Terms of service

General Terms and Conditions with Customer Information

Smart Energy Provider LLC
101 NE 43 St
Miami, FL 33137
United States of America
BRC: L25000037694

Last updated: 05/04/2026

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Shipping and Delivery Conditions
  6. Retention of Title
  7. Warranty / Liability for Defects
  8. Applicable Law
  9. Affiliate Program
  10. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (“Terms”) of Smart Energy Provider LLC, 101 NE 43 St, Miami, FL 33137, United States of America, BRC: L25000037694, hereinafter referred to as the “Seller”, apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur, hereinafter referred to as the “Customer”, with the Seller regarding the goods presented in the Seller’s online shop.

The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise expressly agreed.

1.2 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, craft, or profession.

An entrepreneur within the meaning of these Terms is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions displayed in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days:

  • by sending the Customer a written order confirmation or an order confirmation in text form, for example by email; or
  • by delivering the ordered goods to the Customer; or
  • by requesting payment from the Customer after the order has been placed.

If several of the above alternatives apply, the contract is concluded at the time at which one of the alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, Shopify Payments, credit card, or another third-party payment provider, payment processing shall be carried out by the respective provider under its own terms and conditions. By completing the payment process, the Customer authorizes the selected payment provider to process the payment.

2.5 The contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form, for example by email, after the order has been submitted. No further access to the contract text is provided by the Seller.

2.6 Before submitting a binding order, the Customer may identify possible input errors by carefully reading the information displayed on the screen. The Customer may correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button completing the order process.

2.7 The contract language is English.

2.8 Order processing and communication usually take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct and that emails sent by the Seller or third parties commissioned by the Seller can be received.

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal, where applicable.

3.2 Further information regarding the right of withdrawal can be found in the Seller’s separate withdrawal or refund policy.

3.3 The right of withdrawal may be excluded for goods that are not prefabricated and for whose production an individual choice or specification by the Customer is decisive, or which are clearly tailored to the personal needs of the Customer. This particularly applies to print-on-demand products, customized products, personalized products, and products made specifically after the Customer’s order.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices. Any additional delivery and shipping costs are displayed separately in the respective product description or during checkout.

4.2 For deliveries outside the United States, additional costs may arise in individual cases which are not the responsibility of the Seller and which must be borne by the Customer. These may include, for example, customs duties, import taxes, currency conversion fees, or bank charges.

4.3 The available payment methods are displayed to the Customer in the online shop.

4.4 If payment is made using a payment method offered by PayPal, payment shall be processed by PayPal under the applicable PayPal terms and conditions.

4.5 If payment is made using a payment method offered via Shopify Payments, payment shall be processed by Shopify or its payment partners. The payment methods available via Shopify Payments are displayed to the Customer in the online shop.

4.6 If payment is made by credit card, the invoice amount is due immediately upon conclusion of the contract. The Customer’s credit card will be charged after completion of the order.

4.7 If a payment cannot be processed, is reversed, disputed, or charged back, the Seller reserves the right to cancel the order, suspend fulfillment, or claim any resulting damages and costs.

5) Shipping and Delivery Conditions

5.1 Goods are delivered by shipping to the delivery address provided by the Customer, unless otherwise agreed. The delivery address provided during checkout is decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result.

5.3 Self-collection is not possible for logistical reasons.

5.4 Since products are produced on demand, production times may vary. Typical production times are approximately 2 to 7 business days, unless otherwise stated. Shipping times depend on the destination country, carrier, customs processing, and other logistical factors.

5.5 The Seller is not responsible for delays caused by shipping carriers, customs authorities, incorrect delivery addresses, force majeure, strikes, supply chain disruptions, or other circumstances beyond the Seller’s reasonable control.

6) Retention of Title

If the Seller makes delivery before full payment has been received, ownership of the delivered goods remains with the Seller until the purchase price has been paid in full.

7) Warranty / Liability for Defects

7.1 If the purchased goods are defective, the statutory provisions regarding liability for defects shall apply, unless otherwise stated below.

7.2 Minor deviations in color, size, print placement, fabric structure, or design appearance may occur due to the nature of print-on-demand production and screen display differences. Such minor deviations do not constitute defects if they are reasonable and customary for this type of product.

7.3 The Customer is requested to inspect delivered goods upon receipt and notify the Seller of obvious transport damage or production defects as soon as possible. Failure to do so does not affect the Customer’s statutory rights.

7.4 Claims regarding defective, damaged, or incorrectly delivered items should be submitted with meaningful photo documentation and the order number.

8) Applicable Law

All legal relationships between the parties shall be governed by the laws of the State of Florida, United States of America, excluding the United Nations Convention on Contracts for the International Sale of Goods.

For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9) Affiliate Program

The Seller may offer an affiliate program that allows selected partners to promote the Seller’s products on websites, blogs, social media channels, or other approved platforms and receive commissions for referred sales.

Participation in the affiliate program is at the Seller’s sole discretion. The Seller reserves the right to reject, suspend, or terminate participation without stating reasons.

Affiliates must ensure that their websites, social media channels, and promotional activities do not contain offensive, defamatory, discriminatory, illegal, misleading, or otherwise inappropriate content. This includes, but is not limited to, content promoting hate, violence, pornography, fraud, or illegal activities.

Affiliates are required to comply with all applicable laws, regulations, advertising rules, privacy requirements, and consumer protection obligations.

Affiliates may not make false, misleading, or deceptive statements about the Seller’s products, services, prices, discounts, shipping times, or business relationships.

Affiliates may not use the Seller’s name, trademarks, logos, images, or branding in a way that suggests they are the Seller, officially represent the Seller, or are in an official partnership beyond the approved affiliate relationship.

The use of pay-per-click advertising, paid search ads, bidding on brand names, domain names, misspellings, or similar advertising strategies is only permitted with the Seller’s prior written consent.

The Seller reserves the right to terminate affiliate participation without notice if an affiliate violates these conditions. In such cases, unpaid commissions may be cancelled and not paid out.

10) Alternative Dispute Resolution

10.1 The European Commission provides a platform for online dispute resolution at:

https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving consumers.

10.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Contact Information

Smart Energy Provider LLC
101 NE 43 St
Miami, FL 33137
United States of America
BRC: L25000037694
Email: contact@sepxdyne.com