Terms and Conditions
General Terms and Conditions Comfit Underwear
Article 1 - Definitions.
Within these terms and conditions, the following definitions apply:
Grace period: the term within which the consumer may exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract covering a series of products and/or services, whose delivery and/or purchase obligation is spread over time;
Durable medium: any means that allows the consumer or entrepreneur to store information addressed to him personally in a manner that permits future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement under which, within a system organised by the entrepreneur for distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Technique for distance communication: a means that can be used to conclude an agreement without the consumer and the entrepreneur being together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 3 - Applicability.
These general conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general conditions is made available to the consumer. Where this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions may be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, then notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions may be consulted electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply alongside these general conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general conditions the consumer may always invoke the applicable provision that is most favourable to him.
If one or more provisions of these general conditions are at any time wholly or partially void or annulled, the agreement and the remaining conditions stay in force, and the provision concerned will immediately be replaced by mutual agreement with a provision that matches the scope of the original as closely as possible.
Situations that are not provided for in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or the content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to assess the offer properly. Where the entrepreneur uses images, these are a true reflection of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. The operator cannot guarantee that the displayed colours exactly match the real colours of the products.
Every offer contains information that makes clear to the consumer which rights and obligations are attached to accepting the offer. This concerns in particular:
the price including taxes;
the possible costs of shipment;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the level of the rate of distance communication, if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion and, if so, in what way the consumer can consult it;
the way in which the consumer can, before the agreement is concluded, check the data he provided in the context of the agreement and restore them if desired;
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a duration transaction.
Optional: available sizes, colours, type of materials.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions stipulated therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to protect the electronic transfer of data and to ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may - within legal frameworks - inform himself as to whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application, or to attach special conditions to its implementation, while stating his reasons.
The entrepreneur will provide the consumer with the following information together with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information on guarantees and existing after-sales service;
the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 14 days. This reflection period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product.
During the reflection period the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known by means of a written message/e-mail. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of a proof of shipment.
If the customer has not expressed his intention to use his right of withdrawal, or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3 have expired, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer uses his right of withdrawal, the costs of returning the products are for the consumer's account.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or that conclusive evidence of complete return can be presented.
Article 8 - Exclusion of right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products
that have been created by the entrepreneur according to specifications of the consumer;
that are clearly personal in nature;
which by their nature cannot be returned;
which spoil or age quickly;
whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.
for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services
concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
of which the delivery has started with the express consent of the consumer before the withdrawal period has expired;
concerning betting and lotteries.
Article 9 - The price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, with the specifications mentioned in the offer, with the reasonable requirements of reliability and/or usability and with the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert under the agreement against the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Return of the products must be in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
The delivered products are exposed to abnormal conditions or otherwise carelessly treated, or contrary to the instructions of the entrepreneur and/or on the packaging have been treated;
The inadequacy is entirely or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Special additional customs clearance costs and/or import duties are not included in the price and are at the expense of the customer.
Article 11 - Delivery and execution
The company will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only partially be executed, the consumer will be informed about this at the latest 30 days after the order was placed. In that case the consumer has the right to dissolve the agreement without cost and the right to possible compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.
Special additional customs clearance costs and/or import duties are not included in the price and are at the expense of the consumer.
Article 12 - Duration transactions: duration, termination and renewal
Termination
The consumer may terminate an open-ended contract that was concluded for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, in compliance with the applicable termination rules and a notice period that does not exceed one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or period;
at least terminate them in the same way as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
Renewal
A fixed-term contract that has been entered into for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly extended for an indefinite period of time only if the consumer may terminate it at any time with a period of notice that does not exceed one month, and a period of notice that does not exceed three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A contract with a limited duration for the regular supply of trial days, newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract lasts more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.
Article 14 - Complaints
Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has found the defects.
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 respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.