General terms and conditions SmartHome Comfort

Company data

SmartHome Comfort

Gerard van Laethemlaan 2

2650 Edegem (Belgium)

info@smarthome-comfort.com

RPR Antwerpen

BE0749.624.017

Article 1: General provisions

The e-commerce site of SmartHome Comfort, a solo proprietorship in secondary occupation with registered office at Gerard van Laethemlaan 2, 2650 Edegem, Belgium, VAT BE 0749.624.017, RLE Antwerp, (hereinafter referred to as ‘SmartHome Comfort’) offers its customers the possibility to purchase the products online from the web shop.

The present General Terms and Conditions (“Terms and Conditions”) apply to any order placed by a visitor to this e-commerce website (“Customer”). When placing an order via the SmartHome Comfort web shop, the Customer must explicitly accept the present Terms and Conditions. He hereby agrees to the applicability of the present Terms and Conditions, to the exclusion of any other terms and conditions. Additional terms and conditions of the Customer are excluded, unless they have been explicitly accepted in writing and in advance by SmartHome Comfort.

Article 2: Price

All prices mentioned are expressed in EUROS and always include VAT and all other taxes to be paid by the Customer. If delivery, reservation or administrative costs are charged, this will be stated separately. Additional postage costs may be charged for shipments to countries outside Belgium. The prices indicated exclusively relate to the items as literally described. Accompanying pictures are used by way of illustration only and may contain elements that are not included in the price. If a technical problem occurs which causes the prices to be incorrect, SmartHome Comfort has the right to refund the amount, when receiving orders during the technical issue.

Article 3: Offer

Despite the fact that the online catalogue and the e-commerce website were created with the utmost care, it is 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 SmartHome Comfort. In terms of accuracy and completeness of the information provided, SmartHome Comfort is only bound by a best effort obligation. SmartHome Comfort can in no case be held liable for obvious material, typesetting or printing errors.

The offer is valid subject to availability of the product and can be changed or revoked by SmartHome Comfort at any time. The stock levels are updated every hour, which can cause that the stock of some products might not be always accurate. SmartHome Comfort cannot be held liable for the unavailability of a product. If an offer is of limited duration or subject to conditions, this is explicitly mentioned in the offer.

Article 4: Online purchases

The Customer completes the online order form with his address and invoicing data. The Customer can choose between the following methods of payment:

• by credit card

• by debit card
• by Belfius
• by PayPal
• by iDEAL
• by Giropay

SmartHome Comfort is entitled to refuse an order due to serious non-performance by the Customer with respect to orders the Customer is involved in.

Article 5: Delivery and performance of the contract

Items ordered through this web shop are delivered to all countries. Delivery takes place by means of shipment through DHL and GLS. The delivery time for orders inside Europe is normally a maximum of four days for standard deliveries and two days for express deliveries, unless stated otherwise. Delivery times for worldwide orders outside Europe are normally a maximum of seven days for standard deliveries and four days for express deliveries, unless stated otherwise. Goods that are sold out automatically add five extra working days. These delivery times are an indication and not a deadline.

Unless agreed or explicitly determined otherwise, the goods are delivered to the address of the Customer according to the type of delivery time chosen by the Customer (standard or express) and after receipt of the order and the payment. Any visible damage and/or qualitative deficiency of an item or other defect upon delivery should be reported immediately to SmartHome Comfort by the Customer. The risk of loss or damage shall pass to the Customer at the moment in which he (or a third party other than the carrier and indicated by the Customer) has acquired material possession of the goods.

Article 6: Right of withdrawal

The provisions of this article only apply to Customers who purchase goods online from SmartHome Comfort in their capacity as consumers. The Customer is entitled to withdraw from the agreement within a period of 14 calendar days without indication of reasons. The right of withdrawal ends 14 calendar days after the day on which the Customer or a third party other than the carrier and designated by the Customer acquires material possession of the goods. To comply with the withdrawal period, the Customer needs to send the notification of exercise of his withdrawal right before the end of the withdrawal period.

In order to exercise the right of withdrawal, the Customer needs to inform SmartHome Comfort ( info@smarthome-comfort.com) of his decision to withdraw from the contract, by means of the online contact form stating his address, contact details, the invoice number and the reason for return. If the Customer withdraws from the agreement, SmartHome Comfort will reimburse all payments received from the Customer up to that moment, including standard costs of delivery, to the Customer within maximum period of 14 days after the customer has reported the return of the goods.
The direct costs of returning the goods are charged to the Customer.

If there is, in any way, a decrease in the value of the returned product, SmartHome Comfort reserves the right to hold the Customer liable and claim damages for any decrease in value of the goods resulting from the use of the goods by the Customer that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods. Only returns of items that are in their original packaging, together with all accessories, user manuals and an invoice or proof of purchase will be accepted. Any additional costs resulting from the Customer’s choice for a method of delivery other than the cheapest standard delivery offered by SmartHome Comfort will not be reimbursed.

SmartHome Comfort will reimburse the Customer using the same method of payment the Customer used for the initial transaction, unless the Customer explicitly agreed otherwise; in any case, no costs will be charged to the Customer for such reimbursement.

Article 7: Warranty

Pursuant to the Act of 21 September 2004 on the protection of the consumers, those consumers have certain legal rights when purchasing consumer goods. This legal warranty is valid as from the date of delivery to the first owner. Any commercial warranty does not affect these rights. In order to make a warranty claim, the Customer must be able to submit proof of purchase.  Customers are recommended to keep the original packaging of the goods. For items purchased online and delivered to the Customer’s home, the Customer must contact SmartHome Comfort and return the item at his own expense.

If a defect is discovered, the Customer must inform SmartHome Comfort as soon as possible. In any case, defects should be notified by the Customer within a period of two years after its discovery. After this period, there is no further entitlement to repairs or replacement. The (commercial and/or legal) warranty shall never apply to defects due to accidents, negligence, falls, use of the item for purposes it is not intended for, non-compliance with the user instructions or manual, changes or modifications made to the item, hard-handed usage, bad maintenance or any other abnormal or incorrect usage. Defects that appear after a period of 6 months from the date of purchase or delivery are not deemed to be hidden defects, unless the Customer can provide evidence to the contrary.

In case of unjustified claims for defects which were obvious to the customer, we reserve the right to charge a reasonable administration fee of up to 50,00 €. The customer is entitled to prove that lower processing costs were incurred.

Article 8: Customer service

SmartHome Comfort can be reached by email to info@smarthome-comfort.com or by post to the following address: Gerard van Laethemlaan 2, 2650 Edegem, Belgium.
All complaints, if any, can be directed here.

Article 9: Privacy

Responsible for processing, SmartHome Comfort respects the Belgian Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data. The personal data communicated by you will only be used for the following purposes: performance of the agreement entered into, processing of the order and possible advertising and/or marketing purposes.

In case of use of data for direct marketing: You have the right to object, free of charge, to any further processing of your data for direct marketing. For this purpose, you can always address this via info@smarthome-comfort.com.

SmartHome Comfort shall treat customer data by all means as confidential information and will never pass them on, rent or sell them to third parties. SmartHome Comfort keeps online (anonymous) visitor statistics to see which pages of the website are visited and with which frequency.

If you have any further questions concerning this privacy statement, you can contact us at: 
info@smarthome-comfort.com.

Article 10: Use of cookies

During a visit to the site, cookies can be placed on the hard disk of your computer. A cookie is a text file that is stored on your computer’s browser or your mobile device by the server of a website when visiting a website. Cookies cannot be used to identify people, it can only identify machines.

First-party cookies are technical cookies that are used by the visited website for the site to function in an optimal way.   E.g.  settings selected by the user during previous visits to the site, or a pre-completed form containing data about what the user did during his previous visits. Third-party cookies are cookies from any other domain than the website itself, e.g. a marketing or advertisement plug-in. E.g. cookies of Facebook or Google Analytics For such cookies, the visitor to the site must first give permission – this is done by means of a bar at the top or the bottom of the website referring to this policy. However, this does not prevent you from surfing the website.

You can set your internet browser so that cookies are not accepted, you receive a warning when a cookie is installed or cookies are removed from your hard disk afterwards.  You can do so via your browser setting (through the help button). Please take into account that some graphic elements will probably not appear (correctly) or that you will not be able to use certain applications.

By using our website, you agree to our use of cookies.

Article 11: Infringement of validity – non-waiver

If any provision of the present Terms and Conditions is found to be invalid, illegal or void, this will not affect in any way the validity, legality and enforceability of the other provisions. The failure of SmartHome Comfort to enforce any of the rights listed in the present Terms and Conditions or to exercise any of these rights at any time, will never be regarded as a waiver of these provisions and will never affect the validity of these rights.

Article 12: Changes to the terms and conditions

The present Terms and Conditions are supplemented by other terms and conditions specifically referred to, and by the general terms and conditions of SmartHome Comfort. In case of contradictions, the present Terms and Conditions shall prevail.

Article 13: Proof

The Customer accepts that electronic communications and backups can serve as proof.

Article 14: Applicable law – Disputes

The present terms and conditions are governed by Belgian law with the exception of the provisions of international private law regarding applicable law.

The courts of the Consumer’s place of residence have jurisdiction in case of legal disputes.  The Consumer can also address the ODR platform (http://ec.europa.eu/consumers/odr/).