1. Definitions


1.1. In this page, the following capitalized terms below will have, unless the context otherwise indicates, the meanings specified below:

TRADEMARK(S): represents the trademarks of the Smart Balance Brand, such as, but not limited to the name Smart Balance, Logo, USPs, etc.

SITE/WEBSITE/ONLINE SHOP: represents the Internet address belonging to Smart Balance, which is located on the online domain www.smartbalanceshops.com (and each breadcrumbs link thereof), through which the USER has access to information on services and products offered / provided by Smart Balance in the network of Smart Balance stores, both offline and online.

The Smart Balance Brand is owned and operated by Evo Belgium, company headquartered in Romeinsesteenweg 464 bus 2, 1853 Grimbergen, Belgium and having the Unique Registration Code BE0746715205.

USER: represents the person who accesses the SITE, for private or professional purposes and who has accepted the TERMS AND CONDITIONS of this SITE, fulfilling in this sense all the requirements of the registration process;

ABUSIVE USE: represents the use of the SITE in a way contrary to the basic practice in the field, of the regulations and of the legislation in force or in any other way that can produce Smart Balance damages to, included but not limited to brand image, finances, abusive/repetitive orders, etc.

2. Site content

2.1. The information published on the SITE is information of general interest about Smart Balance, the products sold by the seller, its partners as well as other information considered by Smart Balance to be of interest to USERS.

2.2. The information is usually made available to USERS, free of charge. Smart Balance reserves the right to implement certain services on the SITE that will be offered for a fee to USERS. Where the case, the SITE will notify the USER prior to the USER being able to accessing such paid SERVICES.

2.3. EVO BELGIUM is the owner of all intellectual property rights over the SITE, respectively over its design and content as well as over all Trademarks registered in the name and published on the SITE

The USER has the obligation to respect all the intellectual property rights of Smart Balance, provided by the legislation in force.

3. Use of the site

3.1. The USER undertakes to access and use the SITE for purposes and by means that do not constitute an abusive use.

  4. Limitation of liability 

4.1. Responsibility for the content of the SITE. Smart Balance is not and cannot be held liable for damages caused by errors, inaccuracies or non-updating of information published or maintained on the SITE.

4.2. If the prices or other details regarding the products / promotions were displayed incorrectly, including due to the fact that they were entered incorrectly in the database, we reserve the right to cancel the delivery of the respective product and to notify the customer by phone / e- mail as soon as possible, about the error. 

4.3. The characteristics of the products presented on the SITE are taken over / made available by manufacturers and / or suppliers and Smart Balance does not assume responsibility for the correctness of this information. 

4.4. The prices of the products on this SITE are informative and may undergo unannounced changes. The promotions presented on the SITE are valid in the mentioned time period / in case a time period is not mentioned, they are valid within the limits of the available stocks or until revocation. The prices displayed on the SITE are not identical to those in the Smart Balance offline store network, so there may be differences between the price of the product displayed on the SITE and the one displayed in the Smart Balance store network. Orders whose products ordered on the SITE have a lower price than the one displayed in the Smart Balance stores remain valid and will be honored in the order of their registration on the SITE and depending on the stock limit available for each product in the order. All products presented on this SITE are available within the available physical stock. In case of stock depletion, the Smart Balance representative will offer alternatives by presenting other similar products in terms of appearance and technical specifications with the ordered product whose stock has been depleted. Such stock differences may appear (although not likely to) because Smart Balance Products are sold in over 40 online shops and marketplaces throughout Europe. We do our best to technically update product stocks as frequent as possible. 

4.5. Product Images. Smart Balance undergoes frequent Product Photo Shootings, so that to keep all online inventory updated. However, on-screen colors might slightly differ from the product live color due to the large number of screen types and screen settings that the USER might have on his/her device/terminal. 

4.6. Pre Orders. Smart Balance may launch pre-ordering on new products, with a special promo price. Such products can be purchased before launch or before the certain product is physically in our warehouses or headquarters. Smart Balance reserves the right to change the release date and price of the product without notice. Pre-ordered products are added to the cart in the same way as any other product in the online store. By making a pre-order, you make sure that you will receive the product immediately after launch and that you will benefit from the advertised sale price. The pre-ordered products will be delivered, on the day of launch or within 2-4 working days from launch. Pre-orders are paid in the same way as a default order, through any of the accepted payment methods. In any of the situations (Bank Transfer, Paypal, Online Credit/Debit Card, Wallets (e.g. Apple/Google Pay, Klarna, etc.) it is necessary for the USER to wait for confirmation by phone or email, when the product becomes available. You can cancel a pre-order at any time. If the latter has already been paid, you can choose to return the amount or credit your account for another order.

4.7. Smart Balance reserves the right to complete and modify any information on the SITE.

4.8. Smart Balance is not liable for any loss, costs, lawsuits, claims, expenses or other liabilities, if they are directly caused by non-compliance with the Terms and Conditions.

4.9. Smart Balance is not responsible for the damages created as a result of the non-functioning of the Site as well as for those resulting from the impossibility to access certain links published on the Site. Our Hosting Provider has a 99.9% Uptime Guarantee, and our general uptime is 100% but in some cases (maintenance, server upgrades, etc.), Smart Balance has to temporarily shut down its service in order to perform the actions mentioned. 

5.0. Using the Internet Browser. Smart Balance guarantees the optimal use and is technically optimized to run best on Google Chrome, Edge, Mozilla and Opera (latest stable versions) as well as on browsers dedicated to IOS and Android mobile terminals.

5.1. The payment methods for completing an online order are: 

Bank Transfer: By Selecting this payment method, your ordered products and quantities will be reserved for a number of 3 working days. This payment method requires payment to be done by the USER, in the SITE Bank Account. Details are sent on-screen, upon order confirmation and via email, to the email address with which such order might be placed. Order reservations which cannot be mapped with payments within 3 working days, will be cancelled and their stocks will be updated to be sold online and offline. 

PayPal: The USER can pay using his/her PayPal account, via secure PayPal dedicated integration. 

Online Credit / Debit Card and Local Payment Methods via STRIPE.COM: the USER can safely pay using his Credit/Debit Card, thanks to the Secure Payment Page of our Online Payments Processor, STRIPE.COM. Once the USER fills in the order information form and agrees to the Terms of Use, the USER's Session is redirected to the STRIPE.COM GATEWAY, where the USER can enter his Credit/Debit Card Information, or pay with a multitude of local Wallets (Apple Pay, Google Pay, Klarna, Link Payments, etc.), depending on their location and/or the availability of dedicated payment wallet accounts. 

5.5. The registration of the order (order number) represents a confirmation that we have received the USER's Order Inquiry. The next steps after receiving the USER's Order Inquiry are:

Order Confirmation: Our operators reserve stock equal to the order's quantity;

Order Processing: If stock is sufficient, the order is sent to our Processing Department, for the Pick and Pack Process to be fulfilled.

Document Creation: Once the stock has been confirmed, the SITE automatically generates the invoice and shipment labels. We ship with DPD INTERNATIONAL from our Belgium Headquarters and Warehouse. 

Order hand over: Once per day, our processed orders are picked up by Couriering Partners, and shipped in 1-4 working days throughout Europe. 


5.6. During the Easter holidays, Black Friday event, Winter Sale, Spring Sale or Warehouse Clearance promotions (also called Busy Periods), it can take up to 7-8 working days to process and hand over an online order. We thank you in advance for your 

6. Data Collection: Accessing the SITE www.smartbalanceshops.com - implies the acceptance of the USERS that their personal data be kept and processed by EVO BELGIUM and its partners, solely in order to process their order inquiry. Newsletter Subscriber Email will be kept and processed by EVO BELGIUM and its partners, solely for the purpose of keeping the USER (who double-opted-in) informed with regards to New Products, Promotions, Exclusive Vouchers and Events Organized by EVO BELGIUM. Payment Data is not stored or processed by EVO BELGIUM, instead it is processed and stored by our Payment Partners (PayPal and Stripe), solely for the purpose of Order Payment. 


7. Restricted access and unsubscription - there are areas on the site that require registration (see Registration) or subscription (see newsletter). In the case of the newsletter, each edition / alert also contains a clear and direct link to unsubscribe; once accessed, unsubscribing is applied immediately, no further confirmation from users is required. 


8. Cookies - the SITE uses cookies with the following purposes: 

8.a. Website functionality and adaptive design; 

8.b. Behavior Analysis (no personal data is fetched). 

8.c. Online Advertising

8.d. Customer journey Analysis (no personal data is fetched). 

Other security issues related to cookies:

- Customize your browser's cookie settings to reflect a level of cookie security that is comfortable for you.

- If you are the only person using your computer, you can set, if you wish, long expiry times for storing browsing history and personal access data.

- If you share access to your computer, you may consider setting your browser to delete individual browsing data each time you close the browser. This is a variant of accessing sites that place cookies and deleting any visit data when you close your browsing session.

9. Product Reviews/Comments

Our products and brand can be reviewed publicly on Google, Facebook and on our Online Shops, including on the domain smartbalanceshops.com.

We appreciate both positive and negative reviews equally, as our main goal is for the customer to be satisfied with the added value brought by our products and services. 

Please note that, being a public online shop, with public review/comments forms, Smart Balance cannot control or verify reviews/comments. 

Reviews might be published from customers of our online shops, customers of Online Marketplaces, customers of Resellers or Offline Shops, or Users of our products. 

Reviews can be posted in different languages and can be translated by using your browser settings. 

Reviews are automatically moderated by a monthly technical cronjob, and will automatically be erased if they contain offensive / bad words / racist-specific words. After the automated moderation, reviews are manually filtered so as to remove any offensive/racist/inappropriate/nudity photos comments that might have been missed by our automated tool. During the manual moderation, stars/grades are hidden, so that our operators do not filter out negative reviews. Our internal review policy is to publish all acceptable content, regardless of grade. 

 

EVO Belgium SNC
VAT 0746715205
Address: Romeinsesteenweg 464 bus 2, 1853 Grimbergen, Belgium
Telephone: +32-470-861-485
Email: sales@smartbalanceshops.com