Terms and conditions

SmartGrade Pro™

Terms and conditions

The SMARTGRADE PRO Company (hereinafter “the Seller” or “SMARTGRADE PRO”) is a joint stock company constituted under French law with a capital of 6,000 euros, whose registered office is located at 5 rue Longchamp, 06000 Nice, France. It is registered in the Nice Trading Register under the business registration number 883 975 781 and represented by Ms. Harmonie Dutillieux as President.

It operates a wholesale business of electronic and telecommunications components and equipment for professionals in the same field. The Customer acknowledges that the mere fact of placing an order implies that he recognizes himself as a professional in the same field as the Seller.

Any product order placed by the Customer implies the Customer’s unreserved acceptance, and full and complete adherence, to these General Terms and Conditions of Sale (hereinafter “GTC”), which are freely available on the Seller’s website namely: smartgradepro.com.

These GTC apply regardless of the place of delivery of the products and regardless of the Customer’s country of establishment.

These GTC prevail over any other document issued by the Customer and in particular over any other general or specific conditions issued by the Customer, except with the written agreement given by the Seller prior to the order. All other documents from the Seller, such as catalogs, advertisements, etc., have only informative and non-contractual value.

The Seller reserves the right to modify these GTC from time to time. The GTC in force correspond to those accessible online on the Seller’s website on the date of the order placed by the Customer.

2. Opening of Account

To access certain services, the Customer must first register and create an account. To this end, the Customer must complete all the mandatory fields appearing in the registration forms.

When registering online for the creation of an account, the Customer undertakes to provide true, accurate, up-to-date and complete information as well as any supporting documents requested by the Seller. The Customer undertakes not to create a false identity likely to mislead third parties and to update without delay the data he provided when registering online.

In the event that the Customer provides information that is false, inaccurate, outdated, incomplete or in violation of the provisions of this article, SMARTGRADE PRO shall be entitled to suspend or terminate the Customer’s account without delay and to refuse him immediately and for future access to all or part of the Services.

In the event of unavailability of a product, the Seller reserves the right to cancel the Customer’s order, by returning any sums already paid. The cancellation of the order by the Seller does not give rise to any compensation for the Customer.

3. Delivery, Deadlines and Receipt of Products

3.1 Delivery: The delivery of the items ordered by the Customer will take place at the address of his choice determined at the time of the opening of the account. The delivery address can be changed at the request of the Customer or more generally of the person who placed, validated and paid for the order, up to 48 hours before delivery.

3.2 Deadlines: In the event that the Customer is absent during the delivery of the order, it is his responsibility to collect his delivery from the address mentioned by the carrier and according to the methods specified by the latter on the transit advice note left at the delivery address.

If the delivery is not collected within the time indicated on this notice or in the event of refusal of delivery by the Customer, the package is returned to the SMARTGRADE PRO Company. The products will then be reimbursed via bank transfer (except for the costs of initial delivery). Administrative costs of €30.00 excluding tax will also be deducted from the amount of the reimbursement as well as the return costs invoiced by the carrier.

The second delivery is subject to the payment of the new transport costs by the customer. Delivery is made by one of the following transport companies: DHL, TNT, UPS and CHRONOPOST. The delivery time is conditioned by the choice of delivery method made by the Customer when ordering. The delivery time indicated when ordering is given for information only and is not guaranteed.

Consequently, the SMARTGRADE PRO Company cannot be held responsible in the event of a deadline being exceeded.

Exceeding the deadline cannot give rise to any cancellation of the order, to any reduction in the price paid by the Customer and to any payment in respect of damages as soon as the Customer is delivered within 30 days following the confirmation of his order. Also, order deadlines are not guaranteed by SMARTGRADE PRO if orders are placed on the eve of public holidays or weekends.

SMARTGRADE PRO allows itself an additional period of 24 working hours for the shipment of exported orders requiring greater administrative and customs formalities.

Delivery times may also vary in the event of an external event (force majeure, storm, blockage of transport routes, etc.). This list is not exhaustive.

In the event of a stock shortage affecting an order, SMARTGRADE PRO will inform the Customer at the time of shipment. If this rupture concerns his entire order, the order will be canceled and the Customer will be fully reimbursed within a maximum of 30 days following payment. Otherwise, the value of the product out of stock will be refunded to the Customer in the form of a bank transfer. A credit note will also be established and sent to the Customer by email.

3.3 Receipt of the Products: Any complaint for non-conformity or missing product on delivery must imperatively be sent to the SMARTGRADE PRO Company, with a copy of the reservations made to the carrier, within 48 hours of the signing of the delivery.

The reserves at the time of delivery must be precise and complete as to the nature of the visible damage to the packaging and the condition of the goods (reserves on damage and number of missing parts / damage to the goods). It is imperative to check all products upon receipt. The contents of each package must be inspected in the presence of the deliverer and before any acceptance of the package.

The anomaly noted must be clearly written and marked mainly on the goods and not exclusively on the packaging. Reserves must be written on the delivery receipt in front of the driver, who is entitled to issue counter reserves. It is recommended not to accept very visibly damaged packages or to refuse delivery as a whole.

Late complaints can in no case be taken into account and the responsibility of the Customer is then only and fully engaged.

3.4 Product return:

The product must be returned, in its original packaging, without modification or alteration and complete (accessories, manuals, drivers, etc.), the whole being protected by an overpack clearly mentioning the return number. The returned product must be in a condition suitable for its re-sale. Please note that the product must not show any irreversible signs of wear such as scratches, alterations, dirt. If this rule is not respected, in accordance with the law, a discount covering the level of degradation of the equipment returned by the Customer will be applied.

Return costs are the responsibility of the Customer.

The provisions concerning the legal withdrawal period are not applicable to relations between professionals.

4. Prices and Shipping Costs

4.1 Prices: Product prices are displayed on the Site in the “ProGrade Catalogs” section. These prices may be modified at any time, without notice by the SMARTGRADE PRO Company. The prices charged are those displayed on the order form provided by the Seller. The prices are expressed in Euros and are exclusive of tax (hereinafter “HT”) and exclusive of delivery costs. When the displayed price includes delivery costs, this information is mentioned in the catalogue.

Any compulsory deduction relating to the products will be invoiced in accordance with the regulations in force and included in the price presented at the time of placing the order.

In the event of an order intended for delivery outside France, the Customer must inform himself of any customs duties or any other duties or taxes which are payable in the country of delivery of the products. The Customer is responsible for the full payment of these duties and taxes related to the customs clearance of his order. For sales to companies in the European Union, excluding France, VAT-free invoicing options are offered.

4.2 Shipping costs: Shipping costs include packaging and postage costs. The shipping costs are indicated during the ordering process and prior to the confirmation of the order. The amount of the shipping costs is calculated according to the nature of the products ordered, the amount of the order and the delivery method selected. For any delivery abroad, the export department of the SMARTGRADE PRO Company will directly specify the specific shipping costs and the terms of payment.

5. Payment and Method of Payment

5.1 Payment: All products are in principle payable at the time of the order.

The final validation of the order, the reservation for the Customer of the products ordered and the delivery of these are therefore subject to receipt of your payment. Any costs relating to the transfer, whatever their nature or origin, are entirely the responsibility of the Customer.

However, financial outstandings may be granted by SMARTGRADE PRO.

As part of a financial outstanding granted by SMARTGRADE PRO, the latter reserves the right to suspend any delivery of an order, regardless of its level of execution, in the event of non-payment on the due date of any sum due or in the event of reduction or cancellation of the financial outstanding granted.

Penalties of an amount equal to the base bank rate plus 3 percent are automatically applicable to unpaid amounts.

5.2 Methods of payment:

The order and the payment can only be made by the means available on the site. Payment is to be made when ordering, by credit card (Visa, MasterCard, American Express) or bank transfer.

In the event of payment by bank transfer, the order will only be processed upon actual receipt of the funds in the Seller’s bank account. The Seller’s bank details will be communicated to the Customer at the time of the order. The final validation of the order, the reservation by the Customer of the products ordered and the delivery of these are subject to receipt of the transfer. Any costs relating to the transfer, whatever their nature or origin, are entirely the responsibility of the Customer.

It is up to the Customer to ensure the conformity of his order before validating it. Once the latter has been set, no changes can be made (change of reference, addition of products, etc.)

No payment can take place at the headquarters of the SMARTGRADE PRO Company, nor any recovery of equipment or order (including an order previously paid for online).

For security reasons, no payment will be taken over the phone.

6. Retention of Ownership

The transfer of ownership only occurs upon full payment of the price of the order by the Customer. On the other hand, the transfer of risks of loss and deterioration of the Products sold will be carried out as soon as they are delivered under the conditions provided for in the paragraph above, so that the Products travel at the sole risk and peril of the Customer.

SMARTGRADE PRO retains full and entire ownership of the products sold until effective and full payment of the main and accessory price, the Customer must keep the goods in perfect condition until their payment. The Customer is therefore prohibited, in the event of incomplete payment, from disposing of the products for resale or processing.

The Customer undertakes to immediately notify SMARTGRADE PRO of any difficulties likely to cause its failure and of any seizures made by third parties on the products.

The above stipulations do not prevent, upon delivery of the goods, the transfer to the Customer of the risks of loss and deterioration of the goods sold as well as the damage that it could cause.

In the absence of even partial payment, SMARTGRADE PRO will be entitled to demand the immediate return of the equipment delivered. All the costs generated by this return will be borne by the Customer. It is expressly agreed between the parties that in this case any deposit paid will be retained by SMARTGRADE PRO as damages.

7. Guarantee

In accordance with Decree-Law No. 84/2021 of October 18 (regulating consumer rights in the purchase and sale of digital goods, content and services, transposing Directives (EU) 2019/771 and (EU) 2019/770), all equipment sold after 01/01/2022 on www.smartgradepro.com is covered by a guarantee of conformity of the goods corresponding to a period of three (3) years (including reconditioned), with the exception of second-hand goods, for which the warranty period is 18 months from the date of delivery to the Customer, provided that the brand’s warranty conditions are respected.

In addition to the legal guarantee against hidden defects, the products sold benefit from a manufacturer’s guarantee, exclusive of any other guarantee, in particular that of the result as to the satisfaction of the Customer’s specific needs.

Regarding the legal guarantee of conformity, the Customer has a period of 2 years from the delivery of the goods to act, only when it comes to new products.

If during the warranty period the product proves to be defective (at the date of purchase) due to a defect in materials or workmanship, SMARTGRADE PRO will, at its option repair or replace, free of charge the product or its defective parts.

This warranty only applies if the defective product is presented during the warranty period, accompanied by the invoice. SMARTGRADE PRO reserves the right to refuse the free application of the guarantee if the invoice is not presented, incomplete or illegible.

In addition, the Customer does not have to provide proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods.

This warranty does not cover transportation costs. SMARTGRADE PRO is in no way responsible for the return of defective goods. Any damage or loss of parcels occurring on a return of goods will be the responsibility of the Customer. It is therefore appropriate for the latter to ensure the conditions for returning the goods (choice of carrier, tracking of the package and possible insurance).

This warranty does not cover any of the following:

– Periodic maintenance and repairs or replacement of parts due to normal wear and tear;

– Damage or defects resulting from use, operation or handling of the product that does not comply with normal personal or private use;

– Damage or modifications caused by improper use, installation or use of the product not in accordance with its intended purpose, virus infections or use of the product with incorrectly installed or inappropriate software, use of the product with improper accessories, peripherals and other products, repairs made or attempted by persons other than SMARTGRADE PRO repairers or by persons other than SMARTGRADE PRO’s authorization, negligence, accidents, fires, liquids, chemicals, other substances, flooding, vibration, excessive heat, power surges, excessive or inadequate power supply, radiation, electrostatic discharge including lightning, other external forces and effects.

This warranty only covers the hardware components of the product. It does not cover software for which an end user license agreement or separate warranty statements or disclaimers are provided or apply.

The commercial guarantee of SMARTGRADE PRO is indicated for each product on the catalogs present on the website, as well as on the order form.

If the purchased product is defective or malfunctions, the Customer must report the situation to SMARTGRADE PRO customer service, indicating the order number and the description of the malfunction. The cost of returning or removing items during the warranty period will be borne by SMARTGRADE PRO.

8. Possible Disputes

The total and cumulative liability of the Seller, whatever the cause, is limited to the amount paid by the Customer for the order concerned.

Under no circumstances will the Seller be entitled to compensation for indirect and/or immaterial or moral damages, namely in particular financial or commercial damages such as loss of profit, loss of order, operating loss, loss of data, loss of profit, damage to image, interruption of service, as well as damages of the same nature resulting from a claim action directed against the Seller due to damage suffered by a third party.

The Seller’s liability is limited, in the case of a defective part, to the amount of the latter, even if its assembly has caused collateral damage to the device.

9. Digital Privacy

The personal data transmitted by any Customer is processed by SMARTGRADE PRO for the purposes of managing and executing orders, and may be communicated to the contractual partners of SMARTGRADE PRO involved in the execution of this order.

The law on the protection of personal data (hereinafter “LPDP”) and the general data protection regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, hereinafter “GDPR” ) ensure the protection of individuals with regard to the processing of personal data and the free movement of such data.

In accordance with the law, you have a right of access and rectification and opposition to personal data concerning you. Just let us know by email or post:

SMARTGRADE PRO, 5 rue Longchamp, 06000 Nice, France.

The Customer who has voluntarily given his contact details may, if he wishes, be contacted about information, operations on the Site and commercial proposals from the SMARTGRADE PRO Company or those of its commercial partners, subject to be expressly authorized in advance.

The commercial offers of the site will be sent to the Customer by email if no opposition has been issued. The Customer may at any time oppose commercial offers free of charge.

Depending on the choices he makes when creating or consulting his account, any Customer is likely to receive offers from SMARTGRADE PRO. Any Customer who does not wish to do so may, at any time, request it by logging into your account. The purpose of the cookie is to signal your visit to our site. Cookies are therefore only used by SMARTGRADE PRO for the purpose of improving the personalized service intended for you.

10. Cookies

When accepting the SMARTGRADE PRO cookie policy, you must take into account that the use of cookies allows the personalization of use and the presentation of services and offers tailored to your areas of interest. You can change your cookie settings at any time.

WHAT ARE COOKIES?

Cookies are small text files sent to your computer or mobile device when you visit websites. Cookies help websites store and retrieve information about your browsing habits in order to personalize browsing according to your preferences.

HOW CAN I MANAGE COOKIES?

All browsers allow the user to accept, refuse or delete cookies by selecting the advanced browser settings. It is possible to configure cookies in the “parameters” menu. Be aware, however, that disabling cookies may prevent certain web services from working properly, which may partially or totally affect your browsing on the site.

11. Case of Force Majeure

The responsibility of the SMARTGRADE PRO Company cannot be implemented if the non-execution or the delay in the execution of one of its obligations results from a case of force majeure preventing the normal execution of the contract.

Expressly, are considered as cases of force majeure or fortuitous events: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to Customers.

SMARTGRADE PRO, noting the event, must within 10 days inform the other party of the impossibility of performing the service.

As soon as the reason for suspending the obligations disappears, SMARTGRADE PRO will inform the Customer of the resumption of its obligation. If the suspension of obligations is less than one month, the Customer will not be able to request reimbursement of his order, the latter will normally be sent to him.

If this cause continues beyond one month or is final, the contract of sale between the parties will be automatically terminated and the parties will be released from their obligations.

12. Account Suspensions

The SMARTGRADE PRO site is for the exclusive use of telephony, computer and multimedia repair and sales professionals. The Seller reserves the right to refuse the registration of any customer who does not respect this point or does not communicate the documents to justify his professional activity.

The site is strictly prohibited for individuals or professionals carrying out an activity other than that detailed above.

Customers undertake to keep the Seller informed within 10 days of any change relating to their activity (change of NAF code, suspension of activity, etc.).

The Seller reserves the right to delete the account of any customer who engages in threats, insults or makes vulgar and degrading remarks towards the company or one of its employees. This action requires no notice. No re-registration will be accepted following this type of suspension.

The Seller reserves the right to suspend an account with a payment arrears of more than 48 hours and this as long as the situation has not been regularized.

The Seller reserves the right to permanently delete an inactive account. An account on which no order has been placed over a period of 90 days is considered inactive. This action requires no notice. The Seller reserves the right to refuse the re-registration of a customer whose account has been deleted due to inactivity.

13. Jurisdiction Clause and Applicable Law

These general terms and conditions are subject to French law. Any dispute concerning its interpretation and/or its execution is, in the absence of an amicable settlement, the jurisdiction of the French courts, even in the event that the Customer is domiciled outside French territory, and regardless of the place of delivery of the Products, to the exclusion of any other right, and in particular to the exclusion of the provisions of the Vienna Convention on the international sale of goods.