General Terms & Conditions
These General Terms & Conditions apply to the use of SmartRetur’s websites and describe the general conditions for purchasing goods and services from SmartRetur.
Orders placed through the SmartRetur customer portal are additionally governed by SmartRetur’s Agreement Terms & Conditions, which are available to customers after login in the customer portal. In the event of any inconsistency between these General Terms & Conditions and the Agreement Terms & Conditions, the Agreement Terms & Conditions shall prevail for orders placed through the customer portal. These General Terms & Conditions apply to SmartRetur AS as the parent company, and to all its subsidiaries and affiliated companies (together referred to as the “SmartRetur Group”), regardless of the country in which the relevant SmartRetur entity operates.
The Terms describe the most important rights and obligations between the Customer and the SmartRetur Group. The Terms are supplemented by applicable mandatory law. Where these Terms deviate from non-mandatory legislation, the Terms shall prevail.
By placing an order with any company within the SmartRetur Group, the Customer accepts these General Terms & Conditions.
1. Parties and agreement formation
An agreement (the “Agreement”) is formed between:
SmartRetur: the relevant SmartRetur Group company fulfilling the order, with SmartRetur AS acting as the parent company of the group; and
Customer: the legal entity placing the order via the SmartRetur website or customer portal.
The Agreement consists of:
the Customer’s order details (including products and/or services, quantities and delivery details),
information provided on the SmartRetur website and/or customer portal (including product or service descriptions, pricing and delivery terms),
and any agreed appendices, including (where applicable) SmartRetur’s Code of Conduct and a Data Processing Agreement (DPA).
The Agreement becomes binding when the order is confirmed by SmartRetur.
2. Ordering process and delivery
Ordering
Orders are placed through the SmartRetur customer portal or other SmartRetur ordering solutions made available by the SmartRetur Group.
Order confirmation
Orders are normally confirmed within 24 hours. Order status is available in the customer portal and may also be confirmed by email.
Standard lead time
Unless otherwise agreed, standard delivery or collection lead time is two (2) working days for orders registered before 12:00. Express delivery may be available for an additional fee.
Changes and delays
Delivery times may be extended if delays are caused by the Customer, the Customer’s arrangements, or circumstances beyond SmartRetur’s reasonable control, including supplier or manufacturer delays.
If a delay is expected, SmartRetur will inform the Customer as soon as reasonably possible and provide an updated estimated delivery time.
Transport
SmartRetur may provide transport solutions unless the Customer chooses to arrange transport independently. If no specific agreement applies, SmartRetur’s standard transport solutions and rates apply.
New goods sourced from manufacturers
For new products sourced from manufacturers, SmartRetur reserves the right to re-confirm pricing and lead times in accordance with the manufacturer’s applicable terms. The Customer must approve any such changes before the final order is processed.
Relevant documentation is made available through SmartRetur’s online customer solution.
3. Prices and payment
Prices
Prices for goods and services are based on the applicable spot or standard prices stated on the SmartRetur website or customer portal at the time of delivery, unless otherwise agreed in writing.
Inclusions and exclusions
Unless otherwise agreed:
prices are exclusive of transport costs, VAT and other applicable fees or charges,
delivery prices normally apply to goods delivered to or from a SmartRetur warehouse,
additional handling (including pallets or loading beyond standard unloading) may be charged separately.
SmartRetur reserves the right to correct obvious errors, including misprints, and to update prices, products and suppliers without prior notice.
Payment terms
Unless otherwise agreed, payment terms are net 20 days after delivery. SmartRetur may invoice on an ongoing basis and may invoice partial deliveries separately.
Late payment
Late payments may incur statutory interest and reminder fees in accordance with applicable law. SmartRetur may suspend further deliveries if payment is overdue. Payment is deemed received when credited to SmartRetur’s account.
No withholding or set-off
Payments may not be withheld, reduced or set off due to complaints or counterclaims unless agreed in writing by SmartRetur.
4. Receipt, complaints and returns
Inspection on receipt
The Customer shall inspect goods upon receipt in accordance with normal industry practice, including verification of quantities and visible condition.
Reporting damage or deviations
Visible damage or deviations must be reported without undue delay to the carrier and to SmartRetur.
The Customer must document any damage or defects in writing where possible.
Complaint deadlines
Hidden defects must be reported no later than 60 calendar days after the defect was discovered or should reasonably have been discovered, and before the goods are put into use.
Claims may not be raised later than one (1) year after delivery of used goods and two (2) years after delivery of new goods.
Failure to comply with these deadlines may result in loss of the right to claim defects.
Remedies
If a valid complaint is made in time, SmartRetur may, at its discretion, repair the defect or replace/redeliver the goods within a reasonable time. If SmartRetur remedies the defect within a reasonable time, the Customer may not claim further remedies unless required by mandatory law.
Invoice objections
Any objections relating to invoices must be raised without undue delay and no later than one (1) week after receipt. Invoices must be paid by the due date unless otherwise agreed.
Cancellations and returns
Goods that have been procured or are ready for delivery cannot be cancelled and will be charged in full.
Returns are not accepted unless agreed in writing. Accepted returns must be undamaged, saleable and properly stored.
SmartRetur may cancel an order if its supplier cancels or is unable to fulfil supply obligations.
5. Limitation of liability
SmartRetur shall not be liable for indirect or consequential losses, including loss of profit or production, unless liability is required by mandatory law.
SmartRetur is not responsible for damage caused by improper use, handling or use outside the intended purpose, and liability is otherwise limited to the extent required by applicable mandatory law.
6. Confidentiality and intellectual property
Each Party shall treat the other Party’s confidential information, including pricing and commercial terms, as confidential and not disclose such information to third parties except where required by law or necessary to fulfil the Agreement.
All intellectual property rights remain with the respective owner. SmartRetur’s websites, customer portal and related tools are owned by SmartRetur and may only be used by the Customer for purposes related to the Agreement.
7. Corporate responsibility and ethics
SmartRetur expects customers and suppliers to act responsibly and in compliance with applicable laws and ethical standards. Where SmartRetur has issued a Code of Conduct or Ethical Guidelines, these form part of the Agreement.
SmartRetur does not sell or distribute products sourced from rainforests.
8. Data protection (GDPR)
Where SmartRetur processes personal data on behalf of the Customer, SmartRetur acts as data processor and the Customer as data controller. Such processing is governed by a separate Data Processing Agreement (DPA), where applicable.
9. Governing law and venue
Unless otherwise required by mandatory local law, the Agreement shall be governed by Norwegian law, and disputes shall be settled by the ordinary courts, with Oslo District Court as agreed venue.
10. Changes to these Terms
SmartRetur may update these Terms from time to time. The most recent version will always be available on the relevant SmartRetur website and will apply to orders placed after publication.