Terms and Conditions
General Terms and Conditions, with Customer Information
Table of Contents
1. Scope of Validity
2. Conclusion of Contract
3. Right of Cancellation
4. Prices and Terms of Payment
5. Terms of Supply and Delivery
6. Retention of Ownership
7. Guarantee Liability
8. Redemption of Special Coupons
9. Code of Conduct
10. Alternative Settlement of Disputes
1) Scope of Validity
1.1 These General Terms and Conditions ("GT&C’s") of Smartwoods sp. z o.o (the "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (the ”Customer“) and Seller with respect to the goods displayed in its online shop. Unless otherwise agreed, the application of the Customer’s own terms and conditions is denied.
1.2 A consumer within the meaning of these GT&C’s is any natural person who concludes a legal transaction for purposes that cannot mainly be attributed either to his commercial business or to his independent professional activity. An entrepreneur within the meaning of these GT&C’s is any natural or legal person or a partnership possessing legal capacity, which at the time of conclusion of a legal transaction is acting within the framework of its commercial business or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions in the Seller’s online shop do not constitute a binding offer from Seller, but provide the details for Customer to make a binding offer.
2.2 The Customer may place his offer with the online order form to be found in the Seller’s online shop. To this end, having placed the selected goods in the virtual shopping basket and completed the electronic order process, the Customer places a legally binding contractual offer by clicking the button that completes the order.
2.3 The Seller can accept the Customer’s offer within five days by:
• Sending the Customer a confirmation of order in writing or in text form (fax or email), whereby the Customer’s receipt of the order confirmation serves as evidence, or
• Delivering the ordered goods to the Customer, whereby the Customer’s receipt of the goods serves as evidence, or
• Asking the Customer to pay after placing the order.
If several of the above alternatives exist, the contract takes effect when one of these alternatives is applied first. The period in which to accept the offer commences on the day following that on which the Customer placed his offer, and ends at the end of the fifth day following the placement of the offer. If the Seller does not accept the Customer’s offer within this period, this shall constitute a rejection of the offer, with the result that the Customer is no longer bound to his declaration of intent.
2.4 When the offer is placed via the Seller’s online order form, the Seller saves the contract and sends it to the Customer in text form (e.g. by email, fax or letter) together with the GT&C’s after the Customer has sent off his order. In addition , the text of the contract is archived on the Seller’s website and can be called up by the Customer free of charge by entering his login details to the password-protected customer account, provided that the customer opened a customer account in the Seller’s online shop before he sent his order.
2.5 Before placing a binding order using the Seller’s online order form, the Customer may identify possible errors by carefully reading the information on the screen. An effective technical way to better identify errors is by increasing the size of the browser presentation, so that the display on the screen is larger. The Customer may correct the details during the electronic order process by using the keyboard and mouse until he finally clicks the button to complete the order.
2.6 Only the German language is available for the completion of the order.
2.7 Order processing and communication normally take place via email and automated order processes. The Customer shall ensure that the email address he gave for the order is correct, so that he may receive at this address emails sent by the Seller. In particular, when applying spam filters, the customer shall ensure that he can receive all emails sent by the Seller or by third parties engaged in fulfilling the order.
3) Right of Cancellation
3.1 In principle, consumers enjoy a right of cancellation.
3.2 Further information about the right of cancellation can be found in the Seller's instructions on cancellation.
3.3 The right of cancellation does not apply to consumers who are not citizens of a Member State of the European Union at the moment in time when they concluded the contract and their sole residential and delivery address at that time lies outside the European Union.
4) Prices and Terms of Payment
4.1 Unless the Seller’s product description suggests otherwise, the prices quoted are total prices which include statutory value added tax. Any additional postage and delivery charges shall be stated separately in the product description.
4.2 In individual cases, deliveries to countries outside the European Union may incur further costs for which the Seller is not responsible and which the Customer shall cover. These include, for example, the costs of money transfers by banks (such as bank transfer charges and currency conversion costs), or import charges or taxes (e.g. customs duty). Such costs with regard to money transfers may occur if delivery is to country within the European Union but the Customer makes payment in a country outside the European Union.
4.3 The Customer shall be notified of the methods of payment in the Seller’s online shop.
4.4 If advance payment by bank transfer was agreed upon, payment is due immediately after concluding the contract if the parties did not agree on a later payment date.
4.5 If payment is via a method offered by PayPal, it is processed via the service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") under the terms and conditions of PayPal which can be read at://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the terms and conditions of payment without a PayPal account, which can be read at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 If the “SOFORT“ method of payment is selected, payment is processed via the service provider SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter “SOFORT“). To pay the amount of the invoice via “SOFORT“, the Customer must have an account from which he can access “SOFORT“ via PIN/TAN procedure, identify himself when making payment and confirm the payment instruction to “SOFORT“. Payment shall promptly by fulfilled by “SOFORT“ and charged to the Customer’s bank account. The Customer can find further information about “SOFORT“ on the Internet under https://www.klarna.com/sofort/.
5) Terms of Supply and Delivery
5.1 Unless otherwise agreed, goods are sent to the delivery address given by the Customer. The delivery address stated in the Seller’s order confirmation is the valid address when the transaction is processed.
5.2 Where goods are being sent via a haulage firm, delivery is to the kerb edge closest to the delivery address, unless the online shop states otherwise and nothing else has been agreed upon.
5.3 If the haulage company sends the goods back to the Seller because they could not be delivered to the Customer, the Customer shall cover the costs of the unsuccessful delivery. This does not apply when the Customer is not liable for the circumstances that rendered delivery impossible, or when he was temporarily prevented from receiving the service, unless the Seller failed to provide him with adequate advance notice. Furthermore, this does not apply to the costs of delivery to the Customer if he has made effective use of his right of cancellation. If the Customer has made effective use of his right of cancellation, the regulation regarding the costs of return delivery contained in the Seller’s cancellation instructions shall apply.
5.4 For logistical reasons, personal collection is not possible.
6) Retention of Ownership
If the Seller renders a preliminary service, he retains ownership of the delivered goods until the purchase price due has been paid in full.
7) Guarantee Liability
7.1 If a purchased item is faulty, the provisions of statutory liability for faults shall apply.
7.2 The Customer is asked to complain to the delivery firm about delivered goods that show visible damage that occurred during transport, and to notify the Seller of this. If the Customer fails to do this, his statutory or contractual rights of claim shall not be affected in any way.
8) Redemption of Special Coupons
8.1 Coupons issued free by the Seller during a promotion, valid for a specific period, and non-purchasable by a Customer (hereinafter "Promotional Coupons") can only be redeemed on the Seller’s online shop, and only during the period stated.
8.2 Certain products may be excluded from the coupon promotion, insofar as such a restriction is stated on the Promotional Coupon.
8.3 Promotion Coupons may only be redeemed after the order process has been completed. Subsequent redemption is not possible.
8.4 Several Promotional Coupons may also be redeemed for an order.
8.5 The value of the goods must at least equal the value of the Promotional Coupon. The Seller shall not reimburse any left-over coupon value.
8.6 If the value of a Promotional Coupon is not enough to cover the order, a different payment method offered by the Seller may be used to settle the difference.
8.7 The balance on a Promotional Coupon shall neither be paid out in cash nor earn interest.
8.8 A Promotional Coupon shall not be reimbursed if the Customer, availing himself of his statutory right of cancellation, returns any goods wholly or partly paid for with the coupon
8.9 The Promotional Coupon is intended solely for the use of the person named on it. It cannot be transferred to a third party. The Seller may, but is not obliged to, investigate a coupon holder's entitlement.
9) Code of Conduct
- The Seller has subjected himself to the quality criteria of Trusted Shops, available for inspection on the Internet under http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
10) Alternative Settlement of Disputes
10.1 The EU Commission provides the following Internet link to a platform for online settlement of disputes: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for an out-of-court settlement of disputes connected with online purchase or service contracts concluded by a Consumer.
10.2 The Seller is neither obliged nor prepared to participate in arbitration proceedings before a consumer tribunal.