We suggest you to read all the terms carefully before conducting any transaction. You agree and acknowledge to follow these terms and conditions and are bound by these rules. You will be asked to agree to these terms before placing each order and in case you refuse to accept, it will not be possible for you to access the products and services we offer.
We reserve the right to modify these terms and conditions from time to time as mentioned in the agreement. We recommend you to check these terms every time you place the order in order to understand the proper terms that will be applied at that time.
We updated these terms on January 25, 2017 at 7:00PM EST.
- About Smart Electronix
Smart Electronix is a professional marketplace for users to sell or buy products. All the transactions are conducted between buyers and sellers, and Smart Electronix is not traditional auctioneer.
We might suggest pricing, listing, shipping and other guidance, however, all the suggestions are provided for information only and it is user’s decision to follow those suggestions or not. Smart Electronix may help facilitate the resolutions of disputes opened by any party, however the Company has no control over the quality, safety and reliability of the products advertised.
In this agreement, we have used certain words and expressions having special meanings:
“Account” implies the account that is created and used by sellers or buyers;
“Chargebacks” implies the sum that is due from a customer due to any payment that was denied or cancelled;
“Seller” implies the person that creates an account in order to sell the products;
“Buyer” implies the person that purchases items from sellers;
“Profile” implies the online profile that is created by a seller or a buyer;
“Services” imply the complete procedures and the standards that are fulfilled once an order is placed;
“Sellers’ Terms of Service” implies the terms and conditions related to the selling mechanisms that might be updated from time to time;
“Confidential information” implies the information that is identified as proprietary by any party. This is the information that is not supposed to be shared with anyone;
“Customer Order” implies the order for the provision of items that are ordered by a customer;
“Intellectual Property Rights” implies all the patents, rights, designs, databases, trade secrets, etc that are owned by the company and no one has the rights to modify or use them in any way without getting company’s permission;
“System” implies the website, trademarks and many other marketing materials which make up the online based system of Smart Electronix;
“Trademark” implies the trade marks that are registered by the company including its trade name “Smart Electronix LLC”, the goodwill and the other intellectual property rights that exist in those trademarks and names;
“Terms of sale” implies the terms related to the sale that governs contractual relationship between the seller and the buyer.
- Policy Enforcement:
In case any issue arises (regarding any party), we may access the performance, history and other requirements mentioned in our policies. We may act leniently in an effort to do the appropriate thing both for sellers and buyers.
- General Terms
3.1 Our website www.smartelectronix.info is owned and operated by Smart Electronix LLC. Our registered office is located at 9020 Quioccasin Road #J Richmond, VA 23229 and our registration number is xxxxxxx.
3.2 The company is not held liable for any buyers or sellers we work with. The terms and conditions listed in this agreement is between the seller and the buyer. We are a company that provides the platform to facilitate this service, and are not responsible for the internal working of the orders. By placing the order, you agree and acknowledge that all the personal details will be used to deliver your order and we will not share your personal information to third parties.
3.3 As a buyer, you agree to verify all the items you receive and report any issue you might have. The mistakes/errors might not be rectified later.
3.4 Any alcohol or tobacco related products are strictly prohibited to sell on our website.
- Relationship between Smart Electronix and the Sellers
4.1 The company might list the products and services that are offered by the sellers on the website at the sole discretion.
4.2 The company offers no guarantee as to the volume of orders placed and has the complete rights to restrict any account in case we suspect any fraud.
4.3 The seller agrees that the company acts as an exclusive agent to solicit orders, collect payments and deal with customers’ issues. The sellers take the full responsibility of fulfilling the orders on time and the company has no any responsibility to the customers. We are not responsible for any damage, claim, liability, expenses etc.
4.4 These terms will not make any partnership between Smart Electronix and the sellers and no form of deductions are performed by the company from the payments when it comes to income tax liabilities, social security contributions and more.
4.5 The seller agrees that he or she agrees to follow the main condition of using the service which is that all the items are provided in his or her personal capability. We reserve the rights to cease to any partnership or business relationship without any notice in case we find that seller has stopped selling the products without our written consent.
- Warrant of Authority
By creating account on our website, or getting access to the services, you agree that you have the legal capability to entering into binding contracts, and you pass the age criteria of minimum 18 years of age.
- Ordering Mechanism for Buyers
6.1 All the steps to place your order are listed on our website, and you are eligible to place your order only through the site (you must have an active account).
6.2 After you choose all the items that you want to order and provide all the relevant information to place your order, you might be transferred to a page where you can confirm all the details and amend your order in case you want. Once you perform these steps, sellers will receive your order. We recommend our users to take proper time to recheck the order page in order to avoid any mistakes. Once you submit the order, it will be processed as soon as possible, and it might not be possible for you to amend the errors.
6.3 The sellers reserve the rights to cancel any order for any reason such as limited stock. You will be informed as soon as your order gets rejected by our sellers.
7.1 The times that are mentioned in the delivery and pick-up sections are not accurate and are estimates only. Though sellers always try to deliver the products on time, it might take a bit longer than expected due to various factors. We will not be held responsible for any delay. Sellers will try to inform you as soon as we suspect any unexpected delay.
7.2 After submitting your order, it is your responsibility to submit the correct delivery address. In case you make some mistakes in the shipping address, we do not provide any kind of guarantee that you will receive the product or not. Also, sellers might not offer refunds in case you submit the inaccurate address.
- Using Smart Electronix
As a seller, you agree that you will not:
- List the products in a category that is not appropriate for the items you offer
- Breach any third party laws and policies
- Create an account if you are less than 18 years
- Use misleading and inaccurate descriptions of your products
- Entice users to leave fake feedbacks on your profiles
- Transfer your account to any third party without our written permission
- Post spam messages, chain letters etc.
- Use any data gathering tools in order to collect information from other users
- Use images and content from other parties without their permission
- Sell products that do not meet our trust and safety standards
As a seller it is mandatory for you to meet all the standards set in order to deliver the products. In case you fail to follow these standards, it might result in the termination of your account.
- Listing Conditions:
You, as a seller, agree that:
- You will be responsible for the content and accuracy of the items you list
- It may take a few hours for your listing to appear in the “Search” section, and the Company cannot guarantee exact listing duration
- Smart Electronix reserves the rights to remove any content that violates our terms
- The appearance of listings depends on various factors such as buyer’s location, seller’s history, ratings, etc.
- If you add duplicate listings, it might affect your listings in the search section
- International Buying And Selling
We also provide access to international sellers and buyers. The Company may provide some tools, programs etc to conduct international transactions such as estimated local currency conversions. It is buyer’s and seller’s responsibility to follow the terms and shipment rules.
- Returns and Cancellations:
Seller is responsible for creating rules for replacements, refunds or returns. If you are a new seller, the Company may set a default rule that automates the process of returning. Sellers have the rights to customize their return preferences.
In case the product is returned, to refund a buyer, you allow us to request that PayPal or Stripe removes the funded amount from your PayPal or Stripe account.
In case a seller does not specify the cost for returning the items, he/ she will be responsible for the costs.
12.1 The same prices of the products will be applied to the order that are mentioned on the listings while you place your order. We take all the proper care to make sure the prices of all the products we offer are accurate and the description of each item is correct.
12.2 Sellers reserve the rights to modify prices of any item at anytime, and these alterations will not affect your order in case you already placed your order.
12.3 The cost of the items includes VAT.
13.1 There are several options available for sellers and buyers for payments. All the transactions will be conducted by the company as authorized sellers, and all the details will be shown on your order page, bank statements and credit card.
13.2 We will take all the payments while placing the order. In case you use a method that is not authorized, you will be notified and we will also request alternative payment details.
14.1 In case you are not satisfied with any product/item and you demand a refund, a proportionate price etc, we suggest you to contact us by using our contact page in 48 hours of receiving your products. You must submit your complaint under this time period and we will not accept any complaint after this time period. In case you inform us within 48 hours, we will be delighted to resolve the issue for you.
14.2 In case you are eligible for the refund or any form or compensation, we will issue the amount to your debit or credit card that you used for placing the order. It might take three to five business days to process the refunds. Sometimes, it may take longer since it depends on the bank or card issuer. The company is not responsible for any delay by your card issuer or bank.
- Fee And Access
15.1 We offer the platform for free of any charge to purchase the products
15.2 If you are a seller, we will charge a fee of 5% per transaction. The company does not provide any guarantee that the content posted on our website or the application itself will always be available. You might suspect some interruptions or errors in the content or site.
15.3 We provide access to our application temporarily. We reserve the right to terminate, discontinue or modify any section of the site without any written notice. The company will not be held liable in case the website is not available for a certain period of time.
15.4 The user is responsible for making all the relevant arrangements in order to access our site.
16.1 The website is made available to the public so that they can place their orders.
16.2 The seller is responsible for creating and maintaining the profile on the website. The profile may contain information such as address of the seller, current items and prices.
16.3 In case any modification is required in the profile, the company will be contacting the seller and will be entitled to make all the necessary changes that could be related to the style, layout or presentation.
16.4 The seller holds the rights to determine the number of orders that can be handled in a certain period of time and thus set a limit on their profiles. In order to determine and monitor the limit, the seller must be able to fulfill all the requirements of the orders placed. In case the company finds out the seller is not able to fulfill all the order limits that are set on the profile, the changes are made to the profile with consultation with the supplier.
16.5 The users have the facility to add a review or rate the items that are sold to them by the seller. These comments and reviews will be displayed on the seller’s profile. The seller agrees that he or she does not have any right to change or modify the ratings or reviews. In case you notice any inappropriate or offensive comment, you can contact our customer support and we will investigate the matter and take appropriate action against the user.
- Smart Electronix Obligations:
In this duration of business relationship between the seller and the Smart Electronix, as long as the seller maintains the account with the company, will:
(a) Make the best efforts in order to provide complete access to the site and to make sure the website is available to the public all the time.
(c) Handle all the queries that are posted by the customers via email and deliver all the results, including refund granting (if applicable).
(d) Market the site and the products offered by the sellers
- Smart Electronix Obligations:
The seller agrees that he or she will:
(a) Accept all the orders placed with him/ her and they must complete their orders on time.
(b) Maintain proper product liability insurance, public liability insurance and in case more than one employee is working, they must get employer liability insurance in order to cover himself and the employees that assist him in providing the services, and you must send evidence to Smart Electronix.
(c) Get all the necessary authorizations that are required in order to sell some specific products that require permissions. The seller acknowledges that he or she has the required knowledge in order to sell the appropriate products. He must also clarify that he is registered for VAT. The company will not liable for any issue in case these rules and regulations are not followed properly.
(d) Allow all those local authorities to access the premises of sellers and also cooperate with local authority in case any inspection is performed.
(e) Source all the required products and other materials that are required for the highest quality.
(f) Follow all the rules and regulations set that could affect operation of the services such as sales of the products, environmental health, safety etc. and get all the certificates and licenses that are required in order to offer these products.
(g) Indemnify Smart Electronix completely harmless against any kind of damage or loss that might occur in case the supplier breaches the terms and conditions while performing all the services they offer. This could also lead to the termination of the seller’s account.
- Intellectual Property
19.1 The user agree that all the copyrights (materials, other intellectual property rights as described in these terms) and also the content, photos, graphics, or videos that are posted on our website are sole property of our company or the licensors. All the materials are fully protected by the copyright rules and regulations around the world. The user acknowledges that all such rights are properly reserved.
19.2 As a user, you can download extracts or print a copy of any material from our application or site. However, it must be noted that these are used only for personal purposes.
19.3 We do not permit the rights to change or modify the papers or any other content which includes all the text, graphics, audio or video sequences etc. and these materials must not be utilized in any way.
19.4 The statistics that are related to our company or any of the identified contributors to our company must be acknowledged by our readers.
19.5 Any kind of content/ material from our website must not be used for commercial reasons without getting any written license from our company.
19.6 In case you download any material or content from our website that breach our terms, we will restrict your access to our website immediately, and it is mandatory for you to destroy all the copies of the content that you have taken from our website.
20.1 As a company, we try our best to ensure that sellers write accurate descriptions, costs and other cautions that might be related to the items they offer. The user must understand that this information is offered by the sellers and we do not undertake such responsibility. In case you have any confusion about warnings that are related to products, the information that might be related to the various items etc, we suggest you to get in touch with us or relevant seller in order to get complete confirmations before placing your orders. You understand that the seller is not liable for income loss, profit loss, turnover loss, savings loss, or any other form of damage that may be caused due to several factors.
20.2 This contract is applicable between you and the seller with which you place the order. The company is not responsible for act of omissions of any seller. As a user, you must comply with the following while making use of the applications:
20.2.1 The company is not liable for the quality of any item that is ordered from the seller via our website. We do not guarantee any result;
20.2.2 We do not provide any form of guarantee that the products are free from any kind of errors;
20.2.3 Our sellers have mentioned turnarounds for delivering the orders, and you understand that these times for delivery and pickups are estimates only. Our company is not responsible for any delay that may be caused while delivering the order.
20.2.4 Our company does not provide any guarantee that the sellers will accept all the orders and they have the rights to reject any order in their sole discretion.
20.2.5 All the disclaimers that are listed on our website do not affect any statutory rights that might stand against sellers.
20.3 As a company, we do not provide any guarantee, representation or undertakings that might be related to the services we offer, or the actual application. Any kind of guarantee, condition or representation that are applied to these terms and conditions is simply excluded to the fullest extent by all the rules and regulations.
- Limitation Of Liability:
21.1 The user understands that no any clause in the terms excludes or restricts our liability for:
21.1.1 Personal injury or death that may be caused by our negligence;
21.1.2 Incorrect representation of any term;
21.1.3 Other forms of liabilities that might not be restricted or excluded by legal regulations.
21.2 As a company, we will not be responsible or liable to you under any circumstance, no matter if it is in the contract, tort (which also includes negligence), or which might arise in relation to the application of the services (which also includes the ability or non-ability to make use of the application) for a few reasons such as:
21.2.1 The act of using or not-using this application;
21.2.2 The material that may be posted on the application or the contract;
21.2.3 Any kind of loss that might includes sales, profits, revenues etc;
21.2.4 Data that might get corrupted or lost;
21.2.5 Any opportunity that might be lost;
21.2.6 Goodwill loss;
21.3.7 Not getting the expected savings;
21.3.8 The loss that might be consequential or indirect
21.3.9 Considering the references mentioned in 21.2, as a company our liability to our users which may be related to the losses or which might relate to the services, breach of contract etc. will not exceed the value of your order as described in the previous section.
22.1 As a company we try our best to assist you in case you have any issue with your services or orders. If you need any help, you may send us an email to firstname.lastname@example.org.
22.2 In case you do not receive your order in time or if you suspect any other problem with your order, we suggest you to contact our customer support department or relevant seller.
While utilizing our website or submitting your orders, you agree that all the communication will be performed electronically. You will be contacted via email or we will provide you with all the relevant information by posting notices on your site.
24.1 We reserve the rights to restrict your use of this platform, or decline any new registration. We also hold the rights to remove any user from our database in our sole discretion, in the event we suspect that any user has breached the terms.
24.2 After getting terminated from our website, or getting suspended by our company, users must stop using the platform instantly.
- Force Majeure
25.1 As a user, you agree and acknowledge that our company will not be held liable for any failure or delay that may be caused in the performance of our platform, due to the factors outside of our controls. We have tried to define our control in 25.2 section.
25.2 Any event that is outside our control implies to the act or event that we are unable to control such as lock-outs or other action taken by the 3rd parties, riots, explosion, earthquake, terrorist attack, strikes, fire, flood, storm, any natural disaster, war, the non-ability to operate private or public communication, epidemic, threats and other factors that are not possible to control by our company.
25.3 In case any event that is outside our control occurs that might hinder the utilization of our platform, or that could affect the obligations negatively, you will be informed as soon as possible and we might suspend our obligations under a contract. We may also increase the time for performance of all our obligations that are unable to control due to unknown circumstances. Proper endeavors will be utilized in order to control the situation and find a reasonable solution to get back to the normal situation.
26 End User License Agreement
The utilization of the website by our users is governed by our “End User License Agreement”. We recommend you to read the agreement properly and be aware of all the terms that are applied to you.
28.1 As a company, we have the full rights to transfer our assets and obligations to any third party, and this transfer will not affect your rights to use our services in any way.
28.2 In the event any provision of our terms becomes invalid or unlawful, we have the rights to perform proper modifications in order to make these terms legal and enforceable. If we are not able to modify those terms, we will delete those provisions from our terms. In the event we modify or delete any provision (or part-provision), it will not affect rest of the terms mentioned in this agreement in any way.
28.3 In case we do not take proper actions in order to perform any obligations related to you under these terms, or in the event we fail to enforce some privileges against you, or if these obligations get delayed, it does not imply that we are not following the regulations. It will also not mean that you don’t have to follow these terms.
28.4 The laws and regulations mentioned in these terms and any dispute that may arise out of these terms (which might include non-contractual claim or dispute) will be resolved in accordance with the legal rules and regulations of the U.S.
28.5 The seller acknowledges that all the communication will be handled only via email. The Company will be contacting the sellers or buyers via an email, or we may provide information by posting notifications on the site. As per the terms, the seller agrees to follow this agreement and appreciates the fact that any kind of information, notices, contracts etc that is provided by the company complies with all the legal requirements.
28.6 In case you wish to send any notice to Smart Electronix, it must be sent by an email to email@example.com. All the notifications will be deemed received and served appropriately when they are posted on the site, 24 hours in case of an email or 3-4 days after the date of posting in case you are sending a letter. The notice will be proved using proper address, stamp etc in case of the post, or email address in case you send an email.
28.7 The seller agrees that no any sort of forbearance or delay in enforcing the rights will restrict or prejudice the rights of any party.
28.8 In case any provision of terms becomes invalid, the remaining provisions of the contract will not be affected in any way.
28.9 Smart Electronix holds the rights to make any kind of changes in these terms at any time. All the changes will be notified to the supplier either by using an email or posting it directly on this page. In case the user does not agree with the revised terms, he/she must respond within 7 days of posting the new terms and we will issue the notice of termination to the user. It also applies in case the user continues to use this service within that seven days of time period.
28.10 The individual who is not associated with the terms will not hold any rights under the contracts Act 1999.
28.11 In case any dispute arises, each party submits the request to jurisdiction of the State of Virginia.
- Amendments and Modifications of these terms and conditions
29.1 As a company, we reserve the right to amend these terms anytime. The last updated date will be posted at the top of this page.
29.2 The terms which will be active at the moment of placing order will be applied to users when they place their orders.