Terms and Conditions

GENERAL CONDITIONS / DISCLAIMER

General Terms and Conditions of Smart Bazar, established in Beverwijk. Version valid from 01-04-2018

When you make a purchase through this web store, you agree to a number of conditions that specifically apply to Smart Bazar.

Article 1 - Definitions

In these terms and conditions shall apply:

Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;

Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;

Distance contract: an agreement whereby within the framework of a system for the distance selling of products and / or services organized by the entrepreneur, until the conclusion of the agreement use is made exclusively of one or more techniques for distance communication;

Technology for remote communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time;

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Day: calendar day;

Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;

Durable data carrier: any means that enables the consumer or trader to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.

Article 2. Identity of the entrepreneur

Begijnenstraat 24
1941 BS
The Netherlands
info@smartbazar.nl

Welcome to Smart Bazar


Chamber of Commerce number: 91951798
VAT identification number: NL865828684B01

Article 3. Relevance

  1. These terms and conditions apply to any offer of the entrepreneur and to any established agreement on distance and orders between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge to the consumer
  3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer in the consumer made available electronically a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, indicated where the general conditions may be taken and that they electronically or otherwise will be sent free of charge. Request of the consumer electronically
  4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him 's.
  5. If one or more provisions in these Terms and Conditions are at any time wholly or partially void or destroyed, the Agreement and these Terms remain for the remainder and the relevant provision shall be replaced by mutual agreement without delay by a provision that extends Of the original as far as possible.
  6. Situations that are not governed by these terms and conditions must be evaluated "to the mind" of these terms and conditions.
  7. Uncertainties about the explanation or content of one or more terms of our terms should be explained to the spirit of these terms and conditions.

Article 4. The offer

  1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that is clear to the consumer what rights and obligations are attached. To the acceptance of the offer

Article 5. The agreement

  1. The agreement is subject to the provisions of paragraph 4, established at the time the consumer accepts the offer and meet the corresponding conditions.
  2. If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
  3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take suitable security measures.
  4. The entrepreneur can within statutory frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
  5. The entrepreneur shall forward the following information, in writing or in such a way as to be accessible by the consumer in an accessible manner to a sustainable data carrier, at the latest upon delivery of the product, service or digital content to the consumer:
    the visiting address of the establishment of the business where the consumer can lodge complaints;
    b. the conditions under which and the manner in which the consumer of the right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
    c. the information about guarantees and existing post-purchase service;
    d. the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
    e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
    f. if the consumer has a right of withdrawal, the model form for withdrawal.
  6. In the event of an overdraft transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6. Right of withdrawal

For products:
1. The consumer can terminate an agreement with regard to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s). 2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
c. in contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content which is not supplied on a tangible medium:
3. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer about the reason for the withdrawal, but not to oblige him to state his reason (s).
4. The waiting period specified in paragraph 3 begin on the day following the conclusion of the contract.

Extended reflection for products, services and digital content which is not supplied with no information on withdrawal on a tangible medium:
5. If the entrepreneur consumer statutory notice of the withdrawal right or the standard form does not provide for withdrawal, the withdrawal period shall expire twelve months after the end of the original period of reflection determined in accordance with the preceding paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months after the effective date of the initial grace period, the grace period expires 14 days from the day the consumer receives that information.

You can find the form here:

Model withdrawal form

Article 7. Obligations of the consumer during the cooling-off period

  1. During the bedtime, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only handle and inspect the product as he should do in a store.
  2. The consumer is solely responsible for impairment of the product resulting from a way of dealing with the product beyond that permitted by paragraph 1.
  3. The consumer is not liable for impairment of the product if the entrepreneur has not provided him with all statutory mandatory information on the right of withdrawal before or upon the conclusion of the agreement.

Article 8. Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of his right of withdrawal, he will notify the entrepreneur within the cooling-off period by means of the model withdrawal form or otherwise unambiguously.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (an authorized representative) of the entrepreneur. This does not have to be taken if the entrepreneur has offered the product itself. In any case, the consumer has complied with the return period when returning the product before the time has expired.
  3. The consumer will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the right and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer carries the direct cost of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur decides to bear the costs himself, the consumer does not have to bear the cost of returning.
  6. If the consumer rescinds after having explicitly requested that the provision of the service or the supply of gas, water or electricity that are not ready for sale starts in a limited volume or quantity during the cooling-off period, the consumer is the entrepreneur amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of revocation, compared with the full fulfillment of the commitment.
  7. The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
    the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon revocation or the model form for withdrawal, or;
    b. the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the cooling-off period.
  8. The consumer is not responsible for the full or partial delivery of non-material digital content, provided that:
    a. prior to the delivery, he has not expressly agreed to commence the fulfillment of the contract before the end of the cooling-off period;
    b. he has not acknowledged to lose his right of withdrawal when giving his consent; or
    c. the entrepreneur has failed to confirm this statement from the consumer.
  9. If the consumer makes use of his right of withdrawal, all additional agreements are terminated by law.

Article 9. Obligations of the entrepreneur in case of withdrawal

  1. If the trader makes it possible for the consumer to withdraw electronically, he will immediately send a confirmation of receipt after receiving this notification. 2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has sent back the product, whichever is the earlier.
  2. The entrepreneur uses the same means of payment used by the consumer for repayment unless the consumer agrees with another method. The refund is free for the consumer.
  3. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10. Exclusion of the right of withdrawal

The entrepreneur can the following products and services exclude the right of withdrawal, but only if the Entrepreneur indicated this clearly in the offer, at least in time for the conclusion of the agreement, stated:

  1. Products or services whose price is subject to fluctuations on the financial market on which the entrepreneur has no influence and which can occur within the withdrawal period
  2. Agreements that are concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;
  3. Service contracts, after full execution of the service, but only if:
    a. the execution has begun with the express prior consent of the consumer; and
    b. the consumer has declared that he will lose his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
  4. Service agreements for the provision of accommodation, provided for in the agreement, a certain date or period of implementation and other than for residential purposes, freight transport, car rental services and catering;
  5. Agreements relating to leisure activities provided for in the agreement for a certain date or period of implementation thereof;
  6. Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
  7. Products that spoil quickly or have a limited shelf life;
  8. Sealed products that for reasons of health protection or hygiene are not suitable for being returned and of which the seal has been broken after delivery; 9. Products that are irrevocably mixed with other products after delivery due to their nature;
  9. Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which the entrepreneur has no influence;
  10. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
  11. Newspapers, magazines or magazines, with the exception of subscriptions to this;
  12. The delivery of digital content other than on a tangible medium, but only if:
    a. the execution has begun with the express prior consent of the consumer; and
    b. the consumer has stated that he thereby loses his right of withdrawal.

Article 11. The price

  1. During the period of validity of the offer, the prices of the products and / or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the preceding paragraph, the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence, with variable prices. These fluctuations and the fact that any price targets, are stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  4. Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
    they are the result of laws or regulations, or
    b. the consumer has the power to terminate as of the date the increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.

Article 12. Compliance agreement and extra guarantee

  1. The entrepreneur ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and the statutory provisions existing on the date of the conclusion of the agreement and / Or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
  2. A supplementary guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer may under the agreement apply to the entrepreneur if the entrepreneur is flawed in compliance with his part of the agreement.
  3. Supplementary Warranty is understood to mean any commitment of the entrepreneur, its supplier, importer or producer in which it grants to the consumer certain rights or claims that go beyond what is legally obligatory in the event of failure to comply with his part of the agreement .

Article 13. Delivery and execution

  1. The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has notified to the entrepreneur.
  3. Subject to the provisions of Article 4 of these Terms and Conditions, the Entrepreneur will execute accepted orders at an expeditious speed, but not later than 30 days, unless another delivery date has been agreed. If delivery is delayed or if an order can not be executed or only partially, the consumer will receive it by 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without charge and the right to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
  5. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a predetermined representative and known to the entrepreneur, unless explicitly agreed otherwise.

Article 14. Duration transactions: duration, cancellation and extension

Termination

  1. The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.
  3. The consumer can agree the agreements mentioned in the previous paragraphs:
    - cancel at any time and not be limited to termination at a specific time or during a certain period;
    - at least cancel in the same way as they have entered into by him;
    - always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

  1. A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed term.
  2. By way of derogation from the previous paragraph, a fixed-term agreement which provides for the regular delivery of daily newspapers and magazines and magazines may be tacitly extended for a period of up to three months if the consumer agrees to this extended agreement terminate the end of the renewal with a notice period of no more than one month.
  3. An agreement entered into for a limited period of time, which involves the regular delivery of products or services may only be extended for an indefinite period of time if the consumer can terminate at any time with a notice period of no more than one month. The notice period is no more than three months in the event of the agreement being arranged but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

  1. 8. If a contract has a duration of more than one year, after a year, the consumer should the agreement at any time terminate with a notice period not exceeding one month, unless the reasonableness and fairness oppose termination before the end of the agreed term.

Article 15. Payment

  1. Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after commencement of the business term, or in the absence of a notice within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this term will commence on the day after the consumer has received the confirmation of the agreement.
  2. For the sale of consumer products, the consumer must never be obliged to prepay more than 50% in general terms. When prepayment is made, the consumer can not make any right regarding the execution of the relevant order or service (s) before the prepaid payment has taken place.
  3. The consumer has the duty to report. Inaccuracies in data supplied or specified payment immediately to the operator
  4. If the consumer fails to meet his payment obligation (s) in good time, after having been informed by the vendor of late payment and the vendor has given the consumer a period of 14 days to meet his payment obligations, Failure to pay within this 14-day term, the amount owed is due to the statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. This collection fee is up to: 15% on outstanding amounts to € 2.500, =; 10% over the next € 2.500, = and 5% over the next € 5.000, = with a minimum of € 40, =. The entrepreneur may deviate from the amounts and percentages for the benefit of the consumer.

Article 16. Complaints procedure

  1. The entrepreneur has a well-publicized complaints and deals with complaints under this procedure.
  2. Complaints about the performance of the agreement must be submitted within 7 days in full and clearly defined to the entrepreneur after the consumer has identified the defects.
  3. Complaints submitted to the trader will be answered from the date of receipt. Within 14 days If a complaint is a foreseeable longer processing time, within the period of the 14 days responded with an acknowledgment of receipt and indicating when the consumer can expect. A more detailed answer
  4. If the complaint can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
  5. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
  6. If a complaint is found by the vendor, the vendor will either replace or repair the goods at its option or delivered.

Article 17. Disputes

  1. Contracts between the entrepreneur and the consumer covered by these terms and conditions apply exclusively to Dutch law. Even if the consumer is living abroad.
  2. The Vienna Sale Convention does not apply.

Article 18. Additional or different provisions

Additional or different provisions of these terms may not be to the detriment of the consumer and should be recorded or in such a way that they can be stored on a durable medium. Consumers in an accessible manner

Article 19. Additional provisions: Legality of products

  1. All products on the website are legally permitted in the Netherlands. Under no circumstances does Smart Bazar ship products to countries that we know are not allowed. However, we cannot provide any information about the legal status of a product in your country. The list of countries subject to shipping restrictions, as indicated on each product page, is not exhaustive; no rights can be derived from it. You accept the responsibility to inform yourself of the laws, import provisions and customs regulations in force in your country before ordering and you declare that the import of the ordered products is legally permitted in your country. We do not encourage illegal use of our products in any way. If in doubt, we recommend that you consult your lawyer.
  2. Smart Bazar in no way guarantees that the information and products on this website are available, applicable or legally permitted outside the Netherlands. The information provided by Smart Bazar via this website, links to or from other websites, or by its employees by telephone, email or any other means of communication is strictly educational and informative. This information should never be considered as a recommendation to perform certain actions. The use of this information for prohibited activities is entirely at your own risk. Smart Bazar in no way claims that the information on this website is accurate, complete and / or current.
  3. You accept full liability for all injuries, damage, punishment, loss of income or property that arise from the purchase, consumption, use and / or misuse of a Smart Bazar product. The company and its owners, representatives and employees are not responsible for the actions performed by customers or the direct consequences of those actions.
  4. Concerning cannabis seeds: Smart Bazar only sells cannabis seeds as a souvenir and for collection purposes. In most European countries, the germination of cannabis seeds and the possession of cannabis plants is not legally permitted.
  5. We only offer cultivated products for growing plants that are legally permitted. You hereby declare that you will not use these products for illegal or commercial breeding activities. If Smart Bazar suspects that there is any intention of illegal breeding activities, we reserve the right to refuse your purchase.

Article 20. Additional provisions: Medical claims

  1. Do not use our products if you suffer from high blood pressure, cardiovascular disease, diabetes or any other physical condition. Do not use our products during pregnancy or lactation. Do not use our products in combination with MAO inhibitors or any other medication. Driving and using heavy machinery should be avoided when using our products. When in doubt, always consult a doctor and follow his advice. Keep our products out of the reach of children.
  2. Concerning medical claims: Smart Bazar does not in any way claim that its products are suitable for treating, curing or preventing any disease or condition. Smart Bazar does not provide medical advice.

Article 21. Additional provisions: The website

  1. The use of the website and placing orders with Smart Bazar is reserved for persons of 18 years and older.
  2. This website may not be visited, displayed or otherwise viewed in countries where this is contrary to the law or customs regulations.
  3. This website uses tracking cookies to keep track of some settings. The web shop cannot function optimally without these cookies. General website statistics are also kept. It is possible to deregister for this.
  4. All illustrations, photos, design, texts and logos are copyrighted. The distribution, publication and use for commercial purposes is strictly prohibited without written permission from Smart Bazar. All rights reserved.