1. SCOPE

1.1 These General Terms and Conditions of Sale (hereinafter referred to as the "T&Cs") govern all sales concluded by the Seller with Customers wishing to purchase the Products offered on its website.

1.2 These T&Cs apply to the exclusion of all other conditions, in particular those applicable to sales in physical stores or via other distribution channels.

1.3 The T&Cs are accessible at any time on the Site. They prevail, where applicable, over any other version or contradictory document, unless otherwise agreed in writing by the Seller.

1.4 Unless proven otherwise, the data recorded by the Seller constitutes proof of all transactions carried out between the Customer and the Seller.

1.5 Validation of the order by the Customer implies full and unreserved acceptance of these T&Cs.

1.6 The T&Cs come into force upon their publication on the Site and immediately replace previous conditions for all future operations. The T&Cs applicable to a given sale are those in force at the time the order is validated by the Customer.

1.7 Acceptance of these T&Cs by the Customer is a determining condition of the Seller's willingness to contract with the Customer.

2. DEFINITIONS

  • T&Cs : refers to these General Terms and Conditions of Sale.

  • Customer : refers to any natural person acting as a consumer, i.e., outside of their professional or commercial activity.

  • Personal Account : refers to the secure space specific to each Customer, allowing for the management of their orders and history.

  • After-Sales Service : refers to the Seller's intervention within the framework of the commercial warranty (repair, replacement with a Product of equivalent quality, or refund, at the Seller's discretion).

  • Product(s) : refers to all items offered for sale on the Site (smartphones, computers, tablets, home appliances, audio, video, scooters, etc.), whether new or refurbished.

  • Website : refers to the site accessible at the following address: https://smartyneuwert.com/en .

  • Carrier : refers to the delivery service provider selected by the Seller.

  • Seller : refers to the company Smarty NeuWert.

3. PRODUCTS – CONDITIONS AND SPECIFICATIONS

3.1 The Seller offers for sale both new and refurbished Products, divided into different categories, brands, models, and aesthetic conditions.

3.2 For refurbished Products

📱 Category 1 – Smartphones, Tablets & Laptops

As these devices are handled daily and are highly visible, we pay extreme attention to the condition of the screen and the edges.

Grade Screen condition Edge / back casing condition
Pristine Perfect – no scratches, no dead pixels. May show superficial micro-scratches barely visible at 30 cm.
Very GBod Minor signs of use (fine scratches), invisible when the screen is on. Signs of wear slight on the edges and back casing.
Good Signs of use noticeable (scratches visible when the screen is off, with no impact on readability). Visible signs of wear on the edges and back.
Fair Scratches visible on the screen (do not interfere with reading or navigation). Wear pronounced (micro-dents, chips on the edge or casing).

🏠 Category 2 – Home Appliances, Audio, Robots, TV, Scooters, etc.

For these devices, priority is given to functionality and robustness. The aesthetic appearance remains important but allows for more signs of use.

Grade Body / casing condition Internal check
Pristine No visible signs of wear (body and buttons are flawless). All parts (motor, electronics) are checked and tested.
Very GBod Slight signs of use (micro-scratches or superficial scuffs). Parts checked and calibrated.
Good Visible signs of wear (scratches on plastic or metal, buttons slightly worn). Internal parts fully tested and functional.
Fair Pronounced signs of wear (scrapes, significant friction marks). 100% functional features.

3.3 The essential characteristics of each Product (technical specifications, dimensions, capacity, battery health, included accessories, warranty period) are described on the Site. It is the Customer's responsibility to consult them before placing any order.

3.4 The Customer is solely responsible for choosing the Product according to their needs, based on the information provided.

3.5 The photographs and illustrations on the Site are provided for information purposes only and are not contractually binding.

3.6 All refurbished Products must undergo a series of tests and treatments (hardware diagnostics, complete data erasure, cleaning, connection verification). A detailed list of these operations is available upon request from Customer Service.

3.7 The Customer is informed that all refurbished Products have undergone a complete data wipe before being offered for sale.

3.8 Battery policy : For refurbished smartphones, tablets, and laptops, the Seller guarantees that the battery retains at least 80% of its original nominal capacity at the time of delivery. For Products explicitly stamped “New battery” on the product page, the battery is brand new and offers 100% of its capacity. This is clearly indicated before purchase.

3.9 Product offers are valid while stocks last, as indicated at the time the order is placed.

4. MODIFICATION OF THE OFFER

4.1 The Seller reserves the right to make any modifications or improvements to the offer presented on its Site that it deems useful, without being held liable for doing so.

4.2 The Seller also reserves the right, without notice or compensation, to permanently cease the marketing of a Product or offer presented on the Site.

5. ORDERS

5.1 The Customer can place an order on the Site either as aguest, or via its Personal Account.

5.2 If the Customer creates a personal Account, they access it using a username and password. These credentials are strictly personal and confidential. Any use of these credentials is deemed to have been made by the Customer themselves. The Customer undertakes to maintain their confidentiality.

5.3 The Customer must provide accurate, complete, and up-to-date information. Failure to do so may result in the Seller suspending or terminating the Customer's personal Account.

5.4 The Customer declares that they have the legal capacity to enter into a contract.

5.5 The ordering process is as indicated on the Site. Before final validation, the Customer must tick the box "I have read and accept the General Terms and Conditions of Sale without reservation". By doing so, the Customer expressly and irrevocably accepts the Product, its price, and these GTCS.

5.6 The order only becomes final once the Seller has confirmed its acceptance (by email) and has received full payment of the price.

5.7 The Seller reserves the right to refuse to fulfil an order from a Customer with whom there is a dispute or a history of non-compliance with the terms of sale.

5.8 In the event of a stock shortage for a Product indicated as "available" on the Site, the Seller will contact the Customer by email as soon as possible. The Customer may then either accept a replacement Product of equivalent quality and price (subject to availability) or cancel their order and obtain a full refund within thirty (30) days of the notification of the shortage.

6. PRICING

6.1 Products are sold at the prices in force on the Site at the time the order is validated. Prices are expressed and payable in Euros (€) or in the local currency displayed, inclusive of all taxes (VAT).

6.2 Prices may change over time depending on the characteristics of the Products, stock levels, and applicable tax rates.

6.3 Prices take into account any discounts or promotions currently in effect.

6.4 Prices are firm and non-revisable during their period of validity. Delivery, handling, and shipping costs are not included in the base price and are charged as an extra, calculated before the order is finalised.

6.5 An invoice is issued by the Seller and sent to the Customer by email.

7. PAYMENT TERMS

7.1 The payment methods accepted by the Seller are those indicated on the Site (bank cards, PayPal, bank transfer, etc.).

7.2 The total price is payable in full on the day the order is placed.

7.3 The Seller is not obliged to proceed with the delivery of the Products if the Customer has not paid the full price under the conditions provided. Payments are only considered final once the funds have been effectively received by the Seller.

7.4 In the event of non-compliance with payment terms, the Seller reserves the right to suspend or cancel current orders.

8. DELIVERY

8.1 Products are delivered exclusively to the territories indicated on the Site.

8.2 Delivery is made to the address provided by the Customer when ordering. The Customer is solely responsible for the accuracy of this information. Any costs incurred by the Seller due to an incorrect address (notably re-shipment) will be borne by the Customer.

8.3 Dispatch time : The Seller undertakes to dispatch the order same-day if it is confirmed before 2pm (local time) . After this time, dispatch will take place on the next working day.

8.4 Delivery time : Delivery takes place within 1 TB 3 working days from dispatch, depending on the geographical distance and the carrier. These times are indicative and may vary during periods of high activity.

8.5 If the Customer is absent when the parcel is presented by the Carrier and the Product is returned to the Seller, re-shipment will be carried out at the Customer's expense.

8.6 In the event of an abnormally long delay (exceeding 20 working days from the indicative date) not attributable to a case of force majeure, the Customer may request the cancellation of the order and obtain a refund of the sums paid, excluding any compensation or damages.

8.7 Upon receipt, the Customer or the recipient must, in the presence of the Carrier and before signing the delivery note, check:

  • The integrity of the packaging;

  • The number of parcels;

  • The contents (number of Products, conformity of references, general condition).

In the event of an apparent anomaly (damaged parcel, missing or damaged product), the Customer must:

  • Make precise and detailed reservations on the transport note (and refuse the Product if necessary);

  • Keep a copy of the receipt;

  • Notify the Seller in writing (preferably by email) within a maximum period of twenty-four (24) hours.

Failure to comply with these formalities within this period shall result in the Products being deemed compliant and free from any apparent defects.

9. TRANSFER OF OWNERSHIP AND TRANSFER OF RISK

9.1 The transfer of ownership of the Products from the Seller to the Customer only takes place after full payment of the price by the Customer, regardless of the delivery date.

9.2 Regardless of the date of transfer of ownership, the transfer of the risk of loss and damage to the Products only occurs at the moment the Customer takes physical possession of the Products.

10. RIGHT OF WITHDRAWAL – FREE 30-DAY RETURNS

10.1 In accordance with consumer-friendly commercial practices, the Customer has a period of thirty (30) calendar days from the date of receipt of the Product to exercise their right of withdrawal and return the Product for a refund. In the event of an order for several Products delivered separately, the period begins upon receipt of the last Product.

10.2 The Customer must return the Product and its accessories no later than fourteen (14) days after notifying the Seller of their decision to withdraw.

10.3 Return conditions : The Product must be returned in its original condition and complete (battery, packaging, accessories, manual) to allow it to be resold in the same condition as it was delivered. It must be accompanied by the invoice.

Important : If the Product is damaged, soiled, or incomplete, the Seller will not accept the return. The Customer must ensure they disable all security locks (unlock code, facial recognition, fingerprint, iCloud / "Find My" lock). If a code is still active, the Seller cannot erase or reactivate the Product for resale. In this case, the Product will be automatically returned to the Customer, and no refund or exchange will be granted.

10.4 The right of withdrawal can be exercised online via the dedicated return form on the Site, or by any other unambiguous statement. The Customer will receive an acknowledgement of receipt.

10.5 In the event of exercising the right of withdrawal, only the price of the purchased Product(s) and standard delivery costs will be refunded. Return shipping costs are fully covered by the Seller (the Customer uses the prepaid label generated by the Seller). Accessories added by the Customer (screen protectors, cases, etc.) are not refunded.

10.6 The Customer must remove their SIM card from the Product before any return. Failure to do so will result in the SIM card being destroyed for security reasons, for which the Seller cannot be held liable.

10.7 The refund will be processed within a maximum of thirty (30) days from the date the Seller receives the returned Products. The refund will be made using the same payment method used for the initial order.

11. WARRANTIES

A. Legal guarantee of conformity

11.1 All Products supplied by the Seller benefit from the legal guarantee of conformity. This guarantee covers apparent defects, damage, or non-conformities (Product not matching the order) existing at the time of delivery.

11.2 The Seller guarantees that the Product is fit for the purpose usually expected of a similar item and that it corresponds to the description provided on the Site.

11.3 For new Products, the Customer has a period of two (2) years from delivery to act under this guarantee. For refurbished Products, this period is also two (2) years, unless otherwise expressly stated on the product page (e.g., 12 months for certain specific categories).

11.4 In the event of a lack of conformity, the Customer may choose between repair or replacement of the Product, unless this choice entails a cost that is clearly disproportionate for the Seller compared to the other solution, taking into account the value of the Product or the significance of the defect.

11.5 If repair and replacement are impossible, the Customer may return the Product and obtain a refund of the price, or keep the Product and obtain a partial reduction in price.

B. Legal guarantee against hidden defects

11.6 Products also benefit from the legal guarantee against hidden defects. This guarantee covers internal defects (design, material, or manufacturing) that were not apparent at the time of purchase, which render the Product unfit for its intended use, or which diminish such use to such an extent that the Customer would not have purchased it, or would have paid a lower price for it.

11.7 The Customer has a period of two (2) years from the discovery of the defect to act. They may then choose between rescission of the sale (full refund) or a reduction in the sale price.

C. Commercial (contractual) warranty

11.8 In addition to the legal guarantees, the Seller grants a Commercial Warranty the duration of which is indicated on the product page (24 months as standard, extendable to 36 months).

11.9 This commercial warranty covers:

  • Electronic failures (motherboards, processors, memory);

  • Electrical failures (charging circuits, internal connectors);

  • Internal mechanical failures (motors, fans, mechanisms, excluding wear-and-tear parts).

11.10 Special case: battery : The battery is covered by this commercial warranty. If its measured capacity falls below 80% of its nominal capacity before the end of the warranty period (for refurbished items with original batteries), or if it suffers a premature failure (for products with new batteries), the Seller will replace it free of charge.

11.11 The commercial warranty consists of the repair, the replacement replacement of the purchased Product with another Product of equivalent range (refurbished or new, subject to availability), or the refund of the Product, at the Seller's sole discretion.

11.12 To exercise their rights under the commercial warranty, the Customer must inform the Seller in writing (email to kontakt@smartyneuwert.com ) within the warranty period, describing the malfunction. The Seller will then provide the return procedure. The Customer must return the defective Product with all supplied accessories within thirty (30) days of the after-sales service request.

11.13 Warranty exclusions (common to both legal and commercial warranties):

  • Damage resulting from an accident (impact, drop, crushing, liquid, oxidation);

  • Normal cosmetic wear occurring after the sale (scratches, chips) – in particular those corresponding to the initial cosmetic grade (A, B or C) accepted by the Customer;

  • Wear-and-tear parts (filters, belts, blades, seals, bulbs, etc.);

  • Repairs, opening of the device, or modifications carried out by a third party not authorised by the Seller;

  • Defects related to software installed by the Customer, modified operating systems (jailbreak, root, custom ROM) or viruses;

  • Damage caused by the use of accessories that are non-compliant or not provided by the Seller;

  • Loss, theft or breakage of accessories (cables, chargers) after delivery;

  • Products where the IMEI or serial number is missing, illegible or has been modified.

12. LIABILITY AND EXCLUSIONS

12.1 The Seller's liability may only be engaged for direct and proven damages resulting from a proven fault on their part. In any event, the total compensation that may be awarded to the Customer is limited to the total amount of the current contract for the acquisition of the relevant Product.

12.2 The Customer acknowledges and accepts the characteristics and limitations of the Internet. The Seller cannot be held liable for indirect damages related to the use of the network (interruptions, viruses, data interception).

12.3 The Seller has an obligation of means regarding access to the Site. They cannot be held liable for technical unavailability due to maintenance operations, updates or events beyond their reasonable control.

12.4 Any connection or data transmission made using the Customer's login details is deemed to have been carried out by the Customer. The Customer is solely responsible for the confidentiality of their password.

12.5 The Seller declines all liability in the event of non-compliance by the Customer with the legislation of the country in which the Product is used (frequency standards, electrical voltage, etc.). It is the Customer's responsibility to verify usage compliance with local authorities.

13. INTELLECTUAL PROPERTY

13.1 All content on the Site (texts, images, logos, videos, databases) is the exclusive property of the Seller and its partners and is protected by international intellectual property laws.

13.2 Any total or partial reproduction of this content, without express authorisation, is strictly prohibited and constitutes an act of infringement.

14. PERSONAL DATA AND PRIVACY

14.1 Personal data collected from the Customer (name, address, email, telephone) is necessary for order processing, delivery, invoicing and the management of the commercial relationship.

14.2 This data may be communicated to the Seller's partners (carriers, payment providers) strictly within the framework of the execution of the contract. The Seller does not sell or rent its Customers' data to third parties for marketing purposes without explicit consent.

14.3 In accordance with applicable data protection regulations (notably the GDPR for European residents), the Customer has the right to access, rectify, delete and object to the processing of their data. These rights can be exercised by email at the following address: kontakt@smartyneuwert.com.

15. FORCE MAJEURE

15.1 Neither Party can be held liable for the non-performance or delay in the performance of its obligations if this is due to a case of force majeure.

15.2 Cases of force majeure include, but are not limited to: natural disasters, fires, floods, wars, terrorist attacks, total or partial strikes by carriers or postal services, and widespread electrical or telecommunications failures.

16. GENERAL PROVISIONS

16.1 If any provision of these T&Cs is declared null or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.

16.2 The failure of the Seller to exercise any of the provisions of these T&Cs at any time shall not be construed as a waiver of the right to enforce them subsequently.

17. GOVERNING LAW AND DISPUTE RESOLUTION

17.1 These T&Cs and all transactions arising from them are governed by and construed in accordance with the laws of Deutschland, without regard to its conflict of law principles.

17.2 In the event of a dispute regarding the validity, interpretation, or performance of these T&Cs, the Customer and the Seller agree to seek an amicable solution through the Seller's Customer Service department.

17.3 Failing an amicable agreement within thirty (30) days of contacting Customer Service, the dispute shall be submitted to the competent courts. However, the Customer retains the right to bring proceedings before the courts of their place of residence if the mandatory laws of their country so provide.

17.4 The Customer is informed that they may, in any event, use an alternative dispute resolution method, such as mediation or conciliation, particularly via the European Online Dispute Resolution (ODR) platform.

18. PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE

The Customer acknowledges having received, prior to the conclusion of the contract, in a clear and comprehensible manner, these T&Cs as well as all information required by applicable regulations, including:

  • The essential characteristics of the Product;

  • The price and any additional costs (delivery);

  • The delivery time;

  • The identity and contact details of the Seller;

  • Legal and commercial warranties and how they are implemented;

  • The right of withdrawal, its time limits, conditions, and return procedure;

  • Accepted payment methods.

By placing an order on the Seller's Website, the Customer fully and unreservedly accepts these T&Cs, which they expressly acknowledge, waiving the right to rely on any contradictory document.

1. SCOPE
1.1 These General Terms and Conditions of Sale (hereinafter referred to as the "T&Cs") govern all sales concluded by the Seller with Customers wishing to purchase the Products offered on its website.

1.2 These T&Cs apply to the exclusion of all other terms, in particular those applicable to sales in physical stores or via other distribution channels.

1.3 The T&Cs are accessible at any time on the Site. They prevail, where applicable, over any other version or contradictory document, unless otherwise agreed in advance, expressly and in writing by the Seller.

1.4 Unless proven otherwise, the data recorded by the Seller constitutes proof of all transactions carried out between the Customer and the Seller.

1.5 Validation of the order by the Customer implies full and unreserved acceptance of these T&Cs.

1.6 The T&Cs come into force upon their publication on the Site and immediately replace previous terms for all future operations. The T&Cs applicable to a given sale are those in force at the time the order is validated by the Customer.

1.7 Acceptance of these T&Cs by the Customer is a determining condition of the Seller's willingness to contract with the Customer.

2. DEFINITIONS
T&Cs: refers to these General Terms and Conditions of Sale.

Customer: refers to any natural person acting as a consumer, i.e., outside of their professional or commercial activity.

Personal Account: refers to the secure space specific to each Customer, allowing for the management of their orders and history.

After-Sales Service (SAV) Intervention: refers to the Seller's intervention under the commercial warranty (repair, replacement with a Product of equivalent quality, or refund, at the Seller's discretion).

Product(s): refers to all new items offered for sale on the Site (smartphones, computers, tablets, home appliances, audio, video, scooters, etc.).

Website: refers to the site accessible at the following address: https://smartyneuwert.com/en .

Carrier: refers to the delivery service provider selected by the Seller.

Seller: refers to the company Smarty NeuWert.

3. PRODUCTS – CHARACTERISTICS
3.1 The Seller offers new Products for sale, divided into different categories, brands, and models.

3.2 Products are delivered in their original packaging, with all accessories provided by the manufacturer (cables, chargers, manuals, etc.), unless otherwise expressly stated on the product page.

3.3 The essential characteristics of each Product (technical specifications, dimensions, capacity, included accessories, manufacturer's warranty period) are described on the Site. It is the Customer's responsibility to consult these before placing any order.

3.4 The Customer is solely responsible for choosing the Product based on their needs, in light of the information provided.

3.5 The photographs and illustrations on the Site are provided for information purposes only and are not contractually binding. Minor variations in colour or finish may exist depending on the manufacturing batch.

3.6 Product offers are valid while stocks last, as indicated at the time the order is placed.

4. MODIFICATION OF THE OFFER
4.1 The Seller reserves the right to make any modifications or improvements to the offer presented on its Site that it deems useful, without being held liable as a result.

4.2 The Seller also reserves the right, without notice or compensation, to permanently cease the marketing of any Product or offer presented on the Site.

5. ORDERS
5.1 The Customer may place an order on the Site either as a guest or via their personal Account.

5.2 If the Customer creates a personal Account, they access it using a username and password. These login details are strictly personal and confidential. Any use of these login details is deemed to have been made by the Customer themselves. The Customer undertakes to maintain their confidentiality.

5.3 The Customer must provide accurate, complete, and up-to-date information. Failure to do so, the Seller reserves the right to suspend or terminate the Customer's personal Account.

5.4 The Customer declares that they have the legal capacity to enter into a contract.

5.5 The ordering process is as indicated on the Site. Before final validation, the Customer must tick the box "I have read and accept the General Terms and Conditions of Sale without reservation". By doing so, the Customer expressly and irrevocably accepts the Product, its price, and these GTCS.

5.6 The order only becomes final after confirmation of its acceptance by the Seller (by email) and full payment of the price by the Seller.

5.7 The Seller reserves the right to refuse to fulfil an order from a Customer with whom there is a dispute or a history of non-compliance with the terms of sale.

5.8 In the event of a stock shortage for a Product indicated as "available" on the Site, the Seller will contact the Customer by email as soon as possible. The Customer may then either accept a replacement Product of equivalent quality and price (subject to availability) or cancel their order and obtain a full refund within thirty (30) days of the notification of the shortage.

6. PRICING
6.1 Products are sold at the prices in force on the Site at the time the order is validated. Prices are expressed and payable in Euros (€) or in the local currency displayed, inclusive of all taxes (VAT).

6.2 Prices may change over time depending on the characteristics of the Products, stock levels, and applicable tax rates.

6.3 Prices take into account any discounts or promotions currently in effect.

6.4 Prices are firm and non-revisable during their period of validity. Delivery, processing, and shipping costs are not included in the base price and are charged as an extra, calculated before the order is finalised.

6.5 An invoice is issued by the Seller and sent to the Customer by email.

7. PAYMENT TERMS
7.1 The payment methods accepted by the Seller are those indicated on the Site (bank cards, PayPal, bank transfer, etc.).

7.2 The total price is payable in cash, in full, on the day the order is placed.

7.3 The Seller is not obliged to proceed with the delivery of the Products if the Customer has not paid the full price under the conditions provided. Payments are only considered final after the sums have been effectively received by the Seller.

7.4 In the event of non-compliance with payment terms, the Seller reserves the right to suspend or cancel current orders.

8. DELIVERY
8.1 Products are delivered exclusively to the territories indicated on the Site.

8.2 Delivery is made to the address provided by the Customer when ordering. The Customer is solely responsible for the accuracy of this information. Any costs incurred by the Seller due to an incorrect address (notably re-shipment) will be borne by the Customer.

8.3 Shipping time: The Seller undertakes to ship the order on the same day if it is confirmed before 2pm (local time). After this time, shipping is carried out on the next working day.

8.4 Delivery time: Delivery takes place within 1 TB 3 working days from dispatch, depending on the geographical distance and the carrier. These times are indicative and may vary during periods of high activity.

8.5 If the Customer is absent when the parcel is presented by the Carrier and the Product is returned to the Seller, its re-shipment will be carried out at the Customer's expense.

8.6 In the event of an abnormally long delay (exceeding 20 working days from the indicative date) not attributable to a case of force majeure, the Customer may request the cancellation of the order and obtain a refund of the sums paid, excluding any compensation or damages.

8.7 Upon receipt, the Customer or the recipient must, in the presence of the Carrier and before signing the delivery note, check:

The integrity of the packaging;

The number of parcels;

The contents (number of Products, conformity of references, general condition).

In the event of an apparent anomaly (damaged parcel, missing or damaged product), the Customer must:

Make precise and detailed reservations on the transport note (and refuse the Product if necessary);

Keep a copy of the receipt;

Notify the Seller in writing (preferably by email) within a maximum period of twenty-four (24) hours.

Failure to comply with these formalities within this period shall result in the Products being deemed compliant and free from any apparent defects.

9. TRANSFER OF OWNERSHIP AND TRANSFER OF RISK
9.1 The transfer of ownership of the Products from the Seller to the Customer only takes place after full payment of the price by the Customer, regardless of the delivery date.

9.2 Regardless of the date of transfer of ownership, the transfer of risks of loss and damage to the Products only takes place at the moment the Customer takes physical possession of the Products.

10. RIGHT OF WITHDRAWAL – FREE 30-DAY RETURNS
10.1 The Customer has a period of thirty (30) calendar days from the date of receipt of the Product to exercise their right of withdrawal and return the Product for a refund. In the case of an order for several Products delivered separately, the period runs from the receipt of the last Product.

10.2 The Customer must return the Product and its accessories no later than fourteen (14) days following the notification of their decision to withdraw to the Seller.

10.3 Return conditions: The Product must be returned in its original condition and complete (packaging, accessories, manual) to allow it to be put back on the market in the same condition as upon delivery. It must be accompanied by the invoice.

Important: If the Product has been used beyond simple opening and verification, or if it is damaged, soiled, or incomplete, the Seller reserves the right to refuse the return or to apply a discount to the refund. The Customer must imperatively deactivate all security locks (unlocking code, facial recognition, fingerprint, iCloud / "Find My" lock) for connected devices.

10.4 The right of withdrawal can be exercised online via the dedicated return form on the Site, or by any other unambiguous statement. The Customer will receive an acknowledgement of receipt.

10.5 In the event of exercising the right of withdrawal, only the price of the Product(s) purchased and the standard delivery costs are refunded. Return costs are fully covered by the Seller (the Customer uses the prepaid label generated by the Seller).

10.6 The refund is made within a maximum period of thirty (30) days from the receipt of the returned Products by the Seller. The refund is made using the same payment method as that used for the initial order.

11. WARRANTIES
A. Legal guarantee of conformity
11.1 All Products supplied by the Seller benefit from the legal guarantee of conformity. This guarantee covers apparent defects, damage, or non-conformities (Product not corresponding to the order) existing at the time of delivery.

11.2 The Seller guarantees that the Product is fit for the purpose usually expected of a similar item and corresponds to the description given on the Website.

11.3 The Customer has a period of two (2) years from delivery to take action under this warranty.

11.4 In the event of a lack of conformity, the Customer may choose between the repair or replacement of the Product, unless this choice entails a clearly disproportionate cost for the Seller compared to the other option, taking into account the value of the Product or the significance of the defect.

11.5 If repair and replacement are impossible, the Customer may return the Product and obtain a refund of the price, or keep the Product and obtain a partial price reduction.

B. Legal guarantee against hidden defects
11.6 Products also benefit from the statutory warranty against hidden defects. This warranty covers internal defects (in design, material, or manufacturing) that were not apparent at the time of purchase, which render the Product unfit for its intended use, or diminish such use to the extent that the Customer would not have purchased it, or would have paid a lower price for it.

11.7 The Customer has a period of two (2) years from the discovery of the defect to take action. They may then choose between the cancellation of the sale (full refund) or a reduction in the sale price.

C. Commercial (contractual) warranty
11.8 In addition to statutory warranties, the Seller grants a commercial warranty, the duration of which is indicated on the product page (24 months standard, extendable to 36 months).

11.9 This commercial warranty covers:

Electronic failures (motherboards, processors, memory);

Electrical failures (charging circuits, internal connectors);

Internal mechanical failures (motors, fans, mechanisms, excluding wear-and-tear parts).

11.10 Special case of the battery: The battery is covered against manufacturing defects affecting its proper operation (for example, inability to charge, abnormally rapid discharge upon first use). Natural wear and tear of the battery resulting from normal use (gradual decrease in capacity over time) is not covered by the commercial warranty, unless it exceeds the manufacturer's standards within the first few months following purchase.

11.11 The commercial warranty consists of the repair, replacement of the purchased Product with another new Product of equivalent range, or refund of the Product, at the sole discretion of the Seller.

11.12 for faire valoir ses droits au titre de la garantie commerciale, le Client doit informer le Vendeur par écrit (e-mail à kontakt@smartyneuwert.com ) in le délai de garantie, en décrivant le dysfonctionnement. Le Vendeur communique alors la procédure de retour. Le Client doit retourner le Produit défectueux with l'intégralité des accessoires fournis in un délai de trente (30) jours à compter de la demande SAV.

11.13 Warranty exclusions (common to statutory and commercial warranties):

Damage resulting from an accident (impact, drop, crushing, liquid, oxidation);

Normal cosmetic wear and tear following the sale (scratches, chipping, discolouration);

Wear-and-tear parts (filters, belts, blades, seals, bulbs, etc.);

Repairs, openings, or modifications carried out by a third party not approved by the Seller or the manufacturer;

Defects related to software installed by the Customer, modified operating systems, or viruses;

Damage caused by the use of accessories that are non-compliant or not provided by the Seller;

Loss, theft or breakage of accessories (cables, chargers) after delivery;

Products with a missing, illegible, or modified serial number.

12. LIABILITY AND EXCLUSIONS
12.1 The Seller's liability can only be engaged for direct and proven damages resulting from a proven fault on its part. In any event, the total compensation that may be awarded to the Customer is limited to the total amount of the current contract for the acquisition of the Product concerned.

12.2 The Customer acknowledges and accepts the characteristics and limitations of the Internet. The Seller cannot be held liable for indirect damages related to the use of the network (interruptions, viruses, data interception).

12.3 The Seller has an obligation of best endeavours regarding access to the Website. It cannot be held responsible for technical unavailability due to maintenance operations, updates, or events beyond its reasonable control.

12.4 Any connection or data transmission made using the Customer's login credentials is deemed to have been carried out by the Customer. The Customer is solely responsible for the confidentiality of their password.

12.5 The Seller declines all liability in the event of failure by the Customer to comply with the legislation of the country in which the Product is used (frequency standards, electrical voltage, etc.). It is the Customer's responsibility to check usage compliance with local authorities.

13. INTELLECTUAL PROPERTY
13.1 All content on the Website (text, images, logos, videos, databases) is the exclusive property of the Seller and its partners and is protected by international intellectual property laws.

13.2 Any total or partial reproduction of this content, without express authorisation, is strictly prohibited and constitutes an infringement.

14. PERSONAL DATA AND PRIVACY
14.1 Personal data collected from the Customer (name, address, email, telephone) is necessary for order processing, delivery, invoicing, and managing the commercial relationship.

14.2 This data may be communicated to the Seller's partners (carriers, payment service providers) strictly for the purpose of contract execution. The Seller does not sell or rent Customer data to third parties for marketing purposes without explicit consent.

14.3 Conformément à la réglementation applicable en matière de protection des données (notamment le RGPD for les résidents européens), le Client dispose d'un droit d'accès, de rectification, de suppression et d'opposition au traitement de ses données. Ces droits s'exercent par e-mail à l'adresse suivante : kontakt@smartyneuwert.com  .

15. FORCE MAJEURE
15.1 Neither Party may be held liable for non-performance or delay in the performance of its obligations if this is due to an event of force majeure.

15.2 Events of force majeure include, but are not limited to: natural disasters, fires, floods, wars, terrorist attacks, total or partial strikes of carriers or postal services, widespread power or telecommunications failures.

16. GENERAL PROVISIONS
16.1 If any clause of these T&Cs is declared void or unenforceable under applicable law, the remaining clauses shall remain in full force and effect.

16.2 The fact that the Seller does not enforce any provision of these T&Cs at a given time shall not constitute a waiver of its right to enforce it later.

17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1 Les présentes CGV et toutes les opérations qui en découlent sont régies par et interprétées conformément au droit en Deutschland , sans égard à ses règles de conflits de lois.

17.2 In the event of a dispute concerning the validity, interpretation, or execution of these T&Cs, the Customer and the Seller undertake to seek an amicable solution through the Seller's Customer Service.

17.3 Failing an amicable agreement within thirty (30) days from referral to Customer Service, the dispute will be submitted to the competent courts. However, the Customer retains the right to bring an action before the courts of their place of residence if mandatory laws in their country so provide.

17.4 The Customer is informed that they may in any case resort to an alternative dispute resolution method, such as mediation or conciliation, in particular through the European Online Dispute Resolution (ODR) platform or any other mediator whose contact details are provided on the Website.

18. PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE
The Customer acknowledges having received, prior to the conclusion of the contract, in a clear and comprehensible manner, these T&Cs as well as all information required by applicable regulations, including:

The essential characteristics of the Product;

The price and any additional costs (delivery);

The delivery time;

The identity and contact details of the Seller;

Legal and commercial warranties and how they are implemented;

The right of withdrawal, its time limits, conditions, and return procedure;

Accepted payment methods.

By placing an order on the Seller's Website, the Customer fully and unreservedly accepts these T&Cs, which they expressly acknowledge, waiving the right to rely on any contradictory document.