Terms & Conditions
Terms & Conditions
These Terms and Conditions, together with any and all other
documents referred to herein, set out the terms under which Goods are sold by
Us through the website that you are currently using (‘Website’). Please read these Terms and Conditions
carefully and ensure that you understand them before ordering any Products from
Our Site.
No part of this Website is intended to constitute a
contractual offer capable of acceptance.
The Purchaser’s order constitutes a contractual offer and our acceptance
of that offer is deemed to occur upon our sending a dispatch email (‘Dispatched
Email’) to the Purchaser indicating that the order has been fulfilled and has
been dispatched. These terms and Conditions shall govern any Contract for sale
to the exclusion of any other terms and conditions, including any terms and
conditions which the Purchaser may purport to apply under any purchase order,
confirmation of order or similar documentation.
Definitions and Interpretation
In this Agreement the following terms shall have the
following meanings:
“Account”
means collectively the personal information, Payment
Information and credentials used by Users to access Paid Content and / or any
communications System on the Website;
“Carrier”
means any third party responsible for transporting purchased
Goods from our Premises to customers;
“Contract”
Means the contract for the purchase and sale of Goods, as
explained in clause 10.2
“Content”
means any text, graphics, images, audio, video, software,
data compilations and any other form of information capable of being stored in
a computer that appears on or forms part of this Website;
“Goods”
means any products that Smart Tech Systems ltd. advertises
and / or makes available for sale
through this Website;
“Smart Tech Systems ltd.”
means Smart Tech Systems ltd. registered with VAT Nr.:
BG203399019 in Bulgaria, European Union;
“Service”
means collectively any online facilities, tools, services or
information that Smart Tech Systems ltd. makes available through the Website
either now or in the future;
“Order”
Means the Purchasers order for the Goods
“Payment Information”
means any details required for the purchase of Goods from
this Website. This includes, but is not
limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchaser”
means any person or business that buys Goods from Smart Tech
Systems ltd. from this Website;
“Purchase Information”
means collectively any orders, invoices, dispatch notes,
receipts or similar that may be in hard copy or electronic form;
“Premises”
Means our place(s) of business located at 32 Osvobozhdenie
blvd, Plovdiv 4023, Bulgaria, European Union;
“System”
Means any online communications infrastructure that Smart
Tech Systems ltd. makes available through the Website either now or in the
future. This includes, but is not limited
to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Website and is not
employed by Smart Tech Systems ltd. and acting in the course of their
employment; and
“Website”
means the website that you are currently using and any
sub-domains of this site unless
expressly excluded by their own terms and conditions.
Business Customers
These Terms and Conditions apply to business customers only.
International Customers
If a Purchaser buying internationally, they are advised to
contact their local customs authorities for further details on costs and
procedures. The Purchaser of the Goods
will also be the importer of record and as such should ensure that the purchase
is in full compliance with the laws of the country into which the Goods are
being imported. Please be aware that
Goods may be inspected on arrival at port for customs purposes and Smart Tech
Systems ltd. gives no guarantee that the packaging of the Goods will be free of
signs of tampering.
Intellectual Property
Subject to the exceptions in Clause 5 of these Terms and
Conditions, all Content included on the Website, unless uploaded by Users,
including, but not limited to, text, graphics, logos, icons, images, sound
clips, video clips, data compilations, page layout, underlying code and
software is the property of Smart Tech Systems ltd., our affiliates or other
relevant third parties. By continuing to
use the Website you acknowledge that such material is protected by applicable Bulgarian,
European Union and International intellectual property and other laws.
Subject to Clause 6 you may not reproduce, copy, distribute,
store or in any other fashion re-use material from the Website unless otherwise
indicated on the Website or unless given express written permission to do so by
Smart Tech Systems ltd.
Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual
Property rights including, but not limited to, Copyright and Trademarks, in
product images and descriptions belong to the manufacturers or distributors of
such products as may be applicable.
Subject to Clause 6 you may not reproduce, copy, distribute,
store or in any other fashion re-use such material unless otherwise indicated
on the Website or unless given express written permission to do so by the
relevant manufacturer or supplier.
Fair Use of Intellectual Property
Material from the Website may be re-used without written
permission where any of the exceptions detailed in Chapter III of the Copyright
Designs and Patents Act 1988 apply.
Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not
under the control of Smart Tech Systems ltd. or that of our affiliates. We assume no responsibility for the content
of such websites and disclaim liability for any and all forms of loss or damage
arising out of the use of them. The
inclusion of a link to another site on this Website does not imply any
endorsement of the sites themselves or of those in control of them.
Use of Communications Facilities
When using the enquiry form or any other System on the
Website you should do so in accordance with the following rules:
obscene or vulgar language must not be used;
Content that is unlawful or otherwise objectionable must not
be submitted. This includes, but is not
limited to, Content that is abusive, threatening, harassing, defamatory,
ageist, sexist or racist;
Content that is intended to promote or incite violence must
not be submitted;
the means by which Users identify themselves must not
violate these Terms and Conditions or any applicable laws; and
our System must not be used for unauthorised
mass-communication such as “spam” or “junk mail”.
You acknowledge that Smart Tech Systems ltd. reserves the
right to monitor any and all communications made to us or using our System.
You acknowledge that Smart Tech Systems ltd. may retain
copies of any and all communications made to us or using our System.
Accounts
If you create an Account on our Website, the Account will
contain certain personal details and/or Payment Information which may vary
based upon a User’s use of the Website.
By continuing to use this Website you represent and warrant that:
all information you submit is accurate and truthful;
if you are buying on behalf of your employers, you have the
authority to submit Payment Information where any such authority is required;
and
you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your
representation and warranty.
It is recommended that you do not share your Account
details, particularly your username and password. Smart Tech Systems ltd. accepts no liability
for any losses or damages incurred as a result of your Account details being
shared by you. If you use a shared
computer, it is recommended that you do not save your Account details in your
internet browser.
If you have reason to believe that your Account details have
been obtained by another without consent, you should contact Smart Tech Systems
ltd. immediately to suspend your Account.
Orders
The Website will guide you through the ordering
process. Before submitting your Order to
us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your
Order carefully before submitting it.
No part of the Website constitutes a contractual offer
capable of acceptance. Your Order
constitutes a contractual offer that we may, at our sole discretion,
accept. Our acknowledgement of receipt
of your Order does not mean that we have accepted it. Our acceptance is indicated by us sending you
a Dispatch Confirmation by email. Only
once we have sent you a Dispatch Confirmation will there be a legally binding
Contract between us and you.
Payment
Payment for Goods online and related VAT and delivery
charges must be made in advance and you will be prompted to pay during the
ordering process.
Goods, Pricing and Availability
Whilst every effort has been made to ensure that all
graphical representations, Product Specifications and descriptions of Goods
available from Smart Tech Systems ltd. correspond to the actual Goods, Smart
Tech Systems ltd. is not responsible for any variations from these
descriptions. This refers only to
variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect
Goods.
Where appropriate, you may be required to select the
required size, model, colour number, and other features of the Goods that you
are purchasing.
Smart Tech Systems ltd. does not represent or warrant that such
Goods will be available. Stock
indications are provided on the Website for guidance only.
All pricing information on the Website is correct at the
time of going online. Smart Tech Systems
ltd. reserves the right to change prices and alter or remove any special offers
from time to time and as necessary. All
pricing information is reviewed and updated regularly.
In the event that prices are changed during the period
between an order being placed for Goods and Smart Tech Systems ltd. processing
that order and taking payment, you will be contacted prior to your order being
processed with details of the new price;
Smart Tech Systems ltd.’s VAT number is BG203399019.
Property, Risk and Account of Profits
Title in Goods will not pass to the Purchaser until the full
purchase price for those Goods has been received by Smart Tech Systems ltd.. Title remains with Smart Tech Systems ltd.
until payment is complete.
If the Purchaser sells the Goods on to its own customers in
any form, either as purchased from Smart Tech Systems ltd. or forming a
component part of a larger Good, and any amount of the purchase price payable
to Smart Tech Systems ltd. remains outstanding, the Purchaser must account to Smart
Tech Systems ltd. for the proceeds of such a sale. The Purchaser is then required to hold such
proceeds on trust for Smart Tech Systems ltd. until payment has been received
in full by Smart Tech Systems ltd..
Smart Tech Systems ltd. reserves the right to trace all
proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696. Once the payment date has passed, if any sums
remain outstanding, Smart Tech Systems ltd. has the right to enter the
Purchaser’s premises and remove any Goods which, by virtue of sub-Clause 13.1,
remain the property of Smart Tech Systems ltd..
Delivery
Smart Tech Systems ltd. shall arrange for the delivery of
the Goods on or as near as reasonably possible to the delivery range detailed
in the Dispatch Conformation to the address specified in your Order.
Subject to the specific terms of any special delivery
service, delivery may take place at any time of the day and must be accepted at
any time of the day. If Smart Tech Systems ltd. receives no communication from
you, within 7 days of delivery you are deemed to have received the Goods.
If you fail to take delivery of the Goods Smart Tech Systems
ltd. may, at its discretion and without prejudice to any other rights:
(a) store or arrange for the storage of the Goods and shall
charge you for all associated costs and expenses including, but not limited to,
transportation, storage and insurance; and / or
(b) Make arrangements for the redelivery of the Goods and
shall charge you for the costs of such redelivery.
If redelivery is not possible under sub-Clause 14.3(b), you
shall be required to collect the Goods from Smart Tech Systems ltd. premises
and shall be notified of the same. Smart
Tech Systems ltd. reserves the right to charge you for all associated costs
including, but not limited to, storage and insurance.
Returns Policy
Smart Tech Systems ltd. aims to always provide high quality
Goods that are fault free and undamaged.
On occasion however, goods may need to be returned. Returns are governed by these Terms and
Conditions.
Incorrect Goods
If the Purchaser receives Goods which do not match those
ordered, unless accompanied by an explanatory note detailing the changes,
stating reasons for the changes and setting out your options, the Purchaser
should contact us within 3 working days to arrange collection and return. The Purchaser will be given the option to
have the Goods replaced with those ordered (if available) or to be refunded
through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon
our receipt of the returned Goods.
Defective Goods
If any Goods purchased have faults when they are delivered,
the Purchaser should contact Smart Tech Systems ltd. within 7 working days to
arrange collection and return. Goods
must be returned in their original condition with all packaging and
documentation. The Purchaser will be
given the option to have the Goods replaced with the same Goods (if available)
or to be refunded through the payment method used when the Goods were
purchased. Refunds and replacements will
be issued upon our receipt of the returned Goods and on the day we agree you
are entitled to a refund
Goods Damaged in Transit
If Goods are damaged in transit and the damage is apparent
on delivery, the Purchaser should sign the delivery note to the effect that the
goods have been damaged. In any event,
such damage should be reported to Smart Tech Systems ltd. within 48 hours of
delivery to arrange collection and return.
The Purchaser will be given the option to have the Goods replaced with
the same Goods (if available) or to be refunded through the payment method used
when the Goods were purchased. Refunds
and replacements will be issued upon our receipt of the returned Goods.
Please note that you will not be eligible to claim under
clause 15.1-15.3 if We informed you of the fault(s), damage or other problems
with the Products before your purchase of the them (and it is because of the
same issue that you now wish to return them); if you have purchased the
Products for an unsuitable purpose that is neither obvious nor made known to Us
and the problem has resulted from your use of the Products for that purpose; or
if the problem is the result of normal wear and tear, misuse or intentional or
careless damage.
To return Products to us for any reason under this Clause
15.1-15.3, please contact us to arrange for a collection and return.
Refunds (whether full or partial, including reductions in
price) under this Clause 11 will be issued within 14 Calendar Days of the day
on which we agree that you are entitled to the refund.
Returns for any other Reason
If the Goods have been dispatched or have reached you, but
you decide that they are no longer required, Smart Tech Systems ltd. may at
their sole discretion allow you to return the Goods within 60 days of
receipt. If Smart Tech Systems ltd.
permits the return of Goods under this clause 16, the Goods can only be
returned if
Their packaging remains unopened and the Goods can be
re-sold, as new, without any additional work on the part of Smart Tech Systems
ltd..
The Purchaser firsts, obtains the prior agreement in writing
of Smart Tech Systems ltd.;
The Purchaser returns such Goods at his risk and cost;
The Purchaser pays Smart Tech Systems ltd. a re-stocking fee
which represents a percentage of not less than 30 % of the Purchase Price (such
percentage to be advised by Smart Tech Systems ltd.); and
The Purchaser indemnifies Smart Tech Systems ltd. against
any cost incurred by Smart Tech Systems ltd. in rectifying any deterioration of
the Goods caused by incorrect storage or
use while in the Purchasers possession
If the Purchaser wishes to return Goods to Smart Tech
Systems ltd. for any of the above reasons, please contact us to make the
appropriate arrangements.
Smart Tech Systems ltd. reserves the right to exercise
discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in
the exercise of this discretion include, but are not limited to:
Any use or enjoyment that you may have already had out of
the Goods;
Any characteristics of the Goods which may cause them to deteriorate
or expire rapidly;
The fact that the Goods consist of audio or video recordings
or computer software and that the packaging has been opened;
Any discounts that may have formed part of the Purchase
Price of the Goods to reflect any lack of quality made known to the Purchaser
at the time of purchase.
Guarantee
The Goods may be provided with a manufacturer’s
guarantee. For further details and
terms, please refer to the manufacturer’s guarantee documentation supplied with
the Goods.
Privacy
Use of the Website is also governed by our Privacy Policy
which is incorporated into these terms and conditions.
The Website places cookies onto your computer or
device. These cookies are used for the
purposes described herein. Full details
of the cookies used by the Website and your legal rights with respect to them
are included in our Privacy Policy. By
accepting these terms and conditions, you are giving consent to Smart Tech
Systems ltd. to place cookies on your computer or device. Please read the information contained in the
Privacy Policy prior to acceptance.
Disclaimers
Smart Tech Systems ltd. makes no warranty or representation
that the Website will meet your requirements, that it will be of satisfactory
quality, that it will be fit for a particular purpose, that it will not
infringe the rights of third parties, that it will be compatible with all
systems, that it will be secure and that all information provided will be
accurate. We make no guarantee of any specific results from the use of our
Services.
No part of this Website is intended to constitute advice and
the Content of this Website should not be relied upon when making any decisions
or taking any action of any kind.
No part of this Website is intended to constitute a
contractual offer capable of acceptance.
Whilst Smart Tech Systems ltd. uses reasonable endeavours to
ensure that the Website is secure and free of errors, viruses and other
malware, all Users are advised to take responsibility for their own security,
that of their personal details and their computers.
Changes to the Service and these Terms and Conditions
Smart Tech Systems ltd. reserves the right to change the
Website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any
changes to the Terms and Conditions from the first time the Website is used by
them following the changes. If Smart
Tech Systems ltd. is required to make any changes to Terms and Conditions
relating to sale of Goods by law, these changes will apply automatically to any
orders currently pending in addition to any orders placed by Purchasers in the
future.
Availability of the Website
The Service is provided “as is” and on an “as available”
basis. We give no warranty that the
Service will be free of defects and / or faults. To the maximum extent permitted by the law we
provide no warranties (express or implied) of fitness for a particular purpose,
accuracy of information, compatibility and satisfactory quality.
Smart Tech Systems ltd. accepts no liability for any
disruption or non-availability of the Website resulting from external causes
including, but not limited to, ISP equipment failure, host equipment failure,
communications network failure, power failure, natural events, acts of war or
legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, Smart Tech Systems
ltd. accepts no liability for any direct or indirect loss or damage,
foreseeable or otherwise, including any indirect, consequential, special or
exemplary damages arising from the use of the Website, the sale and purchase of
the Goods, in Contract, tort (including negligence), and breach of statutory
duty or otherwise, arising under or in connection with the Contract.
Users should be aware that they use the Website and it’s
Content at their own risk.
Nothing in these Terms and Conditions excludes or restricts Smart
Tech Systems ltd.’s liability for death or personal injury resulting from any
negligence or fraud on the part of Smart Tech Systems ltd., any breach of the
terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet
possession) and defective products under the Consumer Protection Act 1987
Whilst every effort has been made to ensure that these Terms
and Conditions adhere strictly with the relevant provisions of the Unfair Contract
Terms Act 1977, in the event that any of these terms are found to be unlawful,
invalid or otherwise unenforceable, that term is to be deemed severed from
these Terms and Conditions and shall not affect the validity and enforceability
of the remaining terms and conditions.
This term shall apply only within jurisdictions where a particular term
is illegal.
Subject to clause 22.3, Smart Tech Systems ltd. total
liability to you in respect of all losses arising under or in connection with
the Contract, whether in contract, tort (including negligence) breach of
statutory duty or otherwise, shall in no circumstances exceed the purchase
price of the Goods.
No Waiver
In the event that any party to these Terms and Conditions
fails to exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and
Conditions and any prior versions thereof, the provisions of these Terms and
Conditions shall prevail unless it is expressly stated otherwise.
Third Party Rights
Nothing in these Terms and Conditions shall confer any
rights upon any third party. The
agreement created by these Terms and Conditions is between you and Smart Tech
Systems ltd..
Notices
All notices / communications shall be given to us either by
post to our Premises (see address above) or by email to Smart Tech Systems ltd.. Such notice will be deemed received 3 days
after posting if sent by first class post, the day of sending if the email is
received in full on a business day and on the next business day if the email is
sent on a weekend or public holiday.
Smart Tech Systems ltd. may from time to time send you
information about our products and/or services.
If you do not wish to receive such information, please click unsubscribe
in the email you receive from us.
Law and Jurisdiction
These Terms and Conditions and the relationship between you
and Smart Tech Systems ltd. shall be governed by and construed in accordance
with the Law of Bulgaria, European Union and Smart Tech Systems ltd. and you
agree to submit to the exclusive jurisdiction of the Courts of Bulgaria,
European Union.