Terms of sale
This website (www.smeldt.com) (hereinafter the “Website”) is operated and managed by the limited company Smeldt (hereinafter “Smeldt”), trading under the name “Smeldt”, registered with the Chamber of Commerce in the Netherlands under number 83086331, with its registered office at Noordeinde 131, 1121 AK, Landsmeer, VAT number NL003775349B62.
The contact details of Smeldt are:
Telephone number: +316-50550375
E-mail address: firstname.lastname@example.org
These terms of sale (the “Terms of Sale”) are entered into by Smeldt (“the Vendor”) and any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, artistic or professional activity who wishes to make a purchase via the Website (“the Customer”) (hereinafter collectively referred to as the “Parties”).
The placement of an order via the Website assumes prior consultation and acceptance in full by the Customer of these Terms of Sale and Use & Safety Instructions, which are available on the Website. The Parties agree that their relationship is governed by these Terms of Sale.
Smeldt reserves the right to amend these Terms of Sale at any time, promptly and without notice, by posting a new version on the Website. These Terms of Sale may under no circumstances be amended by the Customer. The version of these Terms of Sale in force is that available on the Website at the time the order is placed by the Customer.
If one or more provisions of these Terms of Sale are rendered invalid further to a Dutch statutory provision or a judicial decision, the remaining provisions shall remain in full force and effect.
Once an order is completed, a summary is sent to the email address provided by the Customer for the latter’s records. The order is also archived by Smeldt.
Article 1. The Customer
In order to be able to validly place an order on the Website, the Customer must be at least 18 years of age and have legal capacity or, if the Customer is not at least 18 years of age, have parental authorization to place an order on the Website. The Customer thus declares that the customer has the necessary capacity to enter into a contract and is not under guardianship. Smeldt reserves the right to request that a Customer proves the age or parental authorization and not to honour the Customer’s order if the latter fails to provide proof to this effect.
When the Customer provides to Smeldt, via the Website, information necessary for delivery and billing of the Product(s) displayed on the Website, the Customer must ensure the accuracy and completeness of the information provided. In the event of an error in the recipient’s contact details, Smeldt may not be held responsible should it prove impossible to deliver the Product(s) [as defined below] ordered.
Smeldt reserves the right to cancel an order (with a refund) which it suspects does not meet the abovementioned conditions, without incurring any liability in this regard.
Article 2. Products
The products of Smeldt or any other product offered for sale by Smeldt (hereinafter the “Product(s)”) are those presented on the Website on the date of consultation of the Website by the Customer. Smeldt takes great care to ensure that the Products displayed on the Website are presented and described as accurately as possible.
However, photographs and descriptions of the Products are indicative only, not contractually binding. Smeldt is not responsible for any errors or omissions in any presentation of the Products. Smeldt shall fill orders placed by the Customer while supplies last and shall use its best efforts to ensure the availability in stock of the Products offered for sale on the Website.
Article 3. Orders
The Customer expressly acknowledges that the placement of an order entails a payment obligation.
Once payment is made (see Article 6 below), the Customer shall receive an email from Smeldt acknowledging receipt of the order and summarizing it. This message shall be sent to the email address provided by the Customer.
Article 4. Unavailability
Should one or more Products ordered by the Customer be temporarily or permanently unavailable, despite Smeldt’ s best efforts, or if the delivery time exceeds by more than eight (8) days that initially indicated (except in the event of force majeure), Smeldt shall inform the Customer accordingly by email.
The Customer will then have the possibility to amend or cancel the order by sending an email to email@example.com within fifteen (15) working days after being informed of the delay by Smeldt. If applicable, Smeldt undertakes to refund to the Customer any payment already made as soon as possible and in any case no later than fifteen (15) days from the date of modification or cancellation of the order. No additional amounts shall be paid by Smeldt to the Customer.
Article 5. Prices
The prices for the Products indicated on the Website are expressed in euros (€) for deliveries in Europe and include all taxes. However, they do not include delivery fees or any possible import duties which may not be reasonably calculated in advance within the meaning of Article VI.45.5 of the Code of Economic Law. Delivery fees will depend on the place to which the Product(s) are sent. They are calculated automatically and expressly indicated in the order summary, prior to payment by the Customer. In the event of withdrawal, the fees to return the Product(s) shall be borne by the Customer (see Article 10 below). Promotions and rebates, if any, shall be applied to the Customer’s order if the Customer meets the eligibility criteria and correctly enters the promotional codes(s).
Smeldt reserves the right to modify the prices displayed on the Website at any time, without prior notice being required. The prices applicable to the Customer’s order are those indicated on the Website at the time of validation of the order by the Customer.
Article 6. Payment
The Website allows secure payments to be made by Visa, Mastercard, American Express, Maestro, Apple Pay and iDeal.
No banking information is stored on the server and Smeldt does not have access to the bank details of the Customer: payments are made through an external platform, Wix Payments, which guarantees a heightened level of security for transactions performed via the Website.
If the Customer wishes to pay with a foreign credit or debit card, the card must be authorized for international transactions. Any commission or cost associated with payment for which the Customer is billed shall be borne by the latter. The Customer warrants to Smeldt that he or she is entitled to use the bank card used to make the payment.
The total amount to be paid for the order is indicated to the Customer on the web page summarizing his or her “shopping basket”, i.e. all items that make up the order. Before proceeding with payment, the Buyer thus has the possibility to verify online the details of his or her order and the total price and to correct any possible errors that he or she could have made when placing the order.
Once payment is made by the Customer, the order is validated and becomes final, without prejudice to the right of withdrawal provided for by Article 10 below.
The Customer expressly accepts and acknowledges that the provision of his or her bank details (full name, card number, expiration date and CVC number) are equivalent to an authorization to debit his or her account up to the total amount due for the order. In principle, the Customer’s account is only debited when the order is dispatched to the Customer, in order to avoid the Customer being charged for a Product that is not immediately available.
Article 7. Title to the Products
Smeldt retains title in full to the Products until the receipt of payment in full of all invoices, including fees and taxes.
Article 8. Delivery
The order shall be shipped to the delivery address indicated by the Customer when placing the order via the Website.
If delivery cannot take place or if the Customer refuses delivery, the package shall be returned to Smeldt, and the Customer shall be refunded within fifteen (15) days from receipt of the package by Smeldt.
Smeldt may not be held liable for the proper performance by external carriers of their obligations, without prejudice to any rights the Customer may have in their regard (within the meaning of Article VI.44 of the Code of Economic Law).
If the direct liability of Smeldt is raised, Smeldt may be released from said liability, in whole or in part, by producing proof that the breach or improper performance of the contract with the Customer is attributable to the latter or to an unforeseeable and unavoidable act by a third party to the contract or to an event of force majeure.
Article 9. Delivery times
Upon receipt of payment for the order, Smeldt shall do the necessary to process it and ship the Product(s) ordered as soon as possible.
Delivery times may vary depending on the country of delivery selected by the Customer and the time at which the order is placed. Overall, delivery times shall not – except in exceptional cases – exceed seven (7) business days from the day after which an order is paid for by the Customer and received by Smeldt , from Monday to Friday before 16.00.
Delivery times depend on (1) the processing time by Smeldt, (2) the carrier’s delivery times, and (3) customs clearance.
In the vast majority of cases and for information purposes only, it should be noted that Products are shipped by Smeldt on the same business day when the placement of an order is before 4PM (CET).
Carrier delivery times
Smeldt ships orders through external postal services, primarily PostNL for the Netherlands. For information purposes only, their delivery times are as follows:
Netherlands: 1-2 business days
Belgium: 2-3 business days
Germany: 2-4 business days
Other European countries: approximately 7 business days
For deliveries outside the EU, customs clearance is, if applicable, handled by the external postal service prior to physical arrival of the goods.
Article 10. Right of withdrawal: returns
The Customer benefits from a statutory withdrawal (retraction) period of fourteen (14) clear days from the date on which the Customer (or a third party designated by the Customer, other than the carrier) takes physical possession of the Product(s) ordered via the Website, without having to justify this decision. Products purchased directly from distributors, retailers or other websites other than the Website may under no circumstances be returned directly to Smeldt.
To obtain a refund for a returned Product, the Customer must, prior to expiry of the fourteen-day withdrawal period and before returning the Product(s), inform Smeldt of his or her decision to retract the order, by sending an email to firstname.lastname@example.org..
Smeldt shall acknowledge receipt of the return request by sending an e-mail back entitled
“Awaiting Return Package”, mentioning that any fees to return the Product(s) shall be borne in full by the Customer. This e-mail shall contain a return slip, which the Customer must print out and place inside the package as well as a return label, which the Customer shall affix to the outside of the package. The Customer shall then take the package to a local parcel pick-up shop. The Product(s) must be returned within fourteen (14) days following communication of the Customer’s decision to withdraw the order.
The Product(s) must be returned in their original condition and packaging.
Smeldt shall refund any payments received from the Customer, including, if applicable, delivery fees, if the Customer returns the order in full. However, any fees to return the Product(s) to Smeldt shall be borne by the Customer. If applicable, they shall be deducted from the total amount to be refunded by Smeldt to the Customer.
The returned Product(s) shall be refunded by wire transfer to the bank account debited to place the order within a period of no more than fourteen (14) days following the date on which Smeldt is informed of the Customer’s decision to withdraw the order, in accordance with the provisions set out above. However, Smeldt may delay the refund until effective return of the Product(s) to the address indicated on the return slip or until the Customer provides clear proof of shipment of the Product(s), whichever is earlier.
If the package is not received by Smeldt and without proof of proper distribution by the postal service the Product(s) shall not be refunded or exchanged and Smeldt may not be held liable.
Packages received by Smeldt that are not returned in accordance with the above-mentioned procedures shall not be refunded by Smeldt.
The Customer bears all risk associated with return of the Products.
Article 11. Delivery mistakes
Should the Customer exceptionally receive from Smeldt a Product that does not correspond to the order, the Customer should contact Smeldt at email@example.com as soon as possible, and in any case within fourteen (14) days following receipt of the order. Smeldt shall then confirm noncompliance of the delivery with the order and indicate the return procedure, which shall be at Smeldt’ s expense.
IMPORTANT: For returns/exchanges originating from countries outside the EU, the Customer shall clearly indicate on the customs waybill that the shipment pertains to non-commercial goods without resale value, so that no customs duties will be charged to Smeldt. In the event of a return, Smeldt shall proceed likewise to that the Customer does not have to pay customs duties twice.
The Customer may not exercise the right of withdrawal set out above for Products made to the Customer’s specifications or that are clearly personalized within the meaning of Article VI.53 of the Code of Economic Law.
Article 12. Warranties
All Products sold on the website www.smeldt.com benefit from the statutory guarantee of conformity and the warranty against defects provided for by the Dutch Civil Code.
To rely on these warranties, the Customer must possess the invoice issued by Smeldt. In the event of a defect, the Customer is obliged to inform Smeldt as soon as possible and in any case within fifteen
(15) days following discovery of the defect. The statutory warranty does not apply to defects resulting from accidents, negligence, inappropriate use, noncompliance with the instructions for use, or in the event of modifications or adaptations to the Products or any other incorrect use by the Customer.
Article 13. Privacy and cookies
Personal data must be provided by the Customer and gathered by Smeldt when an order is placed. In the absence of this information, Smeldt will be unable to process the Customer’s order.
In accordance with the latest Act on the protection of privacy, the Customer has the right to access, request the rectification of, object to and request the erasure of any of his or her personal data held by Smeldt.
Article 14. Proof
The Customer acknowledges that the electronic communications and Website back-ups regularly made by Smeldt may be used to establish proof of a transaction between the Customer and Smeldt.
Article 15. Force majeure
Smeldt may not be held liable for noncompliance in whole or in part with these Terms of Sale should an event of force majeure arise such as (but not limited to) problems with the customs authorities, strikes, bankruptcy of third parties on which Smeldt relies, non-delivery or late delivery of goods by external suppliers of Smeldt, or the imposition of trade restrictions or new regulations.
Article 16. Applicable law and jurisdiction
These Terms of Sale are governed by Dutch law, regardless of the country of delivery, without prejudice to mandatory rules of law in the Customer’s country of residence.
Before taking legal action, the Parties should try to settle their disagreement. If it is not possible to reach a settlement, any dispute relating to the interpretation and/or performance of these Terms of Sale shall be submitted to the competent courts determined pursuant to Regulation (EU) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
The Parties may also file a complaint online with the European Commission’s dispute resolution platform at https://ec.europa.eu/consumers/odr/.
Smeldt accepts all major credit and debit cards like Master Card, Visa and American Express and also payments via iDeal and Apple Pay.