Terms and conditions - Canabuy

General Terms and Conditions of Sale

The purpose of these general terms and conditions of sale is to define the conditions under which smartdeals processes orders placed on www.Canabuy-rabat.com

The offers presented on our sites www.Canabuy-rabat.com are intended exclusively for consumers who complete the sale for purposes unrelated to their commercial or professional activities.

On www.Canabuy-rabat.com we sell smartdeals items and smartdeals partner items.

Smartdeals items include all items offered for sale on www.Canabuy-rabat.com with the exception of the items we refer to as “smartdeals partner items.”

Smartdeals partner items are items for which the name of a partner is mentioned on www.Canabuy-rabat.com. All smartdeals partners are merchants.

1. SCOPE

1.1 These general terms and conditions of sale apply to all orders placed by consumers on www.Canabuy-rabat.com

1.2 You confirm that you have read these general terms and conditions of sale before placing your order and that you have received, in a clear and comprehensible manner, all the information referred to in Article L. 221-5 of the French Consumer Code. Confirmation of the order entails unconditional acceptance of these general terms and conditions of sale.

2. CONCLUSION OF THE CONTRACT AND DELIVERY OF ITEMS

2.1 By placing an order, you declare that you are acting exclusively for private purposes.
2.1 By placing an order, you declare that you are acting exclusively for private purposes.
2.2 Agreements on www.Canabuy-rabat.comare concluded exclusively in French.
2.3 If you order smartdeals items, you conclude, depending on the product chosen, a contract exclusively with the relevant smartdeals partner or with smartdeals SE and the relevant partner jointly (joint sale). Information relating to the contractual relationship is indicated on each product detail page.
2.4 The essential characteristics and the price of our products are indicated on the pages containing detailed product descriptions in the online store. The “Confirm Order” button allows you to confirm the order, which becomes final and results in the conclusion of the purchase contract. We will confirm receipt of the order by email. Please note that the products ordered will be delivered after advance payment (reservation) in the case of payment by bank transfer. We therefore ask you to pay the purchase price without delay and no later than seven (7) days after receipt of our order confirmation.

2.5 We reserve the right to assign the receivable corresponding to the purchase to third parties, in particular to smartdeals Payments GmbH. In this case, you undertake to pay this third party directly, simply upon our notice, and to cooperate with this third party to recover the purchase price.
2.6 We will deliver the goods within the period indicated in the order summary. In the case of express delivery, the delivery time is different (see point 3.3). The delivery period begins upon receipt of payment. If we are unable to deliver due to force majeure or unforeseeable circumstances, the delivery period is extended by the duration of the impediment.
2.7 Please note that we are exempt from delivering the goods ordered if we have properly ordered the goods but they were not delivered to us on time by our suppliers. For us to be exempt from delivery, it must also be the case that the unavailability of the product is not our fault, that we have not expressly accepted the delivery risk, and that we informed you of the unavailability of the product as soon as possible. When the above conditions are met, the order will be canceled and we will refund amounts already paid.

2.8 Our delivery obligation is limited to products that we have in stock or that we have ordered from our suppliers. When delivering items from smartdeals partners, account must be taken not only of our stock but also of the stock of the smartdeals partner. We deliver exclusively in France, Corsica, and Monaco.
2.9 We reserve the right not to accept an order or to cancel it if it was placed using software, a robot, a search engine, a spider, or any other automated system or scripted behavior, regardless of the method and the use of third-party services to place an order on your behalf.

3. PRICE, DELIVERY FEES AND EXPRESS DELIVERY

3.1 Products are invoiced according to the prices indicated in the offer at the time of the order. The prices shown are final prices, including all taxes at the legally applicable rate. The goods remain our property until the purchase price has been paid in full. When selling smartdeals partner items, the items remain the property of the smartdeals partner until the full purchase price has been paid. However, the transfer of risk occurs when the item is physically delivered to you or to the third party you designated.
3.2 The prices of products shown on www.Canabuy-rabat.comdo not include delivery costs. Indeed, delivery costs may be charged depending on the value of the order or the delivery method chosen (see clauses 3.3 and 3.4).

3.3 smartdeals offers free delivery for orders with a value equal to or greater than thirty-four euros (€34.00), excluding express shipping costs. For orders below thirty-four euros (€34.00), a delivery charge of four euros and ninety-five cents (€4.95) including VAT is added. The charges are related to costs incurred due to the size of the order, including shipping, processing, and other services. The costs are invoiced and collected by smartdeals. These additional costs will be specified during the checkout process and added to the total amount due.
3.4 Depending on the location to which the ordered item will be shipped, a remote delivery fee of €4.95 including VAT may, however, be added. We will inform you before completing the order if the selected item is subject to long-distance delivery costs. Shipping costs for long-distance deliveries are charged by smartdeals. If you decide to return an item for which long-distance shipping costs were charged, we will only refund the long-distance shipping costs if the entire order in question is returned. These provisions will be applied within the framework of applicable law.
3.5 Upon delivery, the customer must immediately check whether the goods are complete and whether they are damaged. Any claim must be made without delay to the carrier. You must also check whether the goods delivered correspond to the order. If the goods do not correspond to the order, you must inform our customer service by telephone, via chat, or through our contact form available under Help & Contact: https://www.Canabuy-rabat.com/help

4. PAYMENT

4.1 We accept the following payment methods: bank transfer, credit card, and the secure PayPal payment system. Depending on each order, we reserve the right not to offer certain payment methods or to offer others. We only accept payments from bank accounts held in the European Union (EU). All costs related to payment will be borne by the user.
4.2 For purchases by credit card, the user’s account is debited on the day the order is shipped.
4.3 The customer agrees to receive invoices and credit notes only in electronic format.
4.4 With our Try First, Pay Later offer, we offer the following deferred payment methods: your credit card will be charged after notification of the return of the goods or after the arrival of the returned goods, or eighteen (18) days after the order was placed. We grant an extension of fourteen (14) days after the goods are shipped. In this case, you will be informed of the specific due date by email. In this email you will also find a link allowing you to choose the desired payment method (Article 4.1). For each order, we reserve the right not to offer the Try First, Pay Later service or to limit it to one of the specified payment methods.

5. USE OF DISCOUNT VOUCHERS

5.1 Discount vouchers are only distributed free of charge as part of marketing activities. They have an expiration date, cannot be purchased, and are non-transferable.
5.2 Discount vouchers are valid only for the specified period and can be used only once in a single order. Certain products may be excluded from the benefit of discount vouchers. A minimum purchase value may be specified for each discount voucher.
5.3 To redeem a discount voucher, the order value must be at least equal to the discount amount. The difference between the value of the discount voucher and the order price may be paid using any of the suggested payment methods. The credit constituting the discount voucher is non-refundable and does not bear interest. If the goods are returned in whole or in part, the portion of the price paid with the discount voucher will not be refunded.
5.4 To apply a discount voucher to an order, the discount code must be entered before submitting the order. It is not possible to use discount vouchers on orders already submitted. Unless otherwise indicated, it is not possible to combine multiple discount vouchers.
5.5 If you used a discount voucher in your purchase, we reserve the right to charge the undiscounted price of the goods when, due to a partial withdrawal, the total value of the remaining order is less than or equal to the order threshold value.

6. USE OF GIFT CARDS

6.1 Gift cards are vouchers that you can purchase. Gift cards can only be used to purchase smartdeals items, smartdeals Zircle items, and smartdeals partner items, excluding the purchase of other gift cards. Any difference between the value of the gift card and the order price may be settled using any payment method offered.
6.2 To redeem the credit corresponding to a gift card, you must enter the gift card code before submitting the order. The credit represented by gift cards does not bear interest and cannot be redeemed for cash. You can credit the value of a gift card to your customer account or check your customer account balance by going to the “my gift cards and credits” section at www.Canabuy-rabat.com

7. STATUTORY RIGHT OF WITHDRAWAL WHEN PURCHASING A SMARTDEALS ITEM

When purchasing smartdeals items, you have the statutory right of withdrawal. Please note that when returning goods, you may use the return label included with your order or that you can print from your customer account. If you do not have a printer, have difficulty downloading the return label, or need a new label, you can contact our customer service, whose contact details are listed below. To avoid unnecessary costs, please do not return goods without a return label.

7.1 Information on the right of withdrawal

You have the right to withdraw from this agreement without giving any reason within fourteen (14) days. The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier and indicated by you, physically take possession of the goods, or of the last good in the case of partial delivery. To exercise your right of withdrawal, you must inform us (40 Rue de la Verrerie, Paris, 75004, +33 1 42 74 97 23, France, email: retirada@Canabuy-rabat.com) of your decision to withdraw from this agreement by means of a clear statement (e.g., a letter sent by post, fax, or email). The respective contact information is also available on the product detail page by clicking the partner’s name and scrolling through the collection information in the pop-up window that appears on the page. You may use the withdrawal form below, but it is not mandatory. You may also complete and submit the withdrawal form or another clear statement of withdrawal electronically via the contact form on our website. If you exercise your right of withdrawal, we will promptly send you an acknowledgment of receipt of the relevant explanation (e.g., by email). To meet the withdrawal deadline, the following applies: (i) you must send us your withdrawal statement before the withdrawal period expires; (ii) the Products must not have been used, opened, or damaged; (iii) the Products must be returned intact and unused in their original packaging. Where applicable, the packaging must retain its original seal.

7.2 Exceptions to the right of withdrawal

In accordance with Article L. 221-28 point 5 of the Consumer Code, the statutory right of withdrawal is excluded for sealed goods that have been opened after delivery and that cannot be returned for health protection or hygiene reasons.

7.3 Effects of exercising the right of withdrawal

If you validly exercise your right of withdrawal, we will refund all payments received, including delivery costs (excluding express delivery costs), without undue delay and at the latest within fourteen (14) days from the day we are informed of your withdrawal statement. We will make the refund using the same means of payment that you used, unless we have expressly agreed otherwise. The refund is free of charge for you. We reserve the right to delay the refund until we have received the goods or until we have proof that you have shipped the goods, whichever occurs first. You must return or hand over the goods to us immediately and, in any event, no later than fourteen (14) days from the day on which you inform us of your cancellation. This deadline is met if the goods are sent before the end of the period. We will cover the return costs if you use the provided return label for a return within French territory. In all other cases, the customer must bear the return costs. The customer is responsible for any reduction in the value of the returned goods if this reduction in value is due to handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

7.4 Withdrawal form

(If you wish to withdraw from this agreement, please complete this form and return it)
To: 40 Rue de la Verrerie, Paris, 75004, +33 1 42 74 97 23, France, email for collection@smartdeals-slovensko.com
I/we () hereby notify that I/we () withdraw from the contract for the sale of the goods () listed below
– Ordered on (
)/received on ()
– Name of consumer(s)
– Address of consumer(s)
(
) Delete as appropriate
I/we certify that I/we were informed (i) of my/our right to withdraw from the contract for the sale of the goods listed above within fourteen (14) calendar days from the moment I or a third party designated by me, other than the carrier, received the goods, (ii) that if the goods in question are returned within French territory using the return label, smartdeals will cover the cost of return, otherwise the return costs will be borne by me, (iii) that the goods must be returned intact, unused, and in their original packaging, and (iv) of the impossibility of exercising my right of withdrawal for a sealed good that cannot be returned for health or hygiene reasons after being opened following delivery.
Date:
Signature(s) of consumer(s):
End of information on the right of withdrawal

8. STATUTORY RIGHT OF WITHDRAWAL WHEN PURCHASING ITEMS FROM SMARTDEALS PARTNERS

You have the statutory right of withdrawal when purchasing products from smartdeals partners or used products from smartdeals Zircle. Note that for any returns of goods from smartdeals Partners or smartdeals Zircle, you may use the return label attached to your order or that can be generated from your customer account. If you do not have a printer, have difficulty downloading the return label, or need a new label, you can contact our customer service, whose contact details are listed below. To avoid unnecessary costs, we ask you not to return goods without a return label.

8.1 Information on the right of withdrawal

The customer has the right to withdraw from this agreement without giving reasons within fourteen (14) days. The cancellation period expires fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, physically take possession of the goods or the last goods received in a partial delivery. To exercise the right of withdrawal, you must communicate your decision to withdraw from the purchase contract:
– When the ordered item is a second-hand item from smartdeals Zircle, to us (40 Rue de la Verrerie, Parigi, 75004, 01 42 74 97 23, France, email: retraction@Canabuy-rabat.com);
– When the ordered item is a smartdeals partner item, contact us (40 Rue de la Verrerie, Paris, 75004, 01 42 74 97 23, France, email: retractation@Canabuy-rabat.com) or the corresponding smartdeals partner.

This notification must be made in a clear statement (for example, a letter sent by post, fax, or email). For this purpose, you may use the cancellation form below, but it is not mandatory. To observe the cooling-off period
(i) you must send the notice of withdrawal before the end of this period;
(ii) the Products must not have been used, opened, or damaged;
(iii) the Products must be returned intact and unused in their original packaging. Where applicable, the packaging must retain its original seal.

8.2 Exceptions to the right of withdrawal

In accordance with Article L. 221-28 subsection 5 of the Consumer Code, the statutory right of withdrawal is excluded in the case of sealed goods that have been opened after delivery and that cannot be returned for health or hygiene reasons.

8.3 Effect of withdrawal

In the case of a valid right of withdrawal, we will refund all payments received from you, including delivery costs (excluding additional costs resulting from your choice of a delivery method other than the standard delivery method), without undue delay and at the latest fourteen (14) days from the day we receive your withdrawal notice. We will make the refund using the same means of payment that you used for the original transaction, unless expressly agreed otherwise. The refund is free of charge for you. We reserve the right to delay the refund until we or the smartdeals Partner have received the goods, or until you have provided proof that the goods have been shipped, whichever occurs first. You must return the products to us or to the smartdeals partner without undue delay and, in any event, within fourteen (14) days from the day you notify us of your cancellation. On each product page there is a link to the page containing information on the identity of the relevant smartdeals partner and their contact details. You will also find this information in the document containing information on the right of withdrawal in PDF format attached to our order confirmations. The deadline will be met if you send the goods before the deadline expires. We cover the return costs if you use the provided return label for a return within French territory. In all other cases, the customer must bear the return costs. The customer is responsible for any reduction in the value of the returned item if the reduction in value is due to handling other than what is necessary to determine the nature, characteristics, and functioning of the item.

8.4 Withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it)
To 40 Rue de la Verrerie, Paris, 75004, 01 42 74 97 23, France, email: retractation@smartdeals-slovensko.com (or the respective partners).
I/we () hereby notify that I/we () withdraw from the contract for the sale of the goods () listed below
– Ordered on ()/received on ()
– Name of consumer(s)
– Address of consumer(s)
(*) Strike out what does not apply
I/we certify that I/we were informed of (i) my/our right to withdraw from the contract for the sale of the goods listed above within fourteen (14) calendar days from the time I or a third party designated by me, who is not the carrier, received the goods, (ii) that if the goods in question are returned within French territory using the return label, smartdeals will bear the cost of their return, (iii) that the goods must be returned undamaged, unused, and in their original packaging; and (iv) that it is impossible to exercise my right of withdrawal on a sealed item that cannot be returned for health or hygiene reasons once opened after receipt.
Date:
Signature(s) of consumer(s):
Information on when the right of withdrawal ends

9. 100-DAY RETURN POLICY

9.1 Without prejudice to the statutory right of withdrawal, we grant you an extended return period of one hundred (100) days from receipt of the goods. Under this return policy, you may cancel your order even after the statutory fourteen (14) day return period has expired (see information above on exercising the statutory right of withdrawal). The right of withdrawal is exercised, in the case of smartdeals or smartdeals Zircle items, by returning the goods to us or, in the case of a smartdeals partner item, by returning it to the smartdeals partner, within one hundred (100) days after receipt of the goods. The legal provisions on cancellation apply only until the end of the statutory cancellation period. The right of withdrawal does not affect the statutory warranty and conformity rights, from which you benefit without limitation. The right of withdrawal is excluded when purchasing a gift card.
9.2 The 100-day right of withdrawal does not apply to sealed products that have been opened after delivery or whose seal has been damaged.
9.3 The return period is observed if the goods are sent within this period. The right of return applies provided that the customer has only tried the product to check its suitability, in the same way as in a store. The returned item must be intact, in perfect resalable condition, and in the original packaging. Items that are damaged or whose original packaging is damaged will not be refunded or exchanged.
9.4 For all returns of smartdeals or smartdeals Zircle items, you may use the return label attached to your order or generate it from your customer account. If you do not have a printer, have difficulty downloading the return label, or need a new label, you can contact our customer service.
9.5 For all returns of Smartdeals Partner items, you may use the return label attached to your order. A link to the page containing information on the identity of the Smartdeals Partners and their contact details is available on each product page. This information can also be found in the return information document in PDF format attached to our order confirmations.
9.6 You are responsible for replacing the original packaging in case of loss. In this situation, you may choose to accept a partial refund due to the decrease in the value of the returned item without the original packaging, the amount of which will be communicated to you, or to collect the products at your own expense. In the latter case, if you refuse to accept delivery, we reserve the right to retain the item and the amount indicated for the partial refund due to the decrease in the value of the returned item.

10. REFUNDS

Any refund from us shall be made to the current account from which the payment was made. In the case of payment by bank transfer, the amount is credited to the account from which the transfer was made. When paying by PayPal or credit card, the amount is refunded to the bank account linked to this means of payment. When paying with a gift card, the corresponding amount is credited to the customer’s account.

11. MODERATION OF REVIEWS

In accordance with the provisions of Article 6, I, 7 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, smartdeals is not subject to a general obligation to monitor the comments published on the smartdeals platform. However, Smartdeals moderates the reviews published on the smartdeals platform to ensure their legality and fairness. To this end, smartdeals moderates such reviews: (i) before they are published; (ii) subsequently, if published, when reported by a user. In this context, smartdeals reserves the right not to publish reviews and/or to remove them at any time if such comments: (i) violate applicable laws and regulations and, in particular, constitute manifestly unlawful content (e.g., defamatory, libelous, violent, racist, false); (ii) do not relate to a purchase experience on the smartdeals platform; (iii) violate a person’s privacy; (iv) are not understandable; (v) encourage the purchase of products from a competing site; (vi) were recorded through an automated process; (vii) concern a complaint that has been processed by smartdeals customer service; (viii) could in any way involve smartdeals’ liability; (ix) refer to and/or contain a hyperlink to another site; or (x) are deemed inappropriate by smartdeals.

12. CUSTOMER SERVICE

If you have any questions, please go to the “Help” section of our website.

13. STATUTORY WARRANTIES

Sales made through www.Canabuy-rabat.com are subject to the terms of the statutory warranty of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code, as well as the statutory warranty for hidden defects provided for in Articles 1641 et seq. of the Civil Code. You may exercise these warranties by sending your request to smartdeals SE, Valeska-Gert-Straße 5, 10243 Berlin, Germany, or to the email address or fax number specified in Article 11, and, where the product covered by one of these warranties is an item from a smartdeals partner, to the respective smartdeals partner. Regarding the statutory warranty of conformity, we remind you that: (i) you have a period of two (2) years from delivery of the item you ordered to take action against us or against the smartdeals Partner when the item in question is a smartdeals Partner item; (ii) you may choose between repair or replacement of the item ordered, subject to the cost conditions specified in Article L. 217-9 of the Consumer Code. If repair or replacement of the item is impossible, you may return the item and receive a refund or keep the item and receive a partial refund; (iii) you are exempted from proving the existence of the defect in the smartdeals Partner item during the two (2) years following delivery of said item. This period is extended to one (1) year for smartdeals Zircle items, as they are used items. The statutory warranty of conformity applies independently of any commercial warranties that may be granted by us or by the respective smartdeals partner. Regarding smartdeals Zircle items, smartdeals would like to remind you that these are used items. Normal signs of use that can be reasonably expected from a used item cannot, therefore, constitute a lack of conformity. For signs of use mentioned in the description of the item concerned, the statutory warranty of conformity cannot, therefore, be invoked. You may also choose to invoke the warranty against hidden defects in accordance with Article 1641 of the Civil Code. In this case, it is possible to choose between canceling the purchase or reducing the purchase price under the terms of Article 1644 of the Civil Code.

Article L. 217-4 of the Consumer Code
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from packaging, assembly instructions or installation, where these have been imposed on the seller by the contract or have been carried out under the seller’s responsibility.

Article L. 217-5 of the Consumer Code
The goods are in conformity:
1/ if they are suitable for the use ordinarily expected of similar goods and, where applicable,
– if they correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model,
– if they present the qualities that a buyer may legitimately expect in view of public statements made by the seller, by the producer or by the seller’s representative, particularly in advertising or labeling,
2/ or if they present the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the seller.

Article L. 217-12 of the Consumer Code
The action resulting from lack of conformity is time-barred after two (2) years from delivery of the goods.

Article L. 217-16 of the Consumer Code
When the buyer, within the framework of the commercial warranty granted to him at the time of the purchase or repair of movable goods, asks the seller for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining warranty period. This period runs from the date of the buyer’s request for intervention or from the date on which the item in question is made available for repair, whichever is later after the request for intervention.

Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.

Article 1648(1) of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.

14. OTHER INFORMATION

14.1 Only natural persons at least eighteen (18) years of age may participate in the offers available on www.Canabuy-rabat.com and www.smartdeals-zircle.fr.
14.2 Each customer is entitled to have only one smartdeals account at a time. We reserve the right to cancel multiple registrations.
14.3 You have the opportunity to read these general terms and conditions at www.Canabuy-rabat.com. You can also print or save this document using your browser’s standard function (generally “File” > “Save as”). You can also download and archive this document in PDF format by clicking here. To read the PDF file, you need Adobe Reader software (available free of charge at www.adobe.com) or another program compatible with PDF. You can also view the general terms and conditions of your order by downloading the general terms and saving the summary of your order in the online store via your browser, or the order confirmation which you automatically receive after purchase at the email address you provided to us. The order confirmation contains the order reference and a link to these general terms and conditions. The order confirmation can be saved or printed via the corresponding function in your email client.

15. DISPUTE RESOLUTION IN GOODO

In accordance with Article L. 612-1 of the Consumer Law, “every consumer has the right to free recourse to a consumer mediator for the amicable resolution of a dispute between the consumer and a trader.” This applies to contractual disputes relating to the conclusion of a purchase contract or to the provision of services between a consumer and a trader. Should problems arise, you must first contact our customer service (see point 11). If the problem cannot be resolved, you may, within one (1) year after Customer Service receives your request, engage a mediator to resolve the dispute out of court.
To make your catalog even more attractive, offer a wider range of products and better accessibility to your customers, smartdeals has launched the partner program: smartdeals “marketplace”.

1.1 Description of the service “Partner Program”

The Partner Program is a platform integrated into the website www.Canabuy-rabat.comthat allows professional sales partners to (i) offer new products for sale to consumers at fixed prices, (ii) collect the sale price of the products sold, and (iii) provide after-sales service for those products.
In addition, the professional sales partner may also choose logistics and marketing services.
Within the framework of the Partnership Program, smartdeals acts as co-seller of the professional sales partner’s products.
To benefit from the partnership program, the professional sales partner must pay a fee to smartdeals.

1.2 Payment conditions and processing of financial transactions

The consumer must pay the purchase price of a product to a professional sales partner directly to smartdeals. For this purpose, the consumer must choose the payment method available on www.Canabuy-rabat.com , i.e., bank transfer, credit card, and the secure PayPal payment system.

1.3 Warranties

Sales made through the Partnership Program are subject to the terms of the statutory warranty of conformity prescribed in Articles L. 217-1 et seq. of the Consumer Code, as well as the statutory warranty for hidden defects prescribed in Articles 1641 et seq.
The consumer may invoke these warranties by sending their request to smartdeals SE, Valeska-Gert-Straße 5, 10243 Berlin, Germany, or to the following email address: service@Canabuy-rabat.com.

1.4 Right of withdrawal

The consumer has the statutory right of withdrawal when purchasing goods from the smartdeals Partner.
To return the goods, the consumer may use the return label attached to the order or that can be generated from their customer account. If the consumer does not have a printer, has difficulty downloading the return label, or needs a new label, they may contact smartdeals customer service, whose contact details are provided below. To avoid unnecessary costs, goods should not be returned without a return label.

a.
The consumer has the right to withdraw from the contract concluded with the partner without giving reasons within fourteen (14) days. The withdrawal period expires fourteen (14) days after the day on which the consumer concerned or a third party other than the carrier and designated by the consumer takes physical possession of the goods.

To exercise the right of withdrawal, the consumer must notify smartdeals of their decision to withdraw from the contract (40 Rue de la Verrerie, Paris, 75004, 01 42 74 97 23, France, email: retraction@smartdeals-slovensko.com) or the relevant smartdeals partner—by a clear statement (for example, a letter sent by post, fax, or email). To observe the cooling-off period
(i) the consumer must send their withdrawal statement to smartdeals before the end of the withdrawal period;
(ii) the Products must not have been used, opened, or damaged;
(iii) the Products must be returned intact and unused in their original packaging. Where applicable, the packaging must retain its original seal.

b. Exceptions to the application of the right of withdrawal
In accordance with Article L. 221-28(5) of the Consumer Code, the right of withdrawal is excluded for sealed goods that have been opened after delivery and cannot be returned for health or hygiene reasons.

c. Effect of the right of withdrawal
In the case of a valid right of withdrawal, smartdeals will refund all payments received from the consumer concerned, including delivery costs (with the exception of additional costs resulting from the consumer’s choice of a delivery method different from the standard). smartdeals will make the refund using the same means of payment that the consumer concerned used, unless another means of payment has been expressly agreed. The refund is free of charge for the consumer. smartdeals reserves the right to defer the refund until receipt of the goods or until receipt of the goods by the smartdeals Partner, whichever occurs first, or until the consumer provides proof that the goods have been shipped, whichever occurs first. The consumer must return or hand over the goods to smartdeals or the relevant smartdeals partner without undue delay and, in any case, within fourteen (14) days from the day on which the consumer notified smartdeals of the right of withdrawal. On each product page there is a link to the page containing information on the identity and contact details of the relevant smartdeals partner. The consumer will also find this information in the document with information on the right of withdrawal in PDF format attached to the order confirmation. This period is complied with if the consumer sends the goods before the period expires. smartdeals covers the return costs if the consumer uses the provided return label for returns within French territory. In all other cases, the return costs must be borne by the consumer concerned.
The consumer will be responsible for any reduction in the value of the returned goods if this reduction in value is due to handling other than what is necessary to determine the nature, characteristics, and proper functioning of the goods.

Cancellation form
(If the consumer wishes to withdraw from this agreement, this form must be completed and sent to smartdeals) 40 Rue de la Verrerie, Paris, 75004, 01 42 74 97 23, France, email: retractation@Canabuy-rabat.com (or the respective partners).
I/we () hereby notify that I/we () withdraw from the contract for the sale of the following goods ()/ below
– Ordered on ()/ received on ()
– Name of consumer(s).
– Address of consumer(s).
(
) Strike out what is not applicable
I certify that I was informed (i) of my right to withdraw from the contract for the sale of the goods specified above within fourteen (14) calendar days from the moment I or a third party designated by me, other than the carrier, received the goods, (ii) that if the goods in question are returned within French territory using the return label, smartdeals will cover the cost of return, (iii) that the goods must be returned undamaged, unused and in their original packaging and (iv) that it is impossible to exercise my right of withdrawal for a sealed item that cannot be returned for health or hygiene reasons once opened after receipt.
Date of signature
Signature(s) of consumer(s):

1.5 Special conditions of sale for partner products

The conditions of sale of the Partner’s products to consumers are governed by the general terms and conditions of sale available on www.Canabuy-rabat.com .
Partner smartdeals items are the items for which the partner’s name is listed on www.Canabuy-rabat.com .
When ordering items from smartdeals partners, the contracting parties are smartdeals SE and the smartdeals partners, whose contact details are listed on the detailed page of the selected product.
When selling smartdeals partner items, the items remain the property of the smartdeals partner until the purchase price has been paid in full.

1.6 Dispute resolution procedures

In accordance with Article L. 612-1 of the Consumer Law, “every consumer has the right to contact a consumer mediator free of charge to amicably resolve a dispute between him/her and a merchant.” This applies to contractual disputes relating to the conclusion of a purchase contract or the provision of services between a consumer and a merchant.

In the event of difficulties, smartdeals invites the consumer concerned to first contact smartdeals customer service. If the problem is not resolved, the consumer may contact a mediator within 1 (one) year after receipt of the customer service request to resolve the dispute out of court. For this purpose, the consumer may resort to the following mediation services:
(a) FEVAD e-commerce mediator at the following address:
www.mediateurfevad.fr/index.php/espace-consommateur/
(b) European Commission online dispute resolution website:
http://ec.europa.eu/consumers/odr/

2. Conditions for listing, removal and ranking of professional business partners and their offers

2.1 Listing terms

To be eligible for the partner program, professional sales partners must have entered into a service contract with smartdeals that specifies the conditions to be met for selling products via www.Canabuy-rabat.com . In return for making the “marketplace” available, smartdeals receives remuneration from professional sales partners.
To designate Professional Sellers eligible for the Partner Program, smartdeals considers the following non-cumulative criteria:

  • Geographical location of professional sales partners (Europe),
  • Complementarity between partners’ products and smartdeals’ product catalog,
  • Products offered for sale (new only),
  • Availability of products (in stock with professional business partners).

To be eligible for the Partner Program, professional sales partners must, above all, be able to provide consumers with a good shopping experience, including (i) accurate deliveries within specified time frames, (ii) responding to questions about their products within the specified time frame.

2.2 Conditions for cancellation

Seller partner accounts may be deactivated and their offers removed from the partnership program for practical reasons (a) or due to the partner’s non-compliance with its obligations (b).

a. For reasons of simplicity
Professional sales partners may unilaterally decide to close their partner account or to remove one or more offers available on the smartdeals “marketplace.”

b. For partner’s negligence
If a professional business partner fails to comply with the legal provisions or contractual clauses to which it is subject, smartdeals reserves the right to remove all or part of its offers available on the smartdeals “marketplace” and/or on its partner account.

2.3 Ranking of offers

By default, the products offered on www.Canabuy-rabat.com, whether sold by smartdeals or by a professional supplier partner, are ranked according to the category of individuals to whom they are intended (for example, women, men, children).
In addition, within the same category, products are ranked by product type (for example, new arrivals, clothing, footwear).
Finally, within the selected category of individuals and product type, the items offered on the smartdeals website are by default ranked according to an algorithm based on the best sales rate or product availability.
However, the consumer can change this default ranking by choosing a different sorting criterion, including:

  • new arrivals (from newest to oldest),
  • increasing prices (from cheapest to most expensive),
  • decreasing prices (from most expensive to cheapest),
  • campaigns.

On the “product page” itself, only one seller can offer their products. The seller is selected based on their quality (manufacturer or distributor), and during discount periods the seller offering the lowest price is selected.
Use of the partner program is subject to a fee specified in a service contract concluded between smartdeals and the partner. This fee does not affect the ranking of the supplier’s offers.
Finally, it is also possible that some offers appear with the mention “sponsored” because they are subject to a fee from the professional sales partner, which affects their ranking.