Terms & Conditions - EN

1. DEFINITIONS AND TERMS

Smofox.com - is the commercial name of S.C. SMART CONCEPT SHOPPING S.R.L., legal entity of Romanian nationality, having its headquarters in Bucharest, Soseaua Oltenitei nr. 105A, sector 4, with serial number in the Trade Register J40 / 7641 / 26.06.2014, single fiscal registration code 33322169.

Seller - Smofox.com

Buyer - Individual / legal entity or any legal entity that creates an Account in the Site and / or places an Order.

User - any natural / legal person registered on the Site who, through the completion of the Account creation process, has given its consent to the terms of the General Terms and Conditions section.

Account - the section of the Site consisting of an email address and a password, which allows the Buyer to place the Order and which contains information about the Customer / Buyer and Buyer's history on the Site.

Site - www.smofox.com domain and its subdomains.

Order - an electronic document that acts as a form of communication between the Seller and the Buyer through which the Buyer submits to the Seller through the Site its intention to purchase Goods and Services on the Site.

Goods and Services - any product / service, including the documents and services mentioned in the Order, to be provided by Seller, Buyer as a result of the Contract concluded.

Campaign - the action to expose for commercial purposes a finite number of Goods and / or Services with a limited and predefined stock for a limited period of time set by the Seller.

Contract - represents the distance contract concluded between Seller and Buyer, without the simultaneous physical presence of Seller and Buyer.

Content

· All information on the Site that can be accessed, viewed or otherwise accessed by using electronic equipment;

· The content of any email sent to Buyers by the Seller by electronic means and / or any other means of communication available;

· Any information communicated by any means by an employee / collaborator of the Seller, the Buyer, according to the contact information, whether specified or not;

· Information relating to the Goods and / or Services and / or tariffs practiced by the Seller in a given period;

· Seller's data or other privileged data.

Review - a written assessment by the owner or recipient of a product or service, an assessment based on personal experience and its ability to make qualitative comments and to say whether the product or service respects the specifications mentioned by the manufacturer or not.

Rating - a way of expressing the satisfaction of a User / Client / Buyer over a product. The rating is expressed in the form of stars, each product being able to score a star, five stars.

Comment - critical appreciation or observation on a Review or other comment.

Document - these Terms and Conditions.

Newsletter - a periodical information medium, exclusively electronic, namely e-mail (SMS, e-mail, SMS) on the Goods and Services and / or the promotions made by the Seller in a certain period, without any commitment from the Seller with reference to the information contained in this.

Transaction - Receipt or refund of a sum resulting from the sale of a Good and / or Service by Smofox, Buyer, through the use of the card processor services agreed by the Seller, regardless of the delivery method.

Specifications - All specifications and / or descriptions of Goods and Services as specified in their description.

2. CONTRACTUAL DOCUMENTS

2.1. By registering an Order on the Site, the Buyer agrees with the form of communication (by telephone or e-mail) through which the Seller carries out his commercial operations.

2.2. The notification received by the Buyer after the Order is given is an information and does not represent the acceptance of the Order. This notification is made electronically (by e-mail) or by telephone.

2.3. For justified reasons, Seller reserves the right to change the amount of Goods and / or Services in the Order. If you change the quantity of Goods and / or Services in the Order, the Buyer will notify the email address or telephone number made available to the Seller upon making the Order and will refund the amount paid.

2.4. The contract is considered to be concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller through the electronic mail and / or SMS of the order notification notification.

3. ONLINE SELLING POLICY

3.1. Access to an Order is permitted to any Customer / Buyer.

3.2. The communication with the Seller may be accomplished through the data mentioned in the "contact" section of the Site. The seller has the freedom to manage the information received without having to justify it.

3.3 In the event of an unusually high volume of traffic from an internet network, Smofox reserves the right to require Clients / Buyers to enter the captcha validation codes manually in order to protect the information within the Site.

3.4. Smofox may publish on the Site information about Goods and / or Services and / or promotions made by him / her.

3.5. In the case of online payments, the Seller is not / can not be held responsible for any additional cost incurred by the Buyer, including but not limited to currency conversion fees applied by the card issuing bank, if its currency of issue differs from RON. Responsibility for this action is borne only by the Buyer.

3.6 All information used to describe the Goods and / or Services available on the Site (static / dynamic images / multimedia presentations / etc), including color matters, is not a contractual obligation on the part of the Seller, these being used exclusively for presentation, and display imaging may be different depending on the characteristics / performance of the computer system used by the Customer / Buyer.

4. MIGRATION AND SUBCONTRACTING

The Seller may assign and / or subcontract a third party for Services to Order, with or without informing the Purchaser, and no agreement is required. Seller will always be liable to Buyer for all contractual obligations.

5. THE INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

5.1. Content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and / or multimedia content displayed on the Site, are the exclusive property of Smofox, reserved all rights obtained directly or indirectly (through usage and / or publication licenses).

5.2. Customer / Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, bind, expose, include any Content in any context other than that originally intended by Smofox, including any Content in outside of the Site, removal of the trademarks that signify the copyright of Smofox on the Content, and participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of Smofox.

5.3. Any Content to which the Customer / Buyer has and / or obtains access by any means is within the scope of the Document if the Content is not accompanied by a specific and valid user agreement concluded between Smofox and it and without any implied warranty or expressly formulated by Smofox with reference to that Content.

5.4. Customer / Buyer may only copy, transfer and / or use the Content for personal or non-commercial purposes only if they do not conflict with the provisions of the Document.

5.6. No Content sent to the Customer or the Buyer by any means of communication (electronic, telephone, etc.) or acquired by accessing, visiting and / or viewing does not constitute a contractual obligation on behalf of Smofox and / or the Smofox employee / employee mediate the transfer of Content, if any, to that content.

5.7. Any use of the Content is forbidden for any purpose other than those expressly permitted in this Document or the use consent accompanying it, if it exists.

6. ORDER

6.1. The Customer / Buyer may place Orders on the Site by adding the Goods and / or Services to the shopping cart, and then complete the Order by making the payment in one of the express ways indicated. Once added to your shopping cart, a Good and / or a Service is available for purchase to the extent that there is a stock available for that. Adding a Good / Service to your shopping cart, in the absence of completion of the Order, does not entail the registration of an order, or the automatic reservation of the Goods / Service.

6.2. By completing the Purchase Order, the Buyer agrees that all the data provided by the Buyer, which is necessary for the purchase process, is correct, complete and true at the time of placing the Order.

6.3. By completing the Order, the Buyer agrees that the Seller may contact him / her, by any means available / agreed by the Seller, in any situation where contact with the Buyer is required.

6.4. The Seller may cancel the Buyer's Purchase Order upon prior notice to the Purchaser, without any subsequent liability of any party to the other, or without any party claiming the other damages in the following cases:

6.4.1. non-acceptance by the issuing bank of the buyer's card of the transaction in the case of online payment;

6.4.2. the data provided by the Customer / Buyer on the Site is incomplete and / or incorrect;

6.5. The buyer has the right to withdraw from the contract or return the property or to drop a service, within 14 calendar days from entry into possession, without giving any reason and without incurring any costs other than delivery.

6.6. If the Buyer decides to withdraw from the Contract, he will be able to complete the return form online.

 6.7. If the Customer / Buyer requests withdrawal from the Contract within the legal withdrawal period, he must return any gifts accompanying the product. In the event that the Purchase Order is paid, the Seller will reimburse the amount within thirty (30) days from the date the Buyer informs the Seller of its decision to withdraw from the Contract.

6.8. Seller may defer repayment until receiving goods sold or until receipt of proof they were shipped, if not offered to collect the goods himself (to take the most recent date).

6.9. In the event that a Customer and / or Service ordered by the Buyer can not be delivered by the Seller, the latter will inform the Customer / Buyer of this fact and will return to the Buyer's account the value of the Goods and / or the Service, within the maximum 14 (fourteen) days from the date on which the Seller acknowledged this fact or the date on which the Buyer expressly expressed his intention to terminate the Contract.

7. GOODS / SERVICES FOR WHICH THE RIGHT OF RETURN IS NOT ENSURED

7.1. The following are exempt from the right to withdraw from the Contract:

7.1.2. contracts for the provision of services by providing full services if performance has begun with the prior express consent of the Buyer after it confirmed that he is aware of the fact that he loses his right of withdrawal after the complete execution of the Contract by the Seller;

7.1.3. the provision of Goods made according to the specifications submitted by the Buyer or clearly personalized;

7.1.4. the provision of Sealed Goods that can not be returned for health or hygiene reasons and which has been unsealed by the Buyer.

8. CONFIDENTIALITY

8.1. Smofox will keep the confidentiality of any kind of information. Disclosure of the information provided may only be made under the conditions set out in this document.

8.2. No public statement, promotion, press release, or other disclosure to third parties will be made by Buyer / Client with respect to the Order / Contract without Seller's prior written consent.

8.3. By transmitting information or materials through this site, you grant the Seller unrestricted and irrevocable access to, the right to use, reproduce, display, modify, transmit and distribute these materials or information. You also agree that the Seller may freely use for your own benefit such information, ideas, concepts, know-how or techniques that you have sent us through the Site. Smofox will not be subject to obligations regarding the confidentiality of the submitted information, unless the legislation in force provides for further specification in this respect.

9. FACTORY - PAYMENT

9.1. At the price of goods and services displayed on the site www.Smofox.ro no T.V.A. according to law.

9.2. The price, method of payment and payment term are specified in each Order. The Seller will issue to the Buyer an invoice for the Goods and Services delivered, the Buyer's obligation being to provide all the information required to issue the invoice in accordance with the legislation in force.

9.3. The Seller will provide the Buyer with the invoice relating to the Order containing Goods and / or Services sold by Smofox.

10. DELIVERY OF GOODS

10.1. The Seller undertakes to deliver the Goods in a door-to-door courier system.

10.2. The Seller will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents.

11. TRANSFER OF GOODS 'PROPERTY

Property on the Goods will be transferred upon delivery after the Buyer has paid for the location indicated in the Purchase Order (understood by delivery - the receipt of the receipt of the transport document provided by the courier or the signature on the tax invoice in the case of deliveries made by the Seller's staff) .

12. LIABILITY

12.1. The Seller may not be liable for damages of any kind that the Purchaser or any third party may suffer as a result of the Seller's fulfillment of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular their loss.

12.2. By creating and using the Account, the Customer / User / Buyer assumes responsibility for maintaining the confidentiality of account data (username and password) and for managing account access and, to the extent allowed by applicable law, is responsible for the activity performed through the Account or .

12.3. By creating your Account and / or using the Content and / or Placing Orders, the Customer / User / Buyer expressly and unambiguously accepts the Terms and Conditions of the Site in the latest updated version communicated within the Site, existing at the time of Creation of the Account and / or use of the content and / or the placement of the Order.

12.4. Subsequent to the creation of the Account, use of the Content is equivalent to accepting the changes made to the Site Terms and Conditions and / or updated versions of the Site Terms and Conditions.

12.5. The Terms and Conditions of the Site may be changed at any time by Smofox, which is opposed to the Clients / Users / Buyers from the date of their display in the Site. The acceptance of the Terms and Conditions of the Site is confirmed by ticking the appropriate checkbox on the Site and / or by sending the Order and / or by making an online payment.

13. PROCESSING OF PERSONAL DATA

13.1. According to the requirements of Law no. 677/2001 on the Protection of Individuals with regard to the processing of personal data and the free movement of such data, modified and completed, Smofox has the obligation to administer safely and only for the specified purposes, the personal data that you provide to us.

14. MAJOR FORCE

14.1. Neither party shall be liable for non-performance of its contractual obligations if such non-performance on a timely basis and / or properly, wholly or in part is due to a force majeure event. Force majeure is the unpredictable event beyond the control of the parties and can not be avoided.

14.2. If within 15 (fifteen) days of its occurrence, that event does not cease, each party shall have the right to notify the other party of the termination of the Contract without one of them being able to claim the other damages.