General sales conditions
Last update: 25 June 2019
The purpose of the present general sales conditions is to inform any potential customer of the conditions and modalities under which smartphoto™ carries out the sale and delivery of ordered products, and to define the rights and obligations of each party.
Any order at smartphoto™ requires adherence to these general sales conditions. A single click validating the order will imply irrevocable and definitive consent on the part of the customer to all of these conditions.
Smartphoto™ reserves the right to modify the present general sales conditions at any time.
IDENTITY OF SMARTPHOTO™
smartphoto group NV
VAT: BE 0405.705.766
The website can be accessed by the following URL: https://www.smartphoto.eu
ACCESS TO THE WEBSITE OR APP
The customer shall enable access to the website of smartphotoTM. The customer is responsible for his or her system (this includes the hardware, software and telecommunication). We advise you to install antivirus software on your computer and to update it regularly. SmartphotoTM may invite you to install software (mainly editing software required during the creation of the products). The customer is responsible for the costs of internet access.
At the home page of the website or app, information about the essential characteristics of the product that the customer wishes to order, is available. The customer can consult this information before ordering.
The photographs and images of the products offered for sale are provided only as examples and do not engage smartphoto™ in any way.
YOUR UPLOADED MATERIAL
You may not use our services to post or obtain material that lead to civil or criminal liability under applicable laws, including but not limited to:
- Any material that goes against public order and good morals (e.g. obscene, threatening, pornographic or offensive material). For material that does not go against public order and good morals, but is only suitable for adults, smartphoto™ recommends that the customer, after receiving the photos or photo products, apply an ‘adult content warning label’ in the event of any further exchange.
- Any material that may violate the right to privacy, the right to public access, intellectual property or similar rights, as a result of the lack of permission of the owner of these rights.
- Any material sent from an anonymous or false address.
Smartphoto™ is not liable or responsible for the contents of your uploaded material. Smartphoto™ is neither required nor able to check the content of your uploads. If smartphoto™ acquires knowledge of content that is unlawful or illegal information, smartphoto™ will immediately prevent access to this information and report the violation to the Public Prosecutor and the competent authorities.
Smartphoto™ reserves the right to communicate any information relating to your account and your images to the competent authorities if they have made a justified request to smartphoto™. Smartphoto™ is not obliged to inform you thereof.
USE OF DATA STORAGE MATERIAL
When we receive USB sticks, CDs, memory cards or other data storage material for the development of products by smartphoto™, they will be returned to the buyer at the indicated address if clearly supplied with his name and address. If this is not the case, they will be kept for a period of three months before they are destroyed. Smartphoto™ is not responsible for loss or damage of physical data storage material.
LINKS TO THIRD-PARTY SITES OR APPS
INTELLECTUAL PROPERTY RIGHTSYour photos:
You grant smartphoto™ a non-exclusive, worldwide and royalty-free license whereby the content of your account may be copied, stored, displayed and transmitted by smartphoto™, to the extent necessary to provide our services (these services include, but are not limited to, the verification and confirmation of the password, the maintenance and development of our site and the verification of compliance with these terms). You guarantee that you will not invoke your moral rights of paternity and integrity in relation to your uploaded photos. In this way you guarantee that smartphoto™ can efficiently copy, store, display and send any copyrighted material, taking into account the way of working within the sector.
The smartphoto™ website and app:
All images, text and other forms of content, including the names and logos of smartphoto group NV, are protected by copyright, brand, trade name, patent or other intellectual property rights. You may not copy, transmit or distribute these images, text and other forms of content without the prior written consent of smartphoto group NV, unless copying, sending or distributing is necessary to use our service in accordance with our regulations. If we make third-party software available for your use, you must agree to the respective software licenses and/or guarantee before downloading the software. Each software product is subject to individual company regulations and conditions, and the agreement between you and the company concerned. We do not guarantee that the software you download does not contain infectious or destructive codes, such as viruses, worms or Trojan horses. We give no guarantees on the software of third parties that you download through our service.
In case of doubt regarding forgery, the consumer can consult the tips of the European Consumer Center Belgium (ECC Belgium) to verify the authenticity of our webshop. If the consumer has a suspicion of forgery, he can always contact the official Hotline.
By checking that you agree with our Terms and Conditions, you agree to indemnify our officers, directors, employees, agents, licensors, suppliers and other information providers of the service against any loss, expense, damage and costs, as a result of a breach of this agreement or an activity of your account (including irresponsible and wrong conduct) by you or another person who, through your actions or omissions, or for whom you are responsible at that time, had access to your account.
Any dispute, as a result of and related to the use of our service, will be initiated before a Belgian court and will be subject to Belgian law.
In the event of extrajudicial settlement of the dispute, the Consumer Mediation Service of the Federal Government is authorized to receive any request for extrajudicial settlement of consumer disputes. This service will then either handle the request itself or send it to a qualified entity. You can reach the Consumer Mediation Service via this link: www.consumentenombudsdienst.be/en. In case of disputes with a cross-border nature, you can also appeal to the European Union's Online Dispute Resolution platform via this link: ec.europa.eu.
LIMITATION OF LIABILITY
Smartphoto™ can under no circumstances be held responsible for damage resulting from use of the website or app and resulting services such as loss of profit or loss of data.
The responsibility of smartphoto™ for direct damage is limited to the amount that the user has paid for the service that caused this damage.
The sales prices of the products offered are indicated in Euros and include VAT. They do not include the shipping costs, which are billed as additional charges depending on the products ordered. These shipping costs are indicated before validation of the order by the customer.
ORDER AND SELECTION OF PRODUCTS
There is no registration fee required to open an account or to order with smartphoto™. You must be at least 18 years of age to use our service. Are you younger than 18 years old, one of your parents or your guardian must take over. By checking that you agree with our Terms and Conditions, you declare that you meet the above age requirements. To become a member with us, you must enter a valid, active email address on which we can reach you regarding the operation of our service.
Any order implies adherence, without limitation or qualification, to the present general sales conditions. Orders are made exclusively through the smartphoto™ internet site or app and are systematically confirmed by smartphoto™ by electronic mail. The registered sale will be considered to be final only after smartphoto™ has sent an order confirmation to the customer and the full payment has been collected. Smartphoto™ recommends customers to save the order confirmation on paper or as an electronic document.
Upon submission of the order, it is considered that the customer has knowingly and without exception accepted the present general sales conditions, the prices and the amounts of the products ordered.
The customer, having taken note of the products and their characteristics, assumes full responsibility for the choice of the product(s) ordered according to his or her wishes as previously determined in the order. As only the consumer knows the desired use of the products ordered, he or she is the only judge of the compatibility of these products. It is the customer’s responsibility, if he or she does not feel sufficiently informed about the subject, to seek guidance in the FAQ and customer service at smartphoto™ or from other sources.
Discount codes offered by smartphoto™ can be used for purchases from smartphoto.eu. Discount codes cannot be combined. Smartphoto™ does not take any responsibility, after a purchase has been completed, for discount codes that have been wrongly used.
The order must be paid in full upon confirmation of the order. All orders are payable in Euros. The customer can pay by bank card and by bank transfer:
- Payment by bank card:
- Bank card payments are processed via Adyen. The transmission of bank information from the servers of Adyen to the bank's server is executed via SSL encryption. The data provided (card number and expiration date) are thus encrypted. To provide you with the best possible service, we can save your bank card details. If preferred, you can tick this option.
- Smartphoto™ accepts PayPal, international Mastercard and international Visa cards. We’ll consider the order to be effective when the bank card processing company confirmed the payment. In the event of denial by the processing company, the order will be cancelled.
- Payment by bank transfer:
- Customers can pay by bank transfer. In this case, the customer will receive an invitation to wire the amount to the bank account of smartphoto™. For identification purposes, you need to add the reference to the payment. The production of the order will start when the order has been fully paid on the bank account of smartphoto™. This means that the customer needs to pay the bank charges if applicable.
The customer assures smartphoto™ that he or she has the authorization for using the chosen payment method, when submitting the purchase order. Smartphoto™ reserves the right to suspend or cancel any order and/or delivery, of any type and at any status of execution, in the event of failure to pay any amount due by the customer, or in the event of a payment problem.
The delivery of personalised products will take place via the postal service of your country or via international delivery services. Smartphoto™ cannot be held responsible for delays in delivery at the hands of the postal service or other delivery services. The delivery times indicated on the website or app are indicative only and do not take delays into account. Delays in delivery may, in no case, result in any form of compensation, refund or cancellation of an order.
What happens if the package with your order gets lost?
If your order does not arrive within 2 weeks after the order confirmation date, you have 2 weeks to inform us. Smartphoto™ will reprint your order without charging additional costs or will refund the total amount of your order. The choice between these 2 options is reserved to smartphoto™.
What happens if the delivery service fails to deliver the order to the recipient?
Make sure that the delivery of your order is possible. You need to fill in a complete and correct address and make sure your mailbox is accessible and that it bears the name of the recipient. You cannot claim any compensation for a package that was returned to smartphoto because of an error made by the customer (e.g. incorrect delivery address, address unknown, rejection of reception, not picking up the package at the post office within the time limit or otherwise). Because the logistic costs of managing returned packages far exceeds what can be reasonably accepted by smartphoto™, the reshipping of returned orders is not possible. Smartphoto™ will, at its own expense, reproduce and redeliver packages that were returned to smartphoto™ because of an error made by the delivery provider.
What happens if the order gets damaged during transport?
Simply contact our customer service within a week via the contact form when, despite the precautions taken by smartphoto™ to minimize the risk of damage during transport, your order reaches you in damaged condition. Send us therewith a picture of the damaged product. Smartphoto™ will then reproduce the damaged parts and reship the order at no additional cost to the customer.
In consideration of the personal nature of the products ordered at smartphoto™ (each customer chooses to print his or her images or personal text on the various products ordered), smartphoto™ does not provide its customers with a retraction clause.
RETURN OF NON-COMPLIANT PRODUCTS
Smartphoto™ shall allow to return products only in the following cases:
- If the products received do not match the products ordered from the website or app. The order submission confirmation e-mail contains all of the information regarding the products ordered (selected photographs , formats and options) and enables both parties to identify any error on the part of smartphoto™.
- If the delivered products have defects associated with the product itself or an incident that occurred during the printing process.
In these two specific cases, complaints must be addressed to smartphoto™ by e-mail (to the contact provided in the order confirmation e-mail) within a period of 14 days starting on the date of receipt of the goods and must include:
- The customer's contact information;
- The order reference;
- The reasons for the complaint.
Within a reasonable period following the complaint, smartphoto™ shall inform the customer of the validity/invalidity of the complaint: in the first case, smartphoto™ shall resend the ordered products. In the second case, smartphoto™ shall invite the customer to return the order for inspection of the complaint. The customer must send the ordered products along with a copy of the e-mail sent to smartphoto™ (the date of the e-mail message must appear on the paper document).In the event of failure to comply with the procedure described above and the periods indicated, the customer cannot make any complaint for non-compliance or visible defect of the delivered products, and the products shall be considered to be compliant and free of any visible defect.
No returns shall be accepted, for example for problems such as:
- considered to be subjective (associated with print preferences, etc.);
- related to a mistake in the choice of the product and/or its options by the customer in the order, which occurred; while taking the photograph (flaw in the photograph, technical or adjustment problems with the camera, ...), during shipping (cf. ‘Delivery’ of the present general sales conditions) or during restoration work and/or cleaning of the products (smartphoto™ specifically invites its customers to carefully read the suggestions for maintenance of the various associated products).
You are entitled to the legal guarantee for two years. This applies to any lack of conformity of the products ordered by you.
This means that the delivered product must be in accordance with the description that you can find on our website, meets the functionalities that you can expect, must be suitable for the purposes that products of the same type usually serve, offers the performance and qualities that you can reasonably expect from the product, and is free from defects. From the moment you discover a defect, you have two months to contact us via email@example.com.
Up to 6 months after the delivery of your product, you only have to prove that there is a defect. Afterwards we can ask you to prove effectively that the defect already existed at the moment of purchase. If possible, we will then repair or replace your product.
To appeal to the legal guarantee, please contact us via firstname.lastname@example.org.
The legal guarantee does not apply if you knew that the defect already existed at the time of purchase or if it was caused by you.
The products offered by smartphoto™ comply with the European legislation in force.
Smartphoto™ cannot be responsible for any direct or indirect losses that may occur as a result of product orders.
Smartphoto™ invites each of its customers to regularly read its general conditions. Smartphoto™ specifically states that the customer alone is responsible for obtaining the intellectual property rights for the uploaded material and that the company is obligated to hand over to the authorities any order that does not comply with the European laws in force (and more specifically the legal provisions on pornography, violence and pedophilia).
The customer indemnifies smartphoto™ against any complaints and/or claims of any person regarding the ordered products.
If one or more stipulations of the present general sales conditions are considered to be invalid or declared as such under a law, regulation or following a final decision of a competent court, the force and scope of the other stipulations shall be maintained.
INFORMATION TECHNOLOGY AND FREEDOM
The information collected by smartphoto™ in any customer order is necessary for the creation of the order by smartphoto™ and its commercial partners. Members and customers have the right to access, correct and delete any data concerning themselves. This right can be exercised at any time by writing to smartphoto™ at the e-mail address email@example.com or by sending a letter to smartphoto™.
CUSTOMER SERVICE AND ORDER FOLLOW-UP
Before, during and after each order, the customer can contact smartphoto™ via the customer service. Our contact information is available at the bottom of the home page (‘About smartphoto’) of the website or app. The customer is advised to keep backups of all material provided to us. In particular, it is up to you to keep back-up copies of images uploaded by you. We will not be responsible for keeping back-ups or for the loss of, deletion or corruption of any images or any other material uploaded onto our website or app.