Terms of Service
Pre-order Terms and Conditions (hereafter referred to as “the Terms”) refers to the agreement established between you (or “user”, as identified by your purchase, registration or login, whether you are an individual or enterprise) and Smallwave (hereafter referred to as “Smallwave”) and its affiliates in relation to the operation of the website (www.smallwaveofficial.com) (referred to simply as “the website”) and the pre-order of Smallwave products and other accessories (“the pre-order products”).
These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders (“Pre-Order”) with Smallwave products and other accessories (“the pre-order products”). Please read these Terms carefully before submitting your Pre-Order of any Smallwave Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
1. PRE-ORDER REGISTRATION
When placing a Pre-Order for the Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Company shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to email@example.com
You acknowledge and agree that Smallwave may decline, cancel or delay pre-orders to avoid over subscription or as it deems appropriate, provided that we will make efforts to inform you within 2 weeks prior to expected delivery date.
Pre-orders will start shipping with the actual shipping dates (see info) as soon as the pre-order window closes. The date will be annouced on the site's upper banner.
You will be charged at the time of placing the pre-order. If Smallwave is unable to commence shipping the Products, Smallwave shall process a full refund to you. Your placing of a pre-order constitutes your express agreement to Smallwave charging of your provided payment method at such time. The purchase price does not include import duties, taxes and other government charges, which are your responsibility.
Although we will make efforts to begin delivering Products as soon as reasonably practicable once our pre-order window has closed, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and Smallwave does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Smallwave is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your pre-order as provided for in Section 4 below.
Once your order has left the building, you'll receive a shipment e-mail from us containing a tracking code that you can use to locate your items until they arrive at your door.
European orders: please allow 3 to 7 working days for delivery after receiving your shipment e-mail.
International orders: please allow 7 to 14 working days for delivery after receiving your shipment e-mail. Customs may hold up your order which may cause its delivery to be delayed. Note that Smallwave is not liable for custom duties and other fees due to situations out of our control.
We partner with Bpost, PostNL, DHL International and GLS Parcel Service for getting the packages delivered. Final delivery could be handled by your local postage service.
You or Smallwave may cancel this reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If Smallwave cancels your reservation you will receive a full refund of the purchase Price without interest.
Smallwave cannot be held liable for Products not being available. Should one or more Products in an order not be available, Smallwave will inform the Customer via email or in writing that it has cancelled his or her order wholly or in part or split it.
Should Products be found to be unavailable and the Customer is informed of this but they have already paid for their roducts, Smallwave will ask his or her bank information to refund the amount paid for the products in question immediately, informing the Customer by email accordingly. How fast the refund is actually made depends on how the Customer chose to pay when making their purchase. Should the Customer find the refund is taking an abnormal length of time, they are advised to contact their bank.
Smallwave will also cancel the order if the address details are unclear, incorrect or insufficient to send the Products, Smallwave will inform the Customer via email or in writing that it has cancelled his or her order. If the customer has already paid for their Products, Smallwave will ask his or her bank information to refund the amount paid for the products in question immediately.
Customers can also cancel their order by sending an email to: firstname.lastname@example.org, according if the package has already been sent or not, Smallwave will cancel the order and will ask its bank to refund the amount paid for the products in question immediately, informing the Customer by email accordingly. How fast the refund is actually made depends on how the Customer chose to pay when making their purchase. Should the Customer find the refund is taking an abnormal length of time, they are advised to contact their bank.
In case of exchanges or returns Smallwave will help you the best they can. The cost of return and in case of exchange resend of an item is borne to the buyer. When returned Smallwave expects it in perfect condition and without damage or sign of use. Returns are only accepted when fitted, disliked and put back immediately in its original packaging. The buyer can then repack this with something else. Any sign of use more than that or signs of being washed (to cover usage tracks) will not be accepted as a return. In case of any abuse Smallwave has the right to destroy the returned items and not send exchanges. Smallwave only accepts one exchange for each client. Any abuse will result in no new sent items. By European regulations we can only accept return up until 14 days after the order was received.
Orders that have been shipped out but not accepted for whatever reason will not be refunded at the original price. We can only refund the item(s) in this case and NOT the shipping as this service has already been delivered.
As an influencer you'll have the opportunity to work with the brand by promoting it yourself and the brand with their Products. You'll also be able to earn money while doing so. You, as an influencers are a fully responsible for having either written permission from at least one of your parents or to be at least 18 years of age. If not, no payments will be made to the influencers in question and Smallwaveofficial does not have to refund the person at fault.
Influencers get a discount which can ONLY be used by them. They can not share this in any way with someone else. If Smallwave notices abuse of this discount code, we may cancel any order that has used this code unrightfully.
The influencer discount will be available for at least one month at its max possible and can be extended for longer in mutual agreement between Smallwaveofficial and the buyer. Smallwave has the right to cancel it after one month or to extend it for longer.
Smallwave keeps the right to promote influencers in any way they want if and when they want, but are NOT obliged to promote them. Influencers promote themselves in the first place.
Infleuencer CAN NOT work with (similar) clothing brands for promotional purpose for the time they are promoting Smallwave. Smallwave can cancel the collaboration and will not refund the item in any case. No promotions will be made.
6. Prices and invoices
Prices are those as shown on Sites at the moment the Customer places their order. Prices stated during the purchasing process are expressed in euros and include VAT and administrative costs unless expressly stated otherwise. Product and service prices do not include transport costs: these will be charged separately, and the Customer must pay them in addition to the purchase price. Any discount the Customer is allowed will be deducted from the price of the products, not from the transport costs. Smallwave reserves the right to vary selling prices and transport costs at any time, although the Products purchased and costs will always be invoiced as stated in the email which confirms the order. These are the prices that apply at the time of purchase, provided the Products were available. The Customer agrees to Smallwave sending its invoices electronically; but if the Customer would like a hard copy invoice, they can simply request one via email@example.com. Products will remain Smallwave's property until such time as the Customer pays for them in full, i.e. until they pay the purchase price and costs in full.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL Smallwave BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT Smallwave IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST. Smallwave ALSO WILL NOT BE RESPONSIBLE FOR ANY INAPPROPRIATE USE OF ITS PRODUCTS, ANY INCIDENTS, INJURIES OR UNFORTUNATE SITUATIONS.
8. Customer Information
Smallwave DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOTYPE PRODUCT DISPLAYED BY Smallwave WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN SECTION 4 ABOVE.
10. Changes to the Terms
Smallwave reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 6 above.
11. Miscellaneous Provisions
These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the country of Belgium at the District Court in Brussels, Belgium in accordance with the Arbitration Rules of the District Court in Brussels, Belgium for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be Brussels. The arbitration panel shall consist of [one (1)] arbitrator and the language of the arbitration shall be English.