By purchasing goods from us you agree to these terms and conditions. The following words shall mean: "Buyer" and "You" refer to the Customer and "Seller", "We" and "Us" refer to Smartbytes Design.
Registred at the chamber of commerce of "Twente en Salland" with Registration number: 08093888. 2. APPLICATION OF TERMS
2.1. The Contract shall be on these Conditions to the exclusion of any other terms and conditions.
2.2. Any order for Goods from the Buyer shall be deemed to be an offer to purchase the Goods subject to these Conditions.
2.3. No terms or conditions endorsed upon, delivered with or contained in any Sellers purchase order, confirmation of order, specification or other document shall form part of the Contract. The Conditions shall not be varied unless any agreement to vary is recorded in writing and signed by the Seller and Buyer.
2.4. No order placed by the Buyer will be accepted by the Seller until it has sent to the Buyer an email acknowledgement and acceptance of the order. Upon the Seller sending the acknowledgement and acceptance of the order, the Seller and the Buyer will have a binding contract between them.
2.5. The Buyer warrants that all the details in the order are complete and accurate.
2.6. The Conditions shall apply to the sale of all Goods. Save as has been specifically provided for in the Conditions, any representations relating to the Goods shall not be effective unless expressly agreed in writing and signed by both the Seller and the Buyer.
3. THE GOODS
3.1. The Buyer acknowledges that they have entered into the Contract as a result of their inspection or knowledge of the Goods and not in reliance upon any description given by the Seller.
3.2. A contract for the sale of product(s) you order from us is only created once we have e-mailed you confirmation of your order (whether or not you receive that email).
3.3. Orders are subject to availability
3.4. We will not be legally bound by any type of errors on the website or other promotional materials
3.5. Orders are subject to availability. When there are more then one item on order we will send out products that are available in stock and send the remaining products out of stock as soon as they come in.
3.6. All drawings, descriptive matter, specifications and advertising issued by the Seller are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and shall not form part of the Contract.
3.7. The Seller shall not be liable for any loss (including any loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in making the Goods (even if caused by its negligence).
4. TITLE AND RISK
4.1. Title and ownership to the Goods shall not pass from the Seller to the Buyer until the Seller has received the Price in full together with all other sums payable by the Buyer to the Seller.
4.2. Once the goods have been delivered they shall be at the risk of the Buyer.
5.1. If the Buyer fails to pay the invoice by the due date and without prejudice to any rights of the Seller, the Buyer shall:
5.1.1. forfeit any discount given in that invoice or in any other way agreed.
5.2. The Buyer shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, abatement or otherwise unless it has a valid court order requiring an amount equal to such deduction to be paid.
5.3. Credit and debit cards are debited before items are dispatched by the seller.
5.4. Until the Seller is in possession of cleared funds, the Buyer shall not be deemed to have made a payment.
5.5. If the Buyer does not make payments as required, the Seller may terminate the Contract.
5.6. It is a crime to use a false name or a know invalid credit or debit card to order. Anyone caught wilfully will be prosecuted to the fullest extent of the law. We use sophisticated tools to track every order placed to back us up for prosecution.
6.1. If the Seller is not the manufacturer of the Goods, it shall transfer the benefit of any warranty or guarantee that it has been given.
7. LIMITATION OF LIABILITY
7.1. The Seller shall not have any liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Seller or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract. This includes personal injury, sickness and death or by Smartbytes Design employees, agents or fraudulent misrepresentation.
7.2. The Seller shall not be liable for any defect arising from any design or specification provided or made by the Seller or if any adjustments, alterations or other work has been done to the Goods by any person except the Seller or its authorised agent.
7.3. TO THE FULLEST EXTENT PERMITTED BY LAW Smartbytes Design IS PROVIDING THIS SITE ON AN "AS IS" BASSIS AND MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS. Smartbytes Design RESERVES THE RIGHTS TO CHANGE ANY INFORMATION, PRICE AND IMPROVE THE SITE AT ANY TIME WITHOUT NOTICE.
7.4. The Seller shall not be liable where any Goods are lost or damaged in transit. All claims by the Buyer shall be made against the carrier.
7.5. All prices are correct at time of publication. Prices are subject to change E&OE.
7.6. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by sections 12, 13, 14 or 15 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
8.1. To cancel an items(s) You must send notice of cancellation by email to email@example.com with details of your name, address and order reference number.
8.2. If you have received the item(s) and you decide you do not wish to keep them, you can return the items to us within ten days from the date on which you received them provided they are returned in their original packaging, un-opened, not been used and in perfect condition 8.3. When Smartbytes Design receives details that you wish to withdraw from the contract in accordance with these terms, any sum debited to Smartbytes Design from your method of payment will be credited to you as soon as possible as when we receive your goods you wish to return to Smartbytes Design in the condition the items where delivered to you
8.4. Goods are subject to availability. In the event that the Seller is unable to supply the Goods, it shall forthwith inform the Buyer of this. If the Seller cannot meet the Buyers requirements through another product, either the Seller or the Buyer may cancel the Contract.
8.5. If the Buyer fails to return the Goods to the Seller under clause 8.3. and the Seller incurs costs in recovering the Goods from the Buyer, it shall be responsible for the costs and the Seller may deduct them from any money to be refunded.
9.1. The Seller may sub-contract the performance of any of its obligations under the Agreement to any parent, subsidiary or associated Company (as the terms are defined under Section 736 of the Companies Act 1985) but the sub-contracting shall not relieve it of any liability under the Contract.
9.2. The Seller and the Buyer shall not assign, delegate or otherwise deal with all or any of their rights and obligations under the Contract provided always that the Seller may assign the benefit or the burden of the Contract in whole or in part to any holding or subsidiary company of itself and any subsidiary or holding company of any such holding company and give notice thereof to the Buyer.
10. FORCE MAJEURE If the performance of the Contract or any obligation under it is prevented, restricted, or interfered with by reason of circumstances beyond the reasonable control of the Seller and it gives prompt notice to the Buyer, the Seller shall be excused from the performance to the extent of the prevention, restriction, or interference, but the Seller shall use its best endeavours to avoid or remove the causes of non-performance and shall continue performance under the contract with the utmost dispatch whenever the causes are removed or diminished.
11.1. Each right or remedy that the Seller and the Buyer has under the Contract is without prejudice to any other right or remedy that may exist.
11.2. In the event that any provision of the Contract is declared by any judicial or other competent authority to be void, voidable, illegal, or otherwise unenforceable or if an indication to that effect is received by either the Buyer or the Seller from any competent authority, the Buyer and the Seller shall amend that provision in such reasonable manner as achieves the intention without illegality.
11.3. If the Seller or the Buyer:
11.3.1. fails or delays to exercise any right or remedy, it shall not operate as a waiver of it; and
11.3.2. partially exercises any right or remedy, neither of them shall be precluded from further exercising the right, remedy or other power. 11.4. Any waiver of a breach of any provision of the Contract shall not:
11.4.1. be deemed to be a waiver of any subsequent breach or default; and
11.4.2. affect the other terms of the Contract.
11.5. This contract shall be governed by and construed in all respects in accordance with Dutch law. In relation to any legal action or proceedings to enforce the contract or arising out of or in connection with the contract, the Buyer and the Seller irrevocably submits to the jurisdiction of the Dutch courts and waives any objection to proceedings in the courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.