NOPAINSTORE are the administrators of the website at www.nopainstore.nl (the "Website"). These General 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 general terms and conditions cover. These are the general terms and conditions under which we supply products to you when you order through our Website www.Nopainstore.es or by phone through 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 waive your right to a court hearing or jury trial or to participate in a class action. Arbitration is mandatory and the sole remedy for all disputes, unless otherwise indicated below or if you opt out. You must read this document in its entirety before accessing, using, or purchasing any product through the Website.
1.4 All purchases made through the Website are subject to our acceptance. This means that we may, at our sole discretion and without liability to you or any third party, refuse or cancel a transaction. The Website does not allow orders from dealers, wholesalers, or other customers intending to resell items offered on the Website. NoPainStore expressly conditions the acceptance of your order on your agreement to these terms and to all additional terms provided to you on the Website that apply to your purchase of certain products. By ordering Products through the Website, you agree to provide truthful, accurate, current, and complete information. NoPainStore reserves the right to terminate or change specifications and prices of Products offered on and off the site without prior 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 old 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. Furthermore, you represent that you will at all times provide truthful, accurate, current, and complete information (and updates thereof) when you provide information to NoPainStore through the Website. You may only use our Website as permitted by this Agreement, and you will not use our Website or its Content for commercial, political, obscene, illegal, or inappropriate purposes. NoPainStore reserves the right, at 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 additional requirements may be indicated by NoPainStore from time to time. You agree to assume all responsibility regarding your use of our website, including all activities that occur through your password (and related account access). You must immediately notify NoPainStore if you suspect or notice loss, theft, or unauthorized use of your password.
1.7 It is hereby stated that NoPainStore is the owner of the brand name NoPainStore and its logos. The user acknowledges NoPainStore's exclusive rights to the NoPainStore brand name and will refrain from any use thereof and, more generally, from infringing NoPainStore's intellectual property rights. We reserve the right to claim damages in case of counterfeiting and, more generally, infringement of its intellectual property rights. Similarly, the visitor will refrain from infringing proprietary rights, particularly intellectual property rights, that 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 relevant intellectual property rights.
1.8 NoPainStore accepts no responsibility for allergic reactions or adverse effects of any kind. Always read the ingredients and instructions for use 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, from Monday to Friday from 9:30 AM to 6:00 PM except on public holidays.
2.3 How we may contact you. If we need to contact you, we will do so by phone or by writing to you at the email address you provided to us with your order. "Writing" includes emails; when we use the words "write" 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 out as a guest or open an account with us. If you place a telephone order, we will take your necessary details by phone. Otherwise, all steps required for placing an order are described on our Website.
3.2 Order confirmation. We will confirm receipt of your order without delay by sending 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 send you an email telling you that we have accepted it. At that 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 it. It helps us if you can tell us the order number when you contact us about your order.
3.5 If we are unable to accept your order, we will inform you of this in writing. This may be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified, or if the order is deemed to be fraudulent or otherwise made in violation of these Terms of Sale. In that case, you will be informed in writing and we will not charge you for the product(s).
3.6 To ensure that your package is delivered correctly and that you receive your package within the timeframes we advertise, you must ensure that your address is entered correctly and contains all relevant and/or required information. The use of correct abbreviations, house numbers, building or apartment numbers, and route information (if applicable) is crucial for timely delivery.
3.7 We do not take responsibility for lost, missing, or misdelivered shipments if the address details provided are incorrect at the time of purchase.
3.8 For international shipments, the goods are imported on behalf of the consignee/buyer. The consignee authorizes NoPainStore to import the goods on their behalf. Furthermore, the consignee/buyer agrees that NoPainStore may delegate the obligation to import the goods on their 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 from and in addition to the time it takes for a shipment to reach its destination. Depending on a number of factors, processing standard domestic and international orders can take up to 3 business days (excluding Saturdays, Sundays, and public holidays). After your payment has been authorized and verified, it may take another 3 business days for standard orders to be processed. This is only an estimate and does not include weekends or public holidays.
3.10 NoPainStore is not responsible or liable for packages reported as delivered by the carrier. We do not issue refunds or credits for packages that the carrier confirms have been delivered.
3.11 Shipping costs are non-refundable. If you refuse shipments from NoPainStore, you are responsible for the original shipping charges, plus the cost of returning the package to us. This amount will be deducted from any credit provided.
4 Price and our products
4.1 The price of the product in euros (€) including VAT (and, unless otherwise stated on our Website or communicated to you by phone, delivery costs) 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 offer a VAT refund service for orders placed on our Website or by phone.
4.3 We will pass on changes in 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 colors accurately, we cannot guarantee that a device's display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.
4.5 We will inform you by email as soon as the Product(s) have been shipped.
5 Payment
5.1 You must pay before the goods are shipped to you. Payment will be debited as soon as you have placed your order and it has been accepted by us, except for payments such as Klarna or other afterpay payment services. Payment will be debited immediately upon receipt of your order by us. If we do not accept your order, we will refund any payments received within 30 business days.
5.2 Payment error. If your payment cannot be processed for any reason (including, for example, payment stoppage, refusal by the card issuer), your order will be cancelled and the contract with you will be terminated immediately. We will inform you of this in writing.
5.3 If an order placed by you is deemed fraudulent or otherwise in violation of these Terms of Sale, the sale will be cancelled immediately and in the event that amounts have already been debited from you, these will be refunded within 30 business days of such notification.
6 Online returns
6.1 Product(s) must be returned within 14 days of the delivery date.
6.2 Product(s) must be returned in their original packaging and unopened.
6.3 All returns must include a packing slip from the order clearly indicating which Product(s) are being returned. If this is not filled out correctly, problems may arise in processing your return.
6.4 We are not liable for return packages that may be lost or stolen during transit. Keep your proof of shipment and/or tracking number for returns when you send back your returns.
6.5 Returns are processed within 14 business days after your Product(s) have been delivered to us.
6.6 Damaged, defective, or incorrect Product(s) must be reported within 5 business days of delivery.
6.7 We cannot make changes to orders after they have been placed in our system. To ensure that your package is delivered correctly, you must ensure that your address is entered correctly and contains all relevant information. The use of correct abbreviations, house numbers, building or apartment numbers, and route information (if applicable) are crucial 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 cannot 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 have received your request, we will contact you to resolve and fix the problem.
6.10 Reserved rights regarding returns. We reserve the right to define and limit, refuse, and/or reject customer returns at any time due to:
-An irregular or excessive return 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 compliance with our return policy.
7 Content and website ownership
7.1 NoPainStore contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, images, advertising copy, URLs, technology, software, and the overall arrangement or "look and feel" of such materials, including copyrighted material, 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 by, licensed to, or controlled by NoPainStore, its licensors, and certain other third parties, and all rights, titles, and interests in and to the content and the website are owned by NoPainStore, its licensors, or certain other third parties and are protected as much as possible by international copyrights, trademarks, trade styles, patents, 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 and compliance with this Agreement, NoPainStore grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access, display, exhibit, 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 terminate 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 material or content on 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, distribute, reproduce, and sublicense such materials or portions of such materials. You represent, warrant, and undertake that all user-generated content you provide does not violate any law or the rights of a third party, and you have the full right to grant Nopainstore.es the license specified above. NoPainStore has the right to use all user-generated content without obligations of confidentiality, attribution, or compensation to you.
