General Terms and Conditions of Sale — SmartProsumers
Seller identification
These General Terms and Conditions of Sale apply to all orders placed with SmartProsumers, operated by CB Logic Sprl, Rue Max Waller 22, 1190 Forest, Belgium, company number BE0460.684.078, VAT registered.
Contact: contact@smartprosumers.be
Scope
These terms apply to all sales concluded between SmartProsumers and its customers, whether consumers or professionals, unless otherwise agreed in writing and accepted by SmartProsumers.
Placing an order implies full and unconditional acceptance of these terms and conditions, which prevail over any conflicting document issued by the customer, unless SmartProsumers has expressly agreed otherwise in writing.
Products and services
SmartProsumers sells batteries, related accessories and, where applicable, a home installation service.
The essential characteristics of the products and services are described on the website or in the offer sent to the customer. Images, illustrations and descriptions are provided for information purposes only and may show minor differences that do not affect the essential characteristics of the product.
Orders
The order becomes binding once validated by the customer and confirmed by SmartProsumers, according to the online or offline order process made available.
SmartProsumers reserves the right to refuse any order in the event of a payment dispute, incomplete or inaccurate information, or temporary or permanent unavailability of the products or services ordered.
Prices
Prices are stated in euros and, unless stated otherwise, include applicable VAT. Any charges relating to delivery or installation are shown separately before the order is confirmed.
SmartProsumers reserves the right to change its prices at any time, it being understood that the prices charged are those in force at the time the order is confirmed by the customer.
Payment
Unless otherwise agreed, payment is made at the time of ordering using the means of payment offered on the website or otherwise agreed between the parties.
The order will only be processed after payment confirmation or sufficient payment guarantee. In the event of non-payment or refused payment, SmartProsumers may suspend or cancel the order automatically.
Home installation
When the customer selects home installation, the installation service is invoiced at the time of ordering together with the battery and accessories, unless otherwise agreed in writing.
The installation service is separate from the product itself and does not involve any customization of the product. The customer undertakes to make the installation site accessible, safe and compliant with the technical requirements needed for the intervention.
Delivery
Delivery is made in Belgium to the address indicated by the customer when placing the order.
Except in exceptional circumstances beyond SmartProsumers’ control, the delivery time is 10 days, unless a different timeframe is specifically stated at the time of ordering.
Delivery times are provided for guidance only. A delay in delivery gives rise to compensation only in cases expressly provided for by law or in the event of proven fault by SmartProsumers.
Delivery reservations
The customer must check the condition of the parcel and the products upon receipt.
In the event of an apparent issue, damaged parcel, missing item or visible damage, the customer must make precise, dated and written reservations with the carrier at the time of delivery, then confirm the issue to SmartProsumers as soon as possible with any useful supporting evidence.
Any reservations made must be sufficiently detailed to identify the issue. Failing precise reservations does not remove the customer’s statutory rights where applicable under law.
Withdrawal
The consumer has a legal period of 14 calendar days from receipt of the goods to exercise the right of withdrawal, in accordance with the rules applicable to distance sales.
To exercise this right, the customer must send an email to sav@smartprosumers.be clearly stating their decision to withdraw and the relevant order number.
No return may be made without prior written validation from SmartProsumers. After reviewing the request, SmartProsumers will send return instructions and a prepaid return label, if the return is accepted within the applicable legal framework.
The customer must not send the product back before receiving that validation and the return label.
Return conditions
To be accepted, the product must be returned in a condition allowing reasonable resale, complete, not installed, not connected and not put into service, with its accessories and supplied items as far as possible.
The product must not have been used beyond what is strictly necessary to establish its nature, characteristics and functioning.
Any excessive use, assembly, connection to an installation, activation or technical handling beyond a simple inspection may result in a reduction of the refund within the limits allowed by law.
Return costs and procedure
SmartProsumers provides a prepaid return label once the return has been validated.
The customer must use this return procedure exclusively, unless SmartProsumers agrees otherwise in writing.
No return address is published in advance; where needed, the return address is communicated in the instructions sent after validation.
Refund
Upon receipt of the returned product, SmartProsumers will check whether it complies with the return conditions.
The customer will be informed by email of receipt of the return and then of the acceptance or rejection of the refund, depending on the condition of the product and the applicable conditions.
In the event of a valid withdrawal, SmartProsumers will refund the amounts received, including the standard initial delivery costs where required by law, within the legal period applicable, unless the law allows a withholding or deferral due to lack of receipt of the goods or proof of shipment.
The refund will be made using the same payment method used for the order, unless expressly agreed otherwise.
Depreciation of goods
The customer is responsible for any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the product.
If the goods have been used, assembled, damaged, incomplete or modified beyond what is necessary for normal inspection, SmartProsumers may apply a reduction to the refund corresponding to that depreciation, within the limits permitted by law.
Statutory exclusions
The right of withdrawal does not apply in the cases provided for by law, including goods made to the customer’s specifications or clearly personalized goods, sealed goods that cannot be returned for health protection or hygiene reasons once opened, goods that become inseparably mixed with other items after delivery, and digital content or services fully performed with the consumer’s express prior consent and acknowledgement of the loss of the right of withdrawal, where applicable.
The products offered by SmartProsumers are not personalized as such; home installation, when requested and carried out, is a separate service.
Defective or damaged products
If a product is received defective or damaged, the customer must contact SmartProsumers as soon as possible at sav@smartprosumers.be with reasonable evidence of the issue, so that a claim under the statutory guarantee or after-sales service can be opened.
The legal guarantee of conformity applicable in Belgium and in the European Union applies independently of the right of withdrawal.
Legal guarantee
For consumers, the products benefit from the statutory legal guarantee of conformity applicable under Belgian and European law. In the event of lack of conformity, the customer may, depending on the legal conditions, request repair, replacement, a price reduction or termination of the contract where permitted.
For professional customers, the warranty and remedies applicable are those provided by general law and, where relevant, by any specific conditions agreed between the parties.
Sales to professionals
Where the customer acts in a professional capacity, the mandatory legal rules applicable to B2B relationships apply, and these terms may be supplemented or adapted by specific conditions accepted in writing.
Unless otherwise expressly agreed in writing, no special payment period, discount, commercial warranty or other special arrangement can be inferred from these terms in favor of the professional customer.
Liability
SmartProsumers shall not be liable for indirect damages, business interruption, loss of profit or intangible loss suffered by the customer, except in case of gross negligence, fraud or contrary mandatory legal provision.
SmartProsumers’ liability is in any event limited to direct and foreseeable damages resulting from proven fault, to the extent permitted by law.
Force majeure
SmartProsumers shall not be liable for any delay or failure caused by force majeure or any event beyond its reasonable control, including strike, transport disruption, system failure, supplier unavailability or natural disaster.
Governing law and disputes
These terms are governed by Belgian law.
In the event of a dispute, the parties shall seek an amicable solution before any legal action. Failing amicable settlement, the competent courts shall be determined in accordance with applicable law.
Amendments
SmartProsumers reserves the right to amend these terms at any time. The version applicable is the one in force at the time of the order.