GENERAL TERMS AND CONDITIONS

Introduction

The website as a whole is the property of SMART CAR REPAIR, as are all rights relating to it. Any reproduction, in whole or in part, of this website is prohibited without the express permission of the owners. However, hyperlinks to the site are allowed without specific request.

1. Acceptance of the terms

When placing the order, the customer acknowledges having taken note of the special conditions of sale stated in this document. Since these terms and conditions govern the contractual relations between SMART CAR REPAIR and its customer, both parties accept them without reservation. These general terms and conditions of sale supersede all other terms and conditions in any other document, unless otherwise expressly agreed in writing beforehand.

2. Products

The photos illustrating the products are not part of the contractual provisions. SMART CAR REPAIR cannot be held liable in any way for errors that might occur therein. The weight of the fresh products corresponding to our dried products is given for information purposes only and does not bind SMART CAR REPAIR in any way. That recommended weight is specific to the product category, its type and the drying process. Consequently, the commercial reference weight is only that of the product in the dried state.

3. Order

The automatic registration systems serve as proof of the order’s nature, content and date. SMART CAR REPAIR confirms acceptance of the order to the customer by e-mail at the e-mail address provided by the customer, and where not provided, by telephone or letter. The sale is definitively concluded only once the order has been confirmed. SMART CAR REPAIR reserves the right to cancel an order placed by a customer with whom there is a dispute over the payment of a previous order. The information provided by the buyer at the time of the order constitutes a contractual obligation. The seller cannot be held liable in any way for the non-delivery of the ordered products should the recipient’s data contain errors.

4. Delivery

For reasons of availability, SMART CAR REPAIR may propose to the customer to postpone delivery until the missing item is back in stock, or to replace the missing item with an item of the same category, or to cancel the order for the missing item. Under no circumstances will the same order be dispatched in different parts. If the customer wants goods to be delivered to two different addresses, he/she must place two orders and pay the shipping costs each time. Once it has agreed to the contents of the order and confirmed it, SMART CAR REPAIR undertakes to deliver all ordered items within the shortest possible time.

The carrier has entered a contract with SMART CAR REPAIR and undertakes to deliver the order to the address provided by the buyer to SMART CAR REPAIR. For deliveries outside Belgium, the customer undertakes to pay all import duties, customs duties, value added tax and all other taxes applicable in the country where the order is to be delivered. SMART CAR REPAIR expressly declines any legal liability for non-payment of such taxes by the customer. All orders placed with SMART CAR REPAIR are for the personal use of the customers. It is strictly forbidden for the customers or recipients of the products to resell them in whole or in part. Delivery is made by Bpost via TAXIPOST with 24-hour tracking for Belgium and via TAXIPOST INTERNATIONAL BUSINESS with tracking for the EU Member States, or by the international postal services for all other countries outside the EU. Possible delays do not entitle the buyer to claim compensation.

Depending on the customer’s place of residence, the average delivery time in Belgium varies from 1 to 5 working days. If the customer has not received a package or notification within a period of 7 working days from the dispatch date announced by SMART CAR REPAIR, he/she needs to check at the post office in charge of delivering his/her post whether the package delivery is pending. If the package delivered is in a very bad condition, the customer must open it without delay and check it in the presence of the delivery person. If the products are damaged, SMART CAR REPAIR advises its customer to refuse the package and to write on the delivery note ‘package refused due to damage’. If the package has clearly been opened and one or several items are missing, SMART CAR REPAIR also advises the customer to refuse the package and to file a declaration of theft at the post office. This official report must subsequently be sent to SMART CAR REPAIR.

In case of visible defects, the buyer is entitled to return the package in accordance with the conditions stipulated in this document. The following events are considered as cases of force majeure and shall release the seller from its obligation to deliver: war, riot, fire, strike, accidents and the inability to get supplies. The merchandise is always transported at the recipient’s own risk. Systematically check your package upon receipt. In the event of a missing item or damage, you have a period of 48 hours to lodge an objection with the carrier. Under no circumstances shall SMART CAR REPAIR be held responsible for non-compliance with the delivery times announced by the carrier. In case of delay due solely to the carrier’s fault, no compensation or refund can be claimed from SMART CAR REPAIR.

5. Take-back

The buyer may only return an item to SMART CAR REPAIR’s place of business if the product is intact, i.e. unpacked and undamaged. In addition, a product will only be accepted if it is returned by the DHL courier, with signature upon receipt. Any other return that could jeopardize the traceability of the shipment will be refused. After determining the non-conformity of the item upon receipt, we will replace it with an identical product, subject to availability.

6. Prices

Prices are given in euro. The price indicated on the product data sheets does not include transport costs. The price stated in the order confirmation is the final price, including all taxes and VAT for Belgium and the EU Member States. This total includes the price of the products, the products’ handling, packaging and storage costs, the transport costs and, where appropriate, commissioning.

7. Payment

The price invoiced to the customer is the price stated in the order confirmation sent by SMART CAR REPAIR. That price is payable in cash the day the order is actually placed.

The customer can process his/her payment online in a secure environment through the OGONE provider. The bank card number is handled by the OGONE server; the payment is made directly in a secure environment and not through the store’s server. This secure method is very important as only our partner OGONE knows the customer number.

The order confirmed by the customer is only effective when the relevant payment centres have given their consent. If the aforementioned centres deny their consent for any reason, the order will be automatically cancelled and the customer will be informed by e-mail. In addition, SMART CAR REPAIR reserves the right to refuse any order from a customer with whom there is a dispute.

8. Disputes

This contract is governed by Belgian law. Under no circumstances may SMART CAR REPAIR be held liable for damages of any kind, whether material, intangible or physical, that may result from the malfunction or misuse of the products sold. This also applies to any changes made to products by the manufacturers. In any case, the responsibility of SMART CAR REPAIR is limited to the amount of the order and the company cannot be held liable for common errors or omissions that may occur despite the precautions taken in the presentation of the products. In the event of any problems regarding the performance of this contract, the buyer has the option, before filing any legal claim, to seek an amicable settlement, in particular through the intermediary of a professional association in the sector, a consumer association or any other advisory body of his/her choice. It has to be emphasised here that the search for an amicable settlement does not affect the ‘short term’ of the statutory warranty, nor the duration of the contractual warranty. It should also be stressed here that, as a rule and subject to the court ruling, compliance with the provisions of the present contract in connection with the warranty presupposes that the buyer fulfills his/her financial obligations towards the seller. Complaints or disputes will always be examined carefully and favourably, because it is assumed that the person who makes the effort to explain his or her situation is acting in good faith. In the event of a dispute, the customer will first contact the company in order to reach an amicable settlement. If no agreement can be reached, only the BRUSSELS commercial court shall have jurisdiction.

9. Warranty

With regard to foodstuffs, the specified use-by dates must be respected by the customer. Under no circumstances may SMART CAR REPAIR be held liable for non-compliance with the provisions and legal regulations in force in the importing country. The responsibility of SMART CAR REPAIR is systematically limited to the value of the disputed product, which is the value on the sale date. No legal action may be taken against the brand or company that manufactures the product.

10. Statutory provisions

The disclosure of personal data in the context of distance selling is mandatory, since this information is necessary for the processing and delivery of the order, as well as for issuing invoices. This information is strictly confidential. Failure to provide this information will lead to the automatic cancellation of the order.

The seller undertakes not to disclose to third parties the information provided by the customers. This data is only intended for internal use, in other words to manage orders, invoicing, service provision, solvency, marketing and customer-oriented advertising. This list is not exhaustive by the way.

The seller undertakes to comply with the principles of the Belgian law of 8 December 1992 for the protection of privacy with regard to the processing of personal data. In this respect, the customer who has placed an order on the seller’s website is always entitled to access, correct or delete the personal data that the seller has recorded about him/her. To exercise that right, he/she can contact us via the “contact” page on the website, or send us a letter to the following address: SMART CAR REPAIR, Rue des tanneurs, 1000 Brussels, Belgium.

11. Participation in competitions

We may organise competitions. In order to take part you must register on the WWW.SMARTCARREPAIR.BE website and therefore share your personal data. The information recorded as a result of your participation will be used to contact you if you have won.

12. Modification of this document

In order to adapt to changing laws and technology, this document may be amended over time. We may add, edit or delete portions of text if we deem it appropriate. Whenever this document is updated, the date on which changes were made will be provided.