These general conditions of sale define the rights and obligations of the parties in the context of sales made via the site https://en.smartworkout-pro.com. They frame all the steps necessary for the placement, execution and monitoring of the order.
SW Commerce SARL reserves the right to adapt or modify at any time these general conditions of sale. In case of modification, will be applied to each order the general conditions of sale in force on the day the order is placed.
By using this site, you indicate that you have read and understand the terms and conditions of sale and use and agree to abide by them at all times.
1.1 Corporate Name
SW Commerce SARL
Rue de la Cité 1
1204 Geneva, GE
Hereafter referred to as SMARTWORKOUT.
1.2 Contact. Questions regarding the Terms and Conditions should be sent to us at firstname.lastname@example.org.
2. VALIDITY OF OFFER
2.1 Terms of Access. Our offers are intended for consumers with a delivery address in metropolitan France, Corsica and internationally (Cf. §8 Delivery of the GTC).
2.2 Availability of items. Items offered for sale on the Site are available while supplies last. SMARTWORKOUT undertakes to notify as soon as possible through a mention on its website (or by email) the customer who is about to place or who would have placed an order for an unavailable item.
3. PRODUCT OUTLINE
3.1 Description of our products. The products offered for sale are described and presented with the greatest possible accuracy. However, there may be slight differences, particularly in the perception of colors and materials, between the photographs illustrating the products and the products actually delivered. All product descriptions and prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue offering any product at any time.
3.2 Customer Satisfaction. While our professionalism is a strong commitment, we cannot guarantee that the quality of all products, services, information, or any other merchandise you obtain or purchase will meet your expectations. If this is the case, you will be able to return your products according to the conditions listed in our returns policy (Cf. §9 Returns and Refunds of the T&Cs).
4.1 Price Variation. The prices of our products are subject to change without notice and are shown excluding shipping costs. If the VAT rate changes between the date of your order and the date we supply the product, we will adjust the VAT rate you pay, unless you have already paid for the product in full before the VAT rate change takes effect.
4.2 Interruption of Service. We reserve the right at any time to modify or discontinue the Service (and any portion or content of the Service) without notice at any time.
4.3. Liability. We will not be liable to you or any third party for any price changes, suspension or discontinuance of the Service.
4.4 Price Error. Despite our best efforts, it is always possible that some of the products we sell may be incorrectly priced. If we accept and process your order when a pricing error is evident and could reasonably have been identified by you, we may terminate the contract, refund all amounts paid by you, and require the return of all products provided to you.
5.1 Placing an Order. Orders are placed only through our website. Once you have selected and then added your desired product(s) to your shopping cart, you will go through our ordering process (where you will need to enter your contact information, as well as your shipping and billing addresses), and then payment.
5.2 Special Offers. If the customer benefits from a special offer, he/she must first enter a code assigned to him/her in the field provided for this purpose.
5.3 Data entry and verification. Check carefully the details of your order (nature and quantity of products added) but also your delivery address and your email address before finalizing the order. Indeed, once it has been validated, your order will no longer be modifiable and all errors that it may contain will be attributable to you. Insofar as they engage your responsibility, the information you provide must be accurate, complete and up to date.
5.4 Order Validation. The validation of your order is worth for acceptance of the present General Conditions of Sale. Once validated, your order cannot be cancelled or modified. Your order constitutes an offer to purchase the product(s) in your cart. After placing an order, you will receive an e-mail from us confirming that it has been taken into account. From that moment, a contract is concluded between you and us. When we acknowledge your order, we also confirm your order number. This identifier will have to be used in all our exchanges.
5.5 Order Preparation and Shipping. You will then receive a second email telling you that your order is being prepared in our warehouse and a final email confirming its shipment (containing the tracking link for your package).
5.6 Limitation/Cancellation of Orders. We reserve the right, but are not obligated, to limit sales of our products or services to any person, and in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or cancel an order, we may attempt to notify you by contacting you at the email or phone number provided at the time the order was placed.
5.7 Exceptional Case. In the unlikely event that we are unable to fulfill your order (for example : product out of stock with no expected restocking within 15 days, verification of billing information provided impossible, delivery requested to a country where we cannot ship), we will notify you by email and offer you a refund of your order.
6. COLLECTION OF NOTICES FOLLOWING AN ORDER
6.1 We work in collaboration with Trustpilot companies for the collection of reviews.
- Last name
- First name
- Email address
- Order date and reference
- Name and references of items ordered
6.3 Use of Data. By writing a customer review and/or recommendation, you give your consent to the publication of your review on our website and its possible use for Marketing purposes on all advertising media (for example : Facebook, Instagram, Google, ...).
We accept several payment methods on this site :
7.1 Credit Card. When you provide us with your payment details, you are confirming that you have authorized the use of and access to the payment instrument you have chosen to use. By providing us with your payment details, you confirm that you authorize us to charge the amount due to that payment instrument.
We accept payment cards through our payment processor Stripe. Our Stripe account is domiciled in Switzerland, and the primary currency is the Euro. Although there are no exchange fees, some banks may charge a fee for international payments. We are not responsible for any commission charged by your banking institution, and we will not proceed to the reimbursement of these fees.
7.2 Paypal & other Payment Methods. We offer PayPal on our international website as well as IDEAL and BanContact.
7.3 Payment Control. SMARTWORKOUT controls all orders that have been validated on its site. These controls aim to protect SMARTWORKOUT from abusive practices operated by fraudsters. Our services may ask you to provide all the necessary documents to unlock your order. These requests will be made by email.
Our entire shipping policy is detailed here.
9. RETURNS AND REFUNDS
Our entire returns and refunds policy is detailed here.
Our products are guaranteed for 5 years.
10.1 Warranty Terms. This warranty does not include the consequences of improper treatment or use of the product. Indeed, the buyer is required to strictly follow the instructions in the product user guide sent at the time of purchase. Also, the warranty does not apply to any defects due to normal wear and tear of the product over time.
10.2 Terms of assumption of responsibility. Any request for coverage via the warranty contract must be sent by email to the following address : email@example.com. SMARTWORKOUT reserves the right to ask the customer for photos and videos of the products in order to precisely identify the defect found and to rule on the assumption of responsibility for this defect under the warranty contract.
10.3 Possible Charges. A shipping fee (the amount of which will vary depending on the product being shipped) may be charged to the customer.
11.1 Seller Obligations. SMARTWORKOUT is responsible for the proper performance of the obligations resulting from the contract, whether these obligations are to be performed by SMARTWORKOUT itself or by other service providers it has engaged under these general terms and conditions of sale and delivery, subject to its recourse against them.
11.2 Limit of liability. However, SMARTWORKOUT is not liable to you for damages caused by your own act, omission or fault, in case of force majeure or by any third parties not related to Tissot for the performance of the contract.
11.3 Consultation as well as the taking of an order on the Website implies knowledge and acceptance of the characteristics and limits of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible viruses circulating on the network.
11.4 SMARTWORKOUT cannot be held responsible for any direct or indirect damage resulting from an interruption, a malfunction of any kind, for any reason whatsoever, or for any direct or indirect damage that would result, in any way whatsoever, from a connection to the Website. It is the responsibility of all Internet users to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. The connection of any person to the Website is done under his full responsibility.
11.5 In any event, except for gross negligence and liability for defective products, SMARTWORKOUT's liability for all damages that it could cause you under the terms of the contract is limited to the sole compensation for foreseeable, direct and material damages actually suffered by you due to a breach of SMARTWORKOUT. This compensation shall in no event exceed the amount corresponding to the purchase price of the product that caused you damage, even if SMARTWORKOUT was informed of the possibility of such damage occurring.
12. INTELLECTUAL PROPERTY
12.1 Data Protection. The elements of the SMARTWORKOUT site, whether visual or audio, including the underlying technology, are protected under copyright, trademark or patent law and image rights. They are the exclusive property of SMARTWORKOUT.
12.2 Plagiarism. In any case, any link, even tacitly authorized, will have to be removed upon simple request from SMARTWORKOUT. In general, any total or partial reproduction of the www. smartworkout-pro.com website is strictly prohibited.
13. PERSONAL INFORMATION
14. APPLICABLE LAW
These Terms and Conditions of Sale and Use, as well as any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws in force in Geneva, Switzerland.