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General conditions of Sale

These General Conditions governs the terms and conditions to which Smartness SRLS ("Smartness") will provide the consumer with products of consumer electronics and related accessories (hereafter the "Product" and the "Products" together with the service) with the Smartness brand (hereafter the "Service" and the "Services") for sale on-line on the B2B Smartness website https://www.smartness.online (hereinafter the "Site"). These General Conditions apply exclusively to the Products and Services sold by Smartness through the Site. Please read carefully and understand these General Conditions before making a purchase order of any Product and / or Service on the Site. The user intends to make a purchase order must declare that he has read, understood and accepted the contents of these General Conditions. If the user does not accept these General Conditions, he will not be able to place any purchase orders for any Product sold on the Site. The user is asked to print and keep a copy of this document for future reference.

1. - SCOPE OF APPLICATION

1.1. - These general conditions of sale are for exclusively the business relationships between SMARTNESS s.r.l.s. and customers, with the exception of any other agreement not agreed in writing.

1.2. - The present general conditions of sale have as their object the purchase of products made remotely by means of an electronic network, through the Internet site https://www.smartness.online domain name registered in the name of SMARTNESS s.r.l.s. based in Naples (NA).

1.3. - Given that the computer network called World Wide Web has no geographical definition, contracts concluded electronically in application of these general conditions are intended for the address https://www.smartness.online residing in a server located in Italy.

1.4. - The customer, by sending his purchase order, unconditionally accepts these general conditions of sale, which therefore must be considered as an integral and essential part of the contract of sale

2. - PRICES

2.1. - The prices published by SMARTNESS are , packaging costs, transport costs, shipping costs, VAT and taxes excluded. All shipping costs and any additional services requested (fullfillment, warehouse, logistics, etc.) and any additional charges (minimum order contribution, flat-rate contribution for direct delivery to the end user) are charged to the customer.

2.2. -Prices may be changed at any time by SMARTNESS without notice.

3. - ORDER AND CONCLUSION OF THE CONTRACT

3.1. - Orders must be sent by the customer in writing, by internet or fax or email, through the forms available on the website https://www.smartness.online

3.2. - The contract ends when SMARTNESS sends to the Customer a written confirmation (by internet or fax) of the order received, indicating the relative "order number".

3.3. - The customer can request the total or partial cancellation of the order. SMARTNESS reserves the right to accept or refuse the cancellation.

3.4. - Except in the case of a credit line granted to the customer by SMARTNESS, the fulfillment of the order is subject to the condition precedent of the payment of the price by bank transfer.

3.5 - The customer undertakes to keep the traceability by telephone and mobile phone usage for the entire duration of the contractual relationships in force, in order to facilitate relations between the parties and enable SMARTNESS to improve the offered service, also with contacts direct and for short routes.

4. - OFFERS AND PROMOTION

4.1. - The information contained on the website https://www.smartness.online or on advertising media in general, about the products marketed by Smartness and the relative prices constitute an invitation to negotiation. None of such information may be considered as an offer to the public pursuant to art. 1336 c.c.

4.2. - The orders of products being promoted will be processed while stocks last and on condition that the bank accountant or debit bookkeeper assesses the fixed beneficiary reaches Smartness at least 1 day before the expiry of the promotion. Otherwise the promotion will be considered expired and the price will be updated to the ordinary price list.

5. - TRANSPORTATION AND DELIVERY

5.1. - The goods are shipped in free port, insured with charge of the transport insured on the invoice. If, at the request of the customer, the goods were shipped to the assigned port, the risk for the loss or damage of the goods will be charged to the customer from the time of delivery of the goods to the vehicle.

5.2. - It is understood that with the delivery of the goods to the carrier the relevant identification is perfected pursuant to art. 1378 of the Italian Civil Code, so that the effects of the transfer of the ownership of the goods to the customer will start from that moment.

5.3. - The delivery, unless otherwise agreed, will take place on the ground floor and during office hours: from 8.30 to 12.30 and from 14.00 to 18.00 on non-holiday days and from Monday to Friday. Any other delivery method must necessarily be agreed in advance with Smartness when ordering or in a preventive phase and will involve a personalized offer.

5.4. -At the time of delivery of the goods, the customer is required to verify, in the presence of the driver, the integrity of the packages and any seals, the quantitative and qualitative correspondence of the packaging with what is indicated in the transport document (DDT). In the event of any discrepancy, the customer must indicate a specific reserve of the anomaly on the paper document or on the digital device (handheld) provided by the carrier and the same must be confirmed, within 5 calendar days, to Smartness via email communication at sinistri@smartness.online or by fax or registered letter. Even in the case of packaging intact, the customer must verify the quantitative and qualitative congruence of the goods, reporting defects and hidden anomalies within 7 days of delivery. Any report of defects and anomalies beyond the terms above will not commit the company Smartness s.r.l.s.

6. - PAYMENTS

6.1. - Initial condition for order fulfillment (unless otherwise agreed in writing with Smartness) is the advance bank transfer. These conditions will be maintained until a possible granting of the credit and therefore of other payment methods.

7. - LIMITATION OF LIABILITY

7.1. - In case of ascertained responsibility of Smartness for total or partial non-fulfillment of the contract, Smartness shall not be liable for indirect and / or unpredictable damages incurred by the customer. In any case, the total compensation due to the customer cannot exceed the price paid by the customer.

7.2. - The customer renounces to Smartness s.r.l.s. to the right of recourse provided for by art. 131, Legislative Decree 206/2005 (Consumer Code).

8. - COMPLAINTS

8.1. - Any complaints regarding the products supplied must be received within 15 days from the delivery of the goods. The products eventually defective at the origin, will be replaced with the same number and the conditions found on the "Customer Care" page.

9. - PROCESSING OF PERSONAL DATA

9.1. - Pursuant to Regulation (EU) 2016: 679, the customer declares to be aware that the "personal data" communicated and / or exchanged, even during pre-contractual relations, will be processed in accordance with the aforementioned European legislation.

9.2. - The customer acknowledges that he has received a specific information from Smartness and that he has explicitly expressed consent for the aspects for which said expression of will is required.

9.3 - With reference to par. 9.2, the Customer agrees to be aware that the following cases of disclosure of data to third parties when this is necessary for the execution of a contract of which the data subject is a party or for the execution of pre-contractual measures taken at the request of the same:

- to verify the reliability of the information provided by the client in the case of collection of information from public registers, lists, deeds or documents that can be known by anyone;

- to give each individual customer specific commercial credit;

- in case of execution of the contract through the Italian Post Office, shipping agencies, couriers, logistics companies, etc .;

- for the administrative and accounting needs of Smartness related to the use of accounting, tax, labor, as well as banks or law firms;

- for administrative and accounting purposes, including management control activities, as well as the carrying out of activities to support the activities of each individual subsidiary such as, for example, the management of information systems.

9.4. - As a retailer, the customer ensures that he will enter his customers' personal data in the reserved area of ​​the Smartness site only after having given the same information on the communication of data to the same Smartness when this is necessary for the execution of a contract of which the interested party is a party or to execute pre-contractual measures taken at the request of the same (for example for the delivery of the "sold" directly from Smartness to the final customer); furthermore, it assures that it will carry out any further communication to Smartness only after having obtained the explicit consent of the interested parties for the purpose of direct marketing, profiling, and in case of and in case of transfer of personal data to other companies of the Group for the aforementioned purposes of direct marketing and profiling (this category also includes the data processed in the case of explicit and voluntary participation in loyalty programs).

9.5. - Again, the customer ensures that they have read the Regulation on the security obligations of retailers operating on the Web and that:

- will monitor compliance with the instructions given;

-all the natural persons who have been assigned the respective authentication credentials will respect the content.

9.6. - The customer, moreover, will ensure the updating of the information entered in all the web accounts referring to it, by the individual users assigned the related personal credentials.

10. - JURISDICTION

10.1. - For any dispute regarding the interpretation or execution of these general conditions and / or contracts stipulated between the customer and Smartness pursuant to these general conditions, the Court of Naples (Court of Naples - Judge of Peace of Naples). In case Smartness s.r.l.s. take on the role of the plaintiff can also 'appeal to the Court or the Court of Peace in whose constituency is the customer's headquarters.

11. - MODIFICATION OF THE GENERAL CONDITIONS OF SALE

11.1. – Smartness s.r.l.s. reserves the right to modify, without notice, these general conditions of sale. The changes will take effect from the date of their publication on the website https://www.smartness.online

As part of the pre-contractual and contractual relationships it has with smartness SRLs., With these Regulations to provide some instructions on compliance with safety requirements that is required to enforce all users, holders of computer accounts. 1.

GENERAL SAFETY OBLIGATION

We inform you that SMARTNESS has adopted the appropriate IT measures, as well as ' pre-established various configuration options available to the customer, having in mind that it is up to the Data Controller to minimize, through the adoption of appropriate and preventive security measures, the risks of destruction or loss, even accidental, of the data itself, of unauthorized access or treatment not allowed or not in accordance with the purposes of the collection. Therefore, on the basis of the wide range of options established by SMARTNESS, the customer is obliged to comply with the measures indicated.

AUTHENTICATION PROCEDURES ON THE WEBSITE

The access to the accounts is exclusively allowed to the natural persons in charge of the web account, after passing an authentication procedure, which consists of a code for identifying the personid (userid) associated with a reserved password (password) and exclusively known by you. In this regard, the customer must provide the necessary instructions to ensure the confidentiality of the password, keeping it properly and taking care that third parties can not know it, even inadvertently or fraudulently. It must not be allowed access the account web, if not supervised. In order to avoid unauthorized access, the pass word must not contain references that are easily traceable to the person in charge. The credentials must be disabled in the event of a loss of quality that allows the user access to the account.

OTHER SAFETY MEASURES

Before accessing web the account by electronic means, you need to verify that the terminal is protected: - against the risk of intrusion and malware action, constantly updated; - from the risks of unauthorized access through the use of suitable electronic tools (so-called firewall). The periodic updates (the cd patches) of the operating system and the browser used to access the web account must be updated, in order to prevent any vulnerabilities. A policy for the management and protection of digital media, also removable, containing personal data is adopted. If not used they are destroyed or rendered unusable.

VALIDITY OF THE ACCOUNTS

Without prejudice to the obligation to verify the existence of the conditions for the use and conservation of authorization profiles, accounts not used in any case are automatically deactivated by SMARTNESS after a period of three years, upon notice made one month before and 15 days before. After further seven years and six months, the accounts and personal data are permanently deleted, without prejudice to the right of SMARTNESS to keep the information necessary to guarantee and defend the exercise of a right of SMARTNESS srls. and to demonstrate its actual existence.

                                                                 PRIVACY POLICY UPDATED TO GDPR

                                              (GENERAL REGULATIONS ON DATA PROTECTION) 679/2016

• HOLDER AND RESPONSIBLE FOR DATA PROCESSING

The owner and responsible for data processing is the company Smartness s.r.l.s., Piazzetta Arenella, 7h - Villa San Severino - 80128 Naples (NA), Italy - VAT number IT08483171214, e-mail below SMARTNESS.

• PERSONAL INFORMATION COLLECTED

Personal data means any information relating to an individual, to a company or other type of organization, provided by the user through registration on the site www.smartness.online and the purchase of services provided.

Personal data are collected through the registration form on the site www.smartness.onlinethe user through the registration provides the data necessary for the creation of their account and for the tax and administrative obligations arising from the purchase of services.

To identify the applicant, provide the required services and guarantee the security of access, we can process the following data: name and surname, company name / company / organization, tax code, VAT number, e-mail address, address, telephone number .

The computer systems and software used to enable the use of the website acquire information relating to the communication protocol used and in particular the IP address or hostname, the URL of the requested page, the HTTP method used, the response code, the page processing time, transferred bytes, browser and operating system information; these data are used to process anonymous statistics on the use of the website, detect technical problems, detect unauthorized access attempts or cyber attacks.

• OBLIGATORY NATURE AND CONSEQUENCES OF THE REFUSAL TO SUPPLY AND PROCESS DATA

All data for which consent is required for the collection and processing are those strictly necessary to proceed with the registration and purchase of services and those necessary for the provision of services: in case of lack of consent it will not be possible to provide the services requested.

• SUBJECTS TO WHICH PERSONAL DATA CAN BE DISCLOSED

The personal data collected can be communicated to subjects who, in compliance with the applicable regulations, have the right to request access including those that are located outside the country of residence or the registered office of the user.

• GEOGRAPHIC SCOPE OF THE PROCESSING ACTIVITY

The data are processed within the European Community.

• STORAGE

Personal data collected and processed for tax and administrative purposes are kept for the time required by current legislation (10 years) and it is not possible to request early cancellation.

The customer who made the registration to the site without making the purchase has the right to request the cancellation of their data in the manner described in paragraph 10, if you do not wish to keep your account active.

• PURPOSE OF THE TREATMENT

The processing of data, made on specific user consent, is made for:

- the purchase and possible activation and maintenance of the requested service;

- fulfillment of legal obligations;

- identification of fraudulent behavior;

- the purposes of ascertaining and suppressing crimes;

the protection of SMARTNESS rights in court.

If explicitly requested by the user through the approval to receive the newsletter, personal data can be used to send promotional communications.

• COOKIES

Cookies are data files stored by the visitor's browser on the computer, on the site smartness.online are used for the purposes and in the ways described below.

• PUBLIC AREA - ACCESSIBLE WITHOUT REGISTRATION

While browsing the public site, the user can access pages for which a session cookie must be used to maintain the language settings required for navigation or to complete the registration process successfully. This type of cookie falls into the category of "technical cookies" and can be deleted when the browser is closed or remain in the visitor's PC according to the settings of the browser.

• RESERVED AREA - ACCESSIBLE ONLY AFTER REGISTRATION, WITH USER NAME AND PERSONAL PASSWORDS

Access to the private area requires the use of a session cookie and additional cookies to maintain the information necessary to:

- recognize the connected user and therefore allow the purchase and management of services from the website;

- store the information in the cart when ordering and activate any promotions on the chosen services;

- allow the user to use the automatic login function.

These cookies also fall into the category of "technical cookies".

The session cookie can be deleted when the browser is closed or remain in the visitor's PC based on the browser's settings. Any other cookies generated as a result of the use of the features of the reserved area by the user is maintained until the browser is closed, or, if the user requires the automatic access function, until the exit from the reserved area via the appropriate button.

The website smartness.online does not use profiling cookies but only the cookies indicated above; there are no advertisements or third-party content on the website.

For statistical purposes and analysis of site visits, we use Google Analytics with anonymized IP. Google Analytics is a web analytics service provided by Google Inc. ("Google"). Google uses the data collected in order to track and examine the use of this site, compile reports and share them with other services developed by Google.

This integration of Google Analytics makes your IP address anonymous. Anonymisation works by shortening the IP address of the Users within the borders of the member states of the European Union or in other countries participating in the agreement on the European Economic Area. Only in exceptional cases, the IP address will be sent to Google's servers and shortened within the United States.

Visitors are identified only with registration and access to the reserved area.

• WHAT HAPPENS IF THE COOKIES ARE DELETED OR DEACTIVATED?

Web browsers allow you to delete cookies and block their acceptance. By blocking or eliminating cookies, it is not possible to register or access the private area and, if there is a navigation function between the contents of the pages that require the use of a cookie, this will not work.

• PROFILING

The personal data collected are not used for user profiling.

• RIGHTS OF THE INTERESTED PARTY

The interested party can exercise the following rights related to the personal data processed:
- access their personal data;
-request the correction or cancellation of data;
- request the limitation of treatment in accordance with Article 18 of the GDPR;
- request a copy of the data in standard format;
- revoke the consent previously provided.

The requests must be submitted according to the following procedures:
- by registered mail to Smartness s.r.l.s - Via E. Nicolardi, 174 - 80131 Naples (NA) - Italy
- via pec at mail@pec.smartness.srl
- by e-mail to privacy@smartness.online

Pursuant to art. 77 of the GDPR, the interested party has the right to file a complaint with the competent supervisory authority if it considers that the processing of the data is contrary to the law in force.

• CHANGES TO POLICY

This Policy, in force since 25 May 2018, governs the processing of personal data of SMARTNESS.

Legislative changes or the services provided may make it necessary to update the Policy, users are invited to periodically visit this page to stay updated.