Terms and Conditions

E-mail: info@slimmedeals.nl

Website: smartdeals.nl

Definitions

Smart Deals, established in Rozenburg under Chamber of Commerce no. 89317998.
Customer: the person with whom Smart Deals has entered into an agreement.
Parties: Smart Deals and customer together.
Consumer: a customer who is also an individual and who acts as a private person.

Article 1 - Applicability of general terms and conditions

These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Smart Deals.
The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Article 2 - Prices

All prices used by Smart Deals are in euros, including VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
All prices that Smart Deals uses for its products, on its website or otherwise made known, Smart Deals can change at any time.
Increases in the cost prices of products or parts thereof, which Smart Deals could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Article 3 - Samples and Models

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

Article 4 - Payments and term of payment

Smart Deals may require a down payment of up to 50% of the agreed amount when entering into the agreement.
The customer must pay for shipping. Unless otherwise agreed.
Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without Smart Deals having to send the customer a reminder or notice of default.
Smart Deals reserves the right to make a delivery dependent on immediate payment or to demand security for the total amount of the services or products.

Article 6 - Consequences of not paying on time

If the customer does not pay within the agreed term, Smart Deals is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day that the customer is in default, whereby part of a month becomes a whole month. is counted.
When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to Smart Deals
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Smart Deals may suspend its obligations until the customer has fulfilled its payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of Smart Deals against the customer are immediately due and payable.
If the customer refuses to cooperate in the execution of the agreement by Smart Deals, he is still obliged to pay the agreed price to Smart Deals.

Article 7 - Right of complaint

As soon as the customer is in default, Smart Deals is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
Smart Deals invokes the right of recovery by means of a written or electronic communication.
As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right relates to Smart Deals, unless the parties make other agreements about this.
The costs of returning or returning the products are the responsibility of the customer.

Article 9 - Right of withdrawal

A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product specially tailored or modified for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.)

the consumer has not waived his right of withdrawal

The cooling-off period of 14 days as referred to in paragraph 1 commences:

on the day after the consumer has received the last product or part of 1 order
as soon as the consumer has confirmed that he will purchase digital content via the internet

The consumer can make his appeal to the right of withdrawal known via Info@slimmedeals.nl, if desired using the withdrawal form that can be downloaded from the website of Smart Deals,smart deals.nl.
The consumer is obliged to return the product to Smart Deals within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse.

Article 10 - Reimbursement of delivery costs

If the consumer has made timely use of his right of withdrawal and as a result has returned the complete order to Smart Deals on time, Smart Deals will refund any shipping costs paid by the consumer within 14 days after receipt of the complete and timely returned order if the order or products damaged, incomplete or not functioning properly.

Article 11 - Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the entire order will be borne by the consumer.

Article 12 - Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article 13 - Right of retention

Smart Deals can invoke its right of retention and in that case keep products of the customer until the customer has paid all outstanding invoices with regard to Smart Deals, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Smart Deals
Smart Deals is never liable for any damage that the customer may suffer as a result of using his right of retention.

Article 14 - Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt to Smart Deals against a claim against Smart Deals

Article 15 - Retention of title

Smart Deals remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Smart Deals under any agreement concluded with Smart Deals, including claims for non-compliance.
Until then, Smart Deals can invoke its retention of title and take back the goods.
Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
If Smart Deals invokes its retention of title, the agreement is deemed to have been dissolved and Smart Deals has the right to claim compensation, lost profit and interest.

Article 16 - Delivery

Delivery takes place while stocks last.
Delivery takes place at Smart Deals, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed amounts are not paid or not paid on time, Smart Deals has the right to suspend its obligations until the agreed part has been paid.
In the event of late payment, there is creditor default, with the result that the customer cannot invoke a late delivery against Smart Deals.

Article 17 - Delivery time

The delivery times specified by Smart Deals are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery time commences when the customer has fully completed the (electronic) ordering process and has received (electronic) confirmation thereof from Smart Deals.
Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Smart Deals cannot deliver within 14 days after being notified in writing or the parties have agreed otherwise.

Article 18 - Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Article 19 - Transport costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Article 20 - Packaging and shipping

If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Smart Deals cannot be held liable for any injury.
If the customer arranges for the transport of a product himself, he must report any visible damage to products or the packaging to Smart Deals prior to transport, failing which Smart Deals cannot be held liable for any damage.

Article 21 - Custody

If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.

Article 22 - Guarantee

The warranty with regard to products only applies to defects caused by faulty manufacturing, construction or material.
The guarantee does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment when they are legally and/or actually delivered, or at least come under the control of the customer or of a third party. third party who receives the product on behalf of the customer.

Article 23 - Exchange

Exchanging purchased items is only possible if the following conditions are met:

exchange takes place within 14 days after purchase on presentation of the original invoice
the product is returned in its original packaging or with the original (price) tags still attached
the product has not yet been used

Discounted items, non-perishable items such as food, custom-made items or items specially adapted for the customer cannot be exchanged.

Article 24 - Indemnification

The customer indemnifies Smart Deals against all third-party claims related to the products and/or services supplied by Smart Deals.

Article 25 - Complaints

The customer must examine a product or service provided by Smart Deals as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Smart Deals of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
The customer provides a description of the shortcoming that is as detailed as possible, so that Smart Deals is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.

Article 26 - Notice of default

The customer must notify Smart Deals of any notice of default in writing
It is the responsibility of the customer that a notice of default actually reaches Smart Deals (in time).

Article 27 - Joint and several liability of the customer

If Smart Deals enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe to Smart Deals under that agreement.

Article 28 - Liability Smart Deals

Smart Deals is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
If Smart Deals is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
Smart Deals is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
If Smart Deals is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment of the damage amount by an insurance company, the liability is limited to the (part of the) invoice amount on which the liability relates.
All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 29 - Expiry period

Any right of the customer to compensation from Smart Deals expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

Article 30 - Right of dissolution

The customer has the right to dissolve the agreement if Smart Deals imputably fails to fulfill his obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
If the fulfillment of the obligations by Smart Deals is not permanently or temporarily impossible, dissolution can only take place after Smart Deals is in default.
Smart Deals has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if Smart Deals has become aware of circumstances that give him good grounds to fear that the customer will obligations will not be properly fulfilled.

Article 31 - Force majeure

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Smart Deals in the fulfillment of any obligation towards the customer cannot be attributed to Smart Deals in a situation independent of the will of Smart Deals, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Smart Deals.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
If a force majeure situation arises as a result of which Smart Deals cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Smart Deals can meet them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
Smart Deals does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any advantage as a result of the force majeure situation.

Article 32 - Amendment of the agreement

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
The previous paragraph does not apply to products purchased in a physical store.

Article 33 - Amendment of general terms and conditions

Smart Deals is entitled to change or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Smart Deals will discuss major substantive changes with the customer in advance as much as possible.
Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.

Article 34 - Transfer of rights

Customer rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Smart Deals
This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.

Article 35 - Consequences of nullity or voidability

If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
In that case, a provision that is void or voidable will be replaced by a provision that comes closest to what Smart Deals had in mind when drafting the conditions on that point.

Article 36 - Applicable law and competent court

Dutch law applies exclusively to every agreement between the parties.
The Dutch court in the district where Smart Deals is established/has a practice/office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

Drafted March 29, 2023