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Our website address is: https://boxtvsmarters.com/.
Thank you for visiting Smarters TVBox. We mainly offer Android boxes optimized for multimedia use such as Streaming, IPTV, OTT. And also accessories such as wireless keyboards, remote controls, etc.
1. General provisions
1-1 Acceptance of the general conditions: The customer declares to have read the general conditions of sale and to have accepted them without reservations before placing an order.
Any order implies acceptance of the general conditions of sale in force.
1-2 Object: These general conditions of sale establish the contractual conditions exclusively applicable to any contract relating to the purchase of our products concluded by a buyer having the quality of consumer.
1-3 Scope: These contractual provisions are only applicable to products ordered, delivered and invoiced to buyers established in metropolitan France, excluding Corsica and the continental islands.
1-4 Contractual provisions: The nullity of a contractual clause does not entail the nullity of the general conditions of sale, except if it is an impulsive and decisive clause having led one of the parties to conclude the contract. of sale.
The customer is deemed to have accepted without reservation all the provisions of these general conditions.
1-5 Modification of the GCS: The seller reserves the right to modify its general conditions of sale at any time.
The applicable general conditions of sale are those in force on the date of the order placed by the customer.
2. Orders
2-1 Definitive nature of the order: Any order signed by the customer constitutes a firm and definitive sale subject to its acceptance by the seller.
2-2 Modification of order: Modification of the order by the customer: The orders being definitive and irrevocable, any request for modification made by the customer is subject to the acceptance of the seller.
Modification of the order by the seller: The seller undertakes to deliver a product in conformity with that ordered.
In case of unavailability of the product ordered, the seller offers the customer, who must give his agreement, the supply of an equivalent product likely to replace the product ordered.
In the event of disagreement by the customer, the unavailability of the product ordered shall result in the cancellation of the order and the reimbursement of the customer.
The seller may nevertheless make changes to the ordered product that are linked to technical developments under the conditions provided for in Article R. 212-4, al. 4 of the Consumer Code.
2-3 Validity of the order: The seller reserves the right to refuse any order for legitimate reasons and more particularly in the event that the quantities ordered are abnormally high compared to the quantities usually ordered by buyers as consumers.
2-4 Termination or cancellation of the order: The order can be canceled by the customer by registered letter with request for acknowledgment of receipt in the event of:
- delivery of a product that does not conform to the declared characteristics of the product;
- delivery exceeding the deadline fixed in the order form or, in the absence of such a date, within thirty days following the conclusion of the contract, after the seller has been ordered, according to the same methods and without result, to make delivery within a reasonable additional time;
- a price increase that is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the customer may demand reimbursement of the deposit paid for the order plus interest calculated at the legal rate from the date of receipt of the deposit.
The order can be canceled by the seller in the event of: - refusal by the customer to take delivery;
- non-payment of the price (or the balance of the price) at the time of delivery.
In all these cases, the deposit paid with the order remains with the seller as compensation.
3. Products
3-1- Characteristics of the products: The customer can, prior to his order, take note of the essential characteristics of the products he wishes to order by consulting the pre-contractual information which was communicated to him by the seller before any order, on the website. of the company.
The photographs and graphics appearing in the catalog or the website are given for information only and do not constitute a contractual commitment by the company guaranteeing a perfect similarity between the product ordered and the product represented.
3-2- Availability of stocks: The products are offered and delivered within the limits of available stocks.
In case of unavailability of the product ordered, the seller immediately informs the customer and can offer him a product of equivalent quality and price or, failing that, a voucher for the amount of the order usable for any next order.
In the event of the customer’s disagreement, the seller shall reimburse the sums paid within a period of 2 months.
Apart from reimbursement of the price of the unavailable product, the seller is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.
4. Price
4-1- Selling price: The selling price of the products is that in effect on the day the order is placed.
All our prices are inclusive of VAT (VAT at the common law rate in force and eco-contribution(s) applicable where applicable included) shipping costs included.
4-2- Price modification: The seller reserves the right to modify its prices at any time, in particular in the event of a cost increase, it being understood that, in the event of a price increase subsequent to the order, only the price fixed on the day of this order will be applicable to the customer.
In the event of a price increase due to the application of the tariff in force on the day of delivery, the customer has the right to cancel the order.
5. Payment of the price
5-1- Exigibility: The price is paid in cash at the time of the order except for specific terms expressly stipulated.
The price is paid in cash on the day of the order.
Sums paid in advance when ordering cannot be considered as a deposit.
In the event of payment spread over three months or in the event of payment of the balance on delivery, the sums paid with the order are considered as a deposit.
5-2-Retention of title clause: The seller remains the owner of the products sold until full payment of the price and the customer undertakes, as long as the property is not transferred to him, to take all the necessary precautions for the good preservation of products.
5-3- Methods of payment: Payment can be made on the site by bank card using the Stripe payment service.
5-4- Late payment: Any sum not paid on the due date is productive, without prior notice, of interest at the legal rate.
5-5- Default of payment: The seller reserves the right, when the agreed price is not paid on the due date, either to request the execution of the sale, or to terminate the contract by simple registered letter with request of acknowledgment of receipt and to retain, as compensation, the deposit paid with the order.
In the event of multiple installments, failure to pay one of the installments entails, when the seller does not opt for the resolution of the order, the immediate payment of subsequent installments.
6. Delivery
6-1 Definition: Delivery means the transfer to the customer of physical possession or control of the goods.
6-2 Delivery time: The products are delivered or the services are provided on the date or within the time indicated on the order form.
In the absence of any indication as to the date of delivery or performance of the services, the seller undertakes in any case to deliver the products or to provide the services within a maximum period of 30 days from the signature of the contract.
6-3 Late delivery: When the product ordered is not delivered or the service is not provided on the date or at the end of the period mentioned on the order form, the customer may, after having ordered without success the seller to perform his obligation to deliver within a reasonable additional period, terminate the contract by registered letter with acknowledgment of receipt or in writing on another durable medium.
6.4 Place of delivery: The products are delivered to the address indicated by the customer when ordering on the x96.fr website.
6.5 Availability of products: In the event that the products ordered are unavailable on the date of delivery, the provisions of article 3-2 of these general conditions of sale will be applied.
6-6- Terms of delivery: Delivery is made by direct delivery of the product to the customer or, failing that, by the seller sending a notice of availability to the customer.
Within fifteen days of the notice of availability, the customer must collect the product ordered.
In the absence of withdrawal within the time indicated, the seller may, after a formal notice from the customer, which has had no effect, proceed with the withdrawal, automatically cancel the order and retain the deposit paid as compensation.
When the product is delivered to the address indicated on the order form by a carrier, it is up to the customer to check, in the presence of the delivery person, the condition of the product delivered and, in the event of damage or missing items, to issue reservations on the delivery note or on the transport receipt, and possibly to refuse the product and notify the seller.
6-7- Delivery and transfer of risk: The risk of loss or damage to the goods is transferred to the customer when he takes, or to a third party he has designated, physical possession of the goods, without distinction according to its nature. .
The product, which is delivered to the customer by a carrier chosen by him, travels at the risk and peril of the customer from the delivery of the goods to the carrier.
6-8- Transfer of ownership: From the full payment of the price fixed in the order form and/or the invoice, the ownership of the product is transferred to the customer.
6-9- Spare parts: In accordance with Articles L. 111-4 and D. 111-4 of the Consumer Code, “The seller must confirm the purchase of the goods on the order form or the general conditions of sale or on any other durable medium to the customer the information he has already given as pre-contractual information and which was delivered to him by the manufacturer or importer of movable property concerning the period during which or the date until which the spare parts essential to the use of a good are available. »
7. Withdrawal
Buyers, non-professional individuals, benefit from a withdrawal period of fourteen days from the delivery of their order to return the product to the seller for exchange or refund without penalty, except for return costs. No return will be accepted if the returned product is incomplete, if the packaging is missing or if the product, or one of its accessories, shows signs of improper use.
In addition, the right of withdrawal cannot be invoked if the customer has benefited from one of our personalized services such as:
- automation of a product;
- installation of applications requested by the buyer;
- access and use of our product updates;
- or any other modification of the system requested by the buyer.
8. Compliance
The seller undertakes to provide goods that comply with the legal requirements in force and with the contractual requirements.
The seller is responsible for the non-compliance of the good with the conditions of common law and consumer law.
9. Legal guarantee of conformity
8-1- Customer information: By application of articles L. 111-1, 4º and R. 111-1 of the consumer code, all products supplied by the seller benefit from the legal guarantee of conformity provided for in articles L. 217-4 to L. 217-14 of the consumer code or the guarantee against hidden defects provided for in articles 1641 to 1649 of the civil code.
Regardless of any commercial warranty granted, the seller is liable for defects in the conformity of the goods that are the subject of the contract under the conditions of article L. 217-4 and following of the Consumer Code and for hidden defects in the thing sold within the conditions provided for in articles 1641 and following of the Civil Code.
8-2- Implementation of the guarantee of conformity: In the event of lack of conformity of the goods with the contract, the legal guarantee of conformity mentioned in articles L.217-4 to L.217-13 of the Consumer Code as well as that relating to the defects of the thing sold referred to in articles 1641 to 1648 and 2232 of the Civil Code will apply in accordance with the law.
Article L. 217-4 of the Consumer Code:
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
10. Warranty against hidden defects
Article 1641 of the civil code:
“The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the customer would not have acquired it, or does not would have given a lesser price, if he had known them”.
Article 1648 of the civil code:
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
The customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code.
In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
11. Commercial Warranty
11-1- Debtor of the guarantee: The products are sold under the sole manufacturer’s guarantee and are accompanied by a guarantee slip given to the customer by the seller.
11-2- Object and conditions of the guarantee: The seller undertakes to repair or replace under determined conditions the product sold if a defect appears within 1 month after the return of the goods.
12. Disclaimer
The clauses exonerating or limiting the rights granted to consumers under the guarantee of conformity, the commercial guarantee or the provision of after-sales services are valid when they are concluded after a complaint from the customer.
13. Liability, force majeure, penalty clause
13-1- Exemption from liability and force majeure: The seller cannot be held liable in the event of non-performance or poor performance of the contract due either to the fault of the customer or to the insurmountable and unpredictable fault of a third party to the contract. , or a case of force majeure. Thus, any error or delay in delivery that would be attributable to the competent services, exonerates the seller from any liability in this regard.
13-2- Penalty clause: In all cases of non-performance of its obligations by the customer, the deposit paid with the order remains acquired by the seller as compensation.
14. Cancellation clause
The resolution of the order in the cases provided for in these general conditions of sale will be pronounced by simple registered letter with request for acknowledgment of receipt and will be automatically acquired without legal formality.
15. Processing of personal data
The computerized processing of personal data collected is for the purpose of order management and delivery.
By adhering to these general conditions of sale, you consent to Smarters TVBox, as data controller, processing this data collected for the performance of a sales contract. This data is intended solely for the internal departments of Smarters TVBox and the service providers concerned for the delivery. They will be kept for the duration necessary for the proper execution of your purchase, the associated services where applicable and the assurance of satisfactory after-sales service, unless otherwise provided by law.
In accordance with the provisions of the Law “Informatique et Libertés” n ° 78-17 of January 6, 1978 modified by Law n ° 2016-1321 of October 7, 2016 for a digital Republic and the new General Data Protection Regulations of April 27, 2016 , you have the right to access, modify, forget and/or delete. You also have a right to oppose any processing of data concerning you and a right to limit processing.
To exercise the rights you have, please send a letter, to which you will have attached your identity document, specifying your request to the address given in article 19.
16. Litigation
– Complaint: In the event of a dispute, you must first contact the company’s customer service department, Monday to Friday, from 10:00 a.m. to 5:00 p.m. by email at the address indicated below:.
Phone: +212 610-759607
Email: seller@boxtvsmarters.com
In the absence of a solution within 21 days of your request, you can contact the mediator who will seek an amicable settlement free of charge.
17. Jurisdiction clause
The court with territorial jurisdiction is the court of the defendant’s place of residence or that of the actual delivery of the thing or the performance of the service.
18. Applicable language and law
The language of the contract is the English language.
The law applicable to the contract is international law.
19. Seller's contact details
Phone: +212 610-759607
Email: seller@boxtvsmarters.com
In the event of lack of conformity of the good with the contract, the legal guarantee of conformity mentioned in articles L.217-4 to L.217-13 of the Consumer Code as well as that relating to the defects of the thing sold referred to in articles 1641 to 1648 and 2232 of the Civil Code will apply according to law.
When acting as a legal guarantee of conformity, the customer:
– has a period of two years from the delivery of the property to act;
– can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
– is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods.
We inform you that the legal guarantee of conformity applies independently of the commercial guarantee that may be granted.
The customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction of the selling price. in accordance with article 1644 of the civil code.