Condições gerais

smart

Terms and conditions

1. Introduction

smart UK Automotive Ltd isa company registered in England and Wales under company number 13311396 having its registered office at The Pinnacle, Midsummer Boulevard, Milton Keynes MK9 1BP, United Kingdom (" smart" or " Us"/" We"). smart offers different Digital Services to use in or with a Vehicle (as defined below). Depending on the model, model year and country of the Vehicle, some Digital Services are part of the basic Vehicle configuration and are available in every Vehicle. Additional Digital Services can be purchased and/or downloaded from the smart Store.
These terms for the supply of digital services (" Digital Terms") govern the relationship between smart and a user (" You" or " Your") for the purchase and/or download and use of smart's Digital Services, regardless of whether You are a Primary User, a Secondary User or a Guest User (" Contract"). Any other terms and conditions won't apply, regardless of whether smart has expressly objected to them.

These Digital Terms don't apply:

 

  • if You are a Business Customer and We have concluded a fleet agreement with You, in which case the fleet agreement shall override these Digital Terms. These Digital Terms shall only be applicable where the relevant fleet agreement does not deviate from these GTC and insofar as it does not refer to Consumers;

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  • to smart's new car warranty as this is subject to its own terms (" Warranty Terms" );

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  • to smart's Integrated Service Package (" ISP" ) as it is subject to its own terms (" ISP Terms" );

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  • to any digital content and/or services provided by any third parties under their own brand or name (e.g. certain in-car apps). If We make such digital content and/or services available to You via the Vehicle's infotainment system, the Hello smart App or via Your smart Account, these Digital Terms will only apply to the provision of access to such digital content and/or services. The purchase and use of these third party services are subject to each third party provider's own terms and conditions;

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2. Definitions

Terms defined in these Digital Services are as follows:

  1. " Affiliated Company" means any independent legal entity related to smart that is owned by smart or has a majority stake in smart or that is controlled by smart or controls smart, or which is party to an inter-company agreement with smart.


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  1. " Business Customer" means an individual or a legal entity that, when entering into the Contract, acts primarily in the exercise of its commercial or independent professional activities.


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  1. " Consumer" means any natural person who enters into the Contract for non-commercial or non-professional purposes.


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  1. " Central Display" means the Vehicle's infotainment system that can be used to manage functionality of the Vehicle and vehicle-related Digital Services via its screen.

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  1. " Digital Key" has the meaning as described in clause 5.3.


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  1. "Digital Service(s)" means any digital content and/or services offered by smart from the smart Store which can be used in or in connection with a Vehicle, including the Hello smart App.


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  1. " Guest User" has the meaning as described in clause 5.2.


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  1. " Hello smart App" means the smartphone application that shows You real-time Vehicle information like Your Vehicle's VIN (Vehicle Identification Number), its range, battery status, location, tyre pressure, the air quality inside Your Vehicle or if the Vehicle is locked. It also allows You to lock and unlock and/or start Your Vehicle. It is also a digital access point to smart, the smart Store, Your Vehicle and Your smart Account.


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  1. " Marketplace" means a marketplace platform operated by smart enabling smart and third-party sellers to offer their goods and services to customers.


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  1. " Owner" means the person registered in the national vehicle register with the Driver and Vehicle Licensing Agency (DVLA) as the Vehicle Owner or the registered keeper of the Vehicle, in the case of leased/financed Vehicles if applicable.


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  1. "Pre-Installed Service(s)" has the meaning as described in clause. 4.3.

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  1. " Primary User" has the meaning as described in clause. 5.1.


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  1. " Secondary User" has the meaning as described in clause. 5.2.


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  1. " smart Account" means the user account created at the https://id.smart.com website that is necessary to buy any product from the smart Store and where You
indicate if You are a Consumer or a Business Customer. Your smart Account is the basis for Your connected customer experience and it allows You to save Your individual Vehicle via the online customizer, book a test drive, buy a Vehicle, a Pre-order Voucher or Digital Services, connect to the Vehicle, buy aftersales packages, manage workshop services and use other services sold by smart. Due to the ongoing development of the smart ecosystem, the services offered via the smart Account may change from time to time.

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  1. "smart Agent" means a dealer and/or a repair service provider authorized by smart for Vehicles and Additional Products.


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  1. " smart ID" means the e-mail address and the password You set-up when You created Your smart Account (which may be changed by You at any time). The smart ID is Your personal key to the entire smart product and service range as well as the smart ecosystem.. The smart ID is subject to its own terms and condition that You can view here https://uk.smart.com/en/service/terms-of-use/. During the registration, You must indicate whether You are a Consumer or a Business Customer and ensure that any information You enter is accurate so We can contact You.

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  1. " smart Store" means smart's online-shop hosted at https://uk.smart.comor via the Hello smart App for the sale of Vehicles, extras, Digital Services or of pre-order vouchers including the Marketplace; both are under continuous development and may change from time to time.

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