In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, we inform you that the ownership of the domain of our virtual shop www.thesmarton.com corresponds to SMART ON S.L (hereinafter, THE COMPANY); with C.I.F. nº B93673382 and address at CALLE MARIE CURIE, NUM. 20 PLANTA BJ, PUERTA D PARQUE TECNOLOGICO 29590 MÁLAGA – (MALAGA); with e-mail address info@thesmarton.com and contact telephone number 951 083 198.

Users who make purchases on www.thesmarton.com fully accept these General Terms and Conditions and shall be bound by them, as if they were written at the time of contracting/purchase.

It will be an essential requirement to read and accept the GTC, prior to the purchase of any product through www.thesmarton.com.

SMART ON S.L. reserves the right to modify the General Terms and Conditions at any time and without prior notice. The General Terms and Conditions will always be accessible from the website, so that the user can consult them or print them at any time.

The prices and conditions of sale are for information purposes only and may be modified according to market fluctuations. However, the placing of the order by filling in the purchase form implies conformity with the price offered and with the general conditions of sale in force at that particular moment. Once the order has been formalised, the purchase will be understood to be fully completed, with all the legal guarantees that protect the purchasing consumer and, from that moment, the prices and conditions will have a contractual nature and may not be modified without the express agreement of both contracting parties. In the event of any type of typographical error in the

Once the order has been placed, you may be informed at any time of the status of your order up to the moment of delivery via our telephone numbers that appear on the website or by e-mail at info@thesmarton.com.

MODIFICATION OF THE GENERAL TERMS OF USE

SMART ON S.L. may modify these General Terms of Use by notifying users sufficiently in advance in order to improve the services offered through the Website. All modified conditions will come into force automatically at the time of their publication. By modifying the General Terms of Use displayed on the Website, this duty of notification shall be deemed to have been fulfilled.

In the event that SMART ON S.L. considers that such modification may be detrimental to any user, it may notify the user by other electronic means it deems appropriate.

Continued use of the Website by users implies acceptance of the same and of any modifications made to the General Terms of Use. The latest version of the General Terms of Use will always be available on the Website. Link to the current terms

CORRECT USE OF THE SERVICES AND USER OBLIGATIONS

The Client undertakes to:

Use the Services in a diligent, correct and lawful manner and, in particular, by way of example but not limitation, undertakes to refrain from:

Use the Services in a manner, for purposes or with effects contrary to law, morality and generally accepted good customs or public order.

Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorised by the owner of the corresponding rights or it is legally permitted.

Carry out any act that may be considered an infringement of any intellectual or industrial property rights belonging to SMART ON S.L. or third parties.

Use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for direct sales purposes or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to market or disclose such information in any way.

The Client shall be liable for damages of any kind that SMART ON S.L. may suffer, on the occasion of or as a result of a breach of any of the obligations set out above, as well as any other obligations included in these General Terms and Conditions and/or those imposed by law in relation to the use of the Website.

SMART ON S.L. shall at all times ensure that the current legal system is respected, and shall be entitled to interrupt, at its sole discretion, the Service or exclude the Client from the Website in the event of the alleged commission, complete or incomplete, of any of the crimes or offences defined by the current Criminal Code, or in the event of any conduct which, in the opinion of SMART ON S. L., is contrary to these Terms and Conditions, or in the event of any conduct which, in the opinion of SMART ON S. L., is contrary to these Terms and Conditions. L. are contrary to these General Terms and Conditions of Contract that operate for this Website, the Law, the rules established by SMART ON S.L. or its collaborators or may disturb the proper functioning, image, credibility and/or prestige of SMART ON S.L. or its collaborators.

The registered User undertakes to make diligent use of and to keep secret the password and User name assigned to him/her to access his/her registration information, products and services of SMART ON S.L. The User shall be liable for any damages caused by the use of the products and services by any third party who uses his/her password and User name for this purpose due to non-diligent use or loss of the same by the User. In order to prevent this situation, in the event of loss of your password and User name, please contact us immediately at info@thesmarton.com.

The data provided in the registration process must be exact, precise and truthful. Additionally, the User assumes the commitment to keep his/her information updated by communicating any modification to SMART ON S.L.

The User shall be responsible, in any case, for the veracity of the data provided and shall be responsible for notifying SMART ON S.L. of any change in the same, and SMART ON S.L. reserves the right to exclude from the registered services any User who has provided false data, without prejudice to any other actions that may be applicable by law.

The User undertakes to notify SMART ON S.L. immediately by sending an e-mail to info@thesmarton.com of any unauthorised use of his or her User account, as well as any unauthorised access by third parties.

SMART ON S.L. reserves the right to reject any request for registration or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this giving rise to any right to compensation or indemnification in favour of the User.

The confirmation of the purchase order indicates that the User accepts the specifications and characteristics of the good, product or service chosen.

  1. PRICES

The price of the products offered on the Website is shown in euros (€) and includes VAT, although VAT may not be deductible under the used goods regime.

The price of the product is the price in force at the time of confirming the purchase and proceeding to payment. The prices reflected on the Website are subject to revision and modification by SMART ON S.L. In no case will the revision and modification of prices generate rights to those who have previously contracted services.

In the event that SMART ON S.L. makes offers, the customer may take advantage of said offer during the time established for this purpose, it not being possible for past offers to guarantee future offers.

  1. OBLIGATIONS OF THE PARTIES

The customer guarantees the truthfulness and accuracy of the data provided when filling in the contracting forms, and must avoid causing damage to SMART ON S.L. as a result of the falsity or inaccuracy of the data provided.

The customer must pay the price of the products purchased, without the presentation of a claim exempting him/her from this obligation.

In the event that the customer does not accept the delivery, the transport costs shall be borne by the customer.

If the customer receives a product other than the one ordered, due to an error on the part of Smart On or the transport company, the customer undertakes to collaborate in the replacement/collection of the erroneous product/s, as well as to deliver the product/s in perfect condition, taking responsibility for any possible damage that the product/s may have suffered since receipt of the same by the customer.

The offers will be valid for the period specified on the Website.

SMART ON S.L. cannot be held responsible for any interruptions, delays, errors or other inconveniences caused by causes beyond its control or that of its IT suppliers, including problems arising from connection software, computer systems, modems, electricity or telecommunications networks.

SMART ON S.L. undertakes to inform the User of the existence of these General Conditions of Contract, as well as the characteristics of the services contracted, such as the price and taxes applicable to the product, depending on the country of origin, the customer being responsible for any possible customs costs that may arise for purchases made outside the EU.

SMART ON S.L. undertakes to confirm to the user via email the effective completion of the purchase, within 24 hours of acceptance of these Conditions. Likewise, a copy of this text will be made available to the user.

Failure to comply with any of these conditions may result in the withdrawal or cancellation of the Services by SMART ON S.L. without prior notice to the Client and without the Client being entitled to any compensation whatsoever.

  1. PURCHASING PROCESS

The purchase will be made using the SMART ON S.L. website, whose link is: www.thesmarton.com.

By accessing this link the customer will have at his disposal the products, as well as a brief description of these, offered by SMART ON S.L. on its website. The User may add the products he/she wishes to his/her virtual shopping cart, and may review the contents of the cart at any time before deciding to proceed to payment. The introduction of the product in the shopping cart does not imply the reservation of the same (unless a blocking time has been included (in which case the time will be specified).

  1. METHODS OF PAYMENT.

The User may make payment in the following ways:

POS
PayPal
BIZUM
  1. SHIPPING METHODS AND DELIVERY TIMES.

The product/s purchased will be processed immediately upon receipt of payment, with an estimated delivery time of 48/72 working hours if the order is placed in mainland Spain. The delivery time will be between 3/7 working days in the case of the Canary Islands, Balearic Islands, Ceuta, Melilla and abroad (within the EU), and may be longer in countries outside the EU.

Normal shipping costs are free of charge, depending on the country of shipment. Shipments will be made by the transport companies with which Smart On has contracted the service, according to the countries and shipping method selected.

The User undertakes to enable the delivery of the requested order by providing a “delivery address” to which the requested order can be delivered within the agreed delivery schedule of the products purchased, as well as a telephone number so that the transport agency can contact the customer for any matter relating to the shipment/delivery of the product/s purchased. In the event that the User provides SMART ON S.L. with an incorrect “delivery address”, SMART ON S.L. shall have no responsibility for the delay or impossibility of delivery of the order requested by the registered User, reserving the right to cancel the purchase made, or the user will assume the new delivery costs.

However, delivery times may vary depending on the specific circumstances of each order. In particular, transport times may be altered due to extraordinary incidents and difficulties in the delivery of the goods.

  1. AVAILABILITY OF PRODUCTS.

All product orders will be processed once payment has been received. If there are difficulties in the supply of products or if there are no items in stock, we reserve the right to provide you with information about other products. In that case, we will refund any amount you may have paid or you will be charged/credited the difference of the product finally purchased/accepted.

  1. SMART WARRANTY

So that you can enjoy the quality and reliability of our products, we offer you up to 2 years of warranty offered exclusively by SMART ON S.L.
When is the guarantee activated?

The warranty period starts from the moment you purchase your Smart On product. To process the warranty we need you to send us your purchase receipt, so we offer you the option of activating your warranty through our section Activate your warranty to make it easier for you to manage any type of incident, without having to worry about the possibility of losing your purchase receipt and the associated warranty.
Where can I get more information about the warranty?

For more information about the warranty, you can contact us in the Customer Service section and one of our agents will be happy to help you.

In what case would the warranty be invalid?

The warranty will be void if the device is damaged due to misuse. This includes, but is not limited to:

  • Physical damage and/or misuse, liquid damage, repairs and/or modifications to the product made by unauthorised third parties. During the refurbishment process, the devices are opened so that testing can be carried out, it is for this reason that refurbished products sold by Smart On are not guaranteed to be waterproof, losing the IPXX rating for those terminals that may include it at the time of manufacture.
  • Modifying the exterior of the device by pasting “decorative” images on the device may void the warranty if it affects the interior mechanics of the device or permanently damages the casing or screen.
  • Downloading illegal software, altering the IMEI number on the device, if it has been erased, removed or made unreadable, or if the internal data of the device does not match the proof of purchase.
  • Failure to properly follow the installation process and instructions for use, and the use of products or accessories that are not compatible with the device – such as generic accessories and/or other contaminated ancillary devices.
  • Devices that are reported or suspected of theft will not be accepted.
  • Terminals that have been damaged in transport due to deficiencies in packaging on the part of the customer, as well as damage caused by transports contracted directly by the customer himself, shall be excluded from the warranty.
  1. SMART WARRANTY REPAIRS

If I need a warranty repair, where can I go?

You can contact our Smart On customer service at sat@thesmarton.com and one of our agents will be happy to help you to find out about your problem and confirm whether your device is still covered by the Smart On warranty, according to the purchase receipt, and whether the necessary repair would be covered. If so, your Smart On product will be collected from the address provided within 24/72 working hours.

The repair/treatment of your product will be carried out within 7 working days of receipt of the terminal at Smart On’s facilities. Once the incident has been processed, the product will be sent/credited/replaced, with the corresponding deadlines depending on the case.

What do I need to provide along with my phone to access the warranty and any necessary repairs associated with it?

The proof of warranty is the original invoice or receipt of purchase of the Smart On product, so we advise you to always keep it at hand and in a safe place or activate your warranty once you have received the product. To activate your warranty, please visit our section Activate your warranty.
What should I do before handing in my device for a warranty repair?

In order to be able to collect your device, it must be sent back in the same way you received it (in the original box with all its accessories, aesthetics…). In addition, it is very important that you unlink the “Find My iPhone” and “iCloud” accounts, which are currently active, as well as the unlock codes so that the technical service can check the device.

To deactivate the accounts, follow the simple steps below:

1) ‘Settings’.

2) Click on your name and tap on ‘Find’.

3) Click on ‘Find my iPhone’. Uncheck this option (you must enter the password you set yourself when you first purchased the phone).

4) Find the ‘iCloud’ -> ‘iCloud Drive’ option and tap on ‘Deactivate’.

5) To sign out completely, tap on your name again and tap on ‘Sign out’ (the Keychain and Safari apps must be disabled).

If you do not have access to the terminal to deactivate the accounts, you can do it remotely through www.icloud.com/.

Due to the Data Protection policy, your phone will be restored to factory settings once received at our SAT, so we recommend that you make a backup copy.

In the event that the phone is broken, tampered with by unauthorised third parties or damaged due to misuse, the handset loses its warranty and a repair quote will be automatically generated. If this estimate is rejected by the customer, he/she will have to pay the amount of 15€ VAT INCLUDED for the shipping and handling costs of the technical service. The customer must send proof of payment and, once verified by the financial department, the terminal will be sent back to its facilities without repair.

  1. CANCELLATION OF ORDERS / RIGHT OF REVOCATION

You have the legal right to cancel/revoke an order during the period specified below (14 days). If, during this period, you do not wish to keep a product for any reason, you can notify us of your decision to cancel the order and receive a refund once the terminal has been collected and tested by our technical service and its condition has been checked.

Any damage to the product or its accessories caused since receipt of the product by the customer may give rise to a reduction in the amount to be reimbursed proportional to the value of the damage caused to the product/accessories.

In the event of a reduction in the amount to be reimbursed, the customer may accept this reduction or keep the product purchased, paying for the carriage for its return to the final destination.

  1. NOTIFYING US OF YOUR WISH TO CANCEL/REVOKE AN ORDER

To exercise your right to cancel/revoke your order, you must inform us of your decision to cancel your order. You can fill in the . You can also contact our customer service team by email or telephone. We will send you an email to confirm that we have received your cancellation. If you send us an email or letter, please include the order number and the IMEI of the handset, if applicable, so that we can identify it.

If you cancel/cancel your order:

1- We will refund the price you paid for the products. However, please note that the law allows us to reduce the amount of the refund to reflect any reduction in the value of the products/accessories, if this is because you have handled them in a way that would not be permitted in a shop; for example, for a purpose other than determining the nature of the products, their characteristics or their operation.

2- We will refund the delivery charges you have paid, although, as permitted by law, the maximum refund will be the equivalent of the delivery charges for the cheapest delivery method we offer (provided that it is a customary and generally acceptable method of delivery).

3- We will make any refund you are entitled to as soon as possible and in no case more than 14 days, if applicable, a full refund will be made once approved by our technical service after verification of the condition of the product/accessories.

If you have received the product before deciding to cancel the order.

1- You must return it to us without undue delay and in no case more than 30 days from the date on which you have notified us of your wish to cancel the order. In order to return it, the customer may arrange for it to be sent by a courier or ask Smart ON to arrange for the product to be collected.

2- Unless the product is defective or does not correspond to its description, you will be responsible for the cost of returning the products.

  1. LEGAL LAW

These General Conditions of Sale shall be governed by Spanish law. In the event that any provision of these General Conditions of Sale shall be unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these Conditions of Sale unenforceable or void as a whole. In such cases, SMART ON S.L. will proceed to modify or replace such stipulation with one that is valid and enforceable and that, as far as possible, achieves the objective and intent reflected in the original stipulation.