WWW.SMARTWELLNESS.EU

INTRODUCTION

Welcome to the SMARTWELLNESS.EU website. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a website.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE. BY USING THIS SITE AND/OR PLACING AN ORDER FROM THIS SITE, YOU ACCEPT THESE TERMS AND CONDITIONS, AND OUR PRIVACY POLICY WITHOUT ANY RESERVATIONS OR QUALIFICATIONS, AND YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY.

IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, WHETHER IN WHOLE OR IN PART, PLEASE DO NOT USE THE SITE OR ANY OF THE SERVICES PROVIDED ON THE SITE OR PLACE AN ORDER FROM THE SITE.

These Terms constitute an agreement between you (hereinafter, "you" or "your") on the one hand, and JSC E.MOTION ROOMS (hereinafter collectively, "us," "our," "we," "www.smartwellness.eu") on the other hand, in relation to your use of the Website www.smartwellness.eu, the goods/services offered and sold through Website www.smartwellness.eu and any orders you place through the Website www.smartwellness.eu.

If you have any questions about the Terms or the Privacy Policy, you may contact us via the contact information provided on our “Contact Us” webpage on the Site www.smartwellness.eu

USE OF OUR WEBSITE

You agree that:

1. You may only use the Website to make legitimate inquiries or orders.
2. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
3. You also agree to provide correct and accurate email, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Policy for more information on how we use your personal information).
4. If you do not give us all of the information that we need, we may not be able to complete your order.
5. You will not attempt to interfere or interfere in any way with the Site's network or related network security, or attempt to use the Site's service to gain unauthorized access to any other computer system.
6. You will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity.
7. You will not use the Site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or regulation.
8. By placing an order through the Website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

HOW PURCHASE CONTRACTS ARE FORMED

No contract ("Contract") in respect of the purchase of a product offered on the Site or shall exist between you and us or our affiliate partner until your order has been accepted by us or our affiliate partner and we or our affiliate partner send you the Order Confirmation. If we or our affiliate partner do not accept your order and funds have already been deducted from your account, the funds will be fully refunded.

To place an order, you will be required to follow the shopping process online and submit the order. After this, you will receive an email from us or our affiliate partner acknowledging that we or our affiliate partner have received your order (the "Order Confirmation"). Your order constitutes your offer to us or our affiliate partner to buy one or more products from us or our affiliate partner for personal use and not for resale purposes. All orders are subject to acceptance by us and our affiliate partner, and we or our affiliate partner will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched. Notwithstanding the foregoing, your card or other method of payment will not be charged until your order is accepted. However, it may show a pre-authorization of the funds immediately upon order.

For all purchases made through the Site, you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided.

AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we or our affiliate partner will refund any monies that you might have paid.

REFUSAL OF ORDER

We reserve the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion.

We will not be liable to you or any other third party by reason of our withdrawing any product from the Website, whether it has been sold or not, removing or editing any materials or contents on the Website for refusing to process or accept an order after we have sent you the Order Confirmation.

DELIVERY

Products offered through the Website www.smartwellness.eu are only available for delivery to the countries that are indicated in our or our affiliate partners' websites.

Unless there are any exceptional circumstances, it takes two weeks from day of confirmed order for your purchase to arrive at your place.

Reasons for delay could include:

1. Customization of products;
2. Specialized products;
3. Unforeseen circumstances; or
4. Delivery area.

For signature required deliveries (which is generally determined by the carrier), we will after the initial delivery, make two (2) additional attempts to deliver your parcel before initiating a return. For the purpose of these Terms, the "delivery" shall be deemed to have occurred or the goods shall be deemed to "have been delivered" upon receipt of the product(s) at the designated delivery address.

UNABLE TO DELIVER

Please note that an order can be delivered to a neighbor, in case a delivery attempt is unsuccessful. Delivery to a neighbor address is upon judgment of the driver. Signature required orders which cannot be delivered will be returned to warehouse as stated above. The carrier will generally determine if the parcel can be left in a secure place at your delivery address. Your package may be returned to us if there is no safe place to leave the package at the point of delivery, where the package is safe from weather and is not visible to passersby. For lost or missing packages, we will provide you with the information of the carrier and tracking number associated with your order so that you may contact them directly to track your package.
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RISK AND TITLE ‍

The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever event occurs later in time.

PRICE AND PAYMENT

The price of the products shall be the one quoted from time to time on our or our partners' Website, except where there is an error. While we take care to ensure that all prices quoted on our Website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.

We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such.

Once you have finished shopping on the Website, all the products you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment.

Payment for orders will be made directly to our affiliate partners. The amount of the purchase will be charged to your card during 1-24 hours after you get an order confirmation e-mail from our affiliate partners. By submitting an order you are confirming that the credit card is yours. Cards are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non- delivery.

RETURNS AND EXCHANGE POLICY

You have the right to cancel and return your order within 14 days. In order to return a product, it must be in its unchanged condition with all labels remaining and with no package damage.  In this case, client will be required pay the return shipment costs. Please allow 1-2 billing cycles for the refund to appear on your bank statement (due to different banking institution policies).

Please include with the product being returned all original boxes, instructions, documents, and wrappings. After reviewing the product, we will let you know whether or not you have a right to a refund based on our Return and Exchange policy conditions. We will process your refund as soon as possible and in any case; within thirty (30) days of the date the returned goods have been received by us. We will refund any money received from you using the same method used to make payment if the card is available. If not, subject to any legal requirements, we will issue you merchandise credit. Merchandise credits do not expire.

Our affiliate partners reserves the right to refuse returns of any product that does not meet the above return requirements in sole discretion.

Returns of defective products

In circumstances where you consider that the product does not conform to your order, you should promptly contact our affiliate partner or contact us by e-mail: info@smartwellness.eu with details of the product and a description of the defect.

If any defect exists, defective products will be refunded in full, including a refund of the delivery charges (if any) and any reasonable costs incurred by you in returning the product. We will always refund any money using the method used to make payment provided the same is available.

LIABILITY AND DISCLAIMERS

We publish information on the Site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described in the may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in the Site or will be available for purchase in all jurisdictions.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH IS PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THEIR FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Due to the open nature of the Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out on the Website.

INTELLECTUAL PROPERTY

The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials"), is JSC “E.motion rooms” property or that of our suppliers or licensors and is protected by patent or trademark. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any. Materials from the Site in whole or in part, for any public or commercial purpose without the specific prior written permission of JSC “E.motion rooms”. We grant you a personal, limited, non-exclusive, nontransferable license to access the Site and and to use the information and services contained on the Site. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We have the right to change these rules and/or limitations at any time, in our sole discretion.

WRITTEN COMMUNICATIONS

When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website, push notifications or messages. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a "Force Majeure Event"). A Force Majeure Event shall include any act, event, non- happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

1. Strikes, lock-outs or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
7. Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure.

DISPUTES

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THE PRIVACY POLICY AND/OR THESE TERMS WILL BE RESOLVED INDIVIDUALLY.

OUR RIGHT TO MODIFY THESE TERMS

We have the right to revise and amend these Terms at any time. Your use of the Site after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and JSC “E.motion rooms” policies in force at the time that you order products from us.

QUESTIONS AND FEEDBACK

We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our "Contact Us” webpage.

Last updated JUNE 2021

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