General terms and conditions

1. Applicability

In these General Terms and Conditions, the following terms are considered as:

  • ‘Smappee’: Smappee NV Smappee, with registered office at Evolis 100, 8500 Kortrijk, listed under enterprise number BTW-BE 0849.366.642.
  • Canada: 'Smappee': Smappee Inc, 40 East Main Street, Suite 791, Newark, Delaware 19711, USA, EIN 61-1750640
  • 'Purchaser': any legal entity (B2B) that has or will be having a contractual relationship of whatever nature with Smappee.
  • 'Products': the subject of one or more sales contracts, in this case – but not exclusively limited to – the energyproduct ‘Smappee’, consisted of hardware, software, websites and webservices. Smappee is fully aware of the content of her own terms.

Apart from these General Terms and Conditions, specific conditions may apply to certain services and/or products, if explicitly stated. Should there be any differences between those specific conditions and these General Terms and Conditions, the clauses included in the specific conditions shall prevail over the General Terms and Conditions, unless otherwise provided. Derogations from one or more clauses included in these General Terms and Conditions can only be effectuated on the condition that there is explicitly agreed evidence in writing. In that case, the remaining clauses included in these Terms and Conditions shall remain fully in force. Any General Terms and Conditions applied by the Purchaser are not applicable.

Smappee reserves the right to modify and/or supplement the General Terms and Conditions at any time for future orders.

Purchaser accepts these General Terms and Conditions and all other rights and obligations as stated on the website by using the website or another electronic portal of Smappee and/or placing an order, which can be considered as applying for a membership status. Smappee can make an appeal to third parties if this is required for the correct execution of a contract with the Purchaser. Smappee can be reached via ‘http://smappee.com’ and ‘http://www.smappee.com’.

2. Information and contracts

Smappee places information regarding the features of online platform with the utmost care, including technical descriptions which are based on details of its partners and suppliers, and pictures, diagrams, work methods, read examples illustrating the various options and tariff plans. Aforesaid to the extent allowed by technical means and in accordance with the best standards in the market.

A contract is concluded at the moment Smappee approves the membership application. This approval is conclusive by handing over a confirmation of order to purchaser or, in the case an offer was made via the website, by sending a confirmation of order to the e-mail address that has been indicated by purchaser.

Smappee and its Purchaser explicitly agree that the use of electronic communication-techniques can result in a valid sales contract. The lack of an ordinary, digital or electronically qualified signature, in particular, does not affect the binding effect of the offer and its acceptance. In this respect, the electronic files of Smappee shall be considered to be presumptive evidence, in so far as the law permits as such. Information, images, verbal communications, statements, etc. related to any of the offers and the most important product features provided by telephone or via e-mail, will be reflected as accurately as possible.

3. Prices

All prices are expressed in EURO (and, if required, in other international currencies such as GBP and USD) and include VAT and other taxes. However, in case the Purchaser acts as a legal entity, the possibility to express prices excluding VAT and other taxes exists.

Special offers are only valid as stock lasts. The Purchaser is bound by the price as communicated by Smappee in its confirmation, in accordance with article 2 of these Terms and Conditions.

Obvious or abundantly clear errors in the quotation, such as evident misstatements, can be corrected by Smappee after the contract entered into force. Delivery charges are communicated in a clear way to the Purchaser. With regard to certain methods of payment, further conditions concerning delivery method and possible costs apply. This is communicated to the Purchaser in a clear manner.

4. Payment

The sales prices indicated on the site include taxes. We reserve the right to change the prices at any given time, but we commit ourselves to apply the rates shown on the site at the time of your order. Online orders can be paid via the common valid and internationally accepted credit cards and electronic payment methods, or via regular bank transfer. The possibility of working with a repayment system exists, in which case specific conditions are applicable and defined by the relevant financial institution, brought to knowledge at last on the moment of purchase.

Security measures via SSL are provided to allow your online payment to proceed safely. If payment cannot be handled immediately due to the choice of a financial means of payment that is incapable of effectuating such immediate payment, Smappee stipulates a term of payment of 14 days from the invoice date.

Invoices are only issued to legal entities (B2B), on request. If a client fails to pay the invoice within the term stated above, legal rates of interest will be due, without explicit notice of default. If Smappee does not receive payment after 3 demands, the invoice will be handed over to a debt-collection agency, which will do the further handling.

Complaints must be filed within one week from the invoice date. Filing a complaint shall in no way lead to a suspension of payment. Furthermore, any (extra)judicial costs of whatever nature incurred by Smappee as a consequence of failure on the part of the Purchaser to comply with its (payment) obligations, are on the account of Purchaser.

If the chosen payment method is a credit card, the conditions of the relevant card issuer apply. Smappee is not a party with regard to the relationship between the Purchaser and the card issuer.

It is possible that a purchase is being anuled, by an action of the financial agent. In such case Smappee has the right to cease or block its services. Of course, the physical product needs be returned.

5. Means of delivery

We will process your order in accordance to the available supplies. In case the product of your order is not in stock, we oblige ourselves to inform you about the prospected date of delivery within 15 days following to the placement of your order.

Orders will be delivered as soon as possible. Smappee currently offers one way of shipment, namely through PostNL (www.postnl.nl). This way you’ll receive your parcel through mail/taxipost.

Smappee will do anything within her means to respect the delivery times indicated. However, Smappee cannot be held liable for late deliveries or orders that are lost by third parties or through unforeseen circumstances or majeure. If a delivery is not delivered within the term indicated, an investigation will be initiated into the transporter. This may occupy multiple days. During this period of time we cannot repay or send another package.

Products that are out of stock can be ordered. In case of such an order, a delivery-period of maximum 30 days following the order has to be taken into account. This maximum term of delivery is only applicable to B2C sales. In case of B2B sales, one has to take a maximum term of delivery of a couple of months into account. The sole expiring of the term of delivery does not bring Smappee into default.

It is of utmost importance to ensure that the products comply with the order on the moment of delivery. Purchaser must inform Smappee when this is not the case. Aforesaid within seven (7) working days, starting the day after delivery-date. All notices about a delivery that was not delivered on time need be indicated by e-mail via support@smappee.com. Returned products will only be accepted when in their original state, being the original packaging, accessories and manual included.

Unless stated differently, the delivery deadline is thirty (30) days after the receipt of the order. except when the payment occurred through bank transfer. In that case is the delivery deadline thirty days after the receipt of payment. The above stated term of delivery is only applicable in case it has been allowed by the Belgian Market Practice Act, as an indication, therefore, no rights can be derived from term stated above. Deliveries will occur on the address given by the Purchaser at the time of the conclusion of the agreement. As soon as the products have been delivered on the stated adress, any involved risks are passed to the Purchaser.

6. Identity theft and credit fraud

In order to assure the safety of your online transactions, Smappee cooperates with authorized credit card payment partners and publishers Paypal and Ogone. Payment can be made using the following (credit) cards: Visa, Visa Electron, Visa Debit, Visa Delta, Mastercard, American Express, Maestro, and others who are unambiguously mentioned on the website of Paypal and Ogone.

Online payments are executed via a closed security system (SSL), through which your bank details are always encrypted when they are sent via the Internet. The risk Loss or theft of your identity or credit card information is hereby reduced to a minimum.

Smappee stores your identity and transaction information over a period of time in a secure, encrypted database, environment. Smappee believes all possible and appropriate precautions have been taken. Therefore, Smappee cannot be held liable for possible identity theft or financial theft.

7. Protection of Smappee Products and services

Smappee has the right to take nessecary measures to protect its Products and services (cloud-services and products used by clients) against technical failure and malicious practices.

These measures may include, but are not limited to, the cessation of the webservices (cloud-services), and modifying and deactivating software (like Mobile Software and Embedded Software) from a distance.

These measures explicitly include Smappee Products which are already taken into usage by users.

Smappee is not liable for damage caused by malicious practices or software.

8. Defects and complaint filing

The Purchaser is always obliged to scrutinize the products immediately following receipt. Complaints from the Purchaser related to defects of the product or digital delivery that can be observed on the outside, must be notified in writing to Smappee by the Purchaser within seven (7) days from delivery (or within seven (7) days from the invoice date if the products are not (or could not be) delivered to the Purchaser).

The Purchaser is required to make a reasoned complaint in order to return any product. If these products are returned without such reasoned complaint, the return will be considered as invalid. Purchaser will be held responsible for every cost of return, as a consequence for an invalid return. Smappee preserves the right to stock the products at a third party, on the account and risk of purchaser, and/or return the goods to purchaser as the result of an implicit or explicit request by purchaser. Any costs related to aforementioned are on account of purchaser.

9. Right of withdrawal

The Belgian Market Practice Act provides that the Purchaser can return the product within a period of time of 14 working days, without any consequences in the sense of penalties. Such return should not be reasoned. This is called the right of withdrawal.

This right of withdrawal requires that the product is free from damages, this includes the software and hardware, and in original packaging.

Products that are clearly personalised or designed to the individual requirements of purchaser, fall outside the scope of Article 47, § 4, 2 ° WMPC. This is also applicable to products of audio- and video-recordings and computer software of which the seal is broken, newspapers and magazines. Such products do not qualify for the right of withdrawal.

Any return must be sent by PostNL or another transport firm. The risks and expenses related to the return of a product are on the account of the Purchaser, except in case the product is not conform. Within the term stated, the Purchaser has the obligation to return the product to Smappee and ask for a document of returning via support@smappee.com . The product that is being returned has to have an RMA-number (Return Merchandise Authorisation). If this condition is not fulfilled the product may be returned to purchaser

In case of a valid and legally correct use of the above right of withdrawal Smappee will issue a refund of the sum paid by the Purchaser to Smappee within seven (7) working days. This will happen through an internationally accepted method of payment chosen by Smappee.

No refund is possible when the Purchaser has misused the right of withdrawal. In this case the products will be returned to Purchaser, accompanied by motivated reasons, on the risks and expenses of the Purchaser.

According to the Belgian Market Practices Act you have the right to send back your products within 14 calendar days. However, products which are not changeable by their nature fall outside the scope of Article 47, § 4, 2 ° WMPC. In this case one could think of items like products of audio- and video-recordings and computer software of which the seal is broken, newspapers and magazines. Therefore, such products do not qualify for restitution. Therefore, your purchase is final.

10. Force majeure

In case of force majeure, Smappee shall not be obliged to comply with its obligations in respect of the other party. Smappee will be entitled to suspend the performance of its obligations for the duration of the force majeure.

Force majeure is considered as any circumstance beyond its control that, entirely or partially, prevents compliance with its obligations regarding the other party.

11. Warranty

According to the applicable and relevant laws, a legal warranty applies to all products delivered by Smappee. In case a delivered product does not comply with the agreement, Purchaser has the obligation to bring this to the knowledge of Smappee within seven (7) working days from the delivery. Any compensation following the legal provisions can never exceed the amount invoiced to the Purchaser. Usual or normal ‘wear and tear’, unintended or intended changes to the product by the Purchaser, inability to provide the original invoice or valid proof of payment and various omissions are explicit, but not limited, exceptions on aforementioned system of warranty.

URLs included on the website or other electronic communication portals, which are actually controlled by Smappee, are to be clicked and visited entirely on the Purchaser’s own responsibility.

12. Webservices

The services Smappee provides are are a nessecary component for the usage of all products. Smappee has the right to change or ceace these services. Existing or new webservices can be subject to the purchase of certain services.

13. Intellectual property

All intellectual property rights and derived rights are the property of Smappee. The considered intellectual property rights are copyrights, trademark rights (European trademark “Smappee”, id number: 011856358), designs and models rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable.

The Purchaser is not allowed to make use of the intellectual property rights as described in this article and/or make changes to them, unless it only concerns the private use of the product itself.

14. Processing of personal data

Smappee requires the collection of personal information for the processing and completion of orders and the preparation of invoices and guarantee agreements. If the collected data is incomplete, Smappee preserves the right to cancel the order.

Providing incorrect or false personal data is considered to be a breach of the present General Terms and Conditions. The Purchaser’s personal data are exclusively processed in accordance with the prevailing privacy statement, which can be consulted via the Smappee website.

15. Applicable law and competent court

Belgian law shall be of exclusive application to all offers and contracts. The applicability of the Vienna Sales Convention is explicitly excluded. All disputes related to or arising from offers from Smappee or contracts concluded with it, will be submitted to the competent territorial court, unless a mandatory statutory provision explicitly provides otherwise and designates another court as the competent one

 

 

 

Attribution

© 2014 Apple Inc. Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

© 2014 Apple Inc. All rights reserved.  HomeKit is a trademark of Apple Inc.

© 2012 Google Inc. All rights reserved. Google Play™ store is a trademark of Google Inc.

© 2014 IFTTT Inc. All rights reserved.  IFTTT is a trademark of IFTTT Inc.

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