Welcome to devicedeal24.com (‘Website’). By using this website you agree to the following terms and conditions. Please read the following text carefully.
Table of Contents
Article 1 - Definitions
Article 2 - Our identity
Article 3- Conditions
Article 4 - Offer
Article 5- Agreement
Article 6- Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - Price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Temporary transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaint Procedures
Article 15 - Dispute Situations
Article 16 - Additional and different provisions
Article 1- Definitions
In these conditions the following definitions apply:
Reflection period: The period during which the consumer can exercise his right of withdrawal;
Consumer: a natural person who is not active in the exercise of a profession or business and who concludes a distance contract with the entrepreneur;
Day: calendar day;
Timed transaction: A distance contract relating to a series of products and/or services whose delivery and/or purchase obligation is spread over time;
Durable data carrier: Any means that allows the consumer or entrepreneur to store the information sent to him personally in such a way as to allow future consultation and unaltered reproduction of the stored information.
Right of withdrawal : The consumer's option to cancel the distance contract within the waiting period;
Model form: The sample withdrawal form that the entrepreneur can fill in when the consumer wants to exercise the right of withdrawal.
Entrepreneur: A natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: Within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, a contract in which one or more distance communication techniques are used exclusively up to and including the signing of the contract;
Remote communication technology: Means that can be used for the conclusion of an agreement without the need for the consumer and the entrepreneur to be together in the same room at the same time.
General Terms and Conditions: The current General Terms and Conditions of the entrepreneur.
Article 2- Our identity
Smart E-CHANNEL UAB;
Vilnius, Šv. Stepono g. 5 Lithuania
Telephone number: +31 85 800 06 16
E-mail address: info@devicedeal24.com
KVK Number 305937720
VAT Number: LT100015809615
Article 3- Conditions
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
The text of these general terms and conditions shall be made available to the consumer before concluding the distance contract. If this is not reasonably possible, it shall be stated that the general terms and conditions can be examined at the entrepreneur before concluding the distance contract and will be sent free of charge as soon as possible upon request of the consumer.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and prior to the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can read it and it may be easily stored on a durable data carrier. If this is not reasonably possible, before the conclusion of the distance contract, it shall be stated where the general terms and conditions can be viewed in electronic form and it shall be stated that they will be sent free of charge electronically or otherwise upon the request of the consumer.
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of a conflict between the general terms and conditions, the provision most favourable to the consumer shall always apply.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void and invalid or cancelled, the remainder of the contract and these terms and conditions shall remain in force and the provision in question shall be immediately mutually replaced. A provision as close to the original as possible shall be consulted.
Situations not regulated in these general terms and conditions must be judged ‘according to the spirit’ of these general terms and conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in accordance with the spirit’ of these general terms and conditions.
Article 4 - Offer
If the offer has a limited period of validity or is made subject to conditions, this shall be clearly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to modify and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good evaluation of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot lead to compensation or termination of the contract.
Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours correspond exactly to the actual colours of the products.
Each offer contains information so that the consumer clearly understands what rights and obligations are associated with the acceptance of the offer. This concerns in particular the following:
Price including taxes;
Any transportation costs;
How the agreement will be concluded and what actions are required for this;
Whether the right of withdrawal applies;
Method of payment, delivery and performance of the contract;
The period of acceptance of the offer or the period during which the entrepreneur guarantees the price;
the amount of the remote communication fee, if the cost of using the technology for remote communication is calculated on a basis different from the normal basic fee for the means of communication used;
Whether the contract is archived after its conclusion and, if so, where the consumer can consult it;
Whether the consumer can check and, if desired, restore the data provided by him/her under the contract before signing the contract;
other languages in addition to Dutch in which the agreement can be concluded;
The code of conduct offered by the entrepreneur and how the consumer can consult this code of conduct electronically;
The minimum duration of the distance contract in case of a long-term transaction.
Article 5- Agreement
Without prejudice to the provisions of paragraph 4, the contract shall be concluded at the moment of acceptance of the offer by the consumer and compliance with the conditions laid down.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the acceptance of the offer electronically. Unless this acceptance is confirmed by the entrepreneur, the consumer may terminate the contract.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and to ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
Within the legal frameworks, the entrepreneur can inform himself about all facts and factors that are important for the consumer to be able to fulfill his payment obligations and also for the responsible conclusion of the distance contract. If on the basis of this examination the entrepreneur has valid reasons for not entering into the contract, he is entitled to reject an order or request with reasons or to attach special conditions to the execution.
The entrepreneur shall send the following information with the product or service to the consumer in writing or on a durable data carrier in such a way that it can be stored in a manner accessible to the consumer:
The address of the entrepreneur's branch to which the consumer can address complaints;
a clear statement of the conditions and manner in which the consumer may exercise the right of withdrawal or that the right of withdrawal is excluded;
Information on guarantees and available after-sales services;
The information contained in paragraph 3 of Article 4 of these conditions, unless the entrepreneur has provided this information to the consumer before the conclusion of the contract;
the terms for the termination of the contract if the duration of the contract is more than one year or indefinite.
In the case of a term transaction, the provision in the previous paragraph applies only to the first delivery.
Each agreement is concluded on condition that the products in question are sufficiently available.
Article 6- Right of withdrawal
When delivering the products:
The consumer has the option to terminate the contract without giving any reason within 7 days of purchasing the product. This reflection period starts the day after receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.
Return shipping is the responsibility of the consumer.
During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur, together with all accessories provided and - if reasonably possible - in its original condition and packaging.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 7 days from the date of receipt of the product. The consumer must notify the entrepreneur using the model form or by other means of communication such as e-mail. The consumer must return the product within 7 days after stating that he wishes to exercise his right of withdrawal. The consumer must prove that the delivered goods have been returned on time, for example by means of a shipping document.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the Product to the entrepreneur, the purchase is real.
When providing services:
In the provision of services, the consumer has the option to terminate the contract without giving reasons for at least 7 days starting from the day the contract is signed.
Article 7- Costs in case of withdrawal
If the consumer exercises his/her right of withdrawal, he/she shall bear the full costs of the return.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but within 7 days after the cancellation. This is subject to the condition that the product has already been taken back by the online retailer or that conclusive proof of a full refund can be provided. Refunds will be made with the payment method used by the consumer, unless the consumer has expressly consented to another payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in the value of the product.
The consumer cannot be held liable for wear and tear of the product if the entrepreneur has not provided all legally required information on the right of withdrawal, this must be done before the purchase contract is concluded.
In order to exercise the right of withdrawal, the consumer shall comply with the reasonable and clear instructions given by the entrepreneur with the offer and/or at the latest at the time of delivery.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur expressly states this in the offer at least before signing the contract.
The exclusion of the right of withdrawal is only possible for the following products:
Created by the entrepreneur in accordance with the consumer's specifications;
Which are clearly personal in nature;
Which by their nature cannot be returned;
Perishable or obsolete;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
For individual newspapers and magazines;
Audio and video recordings and computer software whose seal has been broken by the consumer;
For hygienic products where the consumer has broken the seal.
The exclusion of the right of withdrawal is only possible for the following services:
relating to accommodation, transportation, restaurant business or entertainment activities to be carried out on a specific date or during a specific period;
which are delivered with the express consent of the consumer before the cooling-off period expires;
related to betting and lotteries.
Article 9- Price
During the validity period specified in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations on the financial market and over which the entrepreneur has no influence. The responsibility for these fluctuations and that the prices indicated are target prices are stated in the offer.
Price increases within 3 months after the signing of the contract are only allowed if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has foreseen this and:
They are the result of legal regulations or provisions;
The consumer has the right to cancel the contract with effect from the day on which the price increase enters into force.
The prices stated in the product or service offer are inclusive of VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for consequences arising from printing and typographical errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10- Compliance and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications specified in the offer, the reasonable reliability and/or availability requirements and the legal provisions and/or government regulations in force at the time of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
The warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
The statutory guarantee applies to all products. The duration of the statutory guarantee may differ depending on the nature of the product.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of detection.
The warranty is not valid in the following cases:
The consumer repairs and/or adjusts the delivered products himself or has them repaired and/or adjusted by third parties;
the delivered goods have been subjected to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or the packaging has been tampered with;
the defect is wholly or partly the result of regulations imposed or to be imposed by the government with regard to the nature or quality of the materials used.
Article 11- Delivery and execution
The entrepreneur shall exercise the utmost care when receiving and fulfilling product orders and when considering applications for the provision of services.
The place of delivery is the address notified by the consumer to the company.
Taking into account what is provided for in paragraph 4 of this Article, the company shall fulfil the accepted orders promptly, but no later than 30 days, unless the consumer agrees to a longer delivery period. In the event of a delay in delivery or non-fulfilment or partial fulfilment of the order, this shall be notified to the consumer no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract free of charge. The consumer has no right to compensation.
All delivery times are indicative. The consumer cannot derive any rights from the stated deadlines. Exceeding the deadline does not entitle the consumer to compensation.
In the event of termination pursuant to paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after termination.
If the delivery of an ordered product turns out to be impossible, the entrepreneur shall make every effort to provide a new product. At the latest at the time of delivery, it will be clearly and unambiguously stated that the new product will be delivered. The right of withdrawal on exchanged products cannot be excluded. The costs of the return transport are borne by the entrepreneur.
Unless expressly agreed otherwise, the risk of damage and/or loss of the products shall remain with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and notified to the entrepreneur.
Article 12- Term Transactions: Duration, Cancellation and Extension
Cancellation
The consumer may terminate a contract concluded for an indefinite period and covering regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of not more than one month.
The consumer may terminate a contract concluded for a fixed period and covering regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of at least but not more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
To cancel at any time and not be limited to cancelling at a specific time or within a specific period;
Cancel at least in the form in which it was signed by him;
Always cancel with the notice period that the entrepreneur has agreed for himself.
Addendum
An agreement concluded for a fixed term and covering the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the preceding paragraph, a contract concluded for a fixed period of time and covering the regular delivery of daily news, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer refuses. Accept this extended contract. He may terminate the extension with a notice period of no more than one month.
A contract concluded for a fixed term and covering the regular delivery of goods or services may be extended indefinitely by implication only if the consumer may cancel it at any time with a notice period not exceeding one month and, if the contract covers the regular but less than once a month distribution of daily, news and weekly newspapers and magazines, a notice period not exceeding three months.
An agreement of limited duration for the regular distribution of daily, news and weekly newspapers and magazines for demonstration purposes (trial or demonstration subscription) is not tacitly continued and automatically expires after the trial or demonstration period.
Duration
If the term of a contract is more than one year, the consumer may terminate the contract at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness prevent termination before the end of the agreed term.
Article 13- Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days from the commencement of the reflection period specified in paragraph 1 of Article 6. In the case of a contract for the provision of services, this period starts from the date of payment by the consumer.
The consumer has the obligation to immediately notify the entrepreneur of any inaccuracies in the payment details provided or indicated.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to claim the reasonable costs notified to the consumer in advance.
Article 14- Complaint Procedures
The entrepreneur has an adequately publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints concerning the performance of the contract must be fully and clearly communicated to the entrepreneur within 2 months of the consumer's discovery of the defects.
Complaints addressed to the entrepreneur shall be answered within 7 days from the date of receipt. If a complaint foreseeably requires a longer processing time, the entrepreneur will respond within 7 days with an acknowledgement of receipt and a notice indicating when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises, which is subject to the dispute resolution procedure.
In the event of a complaint, the consumer must first contact the entrepreneur.
The complaint does not suspend the entrepreneur's obligations, unless the entrepreneur has stated otherwise in writing.
If the entrepreneur determines that a complaint is justified, the entrepreneur will replace or repair the delivered goods free of charge at his own discretion.
Article 15- Dispute situations
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.
Het Weens Koopverdrag does not apply.
Article 16- Additional and Different Provisions
Additional or different provisions to these general terms and conditions may not be unfavourable to the consumer and must be recorded in writing or in such a way that they can be stored on a durable data carrier in a form accessible to the consumer.
