General sales conditions
I – PURPOSE
The purpose of the present general sales conditions is to inform any potential consumer 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 the parties in the sale of products by the vendor to the consumer.
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.
II – IDENTITY OF smartphoto
smartphoto group NV
VAT: BE 0405.705.766
The website can be accessed by the following URL: http://www.smartphoto.eu
III – ACCESS TO THE WEBSITE OR APP
The consumer is responsible for the installation of computer and telecommunication means enabling access to the smartphoto website or app. The consumer is responsible for the technical costs of access to the internet site.
IV – PRODUCT CHARACTERISTICS
The consumer can be informed before ordering of the essential characteristics of the product that he or she wishes to order. This information can be accessed at the home page of the website or the app.
The photographs and images of the products offered for sale are provided only as examples and in no way engage the seller.
V – PRICES
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 consumer.
VI – 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 conclude this agreement. 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 consumer and the full payment has been collected. Smartphoto recommends customers to save this information.
Upon submission of the order, it is considered that the consumer has knowingly and without exception accepted the present general sales conditions, the prices and the amounts of the products ordered.
The consumer, 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 with those already used. These choices concern in particular the selected print formats and the cropping and/or white margin options offered at the website.
It is the consumer's responsibility, if he or she does not feel sufficiently informed about the subject, to obtain assistance from the customer service of smartphoto or from other competent individuals.
VII - DISCOUNT CODES
Smartphoto’s discount codes can be used for purchases on 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.
VIII – PAYMENT
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 save your bank card details. This option can be unchecked at any time, if preferred.
- 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.
- 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.
- Payment by bank transfer:
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 any new order may be suspended in the event of a late payment for a previous order, notwithstanding the present provisions.
IX – DELIVERY
The delivery of photo 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.
X – RECEIPT
The consumer must verify, in the presence of the postal carrier, the condition of the packaging of the goods and contents upon delivery. If the consumer has any doubt of any kind, whether regarding the condition or the contents of the package, he or she must refuse the goods by immediately sending a bad order report with the postal carrier, indicating these incidents within a period of 7 days after rejection of the goods, to the contact provided in the order confirmation e-mail.
If the ordered products are not delivered (significant delay in delivery with respect to the date initially set), the consumer shall indicate this by e-mail to the contact provided in the order confirmation e-mail, so as to enable an inquiry to be carried out with the shipping provider.
XI – RETRACTION CLAUSE
In consideration of the personal nature of the products ordered at smartphoto (each customer chooses to print his or her photographs on the various products ordered), smartphoto does not provide its customers with a retraction clause.
The photo albums indeed enable the desired photographs to be selected, and the customer bears full responsibility for the selection made at the smartphoto site or app.
XII – 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 at the website or app. The order submission confirmation e-mail contains all of the information regarding the products ordered (photographs selected, formats and options selected) and enables both parties to note 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 photograph 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 7 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 period of 48 hours following the complaint, smartphoto shall inform the customer of the validity / invalidity of the complaint: in the first case, smartphoto shall re-send 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). The return costs are covered by smartphoto, which will reimburse the customer with discount points which may be used on the next order.
In the event of failure to comply with the procedure described above and the periods indicated, the consumer cannot make any complaint for non-compliance or visible defect of the delivered products, 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 problem with the camera ...);
- during shipping (cf. article IX of the present general sales conditions);
- 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).
XIII – RESPONSIBILITIES
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 of use. Smartphoto specifically states that the customer alone is responsible for obtaining the intellectual property rights for the photographs ordered 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.
XIV – PARTIAL INVALIDITY
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.
XV – INFORMATION TECHNOLOGY AND FREEDOM
The information collected by smartphoto in any consumer order is necessary for the management of the order by smartphoto and its commercial partners. Members and customers have the right to access, correct and delete any data concerning them. This right can be exercised at any time by writing to smartphoto at the e-mail address firstname.lastname@example.org or by sending a letter to smartphoto.
XVI – CUSTOMER SERVICE AND ORDER FOLLOW-UP
Before, during and after each order, the consumer can contact smartphoto via the customer service. Smartphoto's contact information is available at the home page 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 backup copies of images uploaded by you. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material uploaded onto our websites or app.