General Contract Conditions
1. Information Prior to Contract
1.1. These general conditions (the “General Conditions”), together with, if applicable, any specific conditions that may be laid down (“Specific Conditions”), shall expressly govern access, use and the commercial relationship between the user (the “Client”) and the Trader (“SmartLuxury”) through which the latter formalises the purchase of the products offered when they are available (the “Products”) through the sales platform that is accessible at the www.smartluxury.es website (the “Online Channel”) owned by Social Ecommerce Company S.L., having CIF (Tax Identification Number) and registered office at Carretera del Palmar-Mazarrón, Km 21, Alhama de Murcia, Murcia, CP. 30840. The company is registered with the Murcia Companies Register, Volume 3002 sheet 86, page MU-82162 1st registration (“SmartLuxury”).
1.2 These General Conditions will remain in force and will be valid for all the time for which they are accessible through the Online Channel. SmartLuxury reserves the right to replace both the General Conditions and the Specific Conditions, and all legal notices, disclaimers, usage regulations and/or directives included in the Online Channel, which, if applicable, may replace, complete, and/or modify the General Conditions included herein. The Client will be subject to the General Conditions in force when the order is placed. These are in force for as long as they are displayed, until they are wholly or partially modified. The Specific Conditions will be applicable as from the time they are available to the Client.
1.3 If there is a contradiction between the terms and conditions stated in these General Conditions and those in the Specific Conditions, the conditions agreed in the latter instrument shall always prevail over any incompatible terms, but only with respect to the Products that are subject to the said specific conditions.
1.5 The legal relationship arising from registration as “Client” of the Online Channel is for an indefinite term. Either of the parties may unilaterally terminate or suspend this contractual relationship at any time and just on the grounds of a wish to do so, without prejudice to the obligations arising from orders placed prior to the termination of the relationship. The “Client” may unilaterally exercise the right to termination by cancelling accounts.
1.6 Any query, suggestion, complaint or claim regarding the online sale of the Products may be made to our Customer Care Service:
Tel: +34 679403648
Service available: 9.00 AM – 9.00 PM
2. The parties
2.1 Those consumers who are individuals or entities and act with a purpose unrelated to their commercial or business activity, job or profession, is considered a“Client” (article 3. RDL (Royal Decree-Law 1/2007)provided that they are of full legal age and accept these General Conditions and any Specific Conditions that are applicable. Minors and those users who do not fulfil the requirements laid down in these General Conditions are expressly forbidden to purchase Products through the SmartLuxury portal.
2.2. If individuals (professionals) or entities sign a contract for purchasing or selling through the SmartLuxury online portal for the purposes of commercial development, under no circumstances shall these General Conditions or any Specific Conditions be applicable to them; the said Conditions only refer to the “Client” described in the first section of this article.
3. Products Offered - Information and Availability
3.1. The Products offered through the Online Channel will be displayed on the screen with their prices and essential characteristics. The total cost of delivery to the Client's home will be displayed on the screen separately from the price and before the order is confirmed. Special offers will be suitably indicated on the screen. SmartLuxury reserves the right to decide, at any time, which Products will be included in the Online Channel and be offered to Clients through it. SmartLuxury may thus, at any moment, add new Products to those included in the Online Channel, and it shall be understood, unless otherwise stated, that these new Products shall be governed by the provisions of the General Conditions in force at that time. Likewise, SmartLuxury reserves the right to, at any time and without prior notice, cease to offer any Products offered through the Online Channel and remove them from the Channel.
3.2. All orders and purchases made through the Online Channel shall be subject to effective availability of stock of the Products when preparing to dispatch them. If any of the Products in an order is not available, SmartLuxury will inform the client, and the latter may choose to receive the order with the available products, cancel the whole order, or wait for the order to be complete before it is dispatched.
4. Prices and Delivery Charges
4.1. The prices of Products are always displayed in euros and include VAT and any other applicable tax, and will, at all times, be those in force at the time. If SmartLuxury identifies an obvious error in the price of a Product, it will inform the Client, who will have the option of reconfirming the order at the correct price or cancelling it.
4.2. The price of a product does not include shipping or transport charges. These charges are payable by the Client and will be added to the cost of the Products chosen. When there is more than one delivery option, the cost of the delivery service will be determined by the conditions and type of service selected. Before confirming the order and completing the purchase process, the Client will be duly informed of these charges, and given a breakdown of the costs.
4.3. The prices displayed in the Online Channel are only applicable to the Products offered through that Channel and for the time for which they are published. SmartLuxury and the Points of Sale expressly reserve the right to modify the prices at any time, without prior notice. However, in any case, the prices applied will be those in force as shown in the Online Channel when the corresponding order is placed.
5. Purchase Process
5.1 Users may freely access and use the Online Channel, at no charge, but SmartLuxury reserves the right to charge for this in the future.
5.2 Users wishing to purchase Products through the Online Channel will be requested to register with SmartLuxury; to that end, these Clients will have to fill in the form displayed on the Online Channel, by following the instructions shown in the form. In this registration process, Clients must only provide true and precise data.
5.3 SmartLuxury will send confirmation of registration to the email account designated by the Client. The user name and password will make it possible to access the Online Channel and make purchases, and are confidential, personal and non-transferable. The Client will not be able to change the user name, but may change the password, in which case any former passwords will no longer be valid.
The Client will be responsible for appropriately safeguarding and ensuring the confidentiality of the password, and may not transfer it to any third party, whether temporarily or permanently, nor allow any third party to use it under any circumstances. The Client must immediately inform SmartLuxury if any third party other than the Client could access the Online Channel by using that Client's password.
5.4 All product purchases made through the Online Channel after the Client has been identified and authenticated through the user name and password provided, will be considered validly made by the Client and will be binding. As a consequence, the Client will be exclusively liable and responsible for any Product purchases made through the Online Channel by any third party who makes use of the Client's user name and password. If a minor who has provided false registration information places orders through the Online Channel, this will be understood to have been done under the supervision of the child's parents, guardians or legal representatives and with their authorisation.
5.5. Once the Client has registered, to purchase a Product, the Client must add the desired product to the Shopping Basket, according to the instructions on the screen, and fill in the order form provided.
5.6. Once the purchase has been made, a confirmation of the purchase, which will serve as proof of the operation “Proof of Purchase”, will be sent to the email address provided by the Client. If so requested, SmartLuxury will later send the Client the purchase invoice. Neither the order confirmation nor the proof of Purchase will be a valid invoice.
5.7 The purchase will be understood to have been made at SmartLuxury's office.
6. Payment Method
6.1 To pay, the Client must follow each and every one of the instructions shown on the corresponding page of the Online Channel. The cost of the Products and the shipping charges may only be paid using credit or debit cards or such other payment methods indicated on the corresponding page at that time. These payment methods will be subject to checks and authorisations by the issuing institutions, but if the said institution does not authorise payment, it will not be possible to continue with the purchase process, the order will be automatically cancelled and the purchase of the requested Product or Products will be understood not to have taken place. The price of the Products, the shipping charges - if applicable - and any applicable taxes, will be charged when the order is placed
6.2. SmartLuxury has an e-commerce gateway installed as its electronic payment system. All the data provided for these purposes is encrypted to ensure maximum security. The data is stored in a secure server certified in accordance with the "Secure Socket Layer" protocol. Under no circumstances will the data provided ??by the Clients through the payment gateway be stored, and it will only be held while the purchase is made, payment is made, and until the end of the cooling-off period.
6.3. SmartLuxury reserves the right to annul the user name and password, and therefore access to the Online Channel, for those users who have debit balances or unpaid debts to SmartLuxury.
7. Delivery and Shipping Service
7.1. The delivery and shipping services are provided by a company that is independent of SmartLuxury. Whenever the geographical area or the chosen delivery time allow this, the Client may choose the Shipping Company. The cost of the delivery and shipping services will be set during the purchase process; the cost of the service will be given separately and added, with the VAT, to the final price to be paid through the payment portal, according to the process described in points 5 and 6.
7.2. The delivery time will be set in the specific conditions for the selected purchase. The Shipping Company charged with providing the shipping service will have exclusive liability for any failure to meet the delivery time; in any case, taking into account possible contingencies in the service, an additional 2 or 3 days should be granted, for deliveries in Spain, or 7 to 10 days for international deliveries, before declaring that the delivery time has not been met.
7.3. On receiving the goods, the Client is obliged to check for any damage to the packaging (dents, scratches, tears, etc) and must reject it if this is the case, noting the damage observed on the delivery note. If, once the packet has been accepted, it is noted that items are lacking or broken, that could not be noticed when it was delivered by the carrier, the Client must contact SmartLuxury within 48 hours, in order for it to claim against the Shipping Company. In any case, once the legal period laid down in Article 60 of the Act 15/2009, of 11 November, on Land Transportation Contracts has passed, it will be assumed that the products were delivered correctly. The delivery note will be sent with the Product or Products.
8. Order Cancellation
8.1 The User's right to cancel a purchase made through the Online Channel is recognised, and therefore, if the Client is not satisfied, provided that the nature of the goods bought allow this, he or she may return the Product within a maximum of 14 calendar days from the date it was delivered to the address given or collected from SmartLuxury.
The Product may be returned after contacting the Customer Care Service, which will indicate the steps to be taken. The Client may complete the following cancellation form in accordance with Act 3/2014, of 27 March, modifying the Revised Text of the General Law for the Protection of Consumers and Users and other supplementary laws, approved by Royal Legislative Decree 1/2007, of 16 November 2007.
The cost of the purchase will be returned, if applicable, by the same means of payment used to buy the Product, less the cost of shipping and return which will generally be payable by the client.
8.2 Without prejudice to the corresponding claim for damages, the right to cancel or withdraw is not applicable to those cases in which the nature of the goods purchased make this impossible, including, specifically: (i) Products made to the consumer's specifications or clearly customised or personalised; (ii) recordings of sound or video, of disks, or of IT programmes that have been unwrapped by the consumer; and (iii) computer files delivered electronically that could be immediately be copied for ongoing use; (iv) cosmetics or hygiene Products on which the seal has bee manipulated or broken; (iv) food and perishable products.
8.3 In any case, for the purposes of exercising the right to withdraw, it is essential that the Products are in perfect condition and, if part of a set of products, that the set is complete. The product must be returned, when possible, with the original packaging and the invoice. Before returning the Product, the Client must ensure that it is appropriately protected and sealed so that it suffers no damage during shipping.
8.4 If the product received by the client is defective when received, SmartLuxury will replace it whenever possible, at no cost to the Client. If the product cannot be replaced for reasons of availability, the cost of the purchase will be returned in full.
9. Manufacturer´s Guarantee
When the Product or Products purchased do not correspond to the characteristics offered, have defects that prevent normal use in accordance with their nature, or do not have the features described, the Client will have the right to have the items purchased made good for two years as from the purchase, under the conditions and with the means of proof and testing governed by the Revised Text of the General Law for the Protection of Consumers and Users, without prejudice to the rights of SmartLuxury and/or the Manufacturer to check the truth of the defects, the origin of the defects and when they became apparent. In any case, the Client must contact SmartLuxury ??or request that the product be collected within a maximum of two months from when the defect was observed, informing it as to the nature of the problem, when it became apparent and under what conditions this occurred. The Client also has a right to have the item made good in accordance with the rules in article 118 et seq. of the Revised Text of the General Law for the Protection of Consumers and Users.
10. Exoneration from Liabilities
10.1 SmartLuxury cannot guarantee the technical continuity of the Online Channel, the absence of faults or interruptions in the service, not that the Online Channel will be available or accessible for 100% of the time. Nor can it guarantee that the Online Channel or the server from which it is provided will be free of viruses or other damaging components.
10.2 SmartLuxury will not be liable for any damage caused by incorrect usage of the products it offers, and, in any case, the product's manufacturer, as indicated on the product or its packaging, will be liable for those damages that are proven by reliable and recognised means to have been caused by a product sold by SmartLuxury.
11. Personal Data Processing
12. Information and Usage Right
These conditions have been displayed with sufficient notice, in accordance with the legislation in force. SmartLuxury also makes these Purchase Conditions available in such a way that they can be stored and copied, thus fulfilling its legal duty to provide prior notice.
SmartLuxury reserves the right to modify, at any time and without prior notice, the appearance and configuration of the Online Channel, its features and functionality and/or its content. You expressly recognise and accept that SmartLuxury may, at any time, interrupt, disable and/or cancel access to and/or use of the Online Channel, without SmartLuxury having any liability as a result.
If any provision or provisions in these Purchase Conditions were to be considered wholly or partially void or unenforceable by any Court, Tribunal or administrative body having jurisdiction over them, said voiding or invalidity will not affect the other provisions. In this case, the clause or clauses affected will be replaced by another clause or clauses having the effect closest to those replaced.
13. Applicable Law
These Conditions have been drafted in accordance with the provisions of Act 34/2002 on Information Society Services and Electronic Commerce, Act 7/1998 on General Contract Conditions, Royal Legislative Decree 1/2007, of 16 November approving the Revised Text of the General Law for the Protection of Consumers and Users and other supplementary laws, Act 7/1996, of 15 January on Retail Trade Regulation, Act 34/2002 of 11 July on Information Society Services and Electronic Commerce, Royal Decree-Law 14/1999 regulating Electronic Signatures, Act 15/2009, of 11 November, on Land Transportation Contracts and whatever legal provisions are applicable.