Terms and conditions

Preliminary Information

This document, together with all referenced documents, is titled "Terms and Conditions," is binding, and defines the rules that will govern the relationship between SmartNest, as the seller, and you, as the Client, who decides to purchase Products from our Website. By browsing our Website or placing an Order, you commit to complying with this Agreement and all policies referred to within it.

We reserve the right to modify these Terms and Conditions at any time without prior notice. Therefore, we recommend accessing this page periodically to read the latest version. The Terms and Conditions in effect at the time of placing the Order will apply to your Order. Accessing the site implies unconditional acceptance of the Terms and Conditions described below. If you do not accept these Terms and Conditions, we will not be able to enter into a Contract with you, and therefore, we will not be able to provide the products you request or respond to certain requests you may have.

This document was last updated on 01.03.2025.

 

Company Information

NEXTTHINGS SRL
Address: Municipality of Cluj-Napoca, Traian Vuia Street, No. 42, Cluj County, Postal Code 400387
Trade Register Number: J12/1420/2024
Unique Tax Registration Code: 49790964
Email: nextthings.office@gmail.com
Phone: 0753128434


Definitions

For the purposes of these terms and conditions, the following words, used with capital letters, are defined as follows, unless expressly stated otherwise:

SmartNest refers to the trade name of NEXTTHINGS SRL, a legal entity of Romanian nationality, headquartered in Cluj-Napoca, Traian Vuia Street, No. 42, Cluj County, Postal Code 400387, registered in the Trade Register under number J12/1420/2024, with unique tax registration code 49790964, email nextthings.office@gmail.com, and phone number 0753128434.

Client refers to any natural person over the age of 18, legal person, or legal entity that creates an Account on the site and places an Order to purchase one or more Products.

Account refers to the section of the site accessible to the Client using an email address or a Username and password for identification, allowing the Client to place an order and containing information about the Client and their history on the Site (e.g., Orders, invoices, etc.).

Order refers to an order placed by the Client through the Website, by which the Client expresses their commitment to purchase one or more Products, under the conditions set forth in this document and/or agreed upon with SmartNest through a remote communication method.

Contract refers to the distance contract concluded between SmartNest and the Client, without their simultaneous physical presence, regarding the sale and purchase of one or more Products from the Site, by placing an Order by the Client and its acceptance by SmartNest, in compliance with legal provisions and the terms and conditions for the online sale of Products by SmartNest.

Commercial Communications refer to any type of message sent (such as email/SMS/phone/mobile push/web push, etc.) containing general and thematic information, information about similar or complementary products to those you have purchased, information about offers or promotions, information about Products added to the Cart section, as well as other commercial communications such as market research and opinion surveys.

Username refers to a pseudonym that a Client will use to create an Account and through which they can add Reviews on the Site.

Price refers to the equivalent value of the Products, claimed and requested by SmartNest, as properly indicated on the product page of the Site.

Products refer to any goods or services that SmartNest provides to the Buyer for purchase, for a fee, through the website.

Reviews refer to a written evaluation by a Client who has purchased Products, drafted based on their personal experience and their ability to provide qualitative comments and state whether the Products meet the specifications mentioned by the manufacturer.

Site refers to the website owned by SmartNest and hosted at the web address the-smart-nest.com and its subdomains.

Transaction refers to the collection or refund of an amount resulting from the sale of Products by SmartNest to the Client, regardless of the payment and delivery method.


Contractual Document

The contract between you and SmartNest is concluded when your Order is expressly accepted by SmartNest and you receive an email confirming the Order.

We reserve the right to unilaterally decide, without providing a reason, whether to conclude or accept a Contract. We will have no liability to you if we refuse to process an Order. Ownership of the Products will be transferred to you upon delivery, only after you have made full payment for the products, including delivery costs.

To legally place an Order on our Website, you must:

  • Be over 18 years old and/or have full legal capacity;

  • Agree to this Contract and all referenced documents;

  • Provide us with real, complete, and up-to-date identity and contact information.

The Site does not sell products to minors. If you are under 18, please have a parent/guardian place the Order on your behalf or authorize the placement of an Order.

 

General Conditions of Use

The website the-smart-nest.com is a public site that can be used by anyone interested in purchasing one or more Products sold by SmartNest.

We reserve the right to refuse or restrict access to certain subsections or features of the website for a visitor or client if there are reasons to suspect an attempt at fraud or a policy violation of the Site. Additionally, access will be refused or restricted when we reasonably suspect that certain actions attempt to harm our interests.

We expressly prohibit any abusive use of our site. Abusive use refers to any action or inaction that violates the rules stated in this Contract or any existing policy on the site, any action that goes against good faith in commercial or contractual relationships, or any action that violates applicable law or good practices.

 

Online Order

By placing an Order, you express your desire and agreement to enter into a Contract with SmartNest.

An Order is placed by adding Products to the cart and completing the necessary steps to finalize the order and payment. If you contact us by phone to place an order, SmartNest will send you an email with its details. If you do not respond to the email within 24 hours to modify or cancel it, the order will be considered confirmed, and the Terms and Conditions of this Site will be automatically accepted.

An order may consist of one or more Products. For products with variations or different quantities, you will need to select the desired option, and if you wish to order multiple Products of the same type, you can do so before adding the Products to the cart, on the specific Product page, or in the Cart section of the Site.

To place an Order on the website the-smart-nest.com, you need to create an Account. This can be done before placing the Order on the dedicated Account page or during the checkout process. An Account is created using a Username, an email address, and a password. When creating a user Account, you must provide real, complete, and up-to-date identity and contact information. Otherwise, the Account may be considered a violation of the Terms and Conditions and may be immediately closed. You are responsible for keeping the password used to create the Account secure and for any actions taken under the user Account. You agree not to disclose the Account password to any third party. You must notify SmartNest immediately if you become aware of a security breach or unauthorized use of your user Account.

We reserve the right to validate Orders before fulfilling them and will contact you by phone, email, or another available method, and you expressly agree to this right of SmartNest.

The order will be considered complete once the full payment for the Products in the Order has been made, but only when the corresponding amount has actually been credited to our account.

We may cancel an Order placed by you, with simultaneous or subsequent notification, and without this cancellation incurring any liability on our part towards you, in the following cases:

  • The bank that issued your card does not accept the Transaction in the case of online payment.
  • Our payment processor does not validate or invalidates the Transaction in the case of online payment.
  • The data you provide when placing an Order is incomplete or incorrect.
  • You do not confirm the Order when we contact you for this purpose.

If after placing an Order you realize that the provided information is incorrect or incomplete, you have the option to contact us by phone (0753128434) or by email (nextthings.office@gmail.com) to correct or complete it. However, to avoid order cancellation, you must contact us as soon as possible after placing the Order.

 

Products on the-smart-nest.com

The Product images displayed on the Site are for informational purposes and may include accessories that are not part of the standard packages. SmartNest makes every effort to accurately present the information on this site. We recommend reading the product descriptions to fully understand their features.

We cannot guarantee that all Products listed on the Site at any given time will always be available for purchase. We reserve the right to discontinue the sale of certain Products at any time.

We will not be liable to you if a Product is no longer available on the Site. While we strive to update product availability information on the Site in real-time, we cannot guarantee that these updates will always be immediate. All Orders depend on product availability in stock.

If Products become unavailable after you have placed an Order, we will notify you as soon as possible and suggest similar Products of equal or comparable value that you may order instead. If you do not wish to purchase the recommended alternative Products, we will cancel your order and, if you have already made a payment, we will proceed with the refund as soon as possible.

 

Prices, Invoicing, Payment, and Delivery

The Product prices are displayed in RON on the Site and include value-added tax (VAT).

If there is an error regarding the displayed Price on the Site, we will inform you as soon as possible and either refund the overpaid amount or request an additional payment. If the new Price is not satisfactory to you, you do not respond to our request, or we cannot contact you, we will cancel your Order and refund the amount paid as soon as possible.

Product Prices may be updated or modified at any time, and any update or modification will replace previous Prices. The Prices applicable to your order are those in effect at the time the Order is placed.

According to Law no. 571/2003 on the Fiscal Code, the invoice issued to the Buyer is in electronic format, and acceptance of the Terms and Conditions automatically implies acceptance of receiving the invoice electronically. Upon request via email at nextthings.office@gmail.com or by phone at 0753128434, we can include the invoice in the package.

Payment for ordered Products can be made as follows:

  • Online payment by bank card
  • Cash on delivery

If you choose to pay online by bank card, your card data is processed through the secure Shopify Online POS application, and SmartNest does not store any information related to your card.

If you choose cash on delivery, you will pay the courier in cash or by card, depending on the payment options available with the courier.

Shipping or delivery fees are not included in the Price, except in certain promotions that will be communicated to you through the Site, if applicable. For more information about our delivery policy, please refer to the "Delivery Policy" section on our Site.

Deliveries are not made on Saturdays and Sundays. Please note that, in certain situations, especially during holidays or Black Friday, delivery times may be extended due to courier service congestion or other reasons beyond our control. Any delivery delays will not be due to our actions or inactions but rather external events. In such cases, you agree not to hold us liable under any circumstances.

 

Warranty

All Products sold by SmartNest come with warranty conditions in accordance with the applicable laws.

 

Right of Withdrawal

According to Government Emergency Ordinance (OUG) 34/2014, you have the right to withdraw from the contract, meaning you can return a Product or cancel a service within 14 calendar days, without providing any reason and without incurring any costs other than the delivery charges.

As stated in OUG 34/2014, the return period for a Product or cancellation of a service expires 14 days from:

  • The day you take physical possession of the last Product – if you placed a single order for multiple Products that are delivered separately.
  • The day you take physical possession of the last Product or last piece – if the delivery consists of multiple lots or pieces.

You can withdraw from the contract by contacting us via phone or by sending an email that includes the following information: a clear statement expressing your withdrawal request, the Order date/receipt date, your full name, your address, and the date of the request.

For more details on how to exercise your right of withdrawal, please refer to our Return Policy section on our website.

SmartNest reserves the right to withdraw from the Contract at its own discretion, regardless of the reasons behind the decision.

 

Transfer of Ownership of Goods

Ownership of the Products will be transferred upon their delivery, after you have made the payment and the money has been credited to SmartNest's account, at the delivery location specified in the Order. Delivery will be considered completed once you sign the transport document provided by the deliverer.

Commercial Communications

SmartNest may send commercial communications via email containing information regarding Products, information about offers or promotions, details regarding Products added to the Cart section, as well as other commercial communications such as market research and surveys.

However, SmartNest will send these commercial communications only with your explicit consent.

You can modify your preferences regarding commercial communications at any time by the following methods:

  • By accessing the unsubscribe link displayed in the Commercial Communications received
  • By contacting SmartNest

 

Reviews

Writing Reviews can be done by a Customer who has purchased Products in the dedicated sections on the Product web pages. The information submitted can be both positive and negative, and it will refer to the features and usage of the Products.

When submitting a specific Review on the Site, the Customer grants SmartNest a non-exclusive, perpetual, irrevocable, unlimited territorial license and gives SmartNest the right to use, reproduce, modify, adapt, publish, translate, distribute, and display this content.

Each Customer, when submitting Reviews, agrees to follow the following rules:

  • To refer only to the features and/or the usage of the Products
  • To ensure that the information provided is realistic, correct, non-deceptive, and in accordance with applicable laws, thus respecting the rights of other parties, including copyright, trademark, license, or other proprietary, advertising, or privacy rights
  • To use this feature solely to express their opinion about certain Products on the Site, without referring to other companies promoting the sale and purchase of Products
  • Not to submit information and/or details about URLs (links) from other commercial websites engaging in the same commercial activity as SmartNest
  • Not to submit Reviews containing advertising material
  • Not to use Reviews as a means of communication with SmartNest; for this purpose, the contact details of SmartNest listed on the Site should be used

If SmartNest finds that a Customer has violated the Terms and Conditions regarding Reviews, it may delete the Review that does not comply with the rules on the Site.

Any complaints or claims related to Products purchased by Customers cannot be subject to any Review; Customers must follow the specific provisions in this Agreement for the prompt and amicable resolution of such claims/complaints.

 

Intellectual Property

The entire content of the Site is the intellectual property of SmartNest. The Site may be used by third parties only for informational purposes and/or placing orders.

Users of the Site do not have the right to download, modify partially or fully, reproduce partially and/or fully, copy, distribute, sell, or exploit the Site in any manner contrary to SmartNest's interests, whether or not there is a commercial purpose.

Any content (including, but not limited to databases, graphic elements, trademarks, legal content) is the intellectual property of SmartNest. The entire Site is protected by Law No. 8/1996 on copyright and related rights, and for any violation of intellectual property, we reserve the right to notify the competent courts to recover the full damage, as well as to file a criminal complaint with the judicial authorities to hold the offender criminally responsible.

 

Liability

All information found on the website the-smart-nest.com is for informational purposes, and SmartNest assumes no responsibility or liability for any potential damages that may arise from the improper use of Products purchased through the website.

 

Force Majeure and Fortuitous Events

We will not be held liable for any delays or failures in the performance of our services if a force majeure or fortuitous event occurs. Force majeure includes, but is not limited to, changes in laws or regulations, embargos, wars, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, epidemics, pandemics, weather conditions, and actions of hackers or internet service providers.

 

Applicable Law, Complaints, and Disputes

This Document is governed by Romanian law and is written in the Romanian language. In the event of any disputes between SmartNest and the Customers, an amicable resolution will first be attempted.

Thus, for complaints or claims related to Products purchased, Customers have at their disposal the option to send their complaint via email to nextthings.office@gmail.com. The maximum term for resolving complaints or claims by SmartNest is 30 calendar days from the date of receipt.

If Customers do not receive a response within the 30 days from SmartNest, receive a response after this period, or are dissatisfied with how SmartNest handled the complaint, they may resort to alternative dispute resolution (ADR) procedures, as outlined below, and subsequently to the competent courts.

ADR refers to an alternative mechanism to the judicial system, which offers consumers the possibility to resolve disputes they may have with traders when dealing with a problem related to the purchase of a product or service. Complaints against traders are voluntarily submitted by consumers and are to be resolved in an independent, impartial, transparent, swift, and fair manner. For alternative dispute resolution, the Customer's complaint can be submitted in writing directly to the Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection at the following contact details: Address: Bucharest, Aviatorilor Blvd. no. 72, Sector 1, postal code 011865, phone: 021.307.67.69; fax: 021.314.34.62, email: dsal@anpc.ro. The Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection is competent to resolve national and cross-border disputes arising from sale contracts or service contracts entered into with a trader who operates in Romania.

Considering the provisions of Regulation (EU) No. 524/2013 on the online dispute resolution for consumer matters and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, the Customer has the option to opt for out-of-court resolution of any disputes by using the European Online Dispute Resolution platform (SOL platform). The European Online Dispute Resolution platform (SOL) is provided by the European Commission to enhance the safety and fairness of online shopping, offering access to quality tools for dispute resolution.

If an amicable or alternative resolution of the complaints/disputes is not possible, or if mutual consent cannot be reached, the disputes will be resolved by the competent Romanian courts in Cluj.

 

Final Clauses

This Contract is binding. You may not transfer, assign, encumber, or otherwise dispose of this Contract or any of your rights or obligations arising from it, without our prior written consent.

These Terms and Conditions constitute the entire agreement between you and SmartNest regarding the subject of any Contract and replace any other agreement, whether verbal or written, between you and SmartNest.