General Terms and Conditions

General terms and conditions Nero Noir | Trade name
SMART Gym Store
https://smartgymstore.com

Table of contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of revocation
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
1. Reflection period: the period within which the consumer can make use of his right of withdrawal; Read everything
about cooling-off period
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services,
whose delivery and/or purchase obligation is spread over time;
5. Durable medium: any instrument which enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Model form: the model withdrawal form made available by the trader that a consumer can fill out when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who provides products and/or services remotely to consumers
offers;
9. Distance contract: an agreement concluded within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract.
agreement only one or more techniques for distance communication are used;
10. Distance communication technology: means that can be used to conclude a contract
agreement, without the consumer and entrepreneur being in the same room at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur
Nero Noir | Trade name SMART Gym Store
Kruiskade 329
3012EG Rotterdam
The Netherlands
T (085) 060-0446
E info@smartgymstore.com
Chamber of Commerce number 98451480
VAT number NL005332727B63

Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every agreement concluded
distance contract and orders concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be provided to the consumer.
made available to the consumer. If this is not reasonably possible, the distance contract will be concluded before
is concluded, it is indicated that the general terms and conditions are available for inspection at the entrepreneur and that they are available upon request
be sent to the consumer free of charge as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before
the distance contract is concluded, the text of these general terms and conditions is provided electronically
be made available to the consumer in such a way that it can be used by the consumer
can be stored easily on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply
apply, the second and third paragraphs apply accordingly and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most appropriate for him.
is favorable.
5. If one or more provisions in these general terms and conditions are null and void or annulled at any time, in whole or in part, the agreement and these terms and conditions will remain in force for the rest.
the provision in question shall be replaced without delay by mutual agreement with a provision that reflects the scope of
as close to the original as possible.
6. Situations not covered by these general terms and conditions must be assessed 'in spirit'
of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these terms and conditions.

Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the
products and/or services offered. Obvious mistakes or obvious errors in the offer are binding
entrepreneur not.
4. All images, specifications and data in the offer are indicative and cannot give rise to
compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. Entrepreneur
cannot guarantee that the colours displayed exactly match the actual colours of the products.
6. Each offer contains sufficient information to clearly indicate to the consumer the rights and obligations associated with accepting the offer. This includes, in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur will pay the price
guarantees;
the amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the
means of communication used;
whether the agreement is archived after it has been concluded, and if so, where the consumer can consult it;
the way in which the consumer, before concluding the agreement, receives the information he has requested within the framework of the
can check the data provided by the agreement and, if necessary, correct it;
any other languages ​​in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the entrepreneur has subscribed and the way in which the consumer complies with these
can consult codes of conduct electronically; and
the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 - The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the trader has not confirmed this acceptance, the consumer may terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate measures to that end.
observe safety precautions.
4. The entrepreneur can - within legal frameworks - determine whether the consumer meets his
payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good
If the consumer has grounds not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal,
or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the information included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one
years or of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each agreement is entered into under the condition precedent of sufficient availability of the relevant products.

Article 6 - Right of withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the option to cancel the agreement without specifying
reasons to cancel within 14 days. This cooling-off period starts on the day after you receive the product
by the consumer or a person designated in advance by the consumer and made known to the entrepreneur
representative.
2. During the cooling-off period, the consumer will handle the product and packaging with care. He will
unpack or use the product only to the extent necessary to assess whether it
wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all
supplied accessories and - if reasonably possible - return them in their original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are obligated to notify the entrepreneur of this within 14 days of receiving the product. The consumer must make this notification using the model form or another means of communication, such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were delivered on time.
returned, for example by means of proof of shipment.
4. If the customer has not indicated that he wishes to make use of his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is a
fact.

When providing services:
1. When services are provided, the consumer has the option to cancel the contract without giving any reason for at least 14 days, starting on the day the contract is concluded.
2. In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of revocation
1. The consumer shall bear the direct costs of returning the product.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but
You will be refunded within 14 days of cancellation. This is subject to the condition that the product has already been received by the online retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer explicitly consents to a different payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable
liable for any diminished value of the product.
4. The consumer cannot be held liable for any diminished value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.

Article 8 - Exclusion of the right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
which have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
which by their nature cannot be returned;
that can spoil or become outdated quickly;
the price of which is subject to fluctuations on the financial market over which the entrepreneur has no influence
has;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygiene products where the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or
during a certain period;
the supply of which has begun with the express consent of the consumer before the cooling-off period has expired;
concerning betting and lotteries.

Article 9 - The price
1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to
fluctuations in the financial market over which the entrepreneur has no influence, with variable prices
This liability to fluctuations and the fact that any prices quoted are indicative are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if
they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement with effect from the day on which the
price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. The consequences of printing and typographical errors are excluded.
No liability is accepted. In case of printing or typographical errors, the entrepreneur is not obliged to produce the product in accordance with the
to supply the wrong price.

Article 10 - Conformity and warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement, the
specifications stated in the offer, the reasonable requirements of soundness and/or usability and the date
legal provisions and/or government regulations existing at the time the agreement is concluded.
If agreed, the entrepreneur also guarantees that the product is suitable for other purposes than
normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and
claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. The statutory warranty applies to all products. The duration of the statutory warranty may vary.
based on the nature of the product.
4. Any defects or incorrectly delivered products must be reported within 2 months of discovering the defect.
must be reported to the entrepreneur in writing.
5. The warranty does not apply if:
the consumer has repaired and/or edited the delivered products himself or has had them done by third parties
repair and/or edit;
the delivered products have been exposed to abnormal conditions or are otherwise handled carelessly
treated or treated contrary to the instructions of the entrepreneur and/or on the packaging;
the defect is wholly or partly the result of regulations that the government has imposed or will impose
regarding the nature or quality of the materials used.

Article 11 - Delivery and execution
1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. Subject to the provisions of paragraph 4 of this article, the company will accept
execute orders with all due haste, but at the latest within 30 days, unless the consumer has agreed
with a longer delivery time. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms.
borrowing. Exceeding a term does not entitle the consumer to compensation.
5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will pay the amount that the consumer
paid as soon as possible, but no later than 14 days after cancellation.
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to arrange a delivery.
to provide a replacement item. This will be communicated in a clear and comprehensible manner at the latest upon delivery.
notified that a replacement item will be delivered. The right of withdrawal does not apply to replacement items.
are excluded. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of
delivery to the consumer or a previously designated and to the entrepreneur announced
representative, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination and extension
Cancellation
1. The consumer may at any time terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
3. The consumer may, in the agreements referred to in the previous paragraphs:
cancel at any time and not be limited to cancellation at a specific time or in a specific
period;
at least cancel them in the same manner as they were entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension
1. An agreement entered into for a specific period of time and which provides for the regular delivery of products
(including electricity) or services, may not be automatically extended or renewed for a
certain duration.
2. By way of exception to the previous paragraph, an agreement entered into for a fixed period and intended to
regular delivery of daily newspapers, weekly newspapers and magazines will be tacitly extended for a
fixed term of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a specific period of time and which provides for the regular delivery of products
or services, may only be tacitly extended for an indefinite period if the consumer may at any time
cancel with a notice period of no more than one month and a notice period of no more than three months if the agreement concerns the regular, but less than once a month, delivery of daily newspapers, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news and
Weekly newspapers and magazines (trial or introductory subscription) are not automatically continued and end
automatically after the trial or introductory period.

Duration
1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment
1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the duty to immediately report any inaccuracies in payment details provided or stated.
to report to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently well-known complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will
The entrepreneur responded within 14 days with a confirmation of receipt and an indication of when
the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the
dispute resolution.
5. In case of complaints, a consumer should first contact the entrepreneur. If the online store is
affiliated with WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement,
consumer to contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether
This webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If there is still
If no solution is reached, the consumer has the option to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur, the decision of which is binding and
Both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that the consumer must pay to the committee in question.
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur agrees otherwise in writing.
indicates.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion,
replace or repair delivered products free of charge.

Article 15 - Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.