Termini & Condizioni

1. Registration

Users wishing to make use of the services on the site must first register by filling in the form made available on the site. Users who proceed with registration guarantee that they have read the privacy policy, declaring that the personal data they enter are true, correct and current, and assume all responsibility for the information provided. Registered users undertake, by registering to the site, to communicate all subsequent changes which, in any case, if not communicated, cannot be enforced against Smart Generation S.r.l.

The user acknowledges that he/she is responsible for the safekeeping of the password registered by him/her on the site and for any improper use of the same; he/she also acknowledges that he/she shall be liable for any illegal or improper use of the site, carried out with his/her identification password, even if not intended by him/her or attributable to third parties.


2. Acceptance of General Terms and Conditions

The contract stipulated online between Smart Generation S.r.l. and each user registered on the site must be considered concluded when Smart Generation S.r.l. receives the customer's acceptance of the sales proposal, coinciding with the payment of the selected products or the down payment. Acceptance of the sales proposal, in order to be effective for the purposes of finalizing the purchase, must be completed by the payment of the entire supply or, where permitted, by the payment of the deposit for the amount foreseen for each product, with the right for the professional, pursuant to art. 54 of the Consumer Code, due to the unavailability, even temporary, of the goods or services requested, to terminate the contract without penalty, refunding the customer the sums paid by the latter.

The success of the sales procedure remains conditional on the actual availability of the product coinciding with the receipt of payment. Should the product no longer be available in our warehouses or in those of our suppliers, the purchaser will be promptly informed in order to receive an immediate and full refund of the amount paid by him for the product no longer available, either by transfer to the credit card used for payment or by bank transfer or possibly by the different methods indicated by the customer or, alternatively, if he wishes, an alternative product of his choice from our sample book, making the appropriate compensation for any differences, in accordance with the methods described in the sales procedure.

By placing a purchase order, in the manner specified and indicated in the sales proposals, the Customer declares that he/she has read the conditions of sale, accepting them and recognising them as valid and effective between the parties. Each user completes each purchase procedure insofar as he or she recognises it as legitimate having been fully informed of it through the pages of the site that he or she has consulted and acquired on a durable medium and that he or she has, in advance, fully accepted, together with the general conditions of sale and payment.

If the Customer is a consumer (i.e. a natural person purchasing the goods for purposes not related to his or her professional activity), once the on-line purchase procedure has been completed with the payment of the amounts or, where permitted, the down payment on the purchase, he or she shall print or save an electronic copy and in any case retain these general terms and conditions of sale, in accordance with the provisions of the Consumer Code.

The formulation of an order, even if accompanied by the payment of the full amount of the sale, is not capable of determining any expectation on the part of the customer, whether consumer or professional, as Smart Generation S.r.l., with the acceptance of these contractual conditions, has the right to cancel the order, refunding all amounts to the customer, whether professional or consumer, due to the unavailability, even temporary, of the goods or services requested. Any right of the customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the cancellation, even partial, of an order, is excluded.

The company Smart Generation Srl is entirely relieved from any liability regarding customer-induced blockages of devices. Warranty conditions apply only if the devices are received by Smart Generation Srl in the same software condition with which they were sold. MDM blocks, iCloud blocks, activation blocks or any other type of block caused by the user is the sole responsibility of the user as each product is always sold without any block or sensitive data of the previous owner. 


3. Purchase modalities

The Customer may only purchase the products in Smart Generation S.r.l.'s electronic catalogue at the time of placing the order and viewable online at https://www.smartgeneration.it, as described in the relevant information sheets. It is understood that the picture accompanying the descriptive sheet of a product may not be perfectly representative of its characteristics but may differ in colour, size, accessory products in the picture. All information supporting the purchase (Glossary, Buying Guide, etc.) is intended as mere generic information material that cannot be considered binding on the real characteristics of each product.

The Company may not execute any orders received in the event it finds material errors in the specifications of the data entered for the product, provided that they are recognisable (pursuant to art. 1431 of the Italian Civil Code) and not attributable to Smart Generation S.r.l.'s activity (for example, generated by technical faults or line failures) and undertakes to provide the Consumer, as soon as possible, with the correct information, for the relevant determinations, limited to the cancellation of the order and the entire purchase procedure.

Correct receipt of the order is confirmed by Smart Generation S.r.l. by means of an e-mail reply, sent to the e-mail address communicated by the Customer. Such confirmation message will contain the Date and Time of execution of the order and the Customer Order Number, to be used in any further communication with Smart Generation S.r.l.. The message will contain all the data entered by the Customer who undertakes to check that they are correct and to promptly notify the company of any corrections to be made, as described above.

Smart Generation S.r.l. processes purchase orders for the products offered for sale within the limits of the quantities in stock. Therefore the execution of the purchase order is subject to the availability of the products in stock at the time of receipt of payment. In any case, the Company undertakes to promptly inform the Customer of any unforeseeable stock-outs due to excess demand or other causes, promptly refunding the amount paid by the purchaser for the product that is no longer available, unless the customer prefers to allocate it to the purchase of another product from the catalogue, making the appropriate adjustments.

The procedure for checking stock availability, also involving third parties (e.g. suppliers, transporters, etc.) may have a negative impact on the time taken to process purchase orders, which may be delayed from a minimum of one day to a maximum of 15 days, during which time the selling company will inform the customer of the progress of the procedure.

Purchase orders are processed within the indicative terms indicated in the sales proposals and, in any case, within the terms of the law, without prejudice to the possibility of releasing the parties from their respective obligations due to the unavailability, even temporary, of the goods or services requested. Failure to execute the purchase order within the terms set forth by law shall only entitle the customer to cancel the order and receive a refund of all sums paid for the purchase.


Payment info

We accept payment via: PayPal, bank transfer, credit cards, teacher's card and deferred payments.

Help us to be faster in shipping the products purchased by communicating to us, according to the payment system you have chosen, the data necessary to identify the credit immediately. Smart Generation S.r.l. dispatches orders in a very short time, generally in one/two working days, excluding Saturdays and Sundays from the calculation, starting from the day after the credit check, which occurs in real time if:

For payments by bank transfer:

It is important to include the order number in the reason for payment following the instructions in the order confirmation e-mail.

You can speed up the processing time of your order if you have the kind attention to promptly send us the accounting with the number of cro . You can attach it to your order (PDF or JPG format) from your private area or send it by e-mail to [email protected] indicating the order number.

FAILURE TO CONFIRM PAYMENT IN THE MANNER SPECIFIED ABOVE, FOR REASONS NOT ATTRIBUTABLE TO THE ORGANISATION OF SMART GENERATION S.R.L., MAY LEAD TO DELAYS IN PROCESSING THE ORDER.

If you buy with Scalapay you receive your order immediately and pay in the number of instalments you have chosen. You acknowledge that the instalments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and you authorise such assignment.


Purchase modalities:

Smartgeneration.co.uk is an online sales site for computer products and software.

Purchases of the products, available as illustrated and described online in the relevant descriptive and technical sheets, are made by the Customer at the price indicated therein, to be confirmed at the time the order confirmation is sent, in addition to the transport costs as specified below in art. 6, and in any case displayed at the time of purchase.

Before confirming the purchase, the Customer will be given a summary of the unit cost of each product chosen, the total cost in the event of purchasing more than one product, and the relative transport costs. By confirming the purchase, upon completion of the transaction, the Customer will receive an e-mail message containing the Date and Total Amount of his/her order and the details thereof.

It is important to remember that in the event that you choose 'pick-up on site', you must agree by telephone on a pick-up appointment within 24 hours of placing the order.

By collecting a device on site, the purchaser duly accepts the conditions of sale, and accepts the device in the condition in which it is found.


Order cancellation:

SMART GENERATION S.R.L. reserves the right to cancel an order or an order item if the following circumstances occur:

-articles that are marked as out-of-catalogue by distribution houses;

-articles that cannot be delivered by suppliers due to problems;

-credit card fraud;

-incorrect use of discount coupons. In particular, if for any reason the order undergoes partial cancellations that lead to a decrease in the total amount below the minimum foreseen for the promotion or if the application of the discount voucher leads to a total discount exceeding 20% of the order itself, SMART GENERATION S.R.L. will unilaterally cancel the discount.


Right of withdrawal

You have the right to withdraw from the contract, without stating reasons, within 14 days. The withdrawal period expires after 14 days from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the last good.
 
To exercise the right of withdrawal, you must inform us by pec or post to
 
Smart Generation Srl
Via Malpighi, 26/b - 98122 - Messina (IT)
VAT: IT03354060836
Telephone: +39 0902937812
 
of its decision to withdraw from this contract by means of an express declaration.
 
You may use the standard withdrawal form for this purpose, but it is not obligatory. In order to comply with the withdrawal period, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the end of the withdrawal period.
 

Effects of withdrawal

If you withdraw from this contract, we shall reimburse you for all payments you have made to us, including the costs of delivery (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract.

Such refunds will be made using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any costs as a consequence of such a refund. Refunds may be suspended until we receive the goods back or until you prove that you have returned the goods, whichever is earlier.

You are kindly requested to return the goods or hand them over to us without undue delay and in any event within 14 days from the day on which you informed us of your withdrawal from this contract.

The costs of returning the goods will be borne by you.

You are only liable for the diminution in value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.


Receipt of goods

In order to avoid unnecessary complaints and unpleasant misunderstandings with Smart Generation S.r.l., Mr. and Mrs. Customers are invited, upon receipt of the parcel by the courier, to check:

- The number of packages corresponds to the number indicated on the delivery note;

- The integrity of the packaging, which must not be damaged or otherwise altered;

- The integrity and presence of the sealing tape bearing the name Smart Generation

- Signature with reservation on the courier receipt to be entitled to possible transport insurance in the remote case of damage or tampering by the carrier

We emphasise the importance of checking packages at the time of delivery in order to be able to obtain timely assistance in resolving any problems.

The presence of signs of damage to the parcel must alert the customer, who must promptly notify the courier of the fact by affixing the words: "damaged parcel no. xxx" on the delivery note before signing for receipt. Alternatively, he shall refuse the goods.

Both in the event that it ascertains the presence of damage to the accepted products marked "parcel no. xxx damaged" and in the event of rejection of the parcel because it is damaged, it must inform and Smart Generation S.r.l. via the service on the site www.smartgeneration.it "contacts".

Observance of these simple precautions will enable us to intervene with the courier to solve problems.

We would also point out that anomalies found on the products due to problems attributable to transport must be contested with the courier, even in the case of "withdrawal with reservation" which, to be effective, must be completed with the reasons (e.g. I accept with reservation because the package shows signs of impact/is damaged/ torn......) within a maximum of eight days from receipt, so we recommend that you immediately check the integrity of the product, if necessary even in the presence of the courier) notifying us promptly.

Reports made after the deadline cannot be taken into account.

The customer assumes responsibility for what he declares.

In the event that the customer does not collect within 5 (five) working days the goods ordered and held in storage at the warehouses of the courier and/or the Company Smart Generation S.r.l. due to the repeated impossibility of delivery to the address indicated by the customer at the time of the order, the order shall be cancelled and the custody costs shall be charged.

"The European Commission provides an online platform for dispute resolution, available at the following link: https://ec.europa.eu/consumers/odr/"


Shipping and Delivery Times

DHL Economy (Italy)
Free of charge for orders over 800€, with delivery in 3-4 working days.


DHL Standard (Italy)
Fixed cost of 7.99€, with delivery in 3 working days.


DHL Express (Italy)
Air shipping for €16.99, with delivery in 2 working days.


DHL Marking (Italy)
Cost of 20.00€, with cash balance on delivery and insurance included.


DHL Economy (Europe & non-EU)
Cost €20.99, delivery in 3-5 working days.


DHL Express Worldwide (Europe & non-EU)
Cost €30.99, delivery in 2-3 working days, insurance included.


Pre-Order Products
Some products in our catalogue are available in 'pre-order'. These devices are distinguishable from ready-for-delivery devices as they are located within a special section on our website. The shipping service at checkout will indicate that delivery for these products is within 15 working days. In the event that delivery is not possible within a total of 30 working days, the company will refund the customer for the full amount spent on their purchase.

 

DHL EXPRESS NETWORK TERMS AND CONDITIONS OF CARRIAGE AND CUSTOMS OPERATIONS ("T&C")

These T&Cs are applied to services provided by Express Carrier DHL Express in respect of delivery of Express Shipments for personal use.

  1. Terms used herein:

Express Carrier: DHL Express is represented within the Russian Federation by two entities, DHL International AO and DHL Express OOO. DHL Express as well as third parties work together to deliver Express Shipments internationally and perform customs operations in respect of Express Shipments.

Customs Broker means DHL Express OOO performing customs operations in the name and on behalf of the customs applicant and other interested parties in accordance with the customs laws of the Customs Union.

Express Shipment means goods shipped in express mode by any means of transportation using electronic shipment organisation and tracking system on www.dhl.com website to deliver those goods to the Consignee pursuant to an individual waybill within the shortest possible and/or fixed period of time.

Shipper means a legal entity, normally an online store, that handed Express Shipments over to the Express Carrier for delivery.

Consignee means an individual consignee of Express Shipment specified in the DHL Express waybill.

  1. T&C Subject Matter

2.1. These T&Cs are a public offer and form a consensual type Delivery and Customs Operations Agreement in respect of Express Shipments by and between the Shipper/Consignee, the Express Carrier and the Customs Broker ("Agreement").

2.2. Consignee of Express Shipments accepts the provisions of this Agreement for themselves and for other directly or indirectly interested parties, including the Shipper, by pressing a button, ticking a box or putting any other sign in the box "I accept terms and conditions of the Public Offer," as well as/or by any other means of actual confirmation of their consent when ordering goods at the Shipper's website.

2.3. Under the applicable legislation in Russian Federation Express Carrier and Customs Broker shall have the right to demand from Consignee documents and information necessary for international delivery of Express Shipments and customs operations in respect of Express Shipment, including those containing information comprising commercial, bank and other secrets protected by law, or other confidential information, and obtain such documents and information within the time limits ensuring observance of the requirements specified in the applicable legislation.

Express Carrier and Customs Broker hereby acknowledge and confirm that the obtained information comprising state, commercial, bank and other secrets protected by the law or other confidential information must not be disclosed or used by Express Carrier and Customs Broker and their employees for their own purposes, handed over to other persons, except for the cases envisaged in the applicable legislation in Russian Federation other cases when disclosure of the information is required for international delivery of Express Shipments and customs operations in respect of Express Shipment.

  1. DHL Express Network Terms and Conditions of Carriage.

3.1. The Shipper and the Consignee acknowledge that normal DHL Express Delivery Terms and Conditions apply to carriage of goods via DHL Express network; the key provisions thereof that are essential for the Consignee are listed below:

Deliveries and Undeliverables

Shipments cannot be delivered to PO Boxes or postal codes. Shipments are delivered to the Receiver's address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area.

DHL may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a DHL Service Point. Shipper may exclude certain delivery options on request.

If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, DHL shall use reasonable efforts to return the Shipment to Shipper at Shipper's cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale being returned to Shipper. DHL shall have the right to destroy any Shipment which any law prevents DHL from returning to Shipper as well as any Shipment of Dangerous Goods.

Inspection

DHL has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.

DHL's Liability

DHL's liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Montreal Convention or the Warsaw Convention, as applicable, or in absence of such Convention, to the lower of (i) the current market or declared value, or (ii) 19 Special Drawing Rights per kilogram (approximately $US 26.00 per kilogram). Such limits shall also apply to other forms of transportation, except where Shipments are carried only by road, when the limits below apply.

For cross border Shipments transported by road, DHL's liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of (i) current market value or declared value, or (ii) 8.33 Special Drawing Rights per kilogram (approximately $US 14.00 per kilogram). Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law.

If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 or make its own insurance arrangements.

DHL's liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to DHL's attention.

DHL will make every reasonable effort to deliver the Shipment according to DHL's regular delivery schedules, but these schedules are not binding and do not form part of the contract. DHL is not liable for any damages or loss caused by delay, but for certain Shipments, Shipper may be able to claim limited delay compensation under the Money Back Guarantee terms and conditions, which are available on the DHL website at www.dhl.com or from Customer service.

Claims

All claims must be submitted in writing to DHL within thirty (30) days from the date that DHL accepted the Shipment, failing which DHL shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which shall be full and final settlement for all loss or damage in connection therewith.

Circumstances Beyond DHL's Control

DHL is not liable for any loss or damage arising out of circumstances beyond DHL's control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to DHL; any act or omission by a person not employed or contracted by DHL - e.g. Shipper, Receiver, third party, customs or other government official; "Force Majeure" - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, civil commotion, or industrial action.

Routing

Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

3.2 Full text of the текст DHL Express Network Terms and Conditions of Carriage is available on www.dhl.com website.

  1. Customs Operations Terms & Conditions

4.1. Customs Broker:

4.1.1 may perform customs declarations of Express Shipments;

4.1.2. shall inform the Consignee of the date of the goods arrival to the temporary storage facility (TSF) by fax or email;

4.1.3. shall perform other actions stipulated in the customs laws of the Customs Union and the Russian Federation as necessary to perform the customs operations as a person authorised by the Consignee to act in respect of the declared Express Shipments.

4.2. The Consignee shall provide comprehensive and accurate details and documents to perform declaration of the Express Shipments as stipulated in the customs laws of the Customs Union and the Russian Federation and provide additional documents at the Customs Broker's request.

All the documents required to declare the goods should be provided within ten (10) calendar days from the moment the goods arrive to the TSF.

4.3.The Consignee would take of formalities related to the frequency of receiving shipments at his own risk and cost

The Shipper and the Consignee guarantee that they have legal authority or other legal grounds for the Customs Broker to perform legally relevant actions on their behalf and shall be fully liable for providing comprehensive and accurate information in respect of the Express Shipments.

  1. Liability of the Parties

5.1. The Consignee shall be liable for penal sanctions imposed on the Customs Broker as a result of the latter's breach of customs regulations due to the Consignee's failure to provide comprehensive and/or accurate information and documents, including inconsistencies in transported goods to their accompanying documents in terms of their name, quantity, other characteristics affecting due declaration, as well as the Consignee being late in providing those documents and information; and in that case the Consignee shall reimburse the Customs Broker all the amounts of such sanctions against a separate invoice.

5.2. The Customs Broker shall not be liable for lost profits or other consequential and contingent damages of the Consignee even if such damages are foreseeable or have been made known to the Customs Broker or the Customs Broker could or should have known about them.

5.3. The Parties shall be released from liability for full or partial non-performance of their respective obligations hereunder if it became a result of Force Majeure circumstances and those circumstances directly affected performance of this Agreement.

  1. Service Fees and Payment for Customs Operations:

6.1. Service fees are determined based on the Customs Broker's rates as of the invoice date, including amounts of customs and other fees paid by the Customs Broker while providing services hereunder.

6.2. The Consignee must pay for the Customs Broker's services.

6.3. The Customs Broker reserves the right to withhold any goods of the Consignee at the latter's expense until the Customer Broker's services provided to the Consignee hereunder are paid in full.

  1. General Provisions

7.1. Should the T&C and/or Agreement text change, the Parties agree to apply the T&C effective as of the date of consent specified in Clause 2.2.

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