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.

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