Terms and Condition
By using the Services, you declares that they have read, understood, and accepted these T&C.
These Terms and Conditions of Use (the “T&C”) constitute a legal agreement between you (the “User”) and smarkt (“smarkt,” “we,” or “our”) regarding your access to and use of the products, hardware, software, websites, mobile applications, and other services offered by smarkt (collectively, the “Services”). By using the Services, the User declares that they have read, understood, and accepted these T&C, along with the Privacy Policy, the Returns and Refunds Policy, and any other applicable policy or legal notice.
1. Requirements and Scope
smarkt's Services are intended for individuals over eighteen years of age with full legal capacity under applicable law.
Use of the platform constitutes express acceptance of these T&C.
smarkt may modify these T&C at any time by notifying the User at least thirty (30) calendar days in advance via email or publication on the platform. Continued use after such notice constitutes acceptance of the changes.
2. Description of the Services
smarkt directly sells technological products, hardware, software, components, and devices that may be purchased through the website https://smarkt.tech and other official digital channels.Products may be paid for in national currency, foreign currency, or cryptocurrencies, depending on availability. The User is responsible for verifying the compatibility of their payment method or digital wallet before completing the transaction.
3. License and Usage Rights
smarkt grants the User a non-exclusive, revocable, and non-transferable license for personal use of its products and Services.
The User may not modify, copy, distribute, sublicense, decompile, or reverse-engineer any systems, software, or components provided.
All intellectual property, trademarks, logos, code, interfaces, designs, documentation, and related materials are the exclusive property of smarkt or its licensors and are protected under Mexican copyright and industrial property laws and applicable international treaties.
4. Registration and Security
The User must create an account on the smarkt platform using truthful and updated information. The User is responsible for maintaining the confidentiality of their credentials and all activity conducted under their account.
In case of loss, theft, or suspected unauthorized access, the User must immediately notify [email protected] for account blocking and recovery.
5. Payments and Invoicing
smarkt accepts payments in Mexican pesos (MXN), U.S. dollars (USD), and cryptocurrencies such as Bitcoin (BTC), Ethereum (ETH), Tether (USDT), and others enabled on the platform.
Payments made in cryptocurrency are final and irreversible once confirmed on the respective blockchain network.
smarkt will issue digital tax receipts (CFDI) based on the tax information provided by the User. Incorrect information is the User’s responsibility. Once issued, CFDIs cannot be reissued except as permitted under Mexican tax law.
6. Shipping and Delivery
Products are shipped via authorized courier and logistics services. Delivery is deemed completed once the logistics provider records the receipt.smarkt is not liable for loss, delay, or damage attributable to the carrier unless shipping is arranged directly through the platform under an express guarantee.
7. Returns Policy and Satisfaction Guarantee
smarkt offers a full refund Money Back Guarantee applicable only to the User’s first purchase of products or their equivalent, within thirty (30) calendar days from the purchase date.
If within the first thirty days the User deems the product unsatisfactory, they may request a full refund by completing the Return Authorization Form available on the website or requesting it via [email protected].
Procedure:
- Submission of the return authorization form including purchase details.
- Review and approval of the request by smarkt.
- Shipment of the product to the provided address once the return is approved.
The User must cover shipping costs and ensure the accuracy of the return address.
Unauthorized returns are not eligible for refund.
Once received and validated, smarkt will process the refund within fifteen (15) calendar days using the original payment method. Depending on the payment network or issuer, the credit may take up to fifteen (15) additional days to reflect.
This guarantee applies only to the first direct purchase through smarkt’s official website and excludes orders made via distributors, resellers, or third-party platforms.
8. General Returns
Users may also request returns for manufacturing defects, shipping damage, incorrect or incomplete items, or non-delivery.
Requests must be made within thirty (30) calendar days of receipt, or within twenty-eight (28) days of purchase in case of non-delivery.
Returns are not accepted for personal-use items, medical devices, cosmetics, supplements, opened, or tampered products.
Requests must be sent to [email protected] with proof of purchase and photos. Refunds are processed after case validation.
9. Personal Data Protection - Mexico, United States, European Union, and United Kingdom
9.1. Mexico
smarkt complies with the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (LFPDPPP) and its regulations.
Data subjects may exercise their ARCO rights (Access, Rectification, Cancellation, and Opposition) by contacting [email protected].
smarkt applies administrative, technical, and physical safeguards to ensure confidentiality and integrity of information. The Privacy Notice is available at https://smarkt.tech/privacidad
9.2. United States
For residents of California and other U.S. jurisdictions, smarkt complies with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).
U.S. users have the right to:
- (i) know what personal data is collected and for what purposes;
- (ii) request deletion (“Right to Delete”);
- (iii) request correction or update; (iv) opt out of the sale or transfer of their data (“Right to Opt-Out”); and
- (v) receive equal service without discrimination.
Requests may be submitted to [email protected] with the subject “CCPA Request.” smarkt does not sell personal data and only shares it with service providers essential to platform operation.
9.3. European Union
For residents of California and other U.S. For EU users, smarkt complies with the General Data Protection Regulation (GDPR) (EU) 2016/679.
smarkt acts as Data Controller for data collected directly and as Processor when handling data on behalf of third parties.
Processing is based on legal grounds such as consent, contract performance, legal obligations, or smarkt's legitimate interests.
EU users have rights to access, rectification, erasure, restriction, portability, objection, and withdrawal of consent.
Requests or complaints may be directed to [email protected] or to their national data protection authority.
Data transfers outside the EEA follow the European Commission's Standard Contractual Clauses to ensure adequate protection.
9.4. United Kingdom
For UK users, smarkt complies with the UK Data Protection Act 2018 and UK GDPR, aligned with principles of transparency, purpose limitation, data minimization, accuracy, storage limitation, and security.
Data subjects may exercise GDPR-equivalent rights by contacting [email protected].
When transferring data outside the UK, smarkt applies International Data Transfer Agreements (IDTA) or other mechanisms approved by the Information Commissioner’s Office (ICO).
9.5. International Transfers
smarkt may transfer personal data between Mexico, the United States, the European Union, and the United Kingdom solely to technology providers, payment processors, cloud storage services, or customer support entities under contractual safeguards ensuring confidentiality, security, and compliance.
10. Limitation of Liability
Use of the Services and products is at the User's own risk.
smarkt does not guarantee the Services will be error-free, uninterrupted, or invulnerable, though it follows industry best practices for security.smarkt's total liability is limited to the amount effectively paid by the User within the twelve (12) months preceding the event.
smarkt shall not be liable for indirect damages, loss of profits, data loss, or cryptocurrency value fluctuations, except in cases of fraud, gross negligence, or legal obligation breaches.
11. Use of Cryptocurrencies
The User acknowledges that cryptocurrencies are volatile digital assets and that blockchain transactions are irreversible.
smarkt does not control or reverse erroneous, fraudulent, or misaddressed transactions. The User assumes all associated risks.
12. Confidentiality
The User agrees to maintain the confidentiality of all technical, commercial, or strategic information of smarkt, even after the contractual relationship ends.
This obligation remains in force for five (5) years following termination.
13. Intellectual Property
All content, software, hardware, designs, logos, code, and materials on the platform are owned by smarkt or its licensors.
Any unauthorized use, copying, modification, or reproduction is strictly prohibited. smarkt may freely use any feedback or suggestions from Users to improve its Services.
14. Termination
smarkt may suspend or terminate the User's access for violation of these T&C or misuse of the Services.The User may request account cancellation at any time by written notice.smarkt will retain information only as necessary to comply with legal or regulatory obligations.
15. Governing Law and Jurisdiction
These T&C shall be governed by the laws of the United Mexican States.
The User agrees to the exclusive jurisdiction of the competent courts of Mexico City, expressly waiving any other jurisdiction.
16. Electronic Signature
Acceptance of these T&C via registration or click constitutes a valid electronic signature under the Código de Comercio and Código Civil Federal, with the same legal force as a handwritten signature.