Terms and Conditions
Ferrogasse 4 / I
1180 Vienna / Austria
E-Mail: jbauer@ smart-elements.com
Management: Mag. Juergen Bauer
Registered office: Vienna
Registration: Handelsgericht Wien FN342082m
VAT Number: ATU65594118
Welcome to smart-elements!
These terms and conditions outline the rules and regulations for the use of smart-elements GmbH’s Website, located at www.smart-elements.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use smart-elements if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Austria. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Conclusion of the contract
The contract is deemed to be concluded when the seller has sent a written order confirmation or a delivery after receiving the order.
The prices displayed on this international site are quoted in different currencies.
International orders welcome. Prices quoted without VAT at 20% (Austrian Tax) and are subject to change if the applicable rate of VAT changes before
your order is accepted. We recommend you contact your local customs authority to determine a landed cost price prior to order completion.
All prices are quoted exclusive of postage and packaging, which will be charged at the rates specified after the checkout process.
Where there is a delay or likelihood of delay in the supply of products, we will advise you as soon as practicable.
If the products cannot be send out within 30 days of your order, we will notify you of this delay and you may either cancel your order or agree a further
delivery time with us.
We reserve the right to cancel the order if products have to be backordered and they are not available at the same conditions or quality, especially if the price of precious metals changed. Backordered products are marked as such on the website. Without specifying a delivery time, this is 4 weeks.
We reserve the right at all times and at our sole discretion to refuse to accept any orders.
If you exercise a right to cancel your order but the goods have already been dispatched, please follow the Returns Procedure set out below
Returns and Exchanges, which also governs refunds.
Delivery times are subject to stock availability, and to possible delays due to payment authorisation, compliance with customs controls and
other factors outside our control. We deliver your order with the fastest possible method according to international laws for hazardous materials.
We will only ship to countries featured in our checkout form, and will not honour orders requiring delivery to any destination outside the countries listed. During the checkout process, if an incorrect destination country is selected, or the address entered doesn’t correspond
to the country selected, the order will be cancelled and a notification of cancellation will be sent automatically to your nominated email address.
All deliveries require a signature, so please ensure somebody is in to sign for the goods. If you are not in to receive goods, you can contact
the courier to arrange a new delivery time. You also have the opportunity to add any special delivery instructions during the ordering process.
We can take no responsibility for any delivery problems arising from incomplete or incorrect address details supplied by you.
If you prevent delivery of the goods by, (for example) failing to supply the courier or your local customs, tax office with necessary information or
documentation, or failing to pay local customs, taxes or courier’s administration fees so your package is returned to us, any resulting return postage or
courier’s administration fees incurred will be deducted from the amount refunded to you in respect of that order.
Returns And Exchanges
We will offer a refund or exchange (if stock available) on any unused goods/ unopened chemical batches within 14 days after arrival. You must return the goods
to us with their unopend original packaging. Special and custom made items cannot be returned. Shipment must be fully paid otherwise we refuse the returned parcel.
Please note that you have a legal obligation to take reasonable care of the items while they are in your possession,
and if you fail to do so we may have a right to make a claim against you for compensation. We recommend therefore that you wrap your items safely and securely to avoid
damage in transit back to us. Peel off the supplied return address sticker and send your package back to:
Ferrogasse 4 / I
1180 Vienna / Austria
Unless otherwise stated, smart-elements GmbH and/or its licensors own the intellectual property rights for all material on smart-elements. All intellectual property rights are reserved. You may access this from smart-elements for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from smart-elements
- Sell, rent or sub-license material from smart-elements
- Reproduce, duplicate or copy material from smart-elements
- Redistribute content from smart-elements
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. smart-elements GmbH does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of smart-elements GmbH,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, smart-elements GmbH shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
smart-elements GmbH reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant smart-elements GmbH a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of smart-elements GmbH; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to smart-elements GmbH. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of smart-elements GmbH’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.