Terms & Conditions

1. Scope

2. Offers and Service Descriptions

3. Order Process and Conclusion of Contract

4. Prices and Shipping Costs

5. Delivery and Availability of Goods

6. Refunds and Return Policy

7. Payment Terms

8. Retention of Title

9. Warranty and Guarantee

10. Liability

11. Retention of the Contract Text

12. Final Provisions

1. SCOPE

1.1. The following General Terms and Conditions, in their version valid at the time of the order, shall apply exclusively to the business relationship between Smartkeylessprotector.com (hereinafter the “Seller”) and the customer (hereinafter the “Customer”).

1.2. You can reach our customer service for questions, complaints and concerns on weekdays from 9:00 a.m. to 6:00 p.m. by phone at +36 18001583 as well as 24/7 by email at [email protected].

1.3. Within the meaning of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor to their independent professional activity (§ 13 BGB – German Civil Code).

1.4. The Customer’s terms and conditions are not recognised unless the Seller expressly agrees to their validity.

2. OFFERS AND SERVICE DESCRIPTIONS

2.1 The presentation of products in the online shop does not constitute a legally binding offer but rather an invitation to submit an order. Service descriptions in catalogues and on the Seller’s website do not constitute a warranty or guarantee.

2.2 All offers are valid “while stocks last”, unless otherwise stated in the product description.

3. ORDER PROCESS AND CONCLUSION OF CONTRACT

3.1. The Customer can select products from the Seller’s range without obligation and add them to a so-called shopping cart via the button “Add to cart”. The Customer can change the product selection in the shopping cart, e.g. by deleting items. The Customer can then proceed to complete the order via the button “Proceed to checkout”.

3.2. By clicking the button “Submit order”, the Customer makes a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and review the data at any time and return to the shopping cart using the browser’s back button or cancel the ordering process. Required fields are marked with an asterisk (*).

3.3. The Seller will then send the Customer an automatic acknowledgement of receipt by email, in which the Customer’s order is listed again and which the Customer can print using the “Print” function (order confirmation). The automatic acknowledgement of receipt merely confirms that the Customer’s order has been received by the Seller and does not yet constitute acceptance of the offer. The contract is concluded once the Seller accepts the offer through the explicit order confirmation, the shipping confirmation or by sending the invoice. Orders received by 2:00 p.m. (Central European Time) are dispatched within 24 hours on business days (Monday to Friday). Delivery usually takes a further 2-3 business days.

3.4. If the Seller permits payment in advance, the contract is concluded with the provision of bank details and the payment request. If, despite being due, the payment has not been received by the Seller within 10 calendar days after the order confirmation has been sent, the Seller withdraws from the contract, the order becomes invalid and the Seller is not obliged to deliver. The order is then ended for buyer and seller without further consequences. Reservation of an item via prepayment therefore lasts a maximum of 10 calendar days.

4. PRICES AND SHIPPING COSTS

4.1. All prices stated on the Seller’s website include the applicable statutory VAT.

4.2. Within the EU, shipping is free of charge when the standard shipping method is selected. For express shipping options and for deliveries outside the EU, the Seller charges shipping costs in addition to the stated prices. The shipping costs will be clearly communicated to the buyer on a separate information page during the order process.

5. DELIVERY, AVAILABILITY OF GOODS

5.1. If payment in advance has been agreed, delivery of the goods takes place after receipt of the invoice amount.

5.2. If delivery of the goods fails due to the fault of the buyer despite three delivery attempts, the Seller may withdraw from the contract. Any payments already made will be refunded to the Customer without delay.

5.3. If the ordered product is not available because the Seller is not supplied with this product by the supplier through no fault of their own, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if applicable, propose the delivery of an equivalent product. If a comparable product is not available or if the Customer does not want a comparable product, the Seller will reimburse the Customer for any services already rendered without delay.

5.4. The Customer will be informed about delivery times and delivery restrictions (e.g. limitations on delivery to certain countries) on a separate information page or in the respective product description.

5.5 In the event of a return under the right of withdrawal, you are only required to compensate for any loss in value of the goods if such loss in value is due to handling that goes beyond what is necessary to check the nature, characteristics and functioning of the goods (§ 357a (1) BGB). Statutory warranty rights remain unaffected.

6. REFUNDS AND RIGHT OF RETURN

6.1 You have the right to withdraw from this contract within thirty (30) days without giving any reason. The withdrawal period is thirty days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us (insert: name/company, address, phone number, email address and, if available, fax number) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use a withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your notice of exercising your right of withdrawal before the withdrawal period has expired.

6.2 To return an item, please send us an email at [email protected] in order to receive a notification with a return number. You will need this number to send the product back.

6.3 To return a product, it must be unopened, unused and in its original packaging. In addition, you may only return the product within 30 days of receipt. Please note that you will receive a full refund excluding shipping costs (which may amount to up to 20 euros depending on the destination country), customs fees, import VAT and other additional costs.

6.4 In order to process your return, we need some details. Please note: We can only process your return if you provide ALL the required information on the parcel.

Please download the return form here.

Please complete the return form and enclose it with the return.

6.5 If we do not receive your parcel and you cannot provide us with a tracking number, it is the sender’s responsibility to deal with this issue.

6.6 Note on VAT and customs duties:

The products you buy in our shop do not include customs duties. Depending on the customs regulations of your country, you may have to pay import duties and import VAT. If you choose to place an order in our shop, you accept this policy. If you then refuse acceptance of the parcel, we must charge you for the shipping and return costs.

7. PAYMENT TERMS

7.1. During and before completion of the ordering process, the Customer can choose from the available payment methods. The Customer will be informed about the available payment methods on a separate information page.

7.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

7.3. If services from third parties are used for payment processing, e.g. PayPal, their general terms and conditions apply.

7.4. If the due date of the payment is determined according to the calendar, the Customer is in default already by missing the deadline. In this case, the Customer must pay the statutory default interest.

7.5. The Customer’s obligation to pay default interest does not exclude the assertion of further damages caused by default by the Seller.

7.6. The Customer only has a right of set-off if their counterclaims have been legally established or recognised by the Seller. The Customer may only exercise a right of retention if the claims arise from the same contractual relationship.

8. RETENTION OF TITLE

8.1 The delivered goods remain the property of the Seller until full payment has been received.

9. WARRANTY AND GUARANTEE

9.1. The statutory warranty rights shall apply.

9.2. A guarantee is only granted for the goods supplied by the Seller if this has been expressly assured. The Customer will be informed about the guarantee conditions before initiating the ordering process.

9.3. The Seller grants a voluntary manufacturer’s guarantee of 24 months on the Smart Keyless Protector and the Smart Keyless Protector Bundle from the date of receipt of the goods. The guarantee covers the functionality of the product under normal use. Excluded from the guarantee are damages caused by improper handling, modification, tampering with the device or mechanical damage. The Customer’s statutory warranty rights under §§ 437 ff. BGB remain unaffected by this guarantee. Guarantee claims can be submitted to [email protected].

10. LIABILITY

10.1. The following limitations and exclusions of liability apply to the Seller’s liability for damages, notwithstanding other statutory provisions.

10.2. The Seller is liable without limitation if the cause of the damage is based on intent or gross negligence.

10.3. In addition, the Seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer regularly relies. In this case, however, the Seller is only liable for the foreseeable damage typical for the contract. The Seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

10.4. The above limitations of liability do not apply to injury to life, body and health, to a defect after assumption of a guarantee for the quality of the goods, and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

10.5. Insofar as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

11. RETENTION OF THE CONTRACT TEXT

11.1. The Customer can print out the contract text before submitting the order to the Seller by using the print function of their browser in the last step of the order.

11.2. The Seller also sends the Customer an order confirmation with all order data to the email address provided. With the order confirmation, but at the latest with the delivery of the goods, the Customer also receives a copy of the General Terms and Conditions together with the cancellation policy and information on shipping costs and delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the contract but do not make it accessible on the internet. Contracts falling within the scope of these GTC do not have the character of written contracts.

12. FINAL PROVISIONS

12.1. Place of jurisdiction and place of performance is the Seller’s place of business if the Customer is a merchant, a legal entity under public law or a special fund under public law.

12.2. The Seller does not have a code of conduct under the Act on the Prohibition of Unfair Commercial Practices towards Customers.

12.3. The contract language is German/English/Russian.

12.4. The European Commission’s Online Dispute Resolution (ODR) platform for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

12.5. Please note that, if you submit a customer complaint against us and your complaint is rejected, you are also entitled to refer the matter to the competent arbitration board. A prerequisite for initiating an arbitration procedure is that the Customer has first attempted to settle the dispute directly with the company. The arbitration board is authorised to settle consumer disputes out of court.

The competent arbitration board is based on the registered office of the company:

Arbitration Board of Budapest;

1016 Budapest, Krisztina krt. 99.

[email protected]