{"id":7301,"date":"2023-09-04T07:22:41","date_gmt":"2023-09-04T07:22:41","guid":{"rendered":"https:\/\/fitsmart.io\/shop\/general-terms-and-conditions\/"},"modified":"2024-01-08T10:42:57","modified_gmt":"2024-01-08T10:42:57","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/fitsmart.io\/shop\/en\/general-terms-and-conditions\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"\t\t
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General Terms and Conditions<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1 Contractual partner<\/span><\/h3>\n

Nobu Digital BV<\/span>
Marnixstraat 160<\/span>
Amsterdam – 1016 TG<\/span>
Netherlands<\/p>\n

Called contractual partner in the following text.<\/p>\n

<\/span><\/p>\n

2 General, scope of application<\/span><\/h3>\n

All services provided by the contractual partner for the customer shall be performed<\/span>
exclusively on the basis of the following General Terms and Conditions. Deviating provisions shall only apply insofar as they have been agreed between the contractual partner and the customer or are expressly stated in these General Terms and Conditions.<\/p>\n

<\/span><\/p>\n

3 Payment, due date, default of payment<\/span><\/h3>\n
    \n
  1. Payment for the goods can be made by credit card or PayPal,<\/span>
    Immediate bank transfer or on account. The contractual partner reserves the right to<\/span>
    to accept or exclude certain payment methods in individual cases.<\/span><\/li>\n
  2. When paying by Paypal, the customer undertakes to pay the purchase price after<\/span>
    conclusion of the contract without delay.<\/span><\/li>\n
  3. If the customer is in default of payment, he shall be entitled to any<\/span>
    negligence. He is also liable for coincidence due to the service, unless,<\/span>
    that the damage would have occurred even if the payment had been made on time.<\/span><\/li>\n
  4. The purchase price shall bear interest during the period of default. The default interest rate is<\/span>
    five percentage points above the base interest rate for the year. For legal transactions involving<\/span>
    in which a consumer is not involved, the interest rate is eight percentage points above<\/span>
    the base interest rate.<\/span><\/li>\n
  5. The assertion of further damages is not excluded.\n

    <\/span><\/li>\n<\/ol>\n

    4 Delivery<\/span><\/h3>\n
      \n
    1. Delivery shall be made by sending the goods to the address specified by the customer.<\/span>
      Address. The delivery period is generally 3-5 working days after receipt of the order.<\/span>
      purchase price. This information is non-binding unless otherwise agreed.<\/span><\/li>\n
    2. The delivery will be made against the<\/span>
      Packaging and shipping costs. For deliveries abroad, unless otherwise agreed<\/span>
      the price for packaging and shipping is indicated separately according to weight.<\/span>
      calculated. If the customer requests a special type of shipment that requires higher<\/span>
      costs are incurred, he must also bear these additional costs.\n

      <\/span><\/li>\n<\/ol>\n

      5 Retention of title<\/span><\/h3>\n

      The goods remain the property of the contractual partner until full payment has been made.<\/span>
      Pledging, transfer of title by way of security, processing, transfer of ownership<\/span>
      or redesign without the express consent of the contractual partner.<\/span>
      permissible.<\/p>\n

      <\/span><\/p>\n

      6 Prices<\/span><\/h3>\n
        \n
      1. The price quoted for our goods is the final price,<\/span>
        including any applicable VAT and other price components. The<\/span>
        Price does not include delivery and shipping costs.<\/span><\/li>\n
      2. With the updating of the Internet pages of the contractual partner, all previous<\/span>
        Prices and other information about goods are invalid.<\/span><\/li>\n
      3. The price at the time the invoice is issued shall be decisive for invoicing.<\/span>
        Offer of the customer.<\/span><\/li>\n<\/ol>\n


        7 Right of revocation<\/span><\/h3>\n
          \n
        1. The contractual partner is also entitled to withdraw from the contract with regard to an outstanding<\/span>
          part of the delivery or service if false information about the delivery or service is provided.<\/span>
          creditworthiness of the customer has been made or objective reasons regarding the<\/span>
          the customer’s ability to pay and the customer, at the request of the<\/span>
          contractual partner, neither makes advance payment nor provides a suitable<\/span>
          security or if insolvency proceedings are instituted against the customer’s assets.<\/span>
          or an application for the initiation of insolvency proceedings has been filed for lack of<\/span>
          assets to cover costs.<\/span><\/li>\n
        2. Irrespective of the contractual partner’s claims for damages, in the event of<\/span>
          partial withdrawal, partial services already rendered shall be invoiced and paid for in accordance with the contract.<\/span>
          pay.<\/span><\/li>\n<\/ol>\n

          Cancellation policy<\/span>
          You have the right to cancel this contract within fourteen days without giving any reason.<\/span>
          to revoke.<\/span>
          The withdrawal period is fourteen days:<\/span><\/p>\n

            \n
          1. In the case of a purchase contract from the day on which you or one of you<\/span>
            named third party who is not the carrier has taken possession of the goods<\/span>
            have or has.<\/span><\/li>\n
          2. In the case of a contract for several goods that are to be delivered as part of a<\/span>
            were ordered as a single order and which are delivered separately from<\/span>
            the day on which you or a third party designated by you who is not the<\/span>
            carrier, have taken possession of the last goods.<\/span><\/li>\n
          3. In the case of a contract for the regular delivery of goods via a<\/span>
            period from the day on which you or one of your authorized<\/span>
            named third party, who is not the carrier, takes possession of the first goods.<\/span>
            have taken or has taken.<\/span><\/li>\n<\/ol>\n

            To exercise your right of withdrawal, you must inform the contractual partner by means of a<\/span>
            clear declaration (e.g. a letter sent by post or e-mail) about your<\/span>
            inform us of your decision to withdraw from this contract. Please fill in the<\/span>
            the following withdrawal form and have it signed and sent to us by e-mail<\/span>
            to come:<\/span><\/p>\n

            – Sample withdrawal form beginning –<\/p>\n

            Revocation<\/p>\n

            I\/we (*) hereby revoke the contract concluded by me\/us (*) for the
            Purchase of the following goods (*)\/provision of the following service (*):
            __________________________
            ____________________________________________________
            ____________________________________________________<\/p>\n

            Order number \/ Order: ___________________________________
            Ordered on (*)\/received on (*):
            __________________________________________
            Name of the consumer(s):
            __________________________________________
            Address of the consumer(s):
            __________________________________________
            ________________________________________
            Signature of the consumer(s)<\/p>\n

            Date: __________________________________<\/p>\n

            (*) Delete as appropriate.<\/p>\n

            – Sample withdrawal form End-<\/p>\n

            To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.<\/p>\n


            Consequences of revocation<\/span><\/h3>\n

            If you withdraw from this contract, we will have refunded all payments we have received from you.<\/span>
            including delivery costs (with the exception of additional costs,<\/span>
            arising from the fact that you have chosen a different type of delivery than the one we<\/span>
            offered, most favorable standard delivery), without undue delay and no later than<\/span>
            within fourteen days from the day on which you receive the notification of your<\/span>
            revocation of this contract has been received by us. For this repayment use<\/span>
            the same means of payment that you used for the original transaction.<\/span>
            have, unless expressly agreed otherwise with you; in no event shall the<\/span>
            In this case, you will be charged fees for this repayment<\/span>
            We may refuse to make a refund until we have received the goods back<\/span>
            or until you have provided proof that you have returned the goods.<\/span>
            depending on which is the earlier point in time.<\/span>
            You must return the goods immediately and in any case within fourteen<\/span>
            days from the day on which you inform us of the revocation of this contract to<\/span>
            returned or handed over to the contractual partner. The deadline is met if<\/span>
            you send the goods before the period of fourteen days has expired.<\/span>
            Returns will only be accepted if the goods are sent back postage paid<\/span>
            stating the name, address, telephone number and order number.<\/span>
            You only have to pay for any loss in value of the goods if this<\/span>
            loss of value to one for the examination of the condition, properties and<\/span>
            functionality of the goods is not necessary handling with them.<\/span><\/p>\n


            Exclusion of the right of withdrawal<\/span><\/h3>\n

            Orders for sealed goods, e.g. also for food supplements, which<\/span>
            not suitable for return for reasons of health protection or hygiene<\/span>
            if their seal has been removed after delivery or from goods that have been<\/span>
            are not prefabricated and for the production of which an individual selection or<\/span>
            the consumer is decisive or which clearly refers to the consumer’s<\/span>
            are tailored to the personal needs of the consumer or of goods that are<\/span>
            spoil quickly or whose expiration date would be quickly exceeded,<\/span>
            cannot be revoked.<\/span>
            – End of the withdrawal policy –<\/span><\/p>\n


            8 Warranty<\/span><\/h3>\n
              \n
            1. If the item is defective, the customer shall have the right, as subsequent performance according to his<\/span>
              choice of rectification of the defect or delivery of a defect-free item<\/span>
              demand. The contractual partner may choose the type of subsequent performance selected by the customer.<\/span>
              if this is only possible at disproportionate cost. These are<\/span>
              in particular the value of the item in a defect-free condition, the significance of the<\/span>
              defect and the question of whether the other type of subsequent performance can be<\/span>
              could be used without significant disadvantages for the buyer. The claim<\/span>
              of the customer is limited in this case to the other type of subsequent performance; the<\/span>
              right of the contractual partner to also demand these under the conditions of sentence 1<\/span>
              The right to refuse the use of the goods remains unaffected.<\/span><\/li>\n
            2. If the goods have already been used, wear and tear or<\/span>
              improper use of the goods after return, a reduction in value has been ascertained.<\/span>
              which is offset against a refund of the purchase price.<\/span><\/li>\n
            3. If the purchase is a commercial transaction for both parties, the customer must<\/span>
              immediately after delivery, insofar as this is possible in the ordinary course of business.<\/span>
              is feasible. If a deficiency becomes apparent, he has given us this<\/span>
              immediately. If the customer fails to notify us, the goods shall be deemed to be<\/span>
              approved, unless the defect in question is one that has not been<\/span>
              examination was not recognizable. If such a defect becomes apparent at a later date, the<\/span>
              be made immediately after discovery; otherwise the goods shall be deemed to be<\/span>
              shall also be deemed approved in view of this defect. These provisions do not apply,<\/span>
              if the defect was fraudulently concealed. To preserve the rights of the customer<\/span>
              timely dispatch of the notification is sufficient.<\/span><\/li>\n
            4. If the contractual partner delivers a defect-free item for the purpose of subsequent performance,<\/span>
              he may demand the return of the defective item from the customer.<\/span><\/li>\n
            5. Damage caused by improper or non-contractual measures by the customer,<\/span>
              during installation, connection, operation or storage,<\/span>
              do not constitute a claim against the contractual partner. The inappropriateness and<\/span>
              The lack of conformity is determined in particular by the information provided by the manufacturer of the<\/span>
              delivered goods.\n

              <\/span><\/li>\n<\/ol>\n

              9 Limitation of liability<\/span><\/h3>\n
                \n
              1. For claims other than those arising from injury to life, limb and health<\/span>
                The contractual partner shall only be liable for damages insofar as these damages are due to intentional or<\/span>
                gross negligence or culpable breach of a material contractual obligation.<\/span>
                contractual obligation by the contractual partner or its vicarious agents. One<\/span>
                Any further liability for damages is excluded. The<\/span>
                The provisions of the Product Liability Act remain unaffected by this.<\/span><\/li>\n
              2. According to the current state of the art, data communication via the<\/span>
                Internet cannot be guaranteed to be error-free and\/or available at all times. The<\/span>
                The contractual partner is therefore not liable for the availability of the online store at all times\n

                <\/span><\/li>\n<\/ol>\n

                10 Data protection<\/span><\/h3>\n

                All personal data required for the execution of the order is stored in<\/span>
                stored in machine-readable form and treated confidentially. The data required for processing<\/span>
                data required for an order, such as name and address, are stored in the<\/span>
                Execution of the delivery to the party commissioned to deliver the goods<\/span>
                passed on to the company.<\/p>\n

                <\/span><\/p>\n

                11 Place of jurisdiction<\/span><\/h3>\n

                The contracting parties agree to the application of Dutch law. <\/span>
                The place of jurisdiction for disputes arising from the contract is Amsterdam<\/span>
                agreed.<\/p>\n

                <\/span><\/p>\n

                12 Severability clause<\/span><\/h3>\n

                Should any provision of these GTC be or become invalid or unenforceable,<\/span>
                the remaining provisions of these GTC shall remain unaffected.<\/p>\n

                <\/span><\/p>\n

                13 Withdrawal from the contract<\/span><\/h3>\n

                In the event of a justified withdrawal from the contract by a consumer, a<\/span>
                Reimbursement of the purchase contract only step by step against restitution of the goods delivered by the<\/span>
                goods received by the buyer. The condition for this is that the goods must be in their original packaging and<\/span>
                is undamaged and the original invoice is enclosed. In the case of articles that are<\/span>
                signs of use are impaired or their packaging is damaged, a<\/span>
                appropriate compensation for the reduction in value. The costs of the<\/span>
                Returns are at the expense of the buyer.<\/span>
                Klarna<\/span>
                In cooperation with Klarna Bank AB (publ)<\/a>, Sveav\u00e4gen 46, 111 34 Stockholm,<\/span>
                Sweden, we offer the following payment options. Payment is made in each case<\/span>
                to Klarna:<\/span><\/p>\n