Terms & Conditions

TERMS AND CONDITIONS

Welcome to the smartspot.ie (smartspot.co.uk) website terms and conditions for use.
These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below.
If you do not agree to be bound by these terms and conditions you may not use or access this website.
Before you place an order, if you have any questions in relation to these terms and conditions, please contact our customer service department by email at smarties@smartspot.ie
In order to trade-in or buy items on smartspot.ie you will be asked to accept and agree to the following terms and conditions, by ticking the box marked ‘Tick to Accept Terms and Conditions’. 
This affirms that you have read, accept and agree to be bound by these Terms and Conditions when completing your transaction. If you do not accept and agree to be bound by these Terms and Conditions you will be unable to complete your business on smartspot.ie. We also recommend that you retain a copy of these Terms and Conditions for your records.
Contract and Rights
The contract between you and smartspot Ltd is formed when you complete your transaction via smartspot.ie, by submitting your order to us.
You will be presented with a ‘Thank You for Completing Your Order’ web page/screen at the point you have agreed to accept our Terms and Conditions and completed a transaction. Subsequently you will receive a ‘Thank You for Completing Your Order’ email as confirmation that you have completed a transaction.
You may not transfer, assign, charge or in any way dispose of this contract or any of your rights or obligations arising under it, without our express written prior consent, which may be electronically communicated, by way of email.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract at our discretion.
With regard to trade-ins, once we have received your items, checked them and dispatched payment for them to you, then ownership of the items passes immediately and irrevocably to us.
We reserve the right to:
• Modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
• Change the conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change.
It is your responsibility to check regularly to determine whether the conditions have been changed.
If you do not agree to any change to the conditions then you must immediately stop using the website.
Who can Trade-in and buy on smartspot.ie/smartspot.co.uk?
Smartspot is primarily for the use of residents of Ireland, England, Scotland, Wales, Northern Ireland, Channel Islands, Irish Defense Forces Overseas, or British Forces Overseas (BFPO). If you are based in any other country, please contact Customer Service by email at smarties@smartspot.ie. 
You must be the legal owner, or have permission of the owner to Trade-in items at smartspot. 
You must be at least 18 years old.
If you are under 18 years of age, you must have obtained your parent’s or guardian’s consent to trade your items to us for the sum indicated on our website. 
You and your parents/guardians release smartspot of any liabilities or claims that may arise if you send your items to us in breach of this warranty.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.
Smartspot.ie was NOT developed for use by businesses, organisations, cooperatives or traders (whether sole, market or otherwise). Nor is smartspot.ie intended for use by schools, or charities. If you represent one of the above and would like to trade or buy multiples of any product, please contact smarties@smartspot.ie to discuss. 
Any accounts being used by businesses, organisations, schools, charities, traders (whether sole, market or otherwise), without authorisation in writing by smartspot, may find their account blocked and any goods that we have paid for the shipping of, only being released back to the unauthorised business, organisation, school, charity, trader (whether sole, market or otherwise) upon payment of an administration charge to smartspot.
Administration charges are of the amount determined by the sole discretion of smartspot. You also accept and agree that in some cases, smartspot, will NOT be able to return unauthorised goods to unauthorised businesses, organisations, schools, charities or traders (whether sole, market or otherwise), regardless of whether an administration charge has been paid to smartspot. In such a case you accept and agree that smartspot may dispose of these goods at no charge to smartspot and to fully and without question indemnify smartspot against any loss, loss of profit, damage or liability whatsoever and howsoever arising from breach of these Terms and Conditions.
Third party links
Smartspot may or may not provide links to other websites or resources for you to access at your sole discretion via smartspot.ie 
You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

TRADE-IN AND PURCHASING OF PRODUCTS

Orders
We will take all reasonable care, to keep the details of your transactions and payment secure; but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
Electronic Contract Creation
The technical steps required to create the contract between you and smartspot are as easy as 1, 2, 3 … 4!
• You place the order for your products on the website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
• We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from smartspot Ltd. If a product is out of stock a particular variant you will be offered an alternative of similar quality

• As your product is shipped we will send you a dispatch confirmation email.
• Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions below.
• Non-acceptance of an order may be a result of one of the following:
o The product you ordered being unavailable from stock.
o Our inability to obtain authorisation for your payment.
o The identification of a pricing or product description error.
o You not meeting the eligibility to order criteria set out in the main Terms and Conditions.

Please note: Buying from smartspot and trading-in at smartspot are separate transactions. Purchases cannot be made on www.smartspot.ie based on the expected sale of a product.
Delivery Options
We currently only deliver to Ireland, England, Scotland, Wales, Northern Ireland, Channel Islands, Irish Defense Forces Overseas, or British Forces Overseas (BFPO) addresses.
For security reasons we can only send items to the billing address of the card used for payment of your order/address registered to your online smartspot account.
If you have paid via PayPal, the order will be sent to the address registered to your PayPal account.
Please note: Saturday, Sunday & Bank Holidays are not classed as a working day for either the dispatch or delivery of orders.
Contract cancellation
Once your order has been placed, you have until your order is dispatched to request for it to be cancelled. In order to request an order cancellation, please email our Customer Services at smarties@Smartspot.ie with your order number and details of what you require.
If your order has already been dispatched, please follow the 'Unwanted Items' procedure below.
Unwanted Items
If you have an unwanted item or order, please contact Customer Services within eight [8] days of receiving said items at smarties@smartspot.ie, including your order number and item(s) you will be returning.
Please note that all items purchased online can be returned to the below address or brought to any of our stores. Please send your unwanted item(s) to:
E Commerce, smartspot Ltd.,
5 Trimgate Street, Navan, Co. Meath.
After eight [8] days, smartspot reserves the right to refuse any refund or exchange requested for items which are not faulty. This does not affect your Statutory Rights.
Refunds and Returns
Items may be returned for refund or exchange provided smartspot is notified by email at smarties@smartspot.ie within eight [8] days of delivery of the item.
Smartspot must also be notified by email at smarties@smartspot.ie of any items that have been delivered incorrectly or incomplete within eight [8] days of delivery of the item.
Please note: Items for refund or exchange must be returned to smartspot.
Being notified outside of eight [8] days, smartspot reserves the right to refuse any refund or exchange requested for items which are not faulty.
Information provided must contain your order number, the title of the item/s you are returning, and the reason for return. Merchandise must be in same condition as when it was sent with all accessories and manuals that came with it, including a copy of the invoice and a short note detailing the reason you are requesting a refund or exchange.
Smartspot offers a twelve [6] month warranty on all items except consumables. The smartspot twelve [6] month warranty does not cover physical damage, water damage, or any damage caused by unlocking a mobile phone, and only covers software faults arising in the course of normal use. For further details on the conditions of the warranty, please contact us at smarties@smartspot.ie.
After twenty-eight [28] days from the point of receipt, defective merchandise will be fully tested to verify the fault. Should an item not be found to be defective it will be dispatched back to you, however should an item be found to be defective we will first seek to repair the item; if no repair can be made, we will seek a replacement item. If no replacement can be issued, a refund will be given. Repairs can take up to twenty-eight [28] working days.
All merchandise for return or refund can be sent to the following Free Post address:
Smartspot Returns,
FREEPOST,
5 Trimgate Street,
Navan,
Co. Meath.
HOWEVER, we will accept Products for Trade-In, Return and Refund in ANY smartspot Store.
All items sent to smartspot for refund or return, are made pursuant to a shipment contract.
Prior to smartspot receiving such items, the risk of loss and title for such items remains with the customer. This means that the risk of loss and title for such items passes to us upon delivery from the carrier. As such, smartspot recommends that when sending items for return or refund you use an insured and/or traceable method of transit, such as An Post Signed Delivery or Royal Mail Recorded Delivery.
Vouchers
Smartspot will accept Head Office or store vouchers. We will refund the credit card used for the order with the voucher amount.
If the value of the voucher exceeds the value of the card transaction, a balance voucher will be sent.
Please note: Vouchers sent to us to refund card transactions must be sent within 28 days of receiving the confirmation of dispatch email. 
CONDITION OF GOODS
Description of products
It is clearly stated on each product for sale on smartspot.ie whether it is a new or used product.
Each product purchased is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
Please note however, that all product descriptions and images are for display purposes only and may not represent the finished product. Any accessories listed will be for mint condition items only, and are not included on good condition, poor condition, discounted, or budget items, UNLESS STATED.
Box contents may vary; additional downloadable content listed on the box may not be included.
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information (including product descriptions) appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.
Images
Images are for illustration only. Actual item design may vary slightly from image.
Valuation
When trading-in your items, payment is made based on the value offered at the time of transaction only and is subject to your items passing our quality checks.
Smartspot’s valuations for products are the express property of the Company and the data for such valuations remains, in their entirety, vested in the Company. You agree, confirm and warrant that by valuing items on smartspot’s websites or mobile applications that you are a member of the general public and NOT a business, organisation, cooperative or trader (whether sole, market or otherwise).

You expressly understand, accept and agree that smartspot’s pricing for products (the valuation(s) or offer price(s)) shall not be used by you on any other website(s)/mobile application(s) or on price comparison websites/services; And that you will use smartspot’s valuation service to value (derive offer prices) for items that you own and are considering selling to smartspot only. No other use of smartspot’s valuation services are allowed, without question.
You understand, accept and agree that smartspot will ONLY ever honour valuations that it generates and provides. No other valuations by method or source e.g. including but not limited to, any other person, organisation, entity, system or website will be accepted or honoured by smartspot. Smartspot’s valuation of the item which is generated as an ‘offer price’ on its webservice(s) and in store is at smartspot’s sole discretion. 
CHECKMEND
All Used product sold on smartspot.ie and within smartspot stores have been checked with CheckMEND. The CheckMEND system searches datasets that contain more than 50 billion serial numbered items of property and is the most reliable method of ensuring goods are legitimate - a fact supported by its global use in the electronics recycling industry to aid with regulatory compliance and due diligence.
CONDITION OF ITEMS
The price charged for NUsed (new to you) products will vary depending on the condition of the item. 
It is broken down into five categories:
New – Brand new, never been used
Mint - As new/mint condition. Complete with original box and accessories as sold new.
Good [and Discounted] - Working in good condition with slight cosmetic blemishes.
Could be missing original packaging.
Poor [and Budget] - Working but in poor cosmetic condition. Original or 3rd party accessories supplied but missing original packaging.
Non-working - We buy non-working products. Non-working items must be intact, not crushed or snapped in half. Non-working examples: dead, cracked, broken/bleeding LCD (screen), not powering up, speaker/mic faults, broken aerial, etc. Accessories are not necessarily required. We do not sell non-working items. Non-working items are either repaired, stripped for parts to repair other products or recycled into base materials to be used again. Nothing goes to landfill.
Failed Items
Any item that fails our testing procedures will be returned (if requested) by An Post Signed Delivery, Royal Mail Recorded Delivery or can be picked up in your nearest smartspot store.
Once sent, a tracking number can be supplied on request.
Smartspot will not take responsibility for lost or damaged goods among failed items.
Trading In
Smartspot Ltd and their associates reserve the right to refuse to purchase any items at their sole discretion. Smartspot Ltd and their associates reserve the right to limit the number of purchases that are honoured to any customer at their sole discretion.
Please ensure that you are the legal owner of the goods you wish to sell, as ownership will be transferred to smartspot Ltd upon receipt of order.
Your obligation is to dispatch goods you are selling to smartspot in a timely manner.
All items bought by smartspot.ie are made pursuant to a shipment contract. Prior to smartspot.ie receiving such items, the risk of loss and title for such items remains with you until smartspot.ie receives such items. This means that the risk of loss and title for such items passes to us upon delivery from the carrier.
You must ensure that all parts of your trade-in are sent at the same time. Should we receive only part of your trade-in, we will cancel items that have not been received, and process the items we have received. Smartspot will not take responsibility for incomplete trade-ins.
Smartspot issues payment to the details the customer provides to us, and as such cannot be held responsible should payment not reach the customer due to being supplied with incorrect details.
Please note that the value we offer for your items may be reduced upon receipt depending on their condition. We may also reduce the price if the quantity being sold by a customer exceeds five [5] units within a period of one [1] month.
Your goods must be received by smartspot Ltd at the designated location within five [5] working days of your trade-in being placed. Quoted prices may vary or orders may be cancelled if goods are not received within this period.
Please note that prices quoted on our website are subject to change without notice.
Payments
To buy any product from smartspot.ie you must make payment using a valid credit or debit card.
If you wish to use a smartspot exchange voucher as part or all of your payment, these must be mailed to us or brought to your nearest smartspot store, which ever is most convenient for you. All vouchers sent to smartspot are made pursuant to a shipment contract. Prior to smartspot receiving the vouchers, the risk of loss and title for such items remains with the customer. This means that the risk of loss and title for such items passes to us upon delivery from the carrier. As such, smartspot recommends that when sending vouchers to us you use an insured and/or traceable method of transit, such as An Post Signed Delivery or Royal Mail Recorded Delivery.
Smartspot must receive the voucher/s along with a copy of the confirmation email sent to the customer once the order has been placed. Once the voucher/s have been received, provided they are valid, smartspot will issue a refund to the card used for original payment to the value of the valid voucher/s, and a confirmation email will be sent to the customer.
Should the voucher/s be invalid, smartspot will return the voucher/s to the customer and not issue a refund to the original method of payment to the value of the voucher/s.
Voucher/s must be sent to the following address:
E-Commerce, Smartspot Ltd,Trimgate Street, Navan, Co. Meath, Republic of Ireland.
If items become unavailable after placing your order, your order will be cancelled and you will not be charged.
Tracking your order
Once you have successfully placed your order and received an e-mail from us confirming this, you are able to track the fulfillment progress. Log on to your account via the shopping basket section on the homepage. You will receive an email confirmation when your items have been dispatched.
Lost in Transit Deliveries
If you have not received your order within twenty-eight [28 days] of the confirmation of dispatch email (sent to the email address registered to your account when you place the order), please contact us via smarties@smartspot.ie and we will be more than happy to rectify the situation.
In the unlikely event that an order is lost during shipment, we will attempt to source a replacement to dispatch to you. If this is not possible we will refund you the value of the missing item/s to the card used for original payment. The value refunded will be equal to the value taken for original payment of the item, and will not reflect any price changes which have since occurred.
In order to confirm that an order shipped via post has indeed been lost, we must wait 28 days before refunding it, as most 'missing' items are located within the postal system within this period. It may also be advisable to contact your local sorting office to see if they are holding the order, having already tried unsuccessfully to deliver it to you.
Please note: Some orders are shipped requiring the customer's signature upon delivery and cannot be released by the driver without this.
In order to process any refunds for items that have been lost during transit, you must contact Customer Services with your order number at smarties@smartspot.ie.
Is there a minimum order value for buying items online?
The minimum order total is €5.00/£5.00. Any orders below this amount will not be successful.
Please note this is per order, and not per item. There are no limits when trading-in online.
Applicable Law
By visiting smartspot.ie, you agree that the laws of the Republic of Ireland, without regard to principles of conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and smartspot.ie or its affiliates.
Contact
The registered company name and address are:

SMARTSPOT LTD
 FDWHouse
Blackthorn Business Park
Coes Road
Dundalk
Co. Louth
Republic of Ireland
Please view our contact page for further contact information.
Company registration number: 517826