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These General Terms and Conditions (hereinafter “GTC”) govern the use of the online platform smartport (hereinafter “Platform”), accessible at smartport.com and smartport.de, as well as purchase contracts concluded via the Platform.
The Platform is operated by smartport AG, Gotthardstrasse 14, CH-6300 Zug, Switzerland (hereinafter “smartport” or “Platform Operator”).
These GTC apply to all users of the Platform (hereinafter “Customers”). By using the Platform and/or placing an order, the Customer accepts these GTC.
smartport operates an online marketplace on which professional third-party vendors (hereinafter “Sellers” or “Vendors”) offer their products for sale.
smartport is not the seller of the products offered on the Platform. smartport acts exclusively as an intermediary between Customers and Sellers. The purchase contract for a product is concluded exclusively between the Customer and the respective Seller.
smartport provides the technical infrastructure for the marketplace, processes payments on behalf of Sellers, and enforces minimum standards regarding customer service, returns, and warranty.
The display of products on the Platform does not constitute a binding offer, but an invitation to the Customer to submit a purchase offer (invitatio ad offerendum).
By submitting an order, the Customer makes a binding purchase offer to the respective Seller.
The purchase contract is concluded upon receipt of the order confirmation by email. The order confirmation identifies the Seller.
smartport reserves the right to reject orders in case of reasonable suspicion of fraud, address validation errors, or product unavailability.
All prices displayed on the Platform include statutory VAT and other price components. Any applicable shipping costs are displayed separately before the order is completed.
Payment processing is handled by smartport Marketplace B.V., Keizersgracht 452, NL-1016GD Amsterdam, Netherlands, via the payment service provider Mollie.
The following payment methods are available (availability may vary depending on order value and country):
Credit Card (Visa, Mastercard, American Express)
PayPal
Apple Pay
Google Pay
Klarna (Invoice, Instalments)
SOFORT / Klarna Pay Now
giropay
EPS
Bancontact
iDEAL
Bank Transfer
The payment method is charged at the time the order is placed.
Products are shipped by the respective Seller. Estimated delivery times are indicated on the product page and are approximate.
Unless otherwise stated, delivery is available within Germany, Austria, and Switzerland. Additional delivery areas may be available depending on the Seller.
Tracking information is sent to the Customer by email after shipment, if provided by the Seller.
For consumers, the risk of accidental loss or deterioration of the goods passes upon delivery to the Customer.
Customers who are consumers within the meaning of § 13 BGB have a statutory right of withdrawal. The detailed withdrawal notice and model withdrawal form can be found on our Right of Withdrawal page.
To exercise the right of withdrawal, you may contact smartport or the respective Seller directly. smartport coordinates the return process.
Statutory warranty rights apply. The contractual partner for warranty claims is the respective Seller.
smartport assists Customers in enforcing their warranty claims against the Seller and ensures that Sellers on the Platform comply with statutory minimum standards.
The warranty period for new goods is two years from delivery. For used or refurbished goods, the warranty period may be reduced to one year, provided the Seller expressly states this in the offer.
As the Platform Operator, smartport is not liable for the fulfilment of purchase contracts concluded between Customer and Seller. In particular, smartport is not liable for defects in delivered products, delivery delays, or product unavailability.
smartport is fully liable for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
Otherwise, smartport is only liable for breach of material contractual obligations (cardinal obligations) whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely. In such cases, liability is limited to foreseeable, typically occurring damages.
Information on the collection, processing, and use of personal data can be found in our Privacy Policy.
smartport reserves the right to amend these GTC with reasonable prior notice. Changes will be communicated to the Customer in an appropriate manner.
Continued use of the Platform after the changes take effect constitutes acceptance of the amended GTC.
Swiss law applies to the contractual relationship between smartport and the Customer regarding the use of the Platform, excluding the UN Convention on Contracts for the International Sale of Goods.
The mandatory consumer protection provisions of the state in which the Customer has their habitual residence remain unaffected. In particular, EU consumers retain all rights under the Consumer Rights Directive (2011/83/EU) and national implementing legislation.
For the contractual relationship between Customer and Seller (purchase contract), the law specified in the Seller’s offer applies, or in case of doubt, the law of the Seller’s country of domicile, with mandatory consumer protection rights likewise remaining unaffected.
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.
The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.