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Reliable DHL Shipping
1.1. smartport AG ("smartport") operates an internet platform ("Platform") at www.smartport.de, www.smartport.com and all associated subdomains and mobile applications, on which commercial merchants offer new and used electronics items and other products ("Products") for sale to customers.
1.2. smartport merely provides the technical framework for contracts between users and merchants. smartport is not a contracting party to these purchase agreements. The sole contracting party is the respective merchant. The fulfillment of the purchase contract – including delivery, warranty, returns and all other contractual and statutory obligations – is the sole responsibility of the merchant.
1.3. These Terms and Conditions apply to any natural or legal person who uses the Platform, whether as a visitor or customer.
1.4. Payment processing and DSA representative in the EU: smartport Marketplace B.V., Keizersgracht 452, NL-1016GD Amsterdam, Netherlands.
1.5. Contact:
smartport AG
Gotthardstrasse 14
CH-6300 Zug, Switzerland
E-Mail: [email protected] | [email protected]
2.1. smartport strives to keep the Platform available without interruption. Required maintenance work or technical faults are excluded from this. smartport is not liable for temporary unavailability of the Platform.
3.1. Use of the Platform by natural persons requires unrestricted legal capacity. Persons under 18 years of age are excluded from using the Platform.
3.2. Users can create a customer account free of charge at any time. The provision of truthful and complete data is mandatory.
3.3. Access data must be treated confidentially. Any misuse or unauthorized use by third parties must be reported to smartport without delay.
3.4. Only one customer account per person is permitted.
3.5. Users can have their account deleted at any time by e-mail to [email protected]. Ongoing orders are not affected by this.
3.6. smartport may temporarily block or permanently delete accounts in the event of repeated or serious violations of these Terms and Conditions. Users will be informed of this in a timely manner.
3.7. Objections and complaints can be directed by e-mail to [email protected].
4.1. By clicking "Buy Now" or "Pay", users submit a binding offer to conclude a purchase agreement with the respective merchant.
4.2. Receipt of the order is usually confirmed to the buyer automatically. This order confirmation does not yet constitute acceptance of the offer.
4.3. The purchase agreement comes into being only when the respective merchant accepts the buyer's offer. Acceptance generally occurs by shipment of the goods or by an express statement of acceptance.
4.4. If there is no acceptance, in particular due to lack of availability, obvious price error, technical error, payment problems or suspected misuse, no purchase agreement will be concluded.
4.5. smartport does not itself become a party to the purchase agreement between buyer and merchant, but merely provides the technical platform.
5.1. The stated prices include all applicable taxes. Shipping costs are stated separately, unless they are included in the price.
5.2. Certain products may be subject to the margin scheme under § 25a UStG. In these cases, sales tax is not shown separately.
5.3. smartport does not charge the buyer a service fee.
6.1. Various payment methods are available on the Platform. Payment processing is handled by smartport Marketplace B.V., which has commissioned Mollie B.V. (Amsterdam) for this purpose under the Mollie Connect Marketplace model. Merchants can enable the storage of card data for future transactions via Mollie.
6.2. All payment claims are due immediately upon completion of the ordering process, unless otherwise agreed.
6.3. Vouchers and discount codes are non-transferable, cannot be combined with other promotions and are not payable in cash.
7.1. The Products are shipped directly by the respective merchant to the specified delivery address.
7.2. Specified delivery times are non-binding estimates unless expressly confirmed as binding.
7.3. The risk of loss or damage passes to the consumer upon delivery of the Product.
7.4. Transport damage must be reported to the merchant without delay after receipt.
7.5. Delivery times specified on the Platform constitute non-binding guidelines unless expressly marked as binding.
7.6. Delivery delays may occur in particular due to production, procurement, logistics, customs or shipping processes.
7.7. In the event of a delivery delay, the buyer must allow the merchant a reasonable period to perform, insofar as required by law.
7.8. The buyer's statutory rights remain otherwise unaffected.
8.1. Consumers have a statutory right of withdrawal of 14 days from receipt of the goods.
8.2. Withdrawal may be declared without stating reasons, for example by using the withdrawal form (see § 14) or by e-mail to the merchant.
8.3. After declaring the withdrawal, the buyer has 14 days to return the Product. Refund of the purchase price including original shipping costs will be made within 14 days of receipt of the withdrawal notice.
8.4. The buyer bears the return shipping costs, unless the merchant information sheet specifies otherwise.
8.5. The right of withdrawal expires for sealed goods which are not suitable for return for reasons of health protection or hygiene once the seal is removed after delivery.
9.1. Merchants are liable for defects in the Products sold by them in accordance with statutory provisions.
9.2. For new products: statutory warranty period of 2 years from delivery.
9.3. For used products: The warranty period may be contractually shortened to 1 year, provided this is expressly stated in the merchant information sheet.
9.4. Within 12 months from delivery, it is presumed that a defect that has occurred was already present at delivery.
9.5. To assert warranty claims, buyers contact the merchant through their customer account or by e-mail.
10.1. smartport's liability for damages is governed by statutory provisions. For material and financial damages, smartport is liable – insofar as permitted by law – only in cases of intent and gross negligence. For damages arising from injury to life, body or health, smartport is liable even in cases of slight negligence.
10.2. Since the purchase agreement is concluded exclusively between buyer and merchant, smartport assumes no liability for the Products, their characteristics, conformity or availability.
10.3. smartport is not liable for damages caused by force majeure.
11.1. Products are sorted by default according to relevance. Relevance factors are: sales history, price and availability.
11.2. Users can adjust the sorting (price ascending/descending).
11.3. Product badges (e.g. "Bestseller") are based on objective criteria such as sales figures. Paid placement does not occur.
11.4. smartport does not use personalized user data for ranking.
The processing of personal data is carried out in accordance with our Privacy Policy and Cookie Policy, which are available on the Platform.
13.1. These Terms and Conditions are governed by German law with the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded to them by mandatory provisions of the law of their habitual residence (Art. 6 Rome I-Regulation).
13.2. In the event of a dispute, users and smartport will first seek to reach an amicable settlement.
13.3. The European Commission provides an online dispute resolution platform: https://ec.europa.eu/consumers/odr. smartport is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
(Please complete and send to the respective merchant)
To: _________________________ (Name of Merchant)
Hereby I revoke the contract I have concluded for the purchase of the following goods:
Goods: _________________________
Ordered on: _________________________
Received on: _________________________
Name: _________________________
Address: _________________________
Order number: _________________________
Date: _________________________
Signature (only for notification on paper): _________________________
