TERMS OF THE SERVICE
General Overview
This site is operated by Smartifier Lda. Throughout the site, the terms “we”, “us”, “our”,“Smartify” refer to Smartifier Lda. The Smartify provides this site, including all information, tools, and services available on this site to you, the user, conditioned on your acceptance of all terms, conditions, policies, and notices stated herein.
By visiting our site and/or purchasing something from us, you are engaging in our “Service” and agree to comply with the terms, conditions, and policies.
These terms of service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to comply with these Terms of Service. If you do not agree to all the terms and conditions, you must not access the site or use any service.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our site. It is your responsibility to check this page periodically for changes. Accessing the site after the posting of any changes constitutes acceptance of those changes. changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - TERMS OF THE ONLINE STORE
By agreeing to these Terms of Service, you declare that you are at least the age of majority in your state or province of residence, or that you are of legal age in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including, but not limited to copyright laws). You must not transmit worms or viruses or any code of a destructive nature. Violation of any of the Terms will result in the immediate termination of your Services.
SECTION 2 - SERVICES PROVIDED AT THE CLIENT'S FACILITIES
The Smartify provides services in the areas of home automation, lighting, blinds, security, access control, video surveillance, alarms, automation, intercoms, among others. This document establishes the terms that govern the provision of services to clients.
1. All trips to the client are charged, even if they are just for estimates, diagnostics, or analyses. Exception: faults reported within 72 hours after installation, provided that the remote diagnosis indicates a possible installation failure or defect of the item. If after the trip it is concluded that the source of the problem is misuse or external factors, the trip will be charged.
2. Whenever the client requests a service using the term “urgency”, the Smartify commits, whenever possible, to intervene within 24 hours. In these cases, an additional trip charge will apply and the cost of labor and the executed service will be double the usual rate. The applied materials will maintain the normal values.
3. If the client requests the installation of solutions not included in the usual portfolio of Smartify, the responsibility for technical and functional compatibility will be entirely the client's. The Smartify is not responsible for incompatibilities nor guarantees the possibility of return, if the supplier does not accept it.
4. When the material is not purchased from Smartify: the responsibility for compatibility and suitability is the client's; if the installation is not feasible, a proportional amount for the work done will be charged, up to a maximum of 50% of the value. Budgeted; there may be a place for partial reimbursement, if applicable.
5. In installations where payment is not made in full in advance, the remaining amount must be paid at the time of completion of the installation, through immediate bank transfer (unless from the same bank), or Multibanco reference. The proof of payment must be presented to the technician and sent to the email geral@smartify.pt or WhatsApp +351 932 233 033.
6. Failure to comply with the previous point entitles Smartify to engage external collection partners (with additional costs and late interest); and to proceed with the deactivation or removal of the services provided, with execution and reactivation costs borne by the client.
7. Faults must always be reported via email to: rma@smartify.pt (preferably), or geral@smartify.pt. WhatsApp, phone calls, and other channels are supplementary but not official for incident registration.
8. The scheduled time is indicative, with a margin of ±3 hours, depending on the complexity of previous work. The client must choose a day when they are fully available to receive the technician. Smartify will always try to specify an approximate time and keep the client informed, but in extreme cases, the work may take place from the beginning to the end of the day. Rescheduling must be requested at least 48 hours in advance. Otherwise, a travel fee may be charged, even if not executed.
9. Services may be performed by in-house teams or authorized partners. Client data may be shared with partners exclusively for the purpose of service execution and communication.
10. Scheduling will only be considered confirmed after payment. Until this happens, availability may be allocated to another client.
11. Smartify strives to execute services as quickly as possible but is not responsible for delays caused by unforeseen circumstances, unless there is a written commitment to the contrary.
12. Guarantee and return for dissatisfaction: the products provided by Smartify have a legal guarantee of 3 years. If the client expresses dissatisfaction with the purchased product, they may request a return within the legal period of 14 days after receipt, provided the product has not been installed or used, and is in perfect condition. Labor is non-refundable.
13. If discounts are applied (for example, on travel) and the service is canceled, the discount will cease to take effect and the travel will be charged.
14. Includes only what is expressly specified. Excluded are: removal of old equipment; preparatory work; lifts over 2.5m; licenses, certifications, or civil works.
15. It is assumed that the client has the authority to authorize the work. Smartify is not responsible for the absence of legal, administrative, or condominium authorizations.
16. The removal of equipment may cause aesthetic damage (e.g., cracked paint, lack of plaster). These works are not included in the service.
17. The client must verify the service before the technician leaves. In the absence of written indication to the contrary, the service will be considered completed at that moment.
18. For a set of equipment to be considered a single solution, all elements must be included in a single document/quote, including installation.
19. Smartify is not responsible for equipment malfunctions caused by the absence or instability of the Wi-Fi network or interference. external.
20. The services provided may be photographed or filmed for internal or promotional purposes. The client may request that these images not be used.
21. The Smartify does not guarantee the preservation of settings prior to installation. If the client wishes to maintain any settings, they must request it in advance.
22. Free technical support is limited to common usage questions. Issues such as reconfigurations, programming, or parameter settings may be charged by the hour, even if provided remotely.
23. The awarding and/or payment for any service implies full and unconditional acceptance of these terms and conditions, even in the absence of an express signature.
SECTION 3 - GENERAL CONDITIONS, ACCURACY, INTEGRITY AND TIMELINESS OF INFORMATION
We reserve the right to refuse our service to anyone for any reason, at any time. By using our service you must understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the site through which the service is provided, without our express written permission .
We are not responsible if the information provided on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, they are not current and are provided for your reference only. We reserve the right to modify the content of this site at any time, having no obligation to update any information on our site. By using our site you agree that it is your responsibility to monitor any changes that may affect you.
SECTION 4 - MODIFICATIONS TO SERVICES AND PRICES
The prices of our products are subject to change without prior notice. We reservethe right to modify or discontinue a Service (or any part or content of it) at any time without prior notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the site. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy. We make every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer monitor is accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of any product or service made on this site is void where prohibited. We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - BILLING ACCURACY AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per family, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing information and/or delivery address. In the event that we make a change or cancel an order, we may try to notify you by contacting the email and/or address/phone. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be made by resellers or distributors.
By using our site, you agree to provide current, complete, and accurate account and purchase information for all purchases made at our store and agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.
For more details, please refer to our return policy
SECTION 7 - EXTERNAL RESOURCES
We may use/provide access to external resources that we do not monitor or have any control over. By using our site you acknowledge and agree that we provide access to such resources "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability arising from or related to the use of external resources. Any use by you of external resources offered through the site is entirely at your own risk and you should ensure that you are familiar with and approve the terms under which the tools are provided by the relevant third-party supplier(s). We may also, in the future, offer new services and/or resources through the site (including the launch of new tools and resources). These new resources and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include third-party content. Third-party links on this site may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not guarantee and will not have any liability for any content or third-party sites, products, or services. We are not responsible for any damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please read carefully the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, concerns, or questions about third-party products should be directed to third parties
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request or not, you send certain content (for example, contest entries), send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restrictions, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We have no and will not have any obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates the intellectual property of any party or these Terms of Service.
By using our site, you agree that your comments will not violate any rights of third parties, including copyright, trademark, privacy, personality, or other personal or property rights. You also agree that your comments will not contain libelous or otherwise illegal, abusive, or obscene material, nor will they contain any computer virus or other malware that could in any way affect the operation of the Service or any related site. You must not use a false email address, impersonate any person other than yourself, or otherwise mislead or induce third parties regarding the origin of any comments. You will be solely responsible for any comments you make and their accuracy. We assume no responsibility for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
The submission of personal information by the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related site is inaccurate at any time without prior notice (including after you have completed your order) . We do not assume any obligation to update, correct or clarify information in the Service or on any related site, including, without limitation, pricing information, except as required by law. No update or specified update date applied in the Service or on any related site should be considered to indicate that all information in the Service or on any related site has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, it is also prohibited to use the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any local international, federal, provincial or state regulations, rules, laws or decrees; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, discredit, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability; (f) to send false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related site, other sites or the Internet; (h) to collect or track the personal information of others; (i) to send spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related site, other sites or the Internet. We reserve the right to terminate the use of the Service or any related site for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that the use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.
You also agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without prior notice and expressly agree that the use or inability to use the service is at your own risk. The service and all products and services provided to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Smartifier Lda, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, loss of data, replacement costs or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or products purchased using the site, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available through the service, even if advised of the possibility. Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Smartifier Lda and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorney's fees, incurred by third parties due to or arising from the violation of these Terms of Service or the documents they incorporate by reference, or from the violation of any law or the rights of third parties.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be illegal, void or unenforceable, such provision shall, however, be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed separate from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive. to the termination of this contract for all purposes. These Terms of Service are valid unless and until they are terminated by you or by us. You may also terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you stop using our site. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this contract at any time without prior notice and you will remain liable for all amounts due and including the date of termination; and/or, therefore, may deny you access to our Services (or any part thereof).
SECTION 17 - COMPLETE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operational rules published by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals , whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - APPLICABLE LAW
These Terms of Service and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws of Portugal.
SECTION 19 - CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes on our site. It is your It is your responsibility to check our website periodically to see if there are any changes. Your continued use or access to our website or Service after the publication of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to geral@smartify.pt