Terms of delivery
1. Introduction
Welcome to Nolatr. These general terms and conditions apply to the use of our website, the Nolatr app, and the sale of smart rings to consumers and businesses. By using our website, app, and/or placing an order, you agree to these terms. Please read them carefully before making a purchase.
2. Definitions
- Seller: Nolatr, the owner of the website, the Nolatr app, and the provider of products.
- Buyer: Any natural or legal person who places an order on the website or uses the app.
- Product: The smart rings and related accessories offered on the website and via the app.
- App: The Nolatr app, which allows the user to manage the functionalities of the smart ring. Data is stored locally on the user's phone unless explicitly stated otherwise.
3. Applicability
These terms apply to all offers, orders, and agreements concluded via the website or the Nolatr app, unless otherwise agreed in writing.
4. Orders
- All orders are subject to availability.
- After placing an order, you will receive a confirmation by email. This confirmation does not automatically mean that your order has been accepted.
- Nolatr reserves the right to refuse an order or request additional information, especially in the case of a business order.
5. Prices and Payment
- All prices on the website include VAT, unless stated otherwise.
- Prices exclude shipping costs, which are specified separately during the ordering process.
- Payment can be made via the methods indicated on the website. All payments must be made before products are shipped.
- If an order is canceled, all payments will be refunded to the same payment method within 14 days. If the products have already been shipped, the shipping costs will not be refunded.
- All payments on the Nolatr website are secured by SSL encryption and are processed via recognized payment providers to ensure the security of your data.
6. Delivery
- Nolatr aims to ship all orders within the specified delivery time. However, the delivery time is indicative and not a binding agreement.
- The buyer is responsible for providing accurate delivery information. Nolatr is not liable for failed deliveries due to incorrect information.
- If delivery is significantly delayed through no fault of Nolatr, Nolatr will inform the buyer. Nolatr is not liable for any consequential damages resulting from the delayed delivery, unless otherwise agreed in writing.
7. Use of the Nolatr App
- The Nolatr app is required to use the full functionality of the smart ring.
- All data generated via the Nolatr app, including health and activity data, is stored exclusively on the user's phone. Nolatr does not have access to this data unless the user explicitly chooses to share it.
- Nolatr is not responsible for data loss resulting from app deletion or other technical issues on the user's device.
- Users are responsible for keeping the Nolatr app up to date. Nolatr cannot be held liable for malfunctions or loss of function caused by not installing the latest updates.
8. Data Protection and Privacy
- Nolatr only processes personal data necessary for processing orders and providing customer service. Personal data collected in the app remains exclusively on the user's phone.
- Nolatr complies with the General Data Protection Regulation (GDPR). For more information on how we protect your data, please refer to our [Privacy Policy].
9. Returns and Cancellations
- Consumers have the right to return a product within 14 days of receipt without giving any reason, provided the product is unused and in its original condition.
- Return shipping costs are the responsibility of the buyer unless the product is defective or incorrectly delivered.
- The right of withdrawal as described in this article applies only to consumers. Business customers are excluded from this right unless otherwise agreed in writing.
10. Warranty
- Nolatr offers a two-year warranty on all smart rings, covering defects in material and workmanship.
- The warranty does not cover damage caused by unauthorized use, accidents, or normal wear and tear.
- The warranty does not cover damage due to improper use, accidents, or aesthetic damage such as scratches from daily use.
- In the event of a defective product within the warranty period, Nolatr will, at its discretion, repair, replace, or refund the purchase price. The costs of returning the defective product and shipping costs for replacement products may be borne by the customer unless otherwise specified by Nolatr.
- The warranty will be void if the product is modified, repaired, or altered in any way by an unauthorized third party.
11. Liability
- Nolatr is not liable for indirect or consequential damages, such as data loss.
- Nolatr is not liable for damage or loss of function resulting from the use of non-approved accessories or third-party software in combination with the Nolatr smart rings.
- In no event shall Nolatr's total liability for defective products exceed the original purchase price of the product.
- In case of direct damage, Nolatr's liability is limited to the value of the delivered product.
12. Intellectual Property
All intellectual property rights related to the products, the website, and the Nolatr app belong to Nolatr. It is prohibited to copy or use any part of the website, app, or products for commercial purposes without Nolatr's written permission.
13. Changes to the General Terms and Conditions
Nolatr reserves the right to modify these terms at any time. The amended terms take effect as soon as they are published on the website.
Nolatr reserves the right to terminate support for the Nolatr app and smart rings at any time. In such a case, Nolatr will make reasonable efforts to notify users in advance.
14. Applicable Law
These general terms and conditions are governed by Dutch law. Any disputes will be submitted to the competent court in the Netherlands.
15. Complaints Procedure
Complaints can be submitted via [email/phone]. Nolatr strives to respond in writing within 14 days. If a complaint requires a longer processing time, Nolatr will inform the customer within 14 days of the expected time frame.
16. Financial Security
Nolatr provides financial security to protect consumer rights, such as securing paid amounts through a third party until the order is correctly delivered.
17. Subscriptions and Membership
Nolatr currently does not offer subscription services. Any future subscription terms will be clearly communicated, including the option to cancel and receive refunds.
18. Intellectual Property Rights and Licenses
All intellectual property rights of Nolatr products and services are protected. It is prohibited to use, copy, or distribute any material from the website, app, or products without permission.
19. Arbitration and Dispute Resolution
In the event of disputes, both parties agree to arbitration as a first step in dispute resolution before filing a lawsuit.
20. Medical Disclaimers
Nolatr smart rings are intended for tracking health and activity but are not a substitute for professional medical advice. Always consult a doctor for health issues.
21. Export Restrictions
The sale and shipment of products are subject to export laws and restrictions. The buyer is responsible for complying with all applicable laws and regulations when importing products into the destination country.