Terms of Use - smartinvestmne

Website Terms of Use

Version 1.0

The Smart Invest website located at smartinvestmne.com is a copyrighted work belonging to Smart invest mne. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

Access to the Site

Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.

Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Payment Methods and Process

Enabled Payment Methods:

Payment for products on our online store can be made in one of the following ways: with payment cards – VISA, Maestro or MasterCard that support payment via the Internet.

Payment by card is realized in cooperation with AllSecure doo and Hipotekarna bank and is done in a safe and certified way through the AllSecure Paymet Gateway, by simply entering data from the payment card. After entering the card data and confirming the payment, the bank authorizes the transaction and thus the order is approved and enters the further process of preparation for delivery. The amount will be reserved on your card (account) and will not be available for any other purpose.

The transaction will be completed and the amount deducted from your account only when the products are prepared for transport and handed over to the courier service. In the event that the payment is not completed, that is, the amount is not removed from the account within 14 days of accepting your order, the order will be canceled and deleted. After the expiry of the period of 14 days, the money reserved in your account is released and will be available to you again.

After that, you can repeat the same or a new order, and make a payment related to them. Check with the bank that issued the card whether your card supports payment via the Internet.

Data protection during payment:

When entering payment card data, confidential information is transmitted via a public network in a protected (encrypted) form using the SSL protocol, using the most modern methods of tokenization of sensitive data, and in accordance with PCI-DSS standards. Payment card information is never available to the merchant. 3D Secure protection for all merchants and customers – AllSecure Payment Gateway uses the highest global standards of data protection and privacy. All merchants using the AllSecure Payment Gateway are automatically included in the 3D-Secure protection, which guarantees the security of purchases to customers. Customers’ payment card numbers are not stored on the merchant’s system, and the registration itself is protected by SSL data encryption. PCI DSS Standards – AllSecure Payment Gateway constantly complies with all the requirements of card organizations in order to increase the security level of merchants and customers. From 2005 to today, without interruption, the system has been certified as PCI-DSS Level 1, which represents the highest standard in the industry. PCI Data Security Standard (PCI-DSS) is a norm that defines the necessary security measures for processing, storing and transmitting sensitive card data. PCI Standards protect sensitive data about the card user during the entire payment process: from the moment of data entry at the merchant’s point of sale, during communications between the merchant and relevant banks and card organizations, as well as the subsequent storage of such data.

Refund Process:

In the case of a refund to a customer who previously paid with one of the payment cards, partially or in full, and regardless of the reason for the refund, this refund is made exclusively via the same VISA, Maestro or MasterCard card that was used for payment. This means that our bank will refund the funds to the card user’s account at our request.

Currency Conversion Statement: Please note that all payments will be effected in Euro (EUR). If the payment is done using foreign issuers payment cards, total amount of transaction will be converted into bank settlement currency, according to the current exchange rate of Visa/Mastercard.

Disclaimers

The site is provided on an “as-is” and “as available” basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.

Copyright Policy.

Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Podanje BB, Danilovgrad. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.

Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within me County, California, for such purposes.

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Complaint procedure

Products sold through our online store are accompanied by all legally necessary documentation, including manufacturer’s warranty cards. If there is a need to advertise a certain article for quality, we will fulfill all legally defined obligations for the seller, in the same way as if you bought the goods in a traditional store. Goods covered by the manufacturer’s warranty are sold with the manufacturer’s warranty extended to the Buyer. The complaint procedure is initiated at the customer’s request, by filling out the Request for complaint on product quality. If you want to start the complaint process, you need to contact us by email [email protected] or phone +382 69 020 609 in order to send you this request or download it from our website (https://smartinvestmne.com) and send it to us by email. Company Smart Invest assumes no responsibility for customer errors, wrongly purchased products, or any other errors related to your actions when purchasing on the Web site. If you have irregularities in the operation when purchasing a product on the website or you have not received the purchased product, please contact customer service (contact details) and we will do our best to eliminate the irregularities so that you receive the purchased product. If a product you have purchased is defective or does not function properly for any reason, please contact our customer service (contact details) and view the warranty card to familiarize yourself with the warranty details and the complaint procedure.

The right to a refund or exchange of goods

In case of withdrawal from the contract, the consumer has the right to a refund or exchange for another product. The amount is returned to the customer upon receipt of the product, and after it is determined that the product is returned undamaged and correct.

Right to withdraw

The law for the case of distance sales establishes the right of the buyer, who is considered a consumer (a natural person who buys the product to satisfy his individual needs, and not to perform professional activities), to withdraw from the contract within 14 days from the day the product was handed over to him . When canceling, the customer may or may not state the reasons for canceling. The form/Declaration of withdrawal from the contract produces legal effect from the day it is sent to the merchant. In case of withdrawal from the contract, the consumer has the right to a refund or exchange for another product. The price is returned to the customer upon receipt of the product, and after it is determined that the product is undamaged and correct. The buyer is obliged to return the product without delay, and no later than within 14 days from the day he sent the cancellation form. After the expiration of 14 days from the day he sent the cancellation, the product can no longer be returned. When returning goods, it is mandatory to return them in a correct and unused condition and in the original, undamaged packaging, and the original fiscal receipt must be attached. Upon receipt of the product, it will be determined whether the product is correct and undamaged. The customer is responsible for malfunctioning or damage to the product that is the result of inadequate handling of the product, i.e. the buyer is solely responsible for the reduced value of the product that occurs as a result of handling the goods in a way that is not adequate, that is, exceeds what is necessary to establish its nature, characteristics and functionality. If it is determined that the product is defective or damaged due to the buyer’s fault, the price refund will be refused and the product will be returned to him at his expense. The merchant is obliged to return to the consumer without delay the amount paid by the consumer based on the contract, and no later than within 14 days from the day of receipt of the declaration of withdrawal, and after receipt of the product.

Costs of returning goods and money

The costs of returning goods and money are borne by the buyer, except in cases where the buyer receives a defective or wrong item.

Instructions for purchase

All items that we have displayed on our online store https://smartinvestmne.com/ you can order, in a very quick and simple way. All you have to do is find the item you want, and leave your details, and we will do our best to get all the goods you have ordered to you within 2-4 working days. After accessing our site, proceed to search for items. In order to speed up and facilitate your search, you can use filters. With the help of filtering, you can determine for which gender, age, type, size, color or model of the item you want.

When you have decided on an item, click on the appropriate size of the item, and then place it in the basket. When you do that, a new window will appear in the upper part of the screen that offers you the possibility to see the items in the basket, as well as the possibility to go directly to the checkout. If you have completed the product selection process, click on the “CHECKOUT” option to open a new field where you need to enter information about yourself and your address. After entering the address, click on the “NEXT” option to proceed to the next step. The next thing you need to do is to check the order, that is, to determine whether you ordered all the things you wanted or maybe you left out an item, made a mistake in the number or size. The screen will show you the data of all the items that you have previously “put in the basket”. If all the data is correct, you go to confirm the order. Then you choose the payment method. For now, the following payment methods are offered: A) “cash on delivery” – payment upon collection by cash or checks, and B) payment by card. If you choose to pay by card, a field will appear in which you must enter the following information: card number, name of the card owner, card expiration date and cvv card number (that is, card verification number) – this is the number that usually appears on the back of the card, after the card number (the complete card number with 16 digits or only the last 4 digits can be displayed) there is a special code that usually consists of 3 digits (some cards have 4 digits as well), and that 3-digit number is your cvv card number. You may be asked to enter the type (brand) of the card.

In the next step, you will see a purchase confirmation that you can print or simply record the transaction data – information about the transaction status (whether the transaction was successful or not), the order ID number – the ID number of each order is unique, the amount you paid and the currency in which the transaction was made, the last 4 digits of the card with which you made the payment and the type or brand of the card, the bank’s authorization code – a number unique to each successful card transaction, and the date and time when the transaction was made. This step completes the online purchase process. After that, you will be informed about the status of your order via email. The order is accepted by the merchant only after we send you a confirmation of acceptance by email. The goods you ordered will arrive to you within the time specified on the confirmation. If you have any problems during the ordering process, our call center is always at your disposal at the number +382 69 020 609, which is open on weekdays from 9:00h to 16:00h hours or contact by email [email protected]

This Privacy Policy regulates the practice of collecting information from users when using the website https://smartinvestmne.com/ , as well as their storage in the databases of our company Smart Invest. Our privacy policy covers how and why we collect, use and protect your personal data. We reserve the discretion to amend this Privacy Policy at any time and for the amended text to become effective immediately upon its publication on the Website. Your continued use of the website after the changes implies that you accept all the terms of the amended Privacy Policy. Therefore, we advise users to periodically re-read the information contained in the Privacy Policy in detail, in order to be informed of possible changes.

Contact Information

Address: Podanje BB, Danilovgrad

Email: [email protected]