General terms and conditions
NOPAINSTORE are the operators of the website located at www.nopainstore.nl (the “Website”). These Terms and Conditions (“Terms” or “Agreement”) apply to your use of the Website and your purchase of products from nopainstore.nl (the “Products”)
1 These general terms and conditions
1.1 What these terms and conditions cover. These are the terms and conditions under which we supply products to you, when you order via our Website www.Nopainstore.es or by telephone via our customer service.
1.2 The Website and Products are offered subject to your acceptance of this Agreement. These Terms constitute a legally binding agreement between you and NoPainStore, and you should read them carefully. By agreeing to these Terms, you also agree to the NoPainStore Privacy Policy, (3) Placing and Shipping Orders, (4) Price and Our Products, (5) Payment, (6) Online Returns, and (7) Website Content and Ownership, each of which is expressly incorporated herein by reference.
1.3 This Agreement contains an arbitration agreement and a class action waiver that waives your right to a trial in court or to a jury trial or to participate in a class action. Arbitration is mandatory and the exclusive remedy for all disputes unless otherwise specified below or if you opt out. You must read this document in its entirety before accessing, using, or purchasing any product through the Site.
1.4 All purchases made through the Website are subject to our acceptance. This means that we may refuse or cancel any transaction at our sole discretion and without liability to you or any third party. The Website does not allow orders from dealers, wholesalers or other customers who intend to resell items offered on the Website. NoPainStore expressly conditions its acceptance of your order upon your acceptance of these Terms and Conditions and any additional terms provided to you on the Website which apply to your purchase of particular Products. By ordering Products through the Website, you agree to provide true, accurate, current and complete information. NoPainStore reserves the right to discontinue or change specifications and prices of Products offered on and off the Site without notice and without incurring any obligation to you. Prices and availability are subject to change without notice and NoPainStore reserves the right to withdraw any offer to correct errors, inaccuracies or omissions.
1.5 The Privacy Policy and Cookie Policy govern the use of personal information that you agree to communicate to NoPainStore on this website. NoPainStore may change its Privacy Policy and Cookie Policy at any time, as specified in this Agreement. The NoPainStore website is not intended for minors.
1.6 By accessing or using our Website, you represent that you are at least eighteen (18) years of age or the age of majority, whichever is higher, and that you agree to these Terms. You also agree to comply with all applicable local, state and national laws and regulations regarding your use of our Website. You further agree to provide truthful, accurate, current and complete information (and updates thereto) at all times when you provide information to NoPainStore through the Website. You may use our Website only as permitted by this Agreement, and you will not use our Website or the Content for any commercial, political, obscene, illegal or inappropriate purpose. NoPainStore reserves the right, in its sole discretion, to terminate your access to our Website for any reason. If you register for an account on our Website, you may be required to provide an email address and password, and there may be additional requirements from time to time as specified by NoPainStore. You agree to accept all responsibility for your use of our website, including all activities that occur under your password (and related account access). You must notify NoPainStore immediately if you suspect or become aware of any loss, theft or unauthorized use of your password.
1.7 It is hereby stated that NoPainStore is the owner of the NoPainStore brand name and its logos. The user acknowledges the exclusive rights of NoPainStore to the NoPainStore brand name and will refrain from any use thereof and more generally from infringement of NoPainStore's intellectual property rights. We reserve the right to claim damages in the event of counterfeiting and more generally from infringement of its intellectual property rights. Likewise, the visitor will refrain from infringement of property rights, in particular intellectual property rights, which may be held by a company in the group to which We belong. NoPainStore partners are owners of their brand names. Any use of the brand names and/or logos and/or any other content is subject to the express permission of NoPainStore or the holder of the intellectual property rights concerned.
1.8 NoPainStore accepts no responsibility for allergic reactions or adverse effects of any kind. Always read the ingredients and instructions carefully before use.
2 Information about us
2.1 We are NoPainStore and are registered in the Netherlands under company number 90720369.
2.2 You can contact us by emailing our Customer Service at support@nopainstore.nl, Monday to Friday from 9:30am to 6:00pm except on public holidays. You can also contact us via our Chat Customer Support +316 1540 1527.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us when you placed your order. “Writing” includes emails, and when we use the words “writing” or “written” in these terms, this also includes emails.
3 Placing and Shipping Orders
3.1 When you place an order for the first time, you can check in as a guest or open an account with us. If you place an order by telephone, we will take the necessary details from you by telephone. Otherwise, all steps required to place an order are described on our Website.
3.2 Order Confirmation. We will confirm receipt of your order without delay by sending you a confirmation email, but this confirmation email does not constitute acceptance of your order.
3.3 Our acceptance of your order will take place when we email you and tell you that we have accepted it. At this point a contract will come into existence between you and us.
3.4 We will assign an order number to your order when we accept your order. It will help us if you can provide us with the order number when you contact us about your order.
3.5 If we are unable to accept your order, we will notify you in writing. This may be because the product is out of stock, because of unexpected limitations on our resources which we could not reasonably have planned for, because we have identified an error in the price or description of the product, because we are unable to meet the delivery date you have specified, or if the order is deemed to be fraudulent or otherwise made in breach of these Terms of Sale. In such event, you will be notified in writing and we will not charge you for the product(s).
3.6 To ensure that your parcel is delivered correctly and that you receive your parcel within the time frames we advertise, please ensure that your address is entered correctly and includes all relevant and/or required information. Using correct abbreviations, house numbers, building or apartment numbers and route information (where applicable) is crucial to timely delivery.
3.7 We accept no responsibility for lost, misplaced or misdelivered shipments if the address details provided are incorrect at the time of purchase.
3.8 In case of international shipments, the goods are imported on behalf of the consignee/buyer. The consignee authorizes NoPainStore to import the goods on his behalf. Furthermore, the consignee/buyer agrees that NoPainStore can delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes and duties in addition to the purchase price of the goods.
3.9 All orders are subject to processing time which is separate and apart from the time it takes for a shipment to reach its destination. Depending on a number of factors, standard domestic and international orders may take up to 3 business days (excluding Saturdays, Sundays and holidays) to process. Standard orders may take an additional 3 business days to process after your payment has been authorized and verified. This is an estimate only and does not include weekends or holidays.
3.10 NoPainStore is not responsible or liable for packages that are reported as delivered by the carrier. We do not issue refunds or credits for packages that are confirmed as delivered by the carrier.
3.11 Shipping costs are non-refundable. If you refuse shipments from NoPainStore, you will be responsible for the original shipping costs, plus the cost of returning the package to us. This amount will be deducted from any credit issued.
4 Price and our products
4.1 The price of the product in Euro (€) inclusive of VAT (and, unless otherwise stated on our Website or notified to you by telephone, delivery charges) is the price indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
4.2 We will not provide VAT refund services. We do not provide a VAT refund service for orders placed on our Website or by telephone.
4.3 We will pass on any changes to the VAT rate. If the VAT rate changes between your order date and the date we deliver the product, we will adjust the VAT rate you pay, unless you have already paid for the product in full before the change in the VAT rate takes effect.
4.4 Products may vary slightly from their images. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the display of the colours on a device accurately reflects the colour of the products. Your product may vary slightly from those images.
4.5 We will notify you by email once the Product(s) have been dispatched.
5 Payment
5.1 You must pay before the goods are sent to you. Your payment will be taken once you have placed your order and it has been accepted by us, except for payments such as, klarna or other afterpay payment services. Your payment will be taken immediately once your order has been received by us. If we do not accept your order, we will refund all payments received within 30 working days.
5.2 Payment Failure. If your payment cannot be processed for any reason (including, for example, payment stoppage, card issuer refusal), your order will be cancelled and the contract with you will be terminated immediately. We will notify you of this in writing.
5.3 If any order placed by you is deemed to be fraudulent or otherwise in breach of these Terms of Sale, the sale will be cancelled immediately and in the event that any monies have already been debited from you, they will be refunded within 30 working days of such notification.
6 Online returns
6.1 Product(s) must be returned within 14 days after delivery date.
6.2 Product(s) must be returned in their original packaging and unopened.
6.3 All returns must include a packing slip of the order clearly indicating which Product(s) are being returned. Failure to complete this correctly may result in problems processing your return.
6.4 We are not liable for return packages that may be lost or stolen in transit. Please retain your proof of postage and/or return tracking number when sending your returns.
6.5 Returns will be processed within 14 working days after your Product(s) have been delivered to us.
6.6 Damaged, defective or incorrect Product(s) must be reported within 5 working days of delivery.
6.7 We are unable to make changes to orders once they have been placed in our system. To ensure your package is delivered correctly, please ensure that your address is entered correctly and includes all relevant information. The use of correct abbreviations, house numbers, building or apartment numbers and route information (if applicable) are essential to ensure delivery.
6.8 Returned Packages and Refused Packages. This can happen if (1) an address is invalid or missing information, (2) the carrier is unable to deliver your package, or (3) the order is refused by the customer at the time of delivery.
6.9 If you receive a damaged or incorrect Product, please contact our Customer Service. Once we receive your request, we will contact you to troubleshoot and resolve the issue.
6.10 Reserved Rights Regarding Returns. We reserve the right to define and limit, refuse and/or reject customer returns at any time solely because of.
-An irregular or excessive returns history with damaged or missing items;
-Potential fraudulent or criminal activity.
6.11 Please ensure that you return your product(s) to us in full accordance with our returns policy.
7 Content and website ownership
7.1 NoPainStore contains materials including, but not limited to, text, graphics, designs, photographs, videos, audio clips, images, button icons, graphics, advertising copy, URLs, technology, software and the general arrangement or "look and feel" of such materials, including copyrighted materials, as well as trademarks, logos and service marks owned by NoPainStore, its licensors, licensees or other third parties (collectively, the "Content"). The Website and the Content are owned, licensed or controlled by NoPainStore, its licensors and certain other third parties, and all right, title, interest in and to the Content and the Website are owned by NoPainStore, its licensors or certain other third parties and are protected to the fullest extent possible by international copyright, trademark, trade dress, patent or other intellectual property rights and laws. By using the Website, you do not acquire any ownership or intellectual property or other interest in any item or content on the Website. Subject to your agreement to and compliance with this Agreement, NoPainStore grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access, view, display and use the Content on our Website for your own personal, non-commercial use only. You agree that NoPainStore may immediately and, without notice to you, suspend or discontinue the availability of our Website, the Content or the Products without any liability to you or any third party.
7.2 By submitting or posting any material or content to the Site ("User Generated Content"), you grant NoPainStore a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce and sublicense such materials or portions of such materials. You represent, warrant and covenant that any User Generated Content you provide does not violate any law or the rights of any third party, and you have the full right to grant Nopainstore.es the license specified above. NoPainStore shall be entitled to use all User Generated Content without any obligations of confidentiality, attribution or compensation to you.