General terms and conditions
1. General terms and conditions
1.1 These terms and conditions apply to all orders that are made at smartuptv.com and by its licensees. If we accept your order, a contract will thereby be established between you and our company and you will receive an order confirmation. In addition, this contract will automatically be subject to general terms and conditions of use. Conditions which deviate from these general terms and conditions shall be considered invalid. Additional agreements or deviations from the general terms and conditions outlined in the contract shall only be honoured if expressly agreed to in writing or effectively via email.
1.2 Acquisition of the smartupbox: wireless data services are offered only by your chosen ISP; they shall be held accountable for their respective services. For more information, please refer to the general terms and conditions of the contract with your ISP.
2.1 We can accept your order only if you are at least 18 years of age.
2.2 You may submit your order via email to email@example.com or by phone by using the phone number indicated on our website.
2.3 Upon receipt of your order, we will send you a web order number online. However, if you submitted your order by phone, your web order number will be provided to you over the phone.
2.4 Your order signifies that you have entered into a contract with our company which is therefore subject to general terms and conditions. We assume no obligation to accept your order.
2.5 If we accept your order, we will send you an order confirmation. This may be obtained by email. In the event that we do not accept the order, we will attempt to contact you by phone or via email.
2.7 Information presented on our smartuptv.com website, contained in our brochures or promotional materials or presented by our agents or employees only constitutes an invitation to send in orders. This information does not constitute an offer to end a contract in any way.
3. Scope of delivery
Please refer to the order confirmation or the smartuptv.com website for details regarding delivery and the delivery of ordered products.
4.1 The product price is based on the invoice sent to you.
4.2 You are responsible for payment of VAT at the applicable rate as indicated on your invoice.
4.3 These goods are subject to free shipping only within the EU.
5. Payment method
5.1 The various possible methods of payment are stated on the smartuptv.com website.
5.2 Payment must be made in the currency stated on the invoice.
5.3 The invoice, any other payment requests, and products ordered will be mailed to the address specified in the order confirmation. We may, however, send the documents via email if you provided an email address on your order form.
6.1 We will send your products to the delivery address listed on your order confirmation unless otherwise specified. 6.2 We will endeavour to produce the ordered products within 14 days after issuance of your order confirmation. Production times indicated for your order are estimates only and do not necessarily equate to delivery and service dates. If you have ordered several products at one time, please note that the individual products may be manufactured and delivered at different times. Delivery times must be arranged directly with smartuptv.com and its licensee or with a service provider associated with our company. If a delivery date was agreed to for your order, you must adhere to it. If you cannot meet the delivery time or if you do not have the necessary equipment although it had been discussed at a previous appointment, smartuptv.com and its operator are not liable with respect to this particular service.
6.3 Ownership and transfer of risk with regard to the product/s ordered is effective at the time of product delivery.
7. Right of withdrawal
Right of withdrawal is in accordance with statutory requirements. It does not include supply of computer software in sealed packages if you opened the seal. It also does not include delivery of products that are produced according to customer specifications or clearly tailored to personal needs or that are not suitable for return shipment based on their condition.
7.1 Compliance with right of withdrawal In the event of an effective right of withdrawal, the goods and services from both sides must be returned and, if applicable, derived benefits (such as interest) must be surrendered. If you fail to provide us with all or part of the received good/s or if it/they are in a deteriorated condition, you are responsible for compensation of the respective value. The surrender of goods does not apply if the deterioration is exclusively due to its inspection which might be the case if it was purchased from a retail shop. You will not be held responsible for value replacement if you do not use the product as its owner and refrain from doing anything that could possibly reduce its value. Transportable items may be returned at our risk. You must bear return costs if the delivered goods match the order or if the price of the order does not exceed € 4,000.00. You must also bear the return costs if you have not yet paid the consideration of the order’s price at the time of order cancellation or if you have not yet provided a contractually agreed partial payment.
7.2 Processing Please call the free phone number listed on the smartuptv.com website between 9:00 and 17:00 Monday through Friday. Please have your order number ready to cancel or return the product/s. This way, we may process your request as quickly as possible. If possible, we ask you to return the product in its original packaging or to at least package it appropriately so that it may be safely transported. It is also recommended that you send it from a transport company so that they may provide you with a signed receipt for your personal records.
7.3 Right of withdrawal expiration If the subject of the contract also applies to a service, your right of withdrawal with regard to the service lapses prematurely before you may exercise your right of withdrawal if the contract has been fulfilled by both parties at your explicit request.
7.4 Miscellaneous Right of withdrawal is in accordance with statutory requirements. It does not include the supply of computer software in sealed packages if you opened the seal or delivery of products that have been produced according to customer specifications, clearly tailored to personal needs or which are not suitable for return shipment based on their condition. This returns policy does not apply to your use of the smartuptv.com website. The statutory rights are not affected.
7.5 Cost payment agreement If you exercise your right to withdraw, you must bear return costs if the delivered goods match the order or if the price of the order does not exceed € 4,000.00. You must also bear the return costs if you have not yet paid the consideration of the order’s price at the time of order cancellation or if you have not yet provided a contractually agreed partial payment.
8. Software and hardware
8.1 All software and hardware that we provide to you is subject to the provisions of applicable licence agreements. These licence conditions are outlined on the smartuptv.com website.
8.2 It is your responsibility to ensure that the software product or software and/or hardware packages ("bundles") you order match your needs and your existing equipment particularly in regards to their compatibility with your systems and processes.
8.3 You also have the opportunity to download software which is available for this purpose. You will receive instructions regarding software downloading. If the transmission is interrupted during the downloading process, you should restart the download.
9. Telephone support
9.1 Unless otherwise noted on the smartuptv.com website, we provide telephone support at the time of your order for hardware (defined below) and software in the form of software packages and or independent software (defined below). You may purchase this from our website.
9.2 Telephone support is limited to telephone advice for set up, installation and related issues.
9.3 Telephone support is available weekdays between 9:00–17:00. The telephone support number is listed on our website. These telephone calls are made at your own expense.
9.4 We will do our best to resolve your request the first time you call telephone support to the extent that it is possible. However, we cannot guarantee a solution on the first call any more than we can guarantee that we will be able to resolve your queries whatsoever.
10. Two-year hardware warranty
10.1 All of the smartuptv.com and related licensee hardware products come with a two-year limited warranty for defects in materials and workmanship. Software, services, or other such products are not included. The warranty does not represent a promise or guarantee of condition and does not create other legal consequences in addition to those explicitly stated in the warranty claims of the respective end user. Our warranty liability excludes poor product maintenance by the customer, non-compliance of our storage facility, non-compliance or violation of the operator's manual, or any kind of changes made to the delivered product/s whatsoever by means of machines and equipment.
10.2 Products that are not labelled with the smartuptv.com brand: All warranty claims arising from any defect in products that are not marked with the smartuptv.com brand and its licensees (including those provided by the sub-products or product packages which have been included for promotional purposes only and are not marked with the Apple brand) may potentially be claimed under warranty of the respective manufacturer depending on the particular product. Claims in respect to existing manufacturers’ guarantees should be made either directly to the manufacturer or by calling us. In the latter case, we will make reasonable efforts to bring about a solution on your behalf.
A contractual or non-contractual liability for damages caused by smartuptv.com, its licensees, its employees and/or agents for whatever legal grounds may exist only if the damage was caused by gross negligence or intent. An absolute liability under the Product Liability Act for injuries to life, limb or health or because of the at least slightly negligent breach of a contractual obligation remains unaffected. The damages for the violation of essential contractual obligations is limited to typical, foreseeable damage if there is no wilful misconduct or gross negligence or liability for injury to life, limb or health. A change in the burden of proof to your disadvantage is not connected to the aforementioned regulations.
12. Retention of title
Ownership of the goods we supplied will be transferred upon receipt of full payment of our total accounts receivable/sales contract of the purchaser/owner. The retention of title also remains where particular claims are recorded against the customer in a current account and the balance is accepted. The customer is entitled to resell the reserved goods in the ordinary course of business; however, a pledge or collateral assignment is not permissible. The customer is obliged to secure our credit rights for the resale of goods. Upon conclusion of the contract, the customer relinquishes his/her right to claims for the resale of goods if they are resold to us and we accept the cessation. Any eventual reworking or processing of goods subject to title retention will be handled by the customer in such a way that we will not incur any obligation. In processing, combining or mixing the goods subject to title retention with other goods not belonging to us, the ownership share of the new object is proportional to the value of the goods subject to title retention to the rest of the goods. If the customer acquires sole ownership of the new object, we agree that the customer acknowledges our joint ownership of the new item proportional to the value of the manufacturing or specifically the value of connected, mixed or blended processes. This will be detained at no cost to us. The customer agrees to make unusual regulations of the jointly owned item (i.e. pledge, deed of security) only with our prior consent. If the goods subject to title retention are resold together with other goods, the aforementioned advance assignment shall only be valid in the amount of the value of the goods subject to title retention which are being sold together with other goods. The customer has the right to revoke at any time to include claims arising from resale of the goods. He/she is not entitled to dispose of such claims by assignment to another party if our rights are at stake. At our request, the customer must provide necessary information to collect the assigned claims and must inform the debtor about their assignment. In the event of any compulsory enforcement measures made by a third party for the goods subject to title retention or claims assigned in advance, the customer must inform us immediately by handing over the documents necessary for an intervention. We commit ourselves to release the pre-existing terms of securities of our own free will upon the customer’s request if the value of the secured claims exceeds 20%.
13. Data protection
We may store, process and use your personal data and that of your users and other guests, if applicable. We are entitled to use this data for the purposes of running our business. Upon written request, we will send you a list of your stored personal data free of charge. We will correct your incorrectly stored data upon your written request. As long as you consent to allow us legally permissible use of your personal data, you may revoke this consent at any time.
14. Force majeure
In the event that we are prevented from fulfilling our obligations under a contract by force majeure or because of other circumstances beyond our control, we assume no liability. If there is a delay in cases of force majeure or because of other circumstances beyond our control, we will honour our commitments as soon as reasonably possible under the circumstances.
15. Governing law and jurisdiction
These provisions and all stipulations under these provisions are subject to German law. The jurisdiction is Hildesheim. The same applies if your domicile or habitual residence was within the country at the time the complaint was filed.
16. Other provisions
16.1 If our or your individual rights are not valid under a contract of an individual case, this does not constitute a waiver of such rights.
16.2 In the event that any provision of these terms and conditions or specifically a contract is deemed invalid or unenforceable, the remaining provisions shall remain unaffected. In this case, both parties are obliged to reach a solution for the invalid provision in the form of economic remuneration. This shall also apply in the case of a loophole.