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1. General Information
Your contractual partner for all orders is Smart-FX. All deliveries from Smart-FX to the customer are carried out based on the general terms and conditions. These underlie all offers and agreements between Smart-FX and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions are only binding if Smart-FX has agreed to them in writing.
We store the contract's content and will send you the details of your order as well as our general terms via email. You can find the terms here (http://smart-fx.co.uk/our-terms-conditions/) at all times. The details about your recent orders can be found in your customer account (http://smart-fx.co.uk/login/)
2. Responsibility for Online Offer
Smart-FX offers two types of shops. Firstly there are shops which are designed and operated by Smart-FX itself. Secondly, there are shops which are designed by independent Artists ("Smart-Artists").
Smart-FX is responsible for the articles and motifs offered in the Smart-FX shop as well as the overall design of the shop.
The Smart-Artists shops are responsible for the articles and motifs offered in their Shop, as well as for the design of the shop including banners, brand names, logos etc and for their advertising of their products.
3. Conclusion of Contract
The offer on the website is a non-binding invitation for the customer to place an order with Smart-FX.
By filling in and sending off the order form on the website, the Customer makes a binding offer for concluding a contract of purchase and/or a contract for work and materials. Before finally sending off the order form, the customer has the opportunity to check if the details of the order are correct.
After placing an order the customer receives an order confirmation email. This confirmation mail does not represent an acceptance of the offer but shall acknowledge the customer that their order was received by Smart-FX.
The contract only materializes when Smart-FX dispatches the ordered product to the Customer and confirms the dispatch to the customer with the delivery confirmation mail.
Customers can check the details of their order in the 'My Account' section of the website here (http://smart-fx.co.uk/login/)
4. Right to Cancel
(1a) Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you or a third party, who is not the carrier, takes physical possession of the goods. Any Custom printed or personalised products are excluded from our Returns policy. It is the customer’s responsibility to ensure that they are happy with their submitted design and artwork and have chosen the correct product and size if required. We can offer exchanges only on Smart-Artist brands if the size does not fit. And can offer both exchanges and refunds on our own brand (Smart-FX only).
To exercise your right of withdrawal, you must inform us (Smart-FX, 1 Wesley Road, Saltash, Cornwall, PL12 6AS, UK, e-mail firstname.lastname@example.org ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your intention to exercise your right of withdrawal before the withdrawal period has expired.
(2) Effects of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery from us to the customer (with the exception of extra costs resulting from your choice of a more expensive type of delivery than the less expensive standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods. You are liable for any diminished value of the goods which results from your treatment of the goods beyond which is necessary to establish their nature, characteristics and functionality.
(5) Refunds and cancellation on delayed items
If an item goes missing or is undelivered by the postal office we will send a replacement. A refund is issued on a lost item no later than 3 weeks from date of dispatch. This is so we can determine that that the item has indeed been misplaced by the Postal Service as of Royal Mails T&C's. If a replacement is sent and the item is misplaced once again then our system will black list the address and we will not be able to issue a refund nor dispatch to the problematic address. A claim for the product value would then need to made against our courier and postal office. If the courier or postal office agree that the item is lost and reimburse the value of lost item(s) we will then be able to issue a refund on the original order.
Usage of the online designer
You must seek permission from owner of original artwork if artwork is not your own when uploading to the designer. Smart-FX holds no responsibility for unauthorised usage of imagery used to be printed onto products and therefore if resold by the customers. The Smart-Artist brands are excluded and prohibited from the online designer. Uploading an Smart-Artists logo or design to the online designer in the hope to save costs on Smart-Artists products will simply be voided or non permitted unless the Smart-Artist has given exclusive rights and permission to the individual using the online designer to create a product using said Smart-Artisis brand. Additional fees may incur if the Smart-Artist accepts and authorises the usage of their brand when using the online designer.