Terms and Conditions
1. Interpretation – Trading Terms – Definitions
NYC Reycling Bins is a trading names of Smartup Cities Inc.
This website is operated by Smartup Cities Inc.
“Buyer” means the person or company who accepts the Seller’s Quotation for the sale of the Goods or whose Order for the Goods is accepted by the Seller.
“Goods” means the goods which the Seller is to supply in accordance with these Terms.
“Order” means the Buyer’s acceptance of the Seller’s Quotation for the Goods or the order placed by the Seller for the Goods whether by means of the Seller’s catalogue or web site which the Buyer accepts.
“Customised Products” means any products ordered by or supplied to the Buyer which have been either custom made or ordered from a third party or tailored to meet specific requirements stipulated by the Buyer.
“Non-Customised Products” means any products which are not Customised Products.
“Seller” means Smartup Cities Inc.
“Terms” means the standard terms of sale set out in this document and includes any special terms agreed in writing between the Seller and the Buyer.
Any contract made with the Seller for the sale of goods or work shall incorporate and be subject to these conditions and any representation or warranty, written or orally made or given prior to the contract is hereby expressly excluded and all brochures, specifications, drawings, catalogues, particulars, shapes, descriptions and illustrations, price lists and other advertising matter are intended only to present a general idea of the goods described therein.
Specifications quoted by the Seller must be treated as approximate only and the Seller reserves the right to amend without notice at any time prior to delivery, the specifications, material and/or process of manufacture of its product.
2. Price – Payment
All prices are exclusive of transport, packing and Sales Tax (FOB site of shipment)
The Seller reserves the right to vary its prices without notice to the Buyer and the price payable by the Buyer shall be the price ruling at the date of delivery.
If the Buyer accepts the Seller’s Quotation then the prices contained therein are only valid for the period of 30 days from the date of the Quotation. If the Buyer wishes to order the Goods stated in the Quotation after this period then a new Quotation should be obtained or an enquiry made as regards the price of the Goods upon making an Order.
The Buyer shall be responsible for any charges for VAT, carriage and insurance in addition to the price for the Goods unless otherwise agreed in writing between the parties.
For all customised products we require full, non-refundable, payment at the time the order is placed.
For all customised products the order is confirmed and cannot be cancelled or returned after the specification document or artwork proof has been approved by the Buyer.
3. Delivery – Risk – Title
Delivery of the Goods shall be made by the Seller to the address of the Buyer as stipulated on the Order, or by Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection. A signature indicating safe receipt of the Goods will be required on delivery or collection.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Seller shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Seller with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
If the Seller fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
Claims in respect of incomplete or incorrect supplies must be notified to the Seller as soon as possible and in any event not later than 7 (seven) days after receipt of the goods at the place of destination.
All products must be fully inspected for any damage or inconsistencies upon receiving them. Any claim must be dully noted on the delivery note. Once the driver left, any claims that were not noted on the delivery note will be rejected.
The Seller reserves the right to levy a 15% handling charge on any goods returned for credit.
The risk in respect of all goods sold under the contract shall pass to the Buyer upon shipment of the goods by the Seller, its servants or agents.
Title will transfer upon full payment of the Order and shipment of the goods.
4. Cancellation – Returns
The Buyer shall be entitled to cancel the Order for Stocked Products by giving to the Seller notice of cancellation within 30 days of the date of collection or delivery. Customised Products cannot be returned or cancelled once the production process have started.
Such notice may be given by using any of the contact details below:
Where the Buyer returns Goods to the Seller for reasons other than such Goods being defective or faulty, The Seller will only accept unwanted products at its sole discretion within 30 days of delivery. The goods must be unopened, in a saleable condition and will be subject to a restocking fee of 50€ or 20% whichever is the greater.
5. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which the Seller excludes its liability to you, the Buyer) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with French Law.
Assignment and other dealings.
i) The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with any or all of its rights or obligations under the Contract.
ii) The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Supplier.
Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the Supplier.
Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent/restrict the further exercise of that or any other right/ remedy.
As part of our on-going commitment to providing you with the highest levels of quality and service, some calls may be monitored or recorded for staff training requirements.
Data Protection: we have obtained your details from our customer list, enquirer records or from a third party business list. We may use your details to contact you from time to time to inform you of our products or services which may be of interest to you. If you wish to change any of your information or do not wish to continue to be part of our marketing programme please write or e-mail, using the contact details below.