Terms of service

Table of contents

1) Scope
2) Conclusion of Contract
3) Right of Withdrawal
4) Prices and Payment Conditions
5) Delivery and Shipping Conditions
6) Retention of Title
7) Limitation of Liability
8) Warranty for Defects
9) Redemption of Promotional Vouchers
10) Applicable Law
11) Alternative Dispute Resolution

 

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of SmartPlayground (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership with legal personality who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but rather serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer by telephone or email to the Seller.

2.3 The Seller may accept the Customer's offer within five days by:

    - sending the Customer a shipping confirmation in text form (fax or email), whereby the receipt of the shipping confirmation by the Customer is decisive, or
    - delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
    - requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed as a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 When selecting the payment method "PayPal Express," the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects "PayPal Express" as the payment method during the online ordering process, he also gives PayPal a payment order by clicking the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted his order along with these GTC. Additionally, the contract text is archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected customer account, provided that the Customer has created a customer account in the Seller's online shop before submitting his order.

2.6 Prior to bindingly submitting the order via the Seller's online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct his entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 English language is exclusively available for the conclusion of the contract.

2.8 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered when using spam filters.

2.9 When ordering tobacco products, the Customer confirms by submitting the order that he has reached the legally required minimum age and undertakes to ensure that either he or an authorized adult person can accept the goods.

3) Right of Withdrawal

3.1 Consumers generally always have a right of withdrawal.

3.2 Excluded from the right of withdrawal are hygiene items that, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery. This includes over-the-counter medicines, medical devices, ready-to-eat meals, cosmetics, and hygiene items that are sealed upon delivery and whose seal has been removed after delivery.

3.3 The return of orders is made to a proposed (national or international) return warehouse of the Seller.

3.4 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

3.5 If the withdrawal is explained too late and the return arrives late at the returns warehouse, then the return can be destroyed free of charge or sent back to the customer for a shipping fee of €5.90.

3.6 The shipping costs incurred when registering a return are not borne by us and must be paid by the customer. All products are shipped to customers within Ireland free of charge, which is why we cannot bear the return costs either.

 

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. Any additional delivery and shipping costs that may arise will be separately specified in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred on a case-by-case basis, which the Seller is not responsible for and which are to be borne by the customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the Seller's online shop.

4.4 If payment in advance by bank transfer has been agreed, the payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If payment is made using a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

 

5) Delivery and Shipping Conditions

5.1 The delivery of goods is carried out by shipping to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is authoritative for the transaction.

5.2 If the shipping company returns the shipped goods to the Seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the Seller had announced the service to him a reasonable time in advance. In the event of a return of the goods, the customer undertakes to bear the transportation and delivery costs.

5.3 Self-collection is not possible for logistical reasons.

 

6) Retention of Title

If the Seller makes advance payment, he reserves the right to ownership of the delivered goods until the purchase price owed has been paid in full.

7) Limitation of Liability

The Seller's liability is limited to an amount of €1000 for all business activities.

 

8) Warranty for Defects

8.1 If the purchased item is defective, the provisions of statutory warranty apply.

8.2 The customer is requested to complain to the carrier about obvious transport damages and to inform the seller accordingly. If the customer fails to do so, this does not affect his statutory or contractual warranty claims.

9) Redemption of Promotional Vouchers

9.1 Promotional vouchers, which are issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer, can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the discount, if such a restriction arises from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

9.8 The credit of a promotional voucher will not be paid out in cash or bear interest.

9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9.10 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obligated, to verify the material entitlement of the respective promotional voucher holder.

 

10) Applicable Law

When you complete the purchase, an invoice with "smartplayground.co" and the country code such as "HK", "IE", etc. will be displayed on the payment page and/or on your card statement. All purchases are processed by our respective unit in the country as indicated by the country code on the invoice and are subject to local law.

 

11) Alternative Dispute Resolution

11.1 The European Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.