By reading the TERMS AND CONDITIONS OF USE, the site helps us avoid misunderstandings and confusion. We advise you to keep this in mind when you want to place an order.
Accessing, visiting, using or purchasing the products and services presented on this site implies agreeing of these terms and conditions.
Smart Baby reserves the right to make changes to these terms and conditions, as well as to the structure of the site, without prior notice and no further explanations.
Extension of seller obligations
a. The Seller will use its professional and technical knowledge to achieve the result stipulated in the Order and deliver the Goods that meet the Buyer's requirements, needs and specifications;
b. The information presented on the Seller's website is for informational purposes and may be modified by the Seller without prior notice. Also, for reasons of space and consistency of the information structure, product descriptions may be incomplete, but the Seller makes efforts to present the most relevant information of the product to be used in the parameters for which it was purchased.
c. The seller offers a 24-month warranty on the entire range of products, except for textile items where warranty is 30 days.
Warranty Loss Conditions:
- failure to present the original invoice/tax receipt accompanied by the warranty certificate
- failure of the buyer to comply with the transport conditions, use, maintenance, installation specified in the instruction manual
- interventions performed during the warranty period by unauthorized personal
- presentation of dirty or incomplete product
Warranty does not apply to consumables (wheels, tapestries, other plastic components), malfunctions or damage due to accidents, improper use, negligent use, overuse, normal wear and tear.
Not a complaint:
- scratches: they are normal from day to day and are not a complaint
- wheel wear
- long exposure to sun, perspiration, wiping and washing, which causes discoloration of materials
Intellectual and industrial proprety rights (DPI)
Buyer understands the intellectual property right and will not disclose to any third party or make public (via the Internet or the media) any of the information received from the Seller.
Also, site names and graphics are trademarks registered of DHSBaby and cannot be downloaded, copied, or used by others.
Confidentiality - publicity
No public statement, promotion, press release, or other disclosure to third parties will be made by the Buyer in respect of the order without the prior written consent of the Seller.
Risks and responsabilities
The images on the site are for illustration purposes only and may differ in terms of color, appearance, etc., but in such situations the customer will be notified before shipping the order and will only be sent with his acceptance if the product shows changes from the one viewed on the site. The features and availability of the products presented on this site are subject to change without prior notice.
Orders that are not confirmed by phone or e-mail will be canceled.
Seller reserves the right to make special promotions and offers for the delivery of ordered products. The buyer will be notified of these promotions and offers through the "News" section of the site, Facebook or over the phone when he is called by a Smart Baby representative to confirm the order.
Subject and Validity
The Seller sells Goods and materials (hereinafter referred to as the “Goods”) to the Buyer, according to INCOTERMS-2010- the chosen Incoterms rule is FCA (Free Carrier At) - Seller's headquarters in Deva, Santuhalm Street, No. 35A, Hunedoara County. The sell is made according to conditions set forth in this agreement, the buyer being obliged to accept and pay the ordered goods. The present Contract comes in force on the signing date of by both Parties and remains valid as stipulated in each individual contract, if none of the parties cancels it prior to this date.
The currency of the Contract shall be EURO.
The prices of the Goods should be agreed between the Seller and the Buyer, indicated in the Specification and should not be the subject of changes.
The prices are referred to as EXW (EX-Works) warehouse of the Seller.
The seller has the right to modify the price offer provided the BUYER will be notified about the changes with 5 days before in effect.
Terms of Payment
The payment term for the Goods under the brand of the SELLER shall be advance payment before delivery.
The payment method will be bank transfer.
The Terms of Delivery
Delivery of goods is done on the Buyer expense. The delivery terms indicated in the offer are merely for the Buyer’s reference and are not binding for the Seller. Seller will not be liable for failure to observe these terms. The delivery term shall not begin to run prior to the written confirmation of the order.
Packing, marking of Goods shall be exercised by means and at the expense of the Seller.
The date of delivery is considered to be as the date of shipment of Goods to the Buyer’s warehouse.
Transport company who delivers the Goods will be chosen by the Buyer.
In case of customs procedures, customs clearance shall be executed by means and at the expense of the Buyer.
Packing and Marking
The Seller delivers the Goods in the packing, which shall protect the Goods from any damage and corrosion.
The Goods should be packed so that they should not move inside the truck if its position changes.
Marking and packing charges are carried out at the expense of the Seller, if not settled otherwise between parties.
Notification of Shipment
The Seller no later than 24 hours before the shipment of the Goods shall inform the Buyer by fax or
e-mail of the following: the name and the quantity of the Goods, the value of the goods and the estimated time of arrival of the goods.
The Buyer informs the Seller on his requirements to the shipping documentation.
Terms of Transfer (Acceptance) of Goods
The Goods are to be accepted at the destination indicated by the Buyer, stipulated in the addendum of
the present contract.
The Goods are considered to be delivered by the Seller and accepted by the Buyer: by quantity –
according to the number of packages and by specifications mentioned in shipping documents.
The Goods shall be accepted according to the shipment documentation.
Guarantees, Sanctions, Claims and Liability
The Seller guarantees:
That the Goods shipped are made of materials and by technologies according to the operating
standards on the territory of the Goods production country.
That completeness of units of the Goods and supplementary documentation ensure the proper
maintenance of the Goods.
The free of charge guarantee for each type of the Goods shall be provided by the manufacturer according to its peculiarities on each consignment.
The set of Goods is considered to be delivered in full, if the Buyer does not submit a written claim for shortage/quality within 7 calendar days after acceptance of goods.
Title of the Goods
Title of the Goods passes from the Seller to the Buyer upon the acceptance of the Goods and according to provisions of INCOTERMS-2000 taking into account the terms and conditions of the Comercial Contract.
All disputes which may arise out of the present Contract or in connection with it, shall be settled by the Parties by means of negotiations.
Any dispute arising out of the present Contract or in connection with it is shall be referred for consideration and final settlement to the International Commercial arbitration Committee at the Romanian Chamber of Commerce and Industry (Deva, Romania).
The disputes will be solved according to Romanian law.
The Parties agree that as to the consideration and settlement of the dispute the Rules of the International Commercial arbitration Court at the Romanian Chamber of Commerce and Industry shall apply.
The Arbitration Committee shall be composed of a sole arbitrator.
Place of the Arbitration Committee meeting shall be in Deva, Romania. Language of the Arbitration Committee proceedings shall be Romanian and English. The Arbitration Decision is definitive and irrevocable, the 2 parties are obliged to accept and execute.
The Parties are relieved of responsibility to fulfil their obligations under the force majeure circumstances (the forces that cannot be overcome and do not depend on either Party).
When such circumstances occur to either Party, it shall inform the other Party on them within 5 days since their arising.
The document issued by the Chamber of Commerce of either Party's country should be a legible confirmation of force-majeure circumstances or by other thereto authorized body of the respective Party.
The Buyer has the right to abrogate the Comercial Contract if force majeure circumstances exceed 1 month.
Transfer of risks
The Buyer shall bear risks of damage or loss of the Goods since the moment of their actual acceptation at the warehouse.
All of the above-mentioned Supplements are an integral part of the Comercial Contract.
Neither Party should be entitled to transfer its rights and obligations under this Contract to any third party without the written consent of the other Party. The right to demand the proper fulfilment thereof may be transferred by one of the Parties in unilateral way without written consent of the other Party.
All alterations and addenda to the Comercial Contract are valid only if made in written and signed by both Parties.
When signing and executing the Comercial Contract the Parties agreed to use facsimile or Internet communications followed with mutual exchange of original documents.
The documents to be signed by means of facsimile shall have legal effect before the following sending of their originals.