbursement will be done to the client who paid, even the product was sent to another client.

In the case you don’t get your money back, please contact our customer service office and we will solve the problem as soon as possible. Simply, send another email to customer.service@smart-t-haus.com.

 

11. CLAIMS FOR DEFECTS

SMART-T-HAUS only sells products with good quality, so in the case that, exceptionally to receive a defective/damaged product please contact us as soon as possible to our Customer Service by email to customer.service@smart-t-haus.com indicating your personal details and the problem you have found. We will immediately contact you to solve the issue. The client must report obvious defects to us in writing with no undue delay, after receipt of the goods. the order Defects that cannot be detected immediately, even after thorough inspection, must be reported to us with no undue delay after being detected. In case of delivery by rail, by vehicles of commercial short-distance and long-distance haulage or by other carriers, the purchaser shall also communicate the formalities, particularly notices of defects, to the haulage company. Customary deviations in turnout, weight, dimensional stability and colour of the goods shall not justify objections.

 1.- First, we beg you to contact us immediately to the following email address:    

customer.service@smart-t-haus.com, describe the reason of your return, including order number, date and your personal details.

2.- Next, if we understand that you have supplied us all the information requested, we will check that

SMART-T-HAUS products to be returned are according to Return Policy, and we will send you an email informing you that your return has been accepted or not. It is possible that you get a return id. We ask you not to return any product before our acceptance of return, otherwise your return will not be accepted.

3.- We ask you to fulfil all stipulations mentioned above.

4.- Next step, once accepted your product return, we will inform you how to proceed, If the defects are obvious according to your information, it may be possible not to return the product.

5.- You may take the following options in the case of a defective/damaged product:

 - cancel your order product and return the product if necessary; in this case, we will refund the total product order amount according to paragraphs n. 10.

- ask for new same item, and return if required the defective product; in this case, we will send you again the same purchased product at freight prepaid as soon as possible.

- ask for a discount from the total order amount and keep the product when the defect or damage are very light and still useful for its purpose (like esthetical defect or damage for instance). In this case, this discount will be charged in your account for next orders or we Will send you a promotional code for purchasing other items in our website. When the total order amount is high, we will refund the amount by bank transfer. So, we will need you to provide us your bank details.

Except in cases involving fraudulent intent, The Client’s claims for subsequent performance and for damages for a defect shall become time-barred within a period of 2 years from the delivery of the respective good to the customer.

In the case of problems with the packing, you are due to inform the forwarder when you are being delivered.

 

12. RESERVATION OF TITLE AND TRANSMISSION OF RISK

The goods delivered by us shall remain our property until all our claims against the purchaser are paid in full, even if the purchase price has been paid for particularly specified deliveries. The reserved title shall be security for our current account claims.

We shall be entitled, for the proper fulfilment of the obligations of the purchaser, to demand securities to a sufficient amount and in a form adequate for us, even in the form of a dead pledge.

If the customer fails to fully pay the remuneration owed, SMART-T-HAUS shall be entitled to rescind the contract after setting a reasonable additional time for payment which expires to no avail.

Upon rescission SMART-T-HAUS will take the goods back and may demand that the customer assign to

SMART-T-HAUS all claims for surrender of the goods against third parties.

The risk in relation to the goods shall pass at the moment when SMART-T-HAUS makes them available to the customer, once they are collected by the forwarder.

 

13. LIABILITY AND FORCE MAJEURE

We shall only assume liability for all damages caused by us, our legal representatives or our vicarious agents, in accordance with the following provisions:

We shall assume liability for deliberately inflicted damage. The same applies to damage caused by us, our legal representatives or our executive staff as a result of gross negligence. We shall also assume liability for culpable injury to life, body or health.

Apart from this, we shall only assume liability for the negligent breach of essential contractual duties (cardinal obligations) and/or damages caused by the gross negligence of vicarious agents not belonging to our executive staff. Liability is limited to the damages typical and foreseeable with respect to the contract. Cardinal obligations are such obligations, whose compliance enables the adequate and orderly accomplishment of the contract and on whose compliance the purchaser can trust regularly. These are hence obligations whose violation endangers the reaching of the purpose of the contract.

Force majeure, riot, strike, lockout or other operational interruptions beyond our control (also applicable to our suppliers) shall entitle us to defer delivery for the period of hindrance and an appropriate starting period. If this hindrance, of which we shall immediately inform the purchaser, is not only of a short period, both contractual partners shall be entitled to fully or partly terminate or withdraw from the contract under exclusion of any compensation claims, if the further adherence to the contract cannot be expected taking into account the interests of the respective other contractual partner.

 

14. GUARANTEES AND INFORMATION PRODUCTS

The products displayed in our website are a care selection of our catalogue. We have taken care about colours and features products. Every screen has a different setup and we cannot guarantee that your screen displays the right loyal colour.

 

15. INFORMATION REGARDING DATA PROCESSING

We collect data of the purchaser in the context of contract performance. We observe the provisions of Spanish Protection Data Law. Without the consent of the purchaser, we shall collect, process and use existing and stock data of the purchaser only to the extent that this is required for the performance of the contract.

Without the consent of the purchaser, we will not use data for purposes of advertising, market nor opinion research.

 

16. APPLICABLE LAW

The place of jurisdiction – also in issues pertaining to cheques or bills – shall be our registered office is Barcelona. We can also file proceedings against the purchaser at its place of jurisdiction. The place of fulfilment shall be Barcelona if not otherwise stated in the order confirmation. The laws of Spain shall apply for all legal relationships between us and the purchaser.