These general terms and conditions of sale define the rights and obligations of the parties in the context of sales made via the https://smartworkout-pro.co.uk website. They provide a framework for all the stages necessary for placing, executing and monitoring the order.

SW Commerce SARL reserves the right to adapt or modify these terms and conditions of sale at any time. In the event of modification, the general terms and conditions of sale in force on the day the order is placed will be applied to each order.

By using this site, you indicate that you have read and understood the general terms and conditions of sale and use and that you agree to comply with them at all times.

1. THE SELLER

1.1 Company name

SW Commerce SARL

Rue de la Cité 1

1204 Genève, GE

Switzerland

Hereinafter referred to as SMARTWORKOUT.

1.2 Contact

Questions regarding the Terms and Conditions of Sale and Use should be sent to us at info@smartworkout-pro.com.

 

2. VALIDITY OF OFFERS

2.1 Conditions for access. Our offers are aimed at consumers with a delivery address in mainland France, Corsica and internationally (Cf. §8 Delivery of the GTCS).

2.2 Item availability. Items offered for sale on the Site are available while stocks last. SMARTWORKOUT undertakes to notify as soon as possible via a mention on its website (or by e-mail) the customer who is about to place or who would have placed an order for an unavailable item.

 

3. PRODUCT PRESENTATION

3.1 Description of our products. The products offered for sale are described and presented as accurately as possible. However, there may be slight differences, particularly in the perception of colours and materials, between the photographs illustrating the products and the products actually delivered. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a product at any time.

3.2 Customer satisfaction. Although our professionalism is a strong commitment, we cannot guarantee that the quality of all products, services, information, or any other merchandise you have obtained or purchased will meet your expectations. If this is the case, you may return your products in accordance with the conditions set out in our returns policy (Cf. §9 Returns and Refunds of the T&Cs).

 

4. PRICES

4.1 Price variation. The prices of our products are subject to change without notice and do not include shipping costs. If the VAT rate changes between the date of your order and the date we supply the product, we will adjust the VAT rate you pay, unless you have already paid for the product in full before the VAT rate change takes effect.

4.2 Interruption of Service. We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice and at any time.

4.3. Liability. We will not be liable to you or any third party for any price changes, suspension or interruption of the Service.

4.4 Price Error. Despite our best efforts, it is always possible that some of the products we sell may display an incorrect price. If we accept and process your order where a pricing error is evident and could reasonably have been identified by you, we may terminate the contract, refund all amounts paid by you and require the return of all products supplied to you.

 

5. ORDERING

5.1 Placing an order. Orders are only placed via our website. Once you have selected and then added your desired product(s) to your basket, you will go through our ordering process (where you will need to enter your contact details, as well as your delivery and billing addresses), and then payment.

5.2 Special offers. If the customer benefits from a special offer, they must first enter a code allocated to them in the field provided for this purpose.

5.3 Data entry and checks. Be sure to check the details of your order (type and quantity of products added) as well as your delivery address and email address before finalising the order. Once your order has been validated, you will no longer be able to modify it and you will be liable for any errors it may contain. Insofar as they engage your responsibility, the information you provide must be accurate, complete and up to date.

5.4 Order validation. Validation of your order implies acceptance of these General Terms and Conditions of Sale. Once validated, your order cannot be cancelled or modified. Your order constitutes an offer to purchase the product(s) in your basket. Once you have placed an order, you will receive an e-mail from us confirming that it has been taken into account. A contract is then concluded between you and us. When we acknowledge receipt of your order, we also confirm your order number. This identifier must be used in all our dealings with you.

5.5 Order preparation and dispatch. You will then receive a second email telling you that your order is being prepared in our warehouse and a final email confirming that it has been dispatched (containing the tracking link for your package).

5.6 Limitation/cancellation of orders. We reserve the right, but are not obliged, to limit sales of our products or services to any person, and in any geographical area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer.

We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or cancel an order, we may attempt to notify you by contacting you at the email or telephone number provided at the time the order was placed.

5.7 Exceptional case. In the unlikely event that we are unable to fulfil your order (for example : product out of stock with no expected restocking within 15 days, verification of billing information provided impossible, delivery requested to a country where we are unable to ship), we will notify you by email and offer you a refund of your order.

 

6. COLLECTION OF NOTICES FOLLOWING AN ORDER

6.1 We work in collaboration with Trustpilot companies for the collection of reviews.

6.2 Data collected. When you answer the collection questionnaire, you agree to provide them with the data related to your order and to accept their privacy policy:

- Last name

- First name

- Email address

- Order date and reference

- Name and references of items ordered

6.3 Use of data. By writing a customer review and/or recommendation, you give your consent to the publication of your review on our website and its possible use for Marketing purposes on any advertising media (for example : Facebook, Instagram, Google, ...).

 

7. PAYMENT

We accept several methods of payment on this site :

7.1 Credit card. When you provide us with your payment details, you are confirming that you have authorised the use of and access to the payment instrument you have chosen to use. By providing us with your payment details, you confirm that you authorise us to charge the amount due to that payment instrument.

If we believe that your payment has breached any law or any of our terms and conditions, we reserve the right to cancel your transaction.

We accept payment cards via our payment processor Stripe. Our Stripe account is domiciled in Switzerland, and the primary currency is the Euro. Although there are no exchange fees, some banks may charge a fee for international payments. We accept no responsibility for any commission charged by your bank, and will not reimburse any such charges. 

7.2 Paypal. We do not offer a Paypal payment method on our website. If you absolutely must use this method of payment, please contact us beforehand.

7.3 Payment control. SMARTWORKOUT controls all orders that have been validated on its site. These controls aim to protect SMARTWORKOUT from abusive practices operated by fraudsters. Our services may ask you to provide all the supporting documents necessary to release your order. These requests will be made by e-mail.

8. DELIVERY

Our full delivery policy is detailed here.

 

9. RETURNS AND REFUNDS

Our full returns and refund policy is detailed here.

 

10. GUARANTEE

Our products are guaranteed for life.

10.1 Conditions of warranty. This warranty does not include the consequences of improper treatment or use of the product. In fact, the purchaser is required to comply strictly with the instructions included in the product user guide sent at the time of purchase. Also, the warranty does not apply to any defects due to normal wear and tear of the product over time.

10.2 Terms of acceptance. Any request for coverage via the warranty contract must be sent by email to the following address : info@smartworkout-pro.com. SMARTWORKOUT reserves the right to ask the customer for photos and videos of the products in order to precisely identify the defect found and to rule on whether this defect is covered under the warranty contract.

10.3 Possible costs. Shipping costs (the amount of which will vary depending on the product sent) may be charged to the customer.

 

11. LIABILITY

11.1 Seller's obligations. SMARTWORKOUT is responsible for the proper performance of the obligations resulting from the contract, whether these obligations are to be performed by SMARTWORKOUT itself or by other service providers it has engaged under these general terms and conditions of sale and delivery, subject to its recourse against the latter.

11.2 Limit of liability. However, SMARTWORKOUT is not liable to you for any damage caused by your own act, omission or fault, in the event of force majeure or by any third parties not linked to Tissot for the performance of the contract.

11.3 Consulting as well as taking orders on the Website implies knowledge and acceptance of the characteristics and limits of the Internet, particularly with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible viruses circulating on the network.

11.4 SMARTWORKOUT cannot be held responsible for any direct or indirect damage resulting from an interruption, a malfunction of any kind, for any reason whatsoever, or for any direct or indirect damage resulting, in any way whatsoever, from a connection to the Website. It is the responsibility of all Internet users to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. Any person connecting to the Website does so under their entire responsibility.

11.5 In any case, except for gross negligence and liability for defective products, SMARTWORKOUT's liability for all damages that could be compensated under the terms of the contract that it could cause to you is limited to the sole compensation for foreseeable, direct and material damages actually suffered by you as a result of a breach by SMARTWORKOUT. Such compensation shall in no event exceed the amount corresponding to the purchase price of the product that caused you damage, even if SMARTWORKOUT was informed of the possibility of such damage occurring.

 

12. INTELLECTUAL PROPERTY

12.1 Data protection. The elements of the SMARTWORKOUT site, whether visual or audio, including the underlying technology, are protected under copyright, trademark or patent law and image rights. They are the exclusive property of SMARTWORKOUT.

12.2 Plagiarism. In all cases, any link, even if tacitly authorised, must be removed at the request of SMARTWORKOUT. In general, any total or partial reproduction of the www. smartworkout-pro.com website is strictly prohibited.

12.3 Third party links. Hyperlinks from the Website to websites belonging to third parties may exist. These other sites are not under the control of SMARTWORKOUT and you acknowledge that SMARTWORKOUT is not responsible for the accuracy, compliance with intellectual or industrial property rights, legality, or any content of these sites. SMARTWORKOUT cannot reasonably be expected to continuously monitor the content of websites to which the Website is linked via hyperlinks. SMARTWORKOUT will remove such links immediately if it discovers or is informed of any violation of law. The use of hyperlinks to third party websites is at your own risk. By using such hyperlinks, you understand that the terms of use, legal notice and privacy policy of the linked website may differ from those of SMARTWORKOUT.

 

13. PERSONAL INFORMATION

Submitting your personal information on our shop is governed by our Privacy Policy available here.

 

14. APPLICABLE LAW

These Terms and Conditions, as well as any separate agreements through which we provide Services to you shall be governed by and construed in accordance with the laws in force in Geneva, Switzerland.