PRIVACY AND EXCLUSION OF RESPONSIBILITY
Comforties guarantees the privacy of its online store users and secures the use of all information provided by customers. Customer data are used solely to properly execute the orders. When you place your order at www.comforties.com, your personal data is stored in the customer data base of Comforties. Comforties agrees to not provide your personal data to third parties, except to third persons involved in the process of treating your order and who are bound to observe our terms of privacy compliance.
Regardless whether the information on the website is gathered carefully and/or Comforties strives to keep it up to date, no rights can be removed from this website. All rights of the displayed date on this site belongs to Comforties. Prices and conditions published on the site may be subject to change.
The present conditions have been drawn exclusively to ensure a secure business environment between you and Comforties.com, hereinafter referred as Comforties, as well as to define together via our general legal conditions the legal framework between you and Comforties in regard to this website. By accepting an offer and/or placing an order via this website, you expressly agree to these terms and conditions.
1. The present conditions apply when any offer and any expressed consent of purchase is placed at Comforties.comforties b.v., hereinafter
referred to as "Supplier".
2. The owner of this website is Comforties.com BV, with a seat addressFaradayweg 18 2627 AX Delft the Netherlands and registered
with the Chamber of Commerce under number 753 566 892 00018.
3. It is agreed that an e-mail is a valid means of electronic communication for the conclusion of an agreement.
4. Any agreement will be concluded only after your order has been accepted by the Supplier. The Supplier has the right to refuse any order or any delivery that does not match certain conditions, unless it was expressly agreed otherwise. In case an order has not been accepted or cannot be delivered, the Supplier will notify the customer within ten (10) business days following receipt of the order.
5. You agree that all provided information to the Supplier needed for the execution of an order, for a transaction or communication is accurate and that you have sufficient means to pay for all goods and/or services ordered.
6. In case of any change occurred in the above information you provided, you are required to notify the Supplier.
7. The Supplier reserves the right to change the present conditions and the content of the website, without notice.
8. The possible non-application of a (part of a) provision of these general conditions does not affect the degree of application of other provisions.
LIABILITY AND WARRANTY
1. The supplier declines any responsibility for damage incurred as a result of loss of data, loss of income or profit, loss related to the impairment of property, loss on third party claims related to the use of this website or the products or services of the Supplier and/or acquired or provided by the Supplier.
2. Without prejudice to the above, Supplier's liability is limited, in any capacity whatsoever, until the net amount of goods supplied or services provided. Compliance with this provision applies to all present and only allowance.
3. The Supplier performs its task as may be expected from a company in the same branch. Nevertheless, the Supplier shall not accept any liability for any damages, including consequential damages, caused as result of acts or abstentions from his side in the broadest sense of these terms, except insofar as the damage is due to serious misconduct, gross negligence and/or intentional, or if any mandatory legal provision stipulates otherwise. The same limitation of liability applies in respect of all staff or other third parties whom the Supplier uses for the execution of its tasks.
4. Without prejudice to the above, the Supplier shall at no time be required to pay compensation exceeding the insured amount, insofar as the damage was incurred and covered by an insurance policy taken out by the Supplier.
5. In the event that the delivered products have defects, imperfections and/or other visible defects that were probably present at the time of delivery, the Supplier will repair or replace the products upon his discretion. The Supplier guarantees the quality and durability of the delivered products according the normal duration and expectation of product’s life.
OFFERS AND AGREEMENTS:
1. Administrative documents required by the Supplier worth as evidence, except the contrary evidences is present, for all placed orders and payments made by you to the Supplier, as well as for deliveries by the Supplier. The Supplier agrees that electronic communication modes can be used as evidence. By accepting these terms, you agree with the same.
All offers made by the Supplier are not binding on either of the parties. The Supplier further expressly reserves the right to change prices, especially when such a change is necessary based on requirements (legal). .
2.Any promotion, any price list, any offer, any delivery time, etc., presented by the Supplier is understood without engagement, unless an acceptance period is expected. In the event that an offer or a promotion if any, is determined without commitment and is accepted by the counterparty, the Supplier then has the right to cancel the offer within 2 working days of receipt of acceptance.
3. If between the date of the closure and the date of execution of the agreement, changes occurred to the government and/or trade associations, on wages, working conditions, social insurance and others, the Supplier has the right to impact any increases to the counterparty. If between the above dates, a new price list is published by the Supplier and/or subcontractors and comes into force, the Supplier is entitled to charge the amended prices.
4. Any arrangement becomes binding after prior written confirmation by the Supplier.
SHIPPING AND DELIVERY TIME FRAMES:
1. The provider applies the following delivery standards: Delivery is free of charge when the order amount is more than € 250, excluding VAT, unless agreed in written otherwise. For orders under € 250, excluding VAT, delivery/administrative fees applies of € 6.95, excluding VAT.
We reserve the right to change these prices, even after published on our website.
2. The delivery time frames of products may under no circumstances be regarded as a final time frame, unless agreed otherwise in written. In case of late delivery, the supplier must be notified in written, failing that, verbally. If delivery is processed in parts, each delivery is considered a separate transaction.
3. The Risk of the delivered products is considerred counterparty's responsability as of the time of delivery.
4. In case that the products cannot be delivered to the counterparty for a reason which is the his/hers responsibility, the Supplier reserves the right to store the goods at the expense and at counterparty’s risk. The Supplier notifies the counterparty in written or by electronic means of storing and/or of preventing of works to perform, where a reasonable time frame is settled within which the counterparty must allow the Supplier to complete the delivery of the products.
5. In case of expiry of the reasonable time frame settled by the Supplier in accordance with the preceding paragraph of this Article, and the counterparty has not fulfilled its obligations, the counterparty is considered to be in default after one (1) month, considered from the date of storage or from the date of preventing works to perform. The Supplier shall then be entitled to terminate the agreement in part or in full, in written and with immediate effect, without any warning or prior notice, without judicial intervention and without being required to pay compensation for damage, any costs incurred or interests.
6. The content of the above does not repeal the fulfillment of the counterparty’s obligation, namely the agreed price, negotiated or due, and any possible storage fees and/or other expenses.
7. In case the delivery or the work cannot be proceed normally and interrupted for a reason independent of the supplier’s will, the supplier has the right to charge the resulting costs, including transportation costs, to the counterparty.
8. All costs incurred by Supplier at the request of the counterparty are fully accounted of the last one, unless it was agreed otherwise in writing.
1. The Supplier is not liable for any damage of any kind and of whatever form, occurred during the transportation, impacted the products or not. The counterparty is required to ensure adequately against the aforementioned risks. The shipment of products is executed as per supplier’s requirements, no matter at the expense and at the risk of the counterparty, unless agreed otherwise in writing.
2. The counterparty is responsible for the good accessibility of the place of final delivery or the place of unloading, as well as of arriving and unloading process.
3. All orders or deliveries non-accepted will be stored by the Supplier at the expense and risk of the counterparty, in accordance to the content of the preceding article.
COMPLAINTS AND RETURNS:
1. Complaints do not suspend the payment obligations of the counterparty.
2. The Supplier must be able to investigate the complaint within a reasonable time.
3. The investigation of a complaint may lead to a possible return of product(s). This return takes place at the expense and risk of the Supplier only if the latter has expressly and previously expressed his agreement in writing.
4. In case that after delivery, the products have changed its nature and/or composition, have been damaged, were repacked or have been modified or transformed, in whole or in part, any right to claim is revoked.
5. In all cases, the returns take place in a manner defined by the Supplier and in their original packaging. Returns are going to account and risk of the counterparty, unless the Supplier considers that the complaint is valid and has indicated to the counterparty in writing.
6. At the time of delivery the counterparty shall verify product’s status. In case the counterparty, finds defaults, imperfections and/or visible defects, it shall be noted on the consignment note or on the right spot and bring it immediately to the attention of the Supplier or it shall will notify the Supplier within 24 hours following receipt of the products in question and confirm it by registered letter.
7. The Supplier is not liable for any damage of any kind and of whatever form, related to the transport, impacted the products or not.
PRICES AND PAYMENT:
1. The announce prices are stated excluding VAT and shipping costs. When you place an order on our website, the total amount to be paid includes VAT and shipping costs. In case the buyer is not situated in the country of shipment, additional taxes or any import fees might apply at the expense of the customer.
2. Payments shall be made within 8 days of the invoice date, unless agreed otherwise in writing.
3. In case of late or no payment by the buyer, an interest of 1.5% per month will be calculated, from the last day the payment was due to the Supplier until full payment of the outstanding amount, as the first day of each new month overdue shall count as a full month.
4. In case of insufficient balance on the bank account or the cheque account, or for any other reason, due to which the amount due cannot be collected by the Supplier, the latter has the right to introduce a withdrawal request to recall your bank or your Central bank Giro. If such situation occurs and it entails additional costs, they will be at the expense of the counterparty and charged through an additional collection. All additional cashing fees are raising in all cases to EUR 2.50 per transaction.
5. In case the payment is made after Supplier’s notice, an additional amount of EUR 22.50 will be charged for administrative costs. In the case of payment by bank or post transfer, the date on which the bank account or, respectively, the Giro account of the Supplier has been credited with the amount is considered as payment date.
6. In case the Supplier decides to entrust a third party claim cashing, as all collection charges will be counterparty’s responsibility. These will amount to at least fifteen percent (15%) of the outstanding amount, without prejudice to Supplier’s right to demand all actually incurred extrajudicial collection costs.
7. All judicial and extrajudicial costs of any nature whatsoever incurred for the Supplier following of non-compliance by the buyer’s obligations shall be also the buyer’s expense.
8. In the event of late payment the Supplier is entitled to suspend all future deliveries of goods until the buyer has fulfilled all outstanding obligations, including payment of interest and costs due.
OWNERSHIP RIGHTS AND LIMITATION OF USE:
The buyer may not mortgage, sell, deliver or dispose of the products as goods’ ownership of has not been transferred to.
INSOLVENCY, BANKRUPTCY, etc.:
Without derogating from the above, the agreement between the counterparty and the Supplier is terminated without juridical intervention and without any notice, when the counterparty will be declared in bankruptcy, temporary insolvency or will be placed under curatorship or under provisional administration, or lose in any other possible way the right to operate in his legal capacity with its assets or part of its assets, unless the curator or the property manager does not recognize the obligations of the agreement as mass debts.
In the event that the counterparty does not meet any obligation whatsoever this might result in conclusion of the Agreement or of the application of the present conditions, the Supplier has the right to terminate any agreement with the counterparty in question, without any notice or judicial intervention and without prejudice to the right of the Supplier to benefit from compensation for damages, lost profits or interest.
APPLICABLE LAW AND DISPUTES:
This present agreement is subject to Dutch law. All disputes and/or claims arisen out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims) will be settled exclusively by the competent jurisdiction of the district concerned.