Terms and conditions
SmartBall is operated by or on behalf of KNS Holding, ………………………………, NL. VAT No.
If you place an order through this website, upon confirmation that such order is accepted a sales contract will be executed between you and KNS Holding, which will be governed by KNS Holdings Terms and Conditions and specifically by the Purchase Terms mentioned below.
Placing orders on the website / purchase terms
It is important to read the purchase terms before ordering products online from the SmartBall website. Be sure the order is complete and accurate before submitting your order. If you have any questions, please contact SmartBall.
WHEN DO THESE PURCHASE TERMS APPLY?
The Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by SmartBall. In other words, you agree to these Purchase Terms, when you order anything from the Website or when you accept an offer from SmartBall.
SmartBall has different types of products. This may include products completely designed by SmartBall, meaning fully designed and created by SmartBall ‘Standards Products’.
HOW TO ORDER
You need an e-mail address to place an order, and you may need to set your browser to accept both cookies and pop-ups in order to be able to use all the functionalities of the website, which includes adding items to your shopping cart and submitting your order.
Placing an order on the website is easy:
Find the products you want.
Add the products to your shopping cart.
Proceed to checkout.
Select delivery and billing options.
Review and submit your order.
Receive an online order acknowledgment and order confirmation
When you submit an order we will send you an email acknowledging receipt of your order. This does not mean that we have accepted your order. Our acceptance of the order takes place when the products are shipped to you – we will send you an email with an order confirmation. At this point a contract, containing these general conditions, comes into existence and is binding on you and us. We recommend you to print or download a copy of these general conditions and the order confirmation for future reference.
If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT
Fulfillment of all orders on our website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the contract we have cancelled:
The product is not available / in stock.
Your billing information is not correct or not verifiable.
Your order is flagged up by our security systems as an unusual order or an order susceptible to fraud.
You are under 16.
You are a reseller.
There was a clear error in the price displayed on the website.
We could not deliver to the address provided by you.
Due to an event outside our control or in the event of clear misspelling, pricing or other errors or mistakes in the website information.
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address, creditworthiness, and checking for fraud. As to the latter: we run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud.
Price / Payment
The available payment methods for a purchase on the website:
We do not accept any method of payment other than those listed. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
If you pay by credit card, we will deduct the amount due from your account as soon as your order leaves our warehouse. If you pay by bank transfer, we will start delivery after we receive your payment. This may take several days. In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be cancelled.
Payments can only be processed if the billing information can be verified.
We retain title in any product(s) until we have received full payment for such product(s).
PRICES AND CURRENCY
Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing. Prices are quoted in Euro.
YOUR TOTAL PRICE
The total price specified in the final check out screen includes shipping costs. This price will be recorded in the order confirmation, which we recommend you to print or download for future reference.
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
Please transfer only the exact amount specified on the order confirmation, and make individual transfers per order, using the unique reference number stated in your order confirmation.
The prices of the products will be as displayed on the website. Prices may change from time to time, but changes will not affect any order which we have confirmed in an order confirmation.
Shipping & delivery
At Smartball we are delighted to provide an efficient delivery service to our customers. We have working relationships with national and international couriers and guarantee to provide you a fast efficient service. At Smartball we will endeavor to have your order dispatched within 48hrs. All goods are physically checked by our team prior to dispatch.
All goods will be dispatched via national or international couriers and will require a signature upon delivery. A tracking number for your consignment will be made available to you. Orders can be dispatched to your home or work place. Deliveries are made on weekdays Mon-Fri 8.30am to 5.30pm.
Return and cancellations
CANCELLING ORDERS BEFORE DELIVERY
Cancelling your order is unfortunately not possible. Since we begin processing orders placed at our online store immediately. You can still return your order in accordance with the return procedures and conditions below.
RETURNING ORDERS AFTER DELIVERY
In the event that you are not satisfied with any purchase from getsmartball.com/us, you may return unused goods, along with all original packaging and any labels within 14 days of receipt for a full refund. Return shipping costs can only be refunded where we have sent the wrong goods in error. We recommend that you use a reputable courier or postal service. We cannot accept responsibility until a member of our staff has signed for receipt of the goods. When we receive the goods back, after inspection, we will process a refund onto the card used to make the original order. Please Note: All shortages, damages or discrepancies in your shipment must be reported within 14 days of receipt.
All goods come with a 3-month guarantee. If an item is delivered faulty or becomes faulty through normal use then the following action needs to be taken: For purchases under 14 days old, we will exchange the faulty item at our expense. Please e-mail firstname.lastname@example.org/us with your order number and daytime contact number so we can arrange an exchange delivery. For purchases over 14 days old but less than 3 months old please send back the item to the address below, along with a covering letter stating the fault, your order number, and your daytime contact number. Please retain any proof of posting, receipt or tracking number for any item returned as we cannot accept responsibility until a member of our staff has signed for receipt of the goods.
Use of the website
Please read OSAKA’s Terms and Conditions for website carefully before using the website and any Smartballs’s content on social media websites. These Use of the Website Terms and Conditions apply to all visits and uses of the website, as well as to the content information, recommendations, products and services provided to you on or through the website. By accessing and using the website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the website and the internet.
CONTENT ON THE WEBSITE
All of the content featured or displayed on our website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by KNS Holding, its affiliated companies, its licensors or its content providers. All elements of the website including, but not limited to, the general design and the content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with KNS Holding, no portion or element of the website or its content may be copied or retransmitted via any means. The website, its content and all related rights shall remain the exclusive property of KNS Holding, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
COPYRIGHT AND TRADEMARKS
The copyright in all content is and remains owned by KNS Holding, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the website, you are authorized to view, play, print and download content found on the website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content. You may not reuse any content without first obtaining the consent of KNS Holding. For purposes of these terms, the use of any such content on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from content found on the website.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by KNS Holding. KNS Holding does not transfer title to the software to you. You own the medium on which the software is recorded, but KNS Holding retains full and complete title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on products of Smartball, product packaging and/or on the website, whether registered or not (the “Trade Marks”) remain the exclusive property of Smartball, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without Smartball’s prior written consent. The use of any of the Trade Marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the website in any external internet website or the creation of links, hypertext, links or deep links between the website and any other intern websites, is prohibited without the express written consent of Smartball.
DISCLAIMER OF WARRANTIES
The website and the content are free of charge and provided ‘as is’ and without any warranties of any kind. The information on the website is for general information purposes only and does not constitute advice.
Smartball does not represent or warrant that the information and/or facilities contained in the website are accurate, complete or current, or that the website or the server that makes the website available are free of viruses or any other harmful components. Further, Smartball will not provide for specific IT infrastructure or connectivity. Smartball cannot represent or warrant the website will be uninterrupted or error free. Smartball does not make any warranties or representations regarding the use of the content on the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
LIMITATION OF LIABILITY
Your use of the website is at your own risk. Neither Smartball, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the content on the website, including damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products or otherwise arising out of or in connection with these Use of website Terms and Conditions, even if Smartball has been advised of the possibility of any such damages.
LINKS TO THIRD PARTY
MISUSE OF THE WEBSITE
You are prohibited from using the website to post or transmit any User Generated Content which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Smartball may deny you access to the website at any time in its sole discretion, and which shall include situations where Smartball believes that your use of the website is in breach of any of these Use of website Terms and Conditions and/or applicable laws.
You are also prohibited from using the website to advertise or perform any commercial solicitation.
USER GENERATED CONTENT
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the website post to the website or transmit using the website will be deemed non-confidential and non-proprietary. Accordingly, Smartball shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Smartball only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Smartball shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Smartball be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Smartball. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Smartball and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Smartball or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the website.
Smartball reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which Smartball believes is not in accordance with these Use of website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Smartball.
You agree to promptly notify Smartball in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to Smartball sufficient information to enable Smartball to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. Smartball agrees to make good faith efforts to investigate such complaint and shall take such action as Smartball in its sole discretion decides. However, Smartball does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
Smartball maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to Smartball’s business whether consisting of texts, images, sounds, software, information or otherwise from persons external to Smartball. You should therefore not post any materials on the website or send these to Smartball by e-mail or otherwise.