General terms and conditions
§ 1 Allgemeines | General
The contractual partner for all contracts concluded via the online offer:
SmartPlay - www.smartplay.gg
Smart Trade ApS
Phone: +45 93919493
VAT ID no.: DK40675973
Hereinafter referred to as SMARTPLAY.
§ 2 Geltungsbereich | Scope
For the business relationship between SMARTPLAY and the customer, these general terms and conditions apply exclusively in the version valid at the time of the order, unless otherwise agreed. Deviating conditions of the customer are not recognized unless SMARTPLAY expressly agrees to the validity of the other conditions.
Contracts for the online offer are only concluded with end consumers (hereinafter “customers”). According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
SMARTPLAY concludes contracts exclusively with persons who have already reached the age of 18. When entering personal data before the contract is concluded, customers are therefore asked for their date of birth.
The right of cancellation in § 8 of these terms and conditions does not apply in the context of business relationships between SMARTPLAY and entrepreneurs according to § 14 BGB. Customers who are not sure whether they are consumers or entrepreneurs are advised to exercise their right of withdrawal in a timely manner. If the subsequent legal examination shows that the customer is an entrepreneur within the meaning of § 14 BGB, sentence 1 applies.
§ 3 Vertragsschluss / Technischer Vorgang / Vertragssprache | Conclusion of contract / technical process / contract language
The presentation of the goods does not constitute a binding contract offer. By submitting an order in the online shop, the customer submits a binding offer. SMARTPLAY reserves the right to freely decide whether to accept the offer. The acceptance takes place by sending the goods. If the customer does not receive a delivery within two weeks after receipt of an order confirmation, the customer is no longer bound to his order. We only bind ourselves to the purchase once you have received the goods.
On the respective pages of the goods offered in the online shop, the customer can place one or more items in the virtual shopping cart by clicking on the "Add to shopping cart" button or a corresponding graphic symbol. After placing all desired items in the shopping cart, the customer can start the ordering process by clicking on the "Shopping Cart" button or the corresponding graphic symbol.
An order is only possible for registered customers. Customers who have not yet registered can register for the first time on the page with the overview of the selected goods by providing their personal data. In this step, customers who are already registered can log in with their access data by clicking on the corresponding button.
The customer also selects the shipping methods offered on this page. A selection can be made between the shipping companies that work with SMARTPLAY.
Furthermore, the customer can select the payment method he wants on the site. Payment in advance, via the system of the SMARTPLAY cooperation partner DIBS and by credit card are available to him.
Before sending the binding order, he has the opportunity to check the number and type of the selected goods and correct them if necessary. With the usual browser functions and by clicking on the individually selected goods or symbols, these as well as the other data of the order can be called up, removed and changed. In this step, the customer confirms by ticking the appropriate box that they have read these General Terms and Conditions and agree to them.
At the end of the page, the customer transmits all the data of his order by clicking on the "Confirm order" button and submits a binding offer. A page will open confirming the customer's order. SMARTPLAY accepts the offer in accordance with paragraph 1.
The text of the contract is only available in German.
§ 4 Teillieferungen | Partial Deliveries
SMARTPLAY is entitled to make partial deliveries if this is reasonable for the customer.
§ 5 Preise | Prices
The prices listed include the statutory value-added tax, but no shipping costs. Any shipping costs will be indicated separately. With an order value of more than €24.95, delivery within the Federal Republic of Germany is free of charge. For purchases below this amount, a shipping fee of €3.95 will be added to the order. In this regard, § 6 of these provisions applies.
In the case of contracts with an agreed delivery time of more than six weeks, SMARTPLAY reserves the right to increase the prices in line with the cost increases that have occurred, provided that SMARTPLAY is not responsible for them. If the customer does not agree with the price increase, he has the option of withdrawing from the contract.
§ 6 Warenlieferung, Versandkosten, Rücksendekosten
§ 6 Delivery of goods, shipping costs, return costs
Deliveries in Europe is shipped with GLS or B2C EUROPE.
With all payment methods, shipping takes place after the order has been processed by SMARTPLAY, which usually takes place after SMARTPLAY has reserved the payment amount. The amount is debited after the goods have been dispatched.
Delivery is free for customers in the Federal Republic of Germany for orders over €24.95. Shipping to countries outside the Federal Republic of Germany is not possible.
The customer bears the cost of returning the goods when exercising the right of withdrawal. When returning defective or incorrectly delivered products under the warranty according to § 10 of these terms and conditions, SMARTPLAY bears the return costs.
When returning an order, please use our ReturnPortal
However, you are free to return the goods directly to us.
Smart Trade ApS
Hornsyld Industrivej 4-6
§ 7 Zahlung | Payment
The following payment options are available to the customer:
Payment by credit card
When paying by credit card, the customer's credit card will be charged immediately upon completion of the ordering process. After SMARTPLAY has received feedback that the credit card has been charged, the invoice amount is debited from the customer's credit card. If the debit is successful, the goods will be shipped. Payment by credit card does not trigger any additional fees.
§ 8 WIDERRUFSBELEHRUNG | CANCELLATION INSTRUCTIONS
Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In the case of a single order for several goods that are delivered separately, the cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. If the goods are delivered in several partial consignments or pieces, the cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last partial consignment or the last piece. has. In the case of a contract for digital content that is not delivered on a physical medium,
In order to exercise your right of withdrawal, you must send us an email at: firstname.lastname@example.org a clear statement about your decision to withdraw from this contract. You can use the attached sample cancellation form, but it is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of the revocation:
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You also have to bear the additional costs if you have the goods collected at your own request. Goods which, due to their nature, cannot normally be returned by post and which have already been delivered to you, will be picked up at our expense.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to
- contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, 2. contracts for the delivery of
goods that can spoil quickly or whose use-by date would soon be exceeded,
- Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery,
- Contracts for the supply of clay - or video recordings or computer software in a sealed package if unsealed after delivery and at
- Contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
- Contracts for the delivery of digital content that is not on a physical data carrier if, after your express consent, we have started executing the contract before the end of the cancellation period and you have confirmed to us that you are aware that this consent Beginning of the execution of the contract Your right of withdrawal expires.
END OF REVOCATION
Information on the online dispute resolution procedure of the EU
The EU Commission has opened an online dispute resolution portal where you can file a claim or complaint. The portal is particularly relevant if you live in an EU country other than Denmark, as SmartPlay.gg headquarters are in Denmark. You can submit your claim/complaint here: http://ec.europa.eu/odr . If you use this option for dispute resolution, please enter our e-mail address: email@example.com.
Please note we are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 9 Eigentumsvorbehalt | Retention of title
Until the goods have been paid for in full, they remain the property of SMARTPLAY.
§ 10 Gewährleistung und Haftung | Warranty and Liability
If there is a defect in the purchased item, the customer can choose to request supplementary performance in the form of a remedy of the defect or the delivery of a new item free of defects.
If the supplementary performance fails twice or if the customer has unsuccessfully set a reasonable deadline for supplementary performance, the customer is entitled to choose between withdrawing from the contract or demanding a reduction in price.
The limitation period is two years from delivery of the goods. In the case of used items, the limitation period is one year from delivery of the goods.
If you buy a download product, we guarantee that it will work for up to 3 years.
Cases of liability for defects are to be settled directly with SMARTPLAY. Negotiations with independent representatives who are not directly employed by us do not constitute negotiations within the meaning of Section 203 (1) BGB.
SMARTPLAY is liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of SMARTPLAY 's legal representatives or their vicarious agents. Insofar as SMARTPLAY is not accused of intentional or grossly negligent breach of contract, liability for damages is limited to the foreseeable, typically occurring damage. SMARTPLAY is not liable for the violation of ancillary service obligations with the exception of pre-contractual ancillary service obligations in the case of slight negligence.
Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act and other mandatory statutory provisions.
If your complaint is found to be unjustified or has no faults/defects, you may incur costs and/or service fees associated with handling the complaint under warranty.
If SMARTPLAY is responsible for a delay in delivery that has occurred, liability is determined according to the statutory provisions, whereby damage caused by delay is only compensated if SMARTPLAY, its legal representatives or its vicarious agents can be accused of intent or gross negligence. Compensation for damage caused by delay is limited to the foreseeable, typically occurring damage.
§ 11 Transportschäden
§ 11 Transport damage
If the customer recognizes transport damage to the delivered goods/packaging upon delivery, the customer is asked to have this confirmed in writing by the employee of the transport company when accepting the goods and to inform SMARTPLAY of this. The omission of a written confirmation has no consequences for the statutory warranty rights of the customer. The written confirmation of the carrier only supports the assertion of the claim by SMARTPLAY against the carrier or the transport insurance. Goods that have been damaged in transit should not be used by the customer. If the customer takes photographs of the damage, the customer must send these pictures as evidence to SMARTPLAY – firstname.lastname@example.org
§ 12 Datenschutz | Data protection
SMARTPLAY points out to the customer that the data recorded as part of the conclusion of the contract will be collected, processed and used by SMARTPLAY in accordance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) to fulfill the obligations arising from the purchase contract. This data can also be transmitted to commissioned partners (e.g. shipping companies) that have been carefully selected in accordance with § 11 BDSG in order to fulfill contractual obligations.
The text of the contract is saved by SMARTPLAY and sent to the customer with the order data by e-mail. Registered customers can view the orders they have already placed in the protected customer area.
When registering for the newsletter, the e-mail address and the name of the customer will be used for advertising purposes by SMARTPLAY with their consent until the customer unsubscribes from the SMARTPLAY newsletter.
All data will only be used for the stated purpose and will not be passed on to unauthorized third parties.
§ 13 Abs. 1 TMG | Paragraph 1 TMG
To create access statistics, the following data is collected when the website is called up:
- IP address
- URL of the page called up
- Referer (the previous page from which the page called up was referred to)
- Date and time of access
- Duration of access
The data collected when the website was visited Data will only be used internally for the stated purposes and will not be passed on to third parties.
This website uses plugins from the social network facebook.com. This plugin is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). By calling up a website with this plugin, a connection to the Facebook servers is established and the plugin is displayed on the website by notifying your browser. This transmits to the Facebook server which websites you have currently visited. If you are logged in as a member of Facebook, Facebook assigns this information to your personal Facebook user account. When using the plugin functions (e.g. by clicking the "Like" button), this information is also assigned to your Facebook account, which you can only prevent by logging out before using the plugin.
This website uses plugins from the social network Twitter. These plugins are operated by Twitter, Inc., 1355 Market St., Suite 900, San Francisco, CA 94103, USA ("Twitter"). By calling up a website with this plugin, a connection to the Twitter servers is established and the content of the plugin is transmitted to Twitter by a message from your browser. This is how Twitter learns which websites you have currently visited. If you are logged into your Twitter account when you visit this website, Twitter can assign your visit to your account. If you interact with the plugins (e.g. by clicking the "Tweet" button), this information will also be assigned to your Twitter account, which you can only prevent by logging out of your Twitter account before using the plugins.http://twitter.com/privacy ).
Objection, revocation, information, correction, blocking, deletion
The user of the SMARTPLAY website has the right to revoke their consent to the use of their data in accordance with § 15 Para. 2 No. 4 TMG and to request information about the data collected during use at any time. He also has the right to request the correction, blocking or deletion of this data within the framework provided by law. To exercise the above rights or to declare an objection to the creation of a user profile, the user sends an e-mail to email@example.com - insofar as this is necessary for his request - his IP address and the time of access. SMARTPLAY will then provide the requested information and arrange for the data to be corrected, blocked or deleted, insofar as this is possible. Information can also be provided electronically upon request.
§ 14 Hinweis auf Batteriegesetz und das Elektrogesetz | Reference to the Battery Act and the Electrical and Electronic Equipment Act
In connection with the sale of batteries and rechargeable batteries, SMARTPLAY, as a dealer, is obliged under the Battery Act to inform customers as consumers of the following:
Batteries must never be disposed of with normal household waste. End users are legally obliged to return batteries and accumulators. SMARTPLAY will accept the batteries and rechargeable batteries free of charge after use. Returned batteries and accumulators are to be sent to the address given in § 1. End users can also return the batteries to a municipal collection point or to local retailers.
Batteries containing harmful substances are marked with a symbol consisting of a crossed-out dustbin and the chemical symbol
Pb = battery/accumulator contains lead
Cd = battery/accumulator contains cadmium
Hg = battery/accumulator contains mercury.
of the heavy metal that is decisive for the classification as a pollutant.
Electrical and electronic devices must also not be disposed of with normal household waste. Distributors are obliged to take back the devices they have placed on the market. All electrical and electronic equipment can be handed in free of charge at the municipal collection and return points. Small electrical and electronic devices with an edge length of less than 25 cm can be returned to the address given in § 1. You can find more information on our " Electronics disposal " service page .
§ 15 Schlussbestimmungen | Final Provisions
Should a provision of these general terms and conditions be ineffective, this does not affect the remaining provisions. The relevant statutory provisions shall apply in place of the ineffective provision.
The law of the Federal Republic of Germany.
The place of performance and place of jurisdiction, as far as legally permissible, for deliveries and payments as well as all disputes arising between the parties is Berlin. In the case of end consumers, the place of performance and jurisdiction is the buyer's registered office. If the private end user is not domiciled within the European Union, the place of jurisdiction is Berlin. In transactions with end consumers within the European Union, the law at the end consumer's place of residence may also be applicable, provided that mandatory consumer law provisions are involved.
Last updated June 1, 2023