| 1. |
SmartShirt is a brand name used by SmartWeb Asia Ltd. ("SmartWeb") Any agreement entered into on the SmartShirt website (the "Website"), shall be construed as an agreement between the SmartShirt website customer (the "Customer") and SmartWeb Asia Ltd. |
| 2. |
These general terms and conditions (the "Terms") shall apply to any Order (as defined below) placed through the SmartShirt website. Certain promotions may be subject to separate terms and conditions. SmartWeb reserves the right to, from time to time, change these Terms. |
| 3. |
These Terms are governed by the laws of Hong Kong. Any dispute that may arise from any Order that cannot be resolved amicably, shall be brought before Hong Kong court. |
| 4. |
A Customer can confirm an order for any product on the Website (the "Products") by finishing the payment process in the shopping cart (the "Order"). After an Order has been confirmed, the Order can no longer be cancelled. |
| 5. |
After we have received a Customer's confirmed Order, SmartWeb will send an Order notification of the receipt of the Customer's Order per e-mail (the "Notification") to the e-mail address provided by the Customer on the Website (the "E-mail Address"). The Notification shall include a link to the Specifications (as defined below) in relation to the Order. The Notification also is the invoice for the Order and will contain the total amount due for the purchased Products (the "Purchase Price"). The Notification needs to be kept by the Customer. No separate invoice will be issued by SmartWeb. |
| 6. |
The Website offers PayPal and IDEAL (managed by Mollie BV) as payment methods. Only after SmartWeb has received the PayPal or IDEAL payment for the Order from the Customer in accordance with the invoice in the form of the Notification (the "Payment'), the Order is completed (the "Completion"). PayPal and IDEAL (managed by Mollie BV) shall issue a confirmation of receipt of the Payment and of the completion of the Order to the E-mail Address (the "Confirmation"). |
| 7. |
Custom duties and other taxes (the " Duties") are included in the purchase price for the Products. Should the Customer be charged with Duties in relation to the Order, the Customers should contact SmartWeb within 10 days of the receipt of the assessment of the Duties by the relevant tax authority or customs authority (the " Assessment") at the following e-mail address: customer-service@smartshirt.asia (the " Contact Address"). The Customer can apply for a full refund of the Duties paid by sending a certified copy of the Assessment and the proof of payment of the Duties to the Contact Address. |
| 8. |
SmartWeb retains the right to alter the prices for its Products at any time. Unless stated otherwise, prices for the Products given on the Website are in Euro’s (€). Payment (or part of it) is also accepted with a SmartShirt gift voucher or promotion code. Separate terms and conditions may apply for a gift voucher Order or promotion Order. |
| 9. |
SmartWeb does its best endeavor to deliver the Order to the Customer within 14 working days after the Confirmation is sent to the Customer (the "Confirmation Date"). Delivery times are however only partly within the control of SmartWeb and can therefore not be guaranteed by SmartWeb. Delivery later than 14 days Confirmation Date does not entitle the Customer to cancel the Order nor does it entitle the Customer to any kind of damages, compensation, rebate, partial repayment or repayment in whole of the Purchase Price. |
| 10. |
Orders in relation to tailor made Products (the "Tailor Made Products") cannot be returned to SmartWeb nor can refunds be granted. The Tailor Made Products are made in accordance with the specifications of measurements and other wishes of the Customer at time of the Order (the "Specifications"). Any mistake in inputting the Specifications by the Customer are at the risk of the Customer only. |
| 11. |
Should the Customer find out upon receipt of the Product that the Tailor Made Product has not been made in accordance with the Specifications, the Customer shall e-mail a complaint to the Contact Address and a solution shall be sought per Customer on a complaint to complaint basis. Solutions can include alteration of the Tailor Made Product or replacement with a new Tailor Made Product. |
| 12. |
SmartWeb shall try its best endeavor to provide the fabrics of the Customer's choice as provided in the Specifications. However, the availability of fabrics is subject to stock on hand and vendor availability. In the event SmartWeb concludes that the chosen fabric is out-of-stock after the Confirmation, SmartWeb shall notify the Customer within 72 hours of that event. The Customer shall be provided with the choice to either receive a full refund of the Purchase Price or the receive a gift voucher for the amount equal to the Purchase Price which will allow the Customer to purchase Products from the Website. Fabric colors shown on the Website may differ slightly in color from the actual fabric. Color differences are the result of the monitor used by the Customer. |
| 13. |
In relation to any other Products Ordered not being Tailor Made Products, SmartWeb shall consider any reasonable complaint received within 10 days of the date of the receipt of the Product per e-mail at customer-service@smartshirt.asia. A solution shall be sought per Customer on a complaint to complaint basis. |
| 14. |
In order for the Customer to receive the Products, the Customer will have to provide SmartWeb with a correct mailing address to which the Ordered Products should be sent to. SmartWeb cannot ship Products to PO Box addresses. |
| 15. |
SmartWeb shall not disclose to third parties any personal information provided by a Customer on the Website in relation to an Order. All personal data collected is for the sole purpose of designing the Tailor Made Product and the shipping thereof. Any request from a Customer to have his personal date removed from the SmartWeb database, shall be granted within 5 days of the receipt of that request per e-mail ( customer-service@smartshirt.asia). |
