General Terms and Conditions

 

Preamble

 

You are currently connected to the “http://www.smartynappy.com” website. The purpose of this document is to inform you about the company and its General Terms and Conditions (GTC).

These GTC apply to all orders placed on the website “http://www.smartynappy.com" (hereinafter referred to as "the Site”).

These GTC set out the contractual relationship between:

- The company Smarty Nappy Ltd, existing under the laws of Mauritius, bearing business registration number C18156284, and having its registered office address at La Baie 27, Azuri, Roches Noires; Phone number: +230 58120227.

Email : hello@smartynappy.com

hereinafter referred to as "Smarty Nappy”, “we”, “our” or “us”.

And on the other hand:

- Any natural or legal person wishing to make a purchase via the “http://www.smartynappy.com” website,

hereinafter referred to as "the Buyer", the "Customer" or “you”, “your” or “yours”.

The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any condition previously available on the Site. However, if a condition were to fail, it would be considered to be governed by the practices in force in the E-commerce sector whose companies are headquartered in Mauritius.

The Customer acknowledges having, prior to placing the order, acquainted with all of the aforementioned information and the GTC.

 

Article 1 — Object

 

1.1 Fields of application

These GTC aim to define the contractual conditions (Rights and Obligations) between the company Smarty Nappy and the Customer, whether professional or consumer, in the context of the sale or rental of products by the company Smarty Nappy, carried out through its merchant Site.

This contract is constituted by these GTC and the purchase order.

 

1.2 Duration of application and modifications of the GTC

These GTC are valid from 01/05/2020.

Smarty Nappy reserves the right to adapt or modify these GTC at any time and without prior notice. In case of modification, the GTC in force on the day of the order will be applied to each order.

The Customer must be at least eighteen (18) years old, be legally capable of contracting and using this Site in accordance with the GTC.

Resale or distribution of products purchased on the Site is strictly prohibited. Indeed, it is specified that the products are reserved only for Customers considered to be consumers, which means that the products are intended to satisfy personal use and not commercial use, whatever it may be. As such, the Customer's attention is particularly drawn to the fact that the amount of her/his orders must not exceed the sum of Rs40,000 including all taxes. For reasons of stock management, Smarty Nappy may limit the Customer's order of the same product to a certain quantity.

 

1.3. Applicable right

This portal is hosted, controlled and managed from the Republic of Mauritius. The parties agree that these GTC are governed by and interpreted in accordance with the laws of the Republic of Mauritius.

 

Article 2 - Availability of products

 

The products and services offered by Smarty Nappy are presented on its Site in French and English.

The product and price offers are valid as long as they are visible on the Site, while stocks last. In case of unavailability of products after placing the order, the Customer will be informed by email or telephone as soon as possible. Smarty Nappy will offer her/him a similar product at the same price. If the substitute product or service is not accepted by the Customer and the payment has been effected, Smarty Nappy will refund it within a maximum period of fourteen (14) days.

 

Article 3 - Geographical area of ​​delivery

 

The products presented and sold on the Site can be delivered through Mauritius Island only. It is therefore the responsibility of the Customer to verify that the location of delivery of the goods complies with our delivery restrictions. Should the Customer have any question about the area of delivery of Smarty Nappy, s/he can contact the Customer Service of Smarty Nappy either by email or telephone (Article 16 "Customer Service"). S/he must fill in the list of products s/he wishes to order as well as the desired place of delivery. Smarty Nappy will then communicate to the Customer the cost of the delivery correspondingly. If the Customer agrees, both parties will formalize the applicable order form.

Likewise, it is also the Customer's responsibility to check with local authorities in her/his case the possibilities of importing or using the products s/he plans to order. The Customer understands and accepts that Smarty Nappy is released from any liability for this fact, and therefore no compensation will be due to the Customer.

 

Article 4 - Order process

 

Any Customer who wishes to buy a product online must follow the procedure described below:

The Customer navigates freely on the Site and can add as many items as desired to her/his "Cart" by choosing "Continue my purchases”. Once s/he is ready for check-out, s/he can click on "Go to the cart” to complete her/his order. Once on the Cart page, the Customer can start the online order form by: 1) Checking all the references of the products chosen, as well as the desired quantities; 2) Selecting the place and mode of delivery, if applicable; And finally 3) Validating the Cart by clicking on the "Order" button.

The Customer is then invited to identify her/himself through her/his Customer account if s/he already has one, or to create one otherwise.

In the first order, the Customer must accurately complete a form containing the following information: title, surname, first name, address, postal code, city, country. S/he mush also enter a valid email address and the password of her/his choice, necessary for the creation of her/his Customer account. As such, the Customer understands and accepts that entering her/his username and password (which is personal and confidential) will constitute proof of their identity during subsequent connections to the Site.

The information and personal data shared by the Customer during the order is binding on the latter. In the event of an entry error, Smarty Nappy cannot be held responsible for the consequences that this would cause for the Customer.

The order summary page is then displayed on the screen. The Customer checks the details of her/his order and its total price. S/he once more has the possibility to correct any errors, before confirming the order. For final confirmation of her/his acceptance, the Customer is asked to check two more boxes: 1) The box "I have read and I accept without reserve these GTC”; 2) The button "Confirm my order" to access payment.

The validation of the order implies acceptance of the GTC, the recognition of having had perfect knowledge of them and, where applicable, the waiver of its own purchasing conditions or other conditions.

Finally, the Customer can choose her/his preferred mean of payment for his order, it being understood that the Customer must have the means of payment as defined in Article 8 - "Method of Payment" below. Finally, s/he clicks on the button corresponding to the payment method of her/his choice.

It is understood that the sale will only be considered final once the Customer has received the confirmation of the order by Smarty Nappy and the latter has received the full amount to be paid.

 

Article 5 - Deactivation of the Customer account

 

Failure by the Customer to comply with the obligations subscribed to under these GTC, including but not limited to: any incident of payment of the price of an order, any act contrary to the interests of Smarty Nappy, the issuance of false information during the creation account may result in the suspension of access to the Site service, or even the termination of her/his account. The decision how to respond to the acts in question relies solely with Smarty Nappy, based on the degree of seriousness of the acts, without any claim for damages or compensation whatsoever by the Customer. Smarty Nappy reserves the right to refuse any order from a Customer with whom there is such a dispute, even if the latter creates a new account or uses a different one.

 

Article 6 - Confirmation of the order

 

Any order placed with Smarty Nappy is subject to a confirmation by the latter for the order to be definitively accepted.

Smarty Nappy reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order, or other cases provided for in this contract.

Confirmation of the order will be sent by email to the Customer within maximum 5 natural days, subject to the provision by the Customer of a valid email address without any restriction on use (professional email address for example, which might reject or send to spam emails from unknown domains). In this specific case, Smarty Nappy cannot be held responsible for the non-receipt of the order confirmation containing all the contractual information and providing proof of the transaction.

Each order confirmation contains the delivery deadline for the order in question.

 

Article 7 - Price

 

The prices are valid as long as they are visible on the Site, while stocks last. Smarty Nappy reserves the right to modify prices at any time, and undertakes to apply the price in force on the date of validation of the order, subject to the availability of the product(s) ordered on that date.

The prices are indicated in Mauritian rupee, all taxes included. They take into account the tax applicable on the day of the order. However, the selling prices do not include shipping costs, invoiced in addition to the price of the services and products purchased according to the amount of the order. The shipping costs will be indicated before the order is placed by the Customer under the term "delivery costs".

For delivery outside Mauritius, the Customer will have to pay customs duties, VAT and/or other taxes due on the occasion of importing the products into the country of the place of delivery. Any related formalities are also the sole responsibility of the Customer, unless otherwise specified or agreed upon.

 

Article 8 - Mode of payment

 

Smarty Nappy offers the following methods of payment to its Customers:

- Bank transfer: the order will then be sent to the Customer when the transfer is noted on the bank account of Smarty Nappy. The Customer needs to use the order number indicated on her/his invoice to identify the transfer;

- By Paypal (coming soon): the Customer is then redirected to the Paypal platform where s/he is subject to the conditions of use of the said platform. This also implies that no banking information concerning the Customer passes through the Site.

All payment will be processed by a secure data encryption procedure so that no information transmitted by the Customer is intercepted by third parties.

 

Article 9 - Retention of ownership

 

The products delivered to the Customer remain the property of Smarty Nappy as long as the Customer has not paid the full price of all products and accessories due according to her/his order. Payment within this clause referring to the actual collection of the price by Smarty Nappy.

The documents provided to the Client are governed by the Code of Intellectual Property. They therefore remain the property of Smarty Nappy. It is therefore forbidden to reproduce, transfer or use the documents provided without the consent of Smarty Nappy.

 

Article 10 - Execution of the order

 

Smarty Nappy reserves the right to refuse the order for a "legitimate reason" (in the sense defined by case law), including but not limited to the following events:

  1. i) Unavailability of the product, abusive request from the Customer, presumption of impossibility for the Customer to contract, or even clear intention for the Customer to harm Smarty Nappy;
  2. ii) Fraud or attempted fraud with regards to the use of the Site.

Smarty Nappy also reserves the right to refuse the order in the event of an obvious typographical error leading to the display of a "low price". Smarty Nappy company will contact the Customer again to inform her/him of the actual price and find out whether s/he wishes to maintain or cancel the order accordingly.

Finally, the Smarty Nappy reserves the right to refuse the order in the event of a dispute with the Customer, total or partial non-payment of a previous order.

In all other cases, Smarty Nappy commits to execute the order and deliver the good(s) to the Customer no later than the delivery deadline indicated in the order confirmation email.

 

Article 11 - Invoicing

 

An invoice is automatically generated when the Customer's order has been confirmed by Smarty Nappy. This is available and permanently searchable in her/his Customer account. To do so, the Customer must click on "My orders”, then on the corresponding order number. Once accessed, the Customer has the possibility to download the invoice in PDF format. Indeed, it is the Customer's responsibility to record and archive her/his invoices, as s/he expressly accepts that the invoices are sent to her/him by electronic mail.

The document recalls in particular: 1) the identification and contact details of Smarty Nappy; 2) the delivery costs; 3) the terms of payment and delivery; 4) the essential characteristics of the product(s); 5) the price; 6) the address for complaints submission.

 

Article 12 - Delivery

 

Products are shipped to the delivery address specified during the ordering process. For all the terms and conditions concerning shipping costs, the Customer is invited to consult the "Delivery" section for more information.

The Customer is informed by email that the order has been sent.

If the recipient of the order is absent during delivery by the carrier, the recipient has five (5) days to arrange a new meeting with the carrier. After this period, the order will be returned automatically to Smarty Nappy, which will contact the Customer again to define the conditions for a possible reshipment. The costs of processing this new delivery will then be invoiced to the Customer.

It is the Customer's responsibility to check the conformity of the goods delivered at the time of delivery and to notify Smarty Nappy the same day in the event of non-conformity.

The Customer must indicate on the delivery note and in handwritten any reservations or anomaly concerning the delivery (such as open package, damaged product, etc.) along with her/his signature. This verification is considered to have been carried out once the Customer, or a person authorized by her/him, has signed the delivery slip. Smarty Nappy encourages the Customer to refuse the goods in the rare event that the product(s) have been seriously damaged.

 

Article 13 - Cancellation of the order, return and refund policy

 

Once the parcel has been received by the Customer, s/he has a period of seven (7) natural days (public holidays and Sunday included) to exercise his right of withdrawal.

However, the Customer will not be able to benefit from this right if :

the supplied good(s) have been washed or used by the Customer after delivery, hence they cannot be returned for reasons of hygiene or health protection.

Smarty Nappy recommends any Customer who wishes to exercise his right of withdrawal to contact Customer Service directly by sending an email to hello@smartynappy.com indicating the order confirmation number.

All the information necessary for the return of the goods (including procedure and documents to be returned to Smarty Nappy) will be detailed to the Customer.

Parcels without an attached item to identify the sender (order number, last name, first name, address) cannot be taken back.

The product(s) must be returned in their new condition and original packaging, complete, and accompanied by a copy of the purchase invoice. The product(s) must not have undergone any alteration whatsoever.

The Customer will then be reimbursed within fourteen (14) natural days from the return, from the recovery of goods by Smarty Nappy.

The costs and risks associated with returning the goods are the responsibility of the Customer who ships them. The return of the product(s) will generate a refund equal to the price paid for the product(s) purchased, and after deduction of the return costs which are in turn borne by the Customer. The return of goods can only be done by a private carrier designated by Smarty Nappy.

 

Article 14 - Return and refund policy (in case of non-compliant order)

 

In the event that the Customer's order does not comply, either due to reference error(s) or missing reference(s), the Customer must contact Smarty Nappy Customer Service as soon as possible. In any event, any claim made beyond seven (7) days following receipt of the product(s) will be considered inadmissible and the responsibility of Smarty Nappy cannot be incurred.

En cas d’erreur de référence, le Client devra retourner le ou les produit(s) reçu(s) faisant l’objet de l’erreur. Dans ce cas, pour que le retour puisse être accepté, le Client devra préalablement en informer le Service Client, et retourner les produits en parfait état dans leur emballage d’origine, sous cinq (5) jours ouvrés à compter de la confirmation de retour délivré par la société Smarty Nappy. Le(s) produit(s) devra(ont) être retourné(s), accompagné(s) de la facture d’achat, adressé(s) à notre Service Client. Les frais de retour sont pris en charge par la Société Smarty Nappy.

The returned product will be refunded or exchanged according to the Customer's request. If the Customer requests a refund (including return costs), this will be made within fourteen (14) days of receipt of the return. In the event of an exchange of the product, Smarty Nappy will ship the product corresponding to the order at its expense as soon as possible (subject to available stock) and at most within thirty (30) days of receipt of the returned product.

 

Article 15 - Liability

 

15.1. Limitation

The Customer understands and accepts that Smarty Nappy cannot be held responsible in the event of a problem caused by negligence, deterioration (normal wear and tear) or inappropriate use of the product by her/him. In this sense, Smarty Nappy encourages the Customer to follow the instructions of use and maintenance of its products as permanently available on the Site, to avoid any faults or malfunctions that may only be the consequence of improper handling or poor maintenance of the product.

5.2. Responsibility

Smarty Nappy, in the online sales process, is only bound by an obligation of means, and its liability cannot be incurred for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, disruption of service, or other unintentional problems. However, and without contradicting the foregoing, Smarty Nappy undertakes an obligation of result with regard to the execution of the order and the delivery of the good(s) to the Customer.

The responsibility of Smarty Nappy under the obligations of these GTC cannot be engaged in the event that the non-performance of its obligations is attributable to: 1) the unforeseeable and insurmountable fact of a third party; 2) the fault of the Client; 3) upon the occurrence of an event of force majeure as defined by the Mauritian courts.

Smarty Nappy declines all responsibility for direct and indirect damage, whether foreseeable or not, caused during use of the Site. In the event that the responsibility of Smarty Nappy should be established and retained due to damage suffered by the Customer and attributable exclusively to the placing of an order, it is limited to the amount of the order paid by the Customer Smarty Nappy.

Any claim filed by a Customer against Smarty Nappy must be made within fifteen (15) calendar days of the occurrence of the event that is the subject of the complaint.

 

Article 16 - Customer Service

 

For any information or question, our Customer Service is at your disposal.

You can contact us:

By phone: +230 58 12 02 27, from 9am to 4pm (Mauritian time) Monday to Friday excl. National Holidays;

By Email: hello@smartynappy.com ;

By mail: Smarty Nappy Ltd – Att : Diana Routier Masuda – La Baie 27, Azuri, Roches Noires – Mauritius.

 

Article 17 - Force Majeure

 

Smarty Nappy can in no way be held responsible for the non-execution of the order in the event of force majeure as defined by the Mauritian courts.

 

Article 18 - Website security

 

The Site of Smarty Nappy uses the SSL (Secure Socket Layer) security protocol to encrypt Customer data.

 

Article 19 - Proof

 

Unless proven otherwise, the computerized registers, kept on the servers of Smarty Nappy, will be considered as proof of communications, orders and payments between the Parties.

By becoming a user of the Site, the Customer acknowledges that the exchanges between her/him and Smarty Nappy will be mainly electronic except in the specific cases presented in these GTC or required by law.

 

Article 20 - Protection of personal information / Privacy policy

 

Our Customers data are important for us. Please refer to our privacy policy for the handling and protection of our Customers personal information.

 

Article 21 - Intellectual property

 

In accordance with the laws governing Intellectual Property (literary and artistic property rights, industrial property rights), this Site and all elements, brands, designs, models, logos, graphics, etc. found on this Site are the exclusive property of Smarty Nappy and its partners, the latter not granting any license or any right other than that of consulting the Site.

The reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, and any reproduction and use of copies made for other purposes are expressly prohibited. Any other use constitutes an infringement and is sanctioned under the rules of Intellectual Property, except with the prior written authorization of Smarty Nappy.

Any simple or hypertext link is strictly prohibited without the express written consent of Smarty Nappy.

 

Article 22 - Entire contract

 

These GTC express all the obligations of the Parties.

No general or specific condition communicated by the Customer can be incorporated into these GTC.

 

Article 23 - Non-waiver

 

The fact that Smarty Nappy does not invoke a breach by the Customer of any of the obligations referred to herein, cannot be interpreted in the future as a waiver of the obligation in question.

 

Article 24 - Applicable law and disputes

 

These GTC are subject to Mauritian law.

In the event of a dispute, the Parties will favor an amicable settlement.

Notwithstanding the foregoing, any dispute relating to the interpretation or execution of this contract between Smarty Nappy and a natural or legal person considered to be a Customer, will be brought to the Mauritian Courts.

 

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