Terms of service
GENERAL INFORMATION
This website is operated by SmartGadget. Throughout the site, the terms “we”, “us”, and “our” refer to SmartGadget. SmartGadget provides this website, including all information, tools, and services available on this site to you, the user, conditioned on your acceptance of all terms, conditions, policies, and notices set forth herein.
By visiting our site or purchasing something we offer, you participate in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those terms and conditions and additional policies referenced in this document or available via hyperlink. These Terms of Service apply to all users of the site, including, but not limited to, users who are browsers, suppliers, customers, merchants, or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current services will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of the website or access to it after the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell you our products and services.
SECTION 1: TERMS OF THE ONLINE STORE
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in using the service, violate any law in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any virus, worm, or destructive code.
The failure to comply with or breach of any of the Terms will result in the immediate termination of your services.
SECTION 2: GENERAL TERMS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, the use of the service, or access to the service or any contact on the website through which the service is provided, without our express and written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3: ACCURACY, INTEGRITY, AND TIMELINESS OF INFORMATION
We will not be responsible if the information available on this site is not accurate, complete, or current. The material on this site is provided for general informational purposes only and should not be taken as definitive or used as the sole basis for making decisions without consulting more accurate, complete, or timely primary sources of information. Reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4: MODIFICATIONS TO SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) at any time without prior notice.
We will not be liable to you or to any third party for modifications, price changes, suspensions, or interruptions of the service.
SECTION 5: PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Refund Policy:
https://smartgadget-goodies.com/policies/refund-policy
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right as applicable. We reserve the right to limit the quantities of any of the products or services we offer. The descriptions or prices of products are subject to change at any time without prior notice, at our sole discretion. We reserve the right to withdraw any product at any time. Any offer of any product or service made on this site will not be valid where prohibited.
We do not guarantee that the quality of the products, services, information, or other material purchased will meet your expectations, nor that any errors in the service will be corrected.
SECTION 6: ACCURACY OF BILLING INFORMATION AND ACCOUNTS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or with the same customer account, the same credit card, or orders that use the same billing or shipping address. If we modify or cancel an order, we will attempt to notify you by contacting you via the email or billing address or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and the numbers and expiration dates of your credit cards, so that we can complete your transactions and contact you when necessary.
For more details, please review our Refund Policy:
https://smartgadget-goodies.com/policies/refund-policy
SECTION 7: OPTIONAL TOOLS
We may provide you access to third-party tools that we do not monitor and over which we have no control or collaboration.
You acknowledge and agree that we provide access to such tools 'as is' and 'as available', without warranties, representations, or conditions of any kind and without any kind of support. We are not responsible for your use of third-party optional tools.
Any use by you of the optional tools offered through the site is entirely at your own risk, and you must ensure that you understand and agree to the terms under which the relevant third-party providers supply the tools.
We may also, in the future, offer new services or features through the website (including the launch of new tools and resources). New features or services will also be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
Certain content, products, and services available through our service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not guarantee or assume any obligation or liability for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not responsible for any damage or harm related to the purchase or use of goods, services, resources, or content, nor for any other transaction conducted in connection with third-party websites. Carefully review the policies and practices of third parties and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to them.
SECTION 9: COMMENTS, OPINIONS, AND OTHER USER SUBMISSIONS
If, at our request, you send specific proposals (for example, contest entries) or, without being asked, send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comment you send us. We are not and will not be obligated (1) to maintain the confidentiality of any comment; (2) to pay compensation for any comment; or (3) to respond to any comment.
We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, is illegal, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that infringes the intellectual property of any party or these Terms of Service.
You agree that your comments will not infringe on any third-party rights, including copyright, trademark, privacy, personality, or other personal or property rights. You also agree that your comments will not contain defamatory or illegal material, abusive or obscene content, or computer viruses or other malicious programs that may in any way affect the operation of the service or any related website. You may not use a false email address, impersonate someone other than yourself, or mislead us or third parties about the origin of the comments. You are solely responsible for the comments you make and their truthfulness. We are not responsible for comments posted by you or by third parties.
SECTION 10: PERSONAL INFORMATION
The submission by you of personal information through the store is governed by our Privacy Policy, which can be viewed here:
https://smartgadget-goodies.com/policies/privacy-policy
SECTION 11: ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information or cancel orders if any service information or any related website is inaccurate, at any time and without prior notice (even after you have submitted your order).
We are not obligated to update, modify, or clarify the service information or any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied to the service, or any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
SECTION 12: PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in any illegal act; (c) to violate any local, international, federal, provincial, or state regulation, rule, law, or ordinance; (d) to infringe or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, belittle, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to send false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will be used or may be used in any way that affects the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to send spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, or secure, or that it will be free of errors.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice.
You expressly agree that your use of the Service or inability to use it is at your own risk. The Service and all products and Services delivered to you through the Service are provided (unless we expressly state otherwise) 'as is' and 'as available' for your use, without any representation, warranty, or condition of any kind, whether express or implied, including all implied warranties or conditions of merchantability, commercial quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall SmartGadget, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, loss of profits, loss of income, loss of savings, loss of data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or products obtained through the Service, or any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or made available through the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
SECTION 14: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SmartGadget and the parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney's fees, made by any third party due to, or arising out of, your breach of these Terms of Service or the documents incorporated by reference, or your violation of any law or the rights of a third party.
SECTION 15: SEVERABILITY
In the event that any provision of these Terms of Service is found to be illegal, void, or unenforceable, such provision shall, nevertheless, be enforceable to the fullest extent permitted by applicable law, and the unenforceable provision shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 16: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date of this agreement shall survive after termination for all purposes.
These Terms of Service will remain in effect unless and until you or we terminate them. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you stop using our site.
If, in our sole discretion, you fail to comply with, or we suspect that you have failed to comply with, any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain responsible for all amounts due up to and including the date of termination; or, accordingly, we may deny you access to our Services (or any part thereof).
SECTION 17: ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policy or operational rule published by us on this site or regarding the Service constitute the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, among others, any previous version of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting group.
SECTION 18: APPLICABLE LAW
These Terms of Service and any separate agreement under which we provide you Services will be governed by and construed in accordance with the laws of Spain.
SECTION 19. CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change, or replace, at our sole discretion, any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Continued use of the website or access to it or the Service after the posting of any changes to the Terms of Service constitutes acceptance of those changes.
SECTION 20: CONTACT INFORMATION
Questions about the Terms of Service should be sent to
Our contact information is published below:
SmartGadget
Emails:
Address: C/ De la Cruz 3, 1d
Phone: +34 664 574 438
Registration number: ES26286187Q
VAT number: ES26286187Q