TERMS AND CONDITIONS

for SALE AND USE 
FROM WWW. SMART-NICHE.COM 
updated 2021-05-05

PREAMBLE 

Smart Niche is a US company specializing in distance selling through its website www.smart-niche.com , sport equipment, high tech products and outdoor activities. 

On the Site are offered for sale products sold by Smart Niche (“Smart niche family brands Products”) and products sold by third parties (“Third Party Products”). 

In order to sell on the Site, these third parties (hereinafter the “Third Vendors”) have entered into a contract with Smart niche subjecting them to various obligations in order to guarantee and secure the service. Third-party sellers have their own sales conditions, which can be consulted from the Site on the Third-Party Vendor’s sheet. 

Purchases of Third-Party Products are made directly between the Customer and the Third-Party Seller. Smart niche is in no way reseller of the Third-Party Products sold on the Site, and over which Smart niche has no control. Third Party Products may not be taken back or exchanged by Smart niche itself, but may only be returned by the Third-Party Seller. 

ARTICLE 1 – SCOPE 

The present general conditions of sale (hereinafter the “GTC”) apply, without restriction or reserve, to all products offered for sale on the Site, whether it be Smart niche Products. or Third Party Products. 

However, for Third Party Products, when the general sales conditions of the Third Party Seller are more favorable, the consumer may invoke them against the Third Party Seller. 

Consequently, the fact for a natural or legal person (hereinafter the “Customer”) to order on the Site implies full and complete acceptance of the GTC. 

The Terms and Conditions will remain in effect until a new version is posted. That is why, before any order validation, the Customer must consult and validate the GTC. 

Smart niche reserves the right to adapt or modify the GTC at any time. In case of modification, it will be applied to each order the current GTC at the registration of the order. 

ARTICLE 2 – CUSTOMER ACCOUNT 

The opening of a customer account and the use of the Site are free (excluding possible costs of the connection, the price of which depends on the electronic communication operator), without obligation of purchase. Only the purchase of products gives rise to a payment from the Customer. 

Access to the Site by the Customers is reserved for strictly personal use. When using the Site, the Customer declares to act privately. 

In addition to the acceptance of the GTC, the purchase on the Site is subject to the opening of a customer account. The Customer must provide the data for its identification. When opening this account and on the occasion of each order, the Customer undertakes to provide only accurate, complete information, which corresponds to his identity. The Customer must keep this information up-to-date and will be solely responsible for any error in the order or delivery due to incorrect information. 

To buy on the Site, the Customer must use the username and password created when opening his account. The Customer undertakes to keep them secret and not to disclose them to any third party. The Customer will be solely responsible for access to his account with his username and password, unless evidence of fraudulent use that would not be attributable to him. 

In the event of loss, misappropriation or fraudulent use of his username and / or password, the Customer agrees to immediately notify Smart niche customer service via the following contact form: www.smart-niche.com

ARTICLE 3 – INTELLECTUAL PROPERTY 

The Site, its content and all elements that constitute it, are creations for which smart niche and / or, if applicable, its partners as well as the Third Vendors, are holders of the full intellectual property rights and / or rights of exploitation, in particular under copyright, database law, trademark law, and design law. 

The Site, as well as software, databases, texts, information, analyzes, images, photographs, graphics, logos, sounds, or any other data present on the Site, remain the exclusive property of Smart niche or, the where applicable, from their respective owners with whom smart niche has entered into usage agreements. 

The Customer has the right to consult on line the data and information present on the Site, and may, for a strictly private use, print them or save them for a purchase or a purchase project. 

Any other use of the Site, particularly commercial, on the part of the Customer, is prohibited. The Customer is forbidden to reproduce and / or represent for a use other than private, to sell, distribute, broadcast, translate, adapt, broadcast and communicate in any form whatsoever, any element, information, or data of the Site. 

In addition, the Customer is prohibited from introducing, by any means whatsoever, data likely to modify or impair the content or presentation of the Site. Any hypertext link to the Site must first be expressly authorized by smart niche. In addition, any hypertext link even authorized expressly by smart niche must be removed at first request from smart niche. 

ARTICLE 4 – PRICES 

For deliveries of Smart niche products made in the territories of the United States, the rates indicated on the Site are expressed by default in US Dollars and All Taxes included. 

For deliveries of third-party products registered in the territories of the United States and sent to the territories of the United States, the rates indicated on the Site are expressed by default in US dollars and All Taxes included. 

For deliveries outside the territories of the United States Union or third-party products registered outside, tariffs are proposed in either in US dollars and in Euros and excluding any taxes. The Customer agrees to pay, if necessary, all taxes that may be requested by the country of delivery, including value-added tax and any customs duties. These rights may be requested by the carrier. Smart niche cannot be held responsible in the event that the Customer has not paid these taxes and fees. 

These rates are broken down as follows. 

  • Product prices: these prices can be modified at any time by Smart niche and the Third Vendors. However, in case of modification, the selling price applied will be that in force at the time of the registration of the order. The prices indicated on the Site do not include delivery charges, unless otherwise stated.
  • Coupons: vouchers, discounts, promotional codes, fidelity checks issued by Smart niche are not cumulative and can be used for Smart niche products. They are not usable for Third Party Products. 
  • Delivery costs: Delivery costs depend on the products and the delivery method chosen by the Customer among the delivery methods offered by Smart niche and the Third-Party Vendors. For each order, delivery charges are distinguished between Smart niche products and each third-party seller. These fees are indicated when the Customer selects the delivery methods and are available at any time in the “Deliveries” section of the Site and in the specific sales conditions of third-party sellers. 

The amount (price of products and delivery costs) indicated in the confirmation of the order by Smart niche or third-party sellers is the total price to be paid by the Customer. 

ARTICLE 5 – ORDERS 

Any order validated by the Customer constitutes an irrevocable acceptance of the sales contract which can only be challenged within the limits provided for in the T & Cs and the General Terms and Conditions of Sale of the Third-Party Sellers. 

The two-step ordering procedure (double-click) associated with the authentication procedure and the protection of message integrity constitutes the validation of the sales contract. 

Smart niche will acknowledge receipt of the order to the Customer by sending an order confirmation email. 

The Customer will be able to consult the information relating to the order in the “my orders” section of the customer area. 

Smart niche reserves the right to cancel any order from a customer with whom there is a dispute. 

The information provided by the Customer when placing the order is binding on the latter: in the event of an error in this information, and in particular the email address and contact details of the recipient, Smart niche cannot be held responsible for the impossibility of deliver the product. Any delivery made to the address indicated by the Customer will be considered perfect. 

In the case of a reshipment due to a lack of information and / or error on the part of the Customer, the costs incurred by this reshipment will be billed to the Customer. 

For Third Party Products, each relevant Third-Party Seller is informed by Smart niche of Third-Party Seller Product Orders and has 48 business hours to confirm product availability. If the Third-Party Seller does not reply to the availability of the products within 48 working hours after notification by Smart niche of the order, the order is automatically canceled and the Customer’s account is not debited. 

The Third Vendors is solely responsible in case of unavailability of third-party products. Smart niche does not guarantee the accuracy of the information mentioned on the Site by third-party sellers and its responsibility cannot be sought in this respect. 

In case of unavailability of a smart niche or Third-Party Seller, the Customer will be informed by email and the order of this specific product will be automatically canceled. The rest of the order remains firm and final. If the payment of this product has already been debited from the Customer’s account, it will be reimbursed. Otherwise, the price of the unavailable product will not be charged. 

ARTICLE 6 – PAYMENT OF PRICE 

6.1 – Terms of payment 

Payment is made online by the Customer when ordering. 

For all products, payment can be made:

  • by credit card online (VISA, Mastercard, American Express), 

For Smart niche products only, it can also be done:

  • by credit card by phone, by bank transfer, 

For each order, the payment will be cashed separately:

  • for Smart niche: at order confirmation, price of Smart niche products ordered and Smart niche delivery costs 
  • for each third seller: at the shipping confirmation, the price of the third-party sellers shipped and the delivery costs of that third-party seller 

The order validated by the Customer will only be considered effective when the payment reaches Smart niche. 

The payment of third-party products is processed and cashed into an escrow account in order to guarantee its security, and is only paid to said third-party sellers once the transaction has been definitively validated. 

In the event that Smart niche’ liability is sought for damages related to an error in the debited sums, Smart niche may waive all or part of its liability by providing proof that the error is attributable to the consumer, to an unforeseeable and insurmountable event of a third party, or to a case of force majeure. 

6.2 – Securing Payments 

Payments made on the Site are fully secure. The bank details (credit card number and expiry date) communicated by the Customer are never transmitted to third-party sellers. 

Thanks to the technical characteristics of the encryption software used on the Site, the Customers bank details cannot be intercepted by third parties. By providing your bank details, the Customer agrees in advance and without condition that Smart niche proceeds to the secure transaction. The Customer therefore authorizes in advance his bank to debit his account in view of statements transmitted by Smart niche, even in the absence of invoices signed by the hand of the cardholder. Customer’s account debit authorization is always given for the number of products purchased as invoiced by Smart niche. 

6.3 – Fraud Checks 

Smart niche controls certain orders, and may have to ask the Customer for all the parts needed to release the order. 

ARTICLE 7 – DELIVERY 

Article 7.1: Delivery time and terms 

After confirmation of the order, the Products ordered will be delivered by the carrier chosen by the Customer, subject to their availability, and unless otherwise indicated to the customer when placing an order, within a maximum of: 

  • for Smart niche products: twenty-four (24) business hours 
  • for third-party products: ninety-six (96) hours worked 

The Customer is informed by e-mail of each delivery of the products to the carrier. For Smart niche products, the tracking of the current delivery is available on the Customer account. 

For reasons of product availability and the multiplicity of third-party sellers, an order can be delivered one or more times to the Customer. 

If the Customer specifically wants more than one delivery point, he must place several orders, the respective delivery costs for each order being invoiced. 

For deliveries in the territories of the United States Union, the carrier undertakes to deliver the order to the address that the Customer has provided, within a time limit of twenty-four (24) to seventy-two (72) working hours by (Monday to Saturday), twenty-four (24) hours worked by (Monday to Saturday), seventy-two (72) to one hundred. Any delivery is made between eight (8) hours and eighteen (18) hours to the address indicated by the Customer. In case of absence, the Customer is normally notified by mailbox, email or SMS, depending on the selected carrier. 

In the event of late delivery beyond the deadline provided upon conclusion of the contract, the Customer must contact the Smart niche Customer Service (for Smart niche products) or the Third-Party Vendor (for Third Party Products), from his account, or by mail, or by letter, to request that the delivery be made within a reasonable additional time. 

If the delivery is still not made after this additional period, the Customer may request the cancellation of his order to Smart niche Customer Service (for Smart niche products) or the Third Party Vendor (for Third Party Products) , from his account, or by mail, or by letter. The order will be considered canceled upon receipt of this request. In this case the Customer will be refunded the total amount paid within 14 days. 

Smart niche is responsible for delivery and delivery times only for Smart niche products. 

Third-party sellers are solely responsible for deliveries and delivery times for third-party products. 

Article 7.2: Reception 

Upon delivery, the customer is required to sign the delivery note. This delivery note is proof of receipt of the order. The delivery is made on the doorstep of shops for street shops or the ground floor for buildings, offices, houses (pavilions) or other establishments. 

It is up to the person receiving the order to indicate on the delivery note, in a detailed, precise and detailed manner, all the reservations that seem relevant to him. 

In case of apparent defects, the Customer has the right of return under the conditions provided below. 

In the event of an anomaly, the Customer must inform Smart niche Customer Service (for Smart niche products) or the Third-Party Vendor (for Third Party Products) as soon as possible by any means. The Customer retains his right to request the application of legal warranties. 

Article 7.3: Returns and Exchanges for Non-Compliance or Defective Products 

The Customer benefits from the legal guarantees of conformity and the latent defects, and this in accordance with the legal provisions in force as referred to in the article Responsibilities – Guarantees. 

In the event that the Customer refuses a delivery for error in the contents of the delivery, for non-conformity or defect of the ordered products, it will have to immediately contact the Smart niche Customer Service (for Smart niche products) or the Third-Party Seller (for Third Party Vendor products) in the “Product Return” section of the Site, to determine the applicable return procedure, the recipient of the return (Smart niche or the Third-Party Seller), and the return address. 

All items must be returned with their accessories and notices, and, where possible, in their original packaging. 

The legal guarantee of conformity applies regardless of the commercial guarantee that may be underwritten. 

The consumer can decide to implement the warranty against hidden defects of the thing sold. 

ARTICLE 8 – TRANSFER OF OWNERSHIP – TRANSFER OF RISKS 

The transfer of ownership of the products, for the benefit of the Customer, will be realized at the time of delivery of the said products. 

ARTICLE 9 – RIGHT TO WITHDRAW 

9.1 In accordance with the Consumer Code, the Customer has a period of fourteen days from the date of receipt of the order to exercise his right of withdrawal, without having to justify its decision or other costs. 

9.2 The exercise of the right of withdrawal must be done: 

  • from Smart niche for Smart niche products 
  • from the relevant Third-Party Seller for third-party products 

To ensure proper handling of your request, the Customer is advised to keep Smart niche or the Third-Party Vendor informed in good time and follow the detailed return procedure in the “Product Return” section of the Website. 

9.3 The product must be returned by post, preferably with delivery against signature, to the address indicated: 

  • in the withdrawal from attached to the GTC for Smart niche products 
  • in the sales conditions of the Third-Party Seller for third-party products. 

It must send them to this address within fourteen (14) days of sending the withdrawal. Return shipping costs will be the sole responsibility of the Customer. Smart niche and the Third Vendors are not responsible for lost returns. 

9.4 The product must arrive in perfect condition for resale, without any trace of use, with its accessories, manuals and original packaging. The conformity of this return will be checked and validated upon receipt. 

9.5 Smart niche (for Smart niche products) or the relevant Third-Party Seller (for third-party products) will refund the sums paid by the Customer, free of charge, with the exception of the return costs. 

In case of return of all Smart niche products or all third-party products from the same Third-Party Seller, the amount of the refund will include the price of the products concerned and the delivery costs (one way) of Smart niche or the relevant Third-Party Seller. 

In the event of partial return of an order, the amount of the refund will include only the price of the products concerned, without the expenses of delivery (go). 

The refund is due within a maximum of fourteen (14) days. However, the refund may be deferred until the recovery of the good by Smart niche or the third-party concerned, or upon receipt of the proof of shipment of the return of the product. 

9.6 In case of exercise by the Customer of his right of withdrawal, when the price of the order, object of the withdrawal, is entirely or partially covered by a credit granted to the Customer, the credit agreement is terminated, without penalty. 

ARTICLE 10 – RESPONSIBILITY – GUARANTEE 

10.1 Smart niche and the Third Vendors assume, with respect to the Customer, the responsibility for the products they sell, in accordance with the regulations in force. 

10.2 Smart niche’ liability cannot be blamed for minor variations that may have persisted despite all the precautions taken in representing the products. 

10.3 In case of hidden defects, the seller is bound by the warranty for defects that make the product unsuitable for the intended use, or that reduce such use so much that the Customer has not acquired it or would have given a lower price if he had known them. In this case, the Customer has the choice to return the product and get the price back, or keep the product and get a part of the price.

10.4 Smart niche cannot be held responsible for non-compliance with the regulatory and legal provisions in force. The Customer is solely responsible for the choice of products, their conservation and their use. 

10.5 Unless the producer is not identifiable, Smart niche cannot be held liable for damages of any kind, whether tangible or intangible, which could result from a malfunction or misuse of the products marketed. The same is true for any changes in the products resulting from the manufacturers. 

10.6 In addition to the legal guarantee of conformity and the legal guarantee of hidden defects, some products benefit from an additional commercial guarantee offered by the Third-Party Seller and / or the manufacturer. The conditions of these commercial guarantees are accessible from the Site and the product sheet concerned. 

This commercial warranty generally does not support equipment used in the competition or rental, wear damage, misuse, absence or lack of maintenance, or any modification on the product after delivery. 

This commercial guarantee also does not support: 

  • the replacement of products known as consumables, 
  • non-compliant, irregular and abnormal use of products, 
  • the defects or specificities of a product mentioned in the article sheets, 
  • the defects and their consequences related to the improper use of the product for the intended use. 

As part of this specific commercial warranty, all returns of defective parts are usually at the Customer’s expense. Any incomplete or partial return cannot be taken as a guarantee. Any traces of modifications or disassembly will void the warranty. 

10.7 For any question about product warranties, the Customer has the possibility, before placing an order, to put a question to Customer Service via the contact section of the Site. 

ARTICLE 11 – CONFIDENTIALITY – PROTECTION OF PERSONAL DATA 

These Terms are subject to the provisions on the protection of individuals with regard to the processing of personal data and the free movement of such data. Any changes we make to this Privacy Statement in the future will be posted on this page and, where appropriate, notified to you by e-mail. The updated Privacy Statement will take effect as soon as it has been updated or otherwise communicated to you.

The personal information and personal data concerning the Customer are necessary for the management of his orders and the commercial relations between Smart niche and this one. These data are for example: Name, Address, Phone Number, Email Address, Bank Card Information, IP Address. In the absence of such information, Smart niche will not be able to provide its service. This information can be passed on to companies that contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment.

This information and data is kept for security purposes in order to comply with legal and regulatory requirements. It may be used by Smart niche to provide the Customer with promotional offers, for statistical and anti-fraud purposes, for the legitimate interest of commercial development, technical improvement of its systems and the knowledge of its customers and, finally, where appropriate with the consent of the Customer, customization of services, including through advertisements. Depending on the choices made during the creation or consultation of his account, the Customer will be likely to receive offers Smart niche company. 

The Customer can unsubscribe from Smart niche newsletters at any time either by clicking on the link in all e-mails or by visiting this address https://www.smart-niche.com. The Customer also has the opportunity to register on the list of opposition to canvassing phone.

The Customer has a right of access, modification, opposition, portability, limitation and deletion of information concerning him, as well as to define directives concerning the fate of his personal data in case of death, which he will send by simple mail to smart niche, and justifying his identity: 

Smart niche – Customer Service 
USA 

Or by email at the following address: contact@smart-niche.com  

Finally, the Customer has the right to lodge a complaint with a supervisory authority. 

ARTICLE 12 – COORDINATES OF THE COMPANY 

SMART NICHE LLC 
7 Avenida Vista Grande Ste B7 # 1364 
Santa Fe , 87508  – New Mexico

USA 

ARTICLE 13 – DISPUTES AND APPLICABLE LAW – CLAIMS PROCESSING – MEDIATION 

All purchase transactions made via the Site are subject to US law. 

Any complaint can be made via the contact forms available in the ‘contact’ tab, and it will be answered to the Customer as soon as possible. 

In the event of difficulties in the application of the GSC, the Customer has the possibility, before any mediation and any legal action, to seek an amicable solution notably with the help of a professional.

It is recalled that, as a general rule, and subject to the discretion of the Courts, compliance with the provisions of the Terms and Conditions relating to the contractual guarantee assumes that the Customer is honoring its financial commitments to Smart niche. 

Any dispute that cannot be resolved amicably, will fall within the courts of the place where the Customer remained at the time of the conclusion of the contract or that of the occurrence of the harmful event.