General conditions of use
General conditions of sale Comfitt Underwear
Article 1 - Definitions.
In these general conditions, the following definitions apply:
Grace period: the period during which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or commercial activity and who concludes a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: distance contract relating to a series of products and/or services for which the 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 allows for subsequent consultation and reproduction without alteration.
Right of withdrawal: possibility for the consumer to renounce the distance contract during the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Distance communication technology: means which can be used for the conclusion of a contract, without the consumer and the entrepreneur being in the same room at the same time.
General Conditions: these general conditions of the Contractor.
Article 2 - Identity of the seller
Comfitt Underwear is a brand of the company below:
Business Owner (UBO): H. Cao
Company Name: Youxi Perfect International Trading Co Ltd
Company Address: Rm 808 Block A Zhongguanxilu 1277# Zhenhaiqu Ningbo,315201, China
Hereinafter referred to as “the Company”.
Payments collected by:
Company name: Ecom Fortuna Limited
Company Address: 17/ F, Yam Tze Commercial Building 23 Thomson Road, Wan Chai, Hong Kong
Email: info@comfitunderwear.fr
Article 3 - Applicability.
These general terms and conditions apply to every offer from 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 terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be consulted at the premises of the entrepreneur 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, 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that, at the request of the consumer, they will be sent free of charge electronically or otherwise.
If specific conditions relating to products or services apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or destroyed, the Agreement and these Terms and Conditions shall remain in force for the remainder and the relevant provision shall be immediately replaced by mutual agreement by a provision which comes as close as possible to the scope of the original provision.
Situations not provided for in these general conditions must be evaluated "in the spirit" of these general conditions.
Any uncertainties as to the interpretation or content of one or more provisions of our general conditions must be interpreted "in the spirit" of these general 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 non-binding. The entrepreneur has the right to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these accurately reflect the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications and data contained in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Product images are a true representation of the products offered. The operator cannot guarantee that the colors displayed correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in particular
the price including tax
any shipping costs
the manner in which the agreement will be concluded and the actions necessary for this purpose;
the existence or not of a right of withdrawal;
the method of payment, delivery and execution of the contract;
the time limit for acceptance of the offer or the period during which the contractor guarantees the price;
the level of the distance communication tariff if the costs of using the distance communication technique are calculated on a basis other than the normal basic tariff for the means of communication used;
whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;
the manner in which the consumer can, before the conclusion of the contract, check the data he has provided in the context of the contract and, if he wishes, restore them;
languages other than Dutch in which the contract may be concluded;
the codes of conduct to which the professional is subject and the manner 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, colors, type of materials.
Article 5 - The contract
The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance of the offer by the consumer and the fulfilment of the conditions stipulated therein.
If the consumer has accepted the offer electronically, the entrepreneur 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 can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may - within the limits of the legal framework - inquire about the consumer's ability to meet his payment obligations, as well as about all 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 reasons not to conclude the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution thereof, while giving reasons for his decision.
The entrepreneur shall attach the following information to the product or service provided to the consumer, 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 submit complaints;
the conditions and manner in which the consumer can exercise his right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
information on warranties and existing after-sales service;
the data referred to in Article 4, paragraph 3, of these conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the agreement;
the conditions for terminating the agreement if it has a duration of more than one year or an indefinite duration.
In the case of a fixed-term transaction, the provision of the preceding paragraph only applies to the first delivery.
Each agreement is concluded subject to the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This reflection period begins on the day after receipt of the product by the consumer or a representative previously designated by the consumer and brought to the attention of the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. 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 exercise his right of withdrawal, he must notify the entrepreneur within 14 days of receipt of the product. The consumer must notify the entrepreneur by means of a written message or e-mail. Once the consumer has notified the consumer that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of 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 expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 - Costs in the event of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will reimburse this amount as soon as possible and at the latest within 14 days after withdrawal. This is provided that the product has already been received by the entrepreneur or conclusive proof of a complete return can be presented.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products 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 for the conclusion of the agreement.
The exclusion of the right of withdrawal is only possible for products
which have been created by the entrepreneur according to the consumer's specifications;
which are clearly of a personal nature;
which, by their nature, cannot be returned
which deteriorate or age quickly
whose price is subject to fluctuations on the financial market which are beyond the control of the entrepreneur;
For individual newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal.
for hygiene products where the consumer has broken the seal.
The exclusion of the right of withdrawal is only possible for services
concerning accommodation, transport, catering or leisure activities to be carried out on a certain date or during a certain period;
whose delivery has begun with the express consent of the consumer before the expiry of the withdrawal period;
Regarding betting and lotteries.
Article 9 - The price
During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to 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 the prices mentioned are target prices will be mentioned in the offer.
Price increases within three months of the conclusion of the contract are only permitted if they result from legal provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the contractor has stipulated this and:
they result from legal or regulatory provisions; or
the consumer is entitled to terminate the contract on the day 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 event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force on the date of conclusion of the agreement. If this has been 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 against the entrepreneur within the framework of the agreement.
Defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The contractor's warranty period corresponds to the manufacturer's warranty period. However, the contractor is never responsible for the final suitability of the products for each individual application of the consumer, nor for any advice regarding the use or application of the products.
The warranty 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 have been exposed to abnormal conditions or have been treated negligently or contrary to the instructions of the contractor and/or the packaging;
The inadequacy results wholly or partly from regulations which the government has established or will establish with respect to the nature or quality of the materials used.
Any special additional customs clearance fees and/or import duties are not included in the price and are the responsibility of the customer.
Article 11 - Delivery and execution
The company will take the greatest care in receiving and executing product orders.
The place of delivery is the address that the consumer has made known to the company.
Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders diligently, but no later than 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 be executed partially, the consumer will be informed no later than 30 days after the order was placed. In this case, the consumer has the right to terminate the contract free of charge and is entitled to possible compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur will reimburse the amount paid by the consumer as soon as possible, but at the latest within 14 days after termination.
If the delivery of an ordered product proves impossible, the entrepreneur will endeavour to provide a replacement item. At the latest upon delivery, it will be indicated in a clear and comprehensible manner that a replacement item has been delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shall be borne by the entrepreneur.
The risk of damage and/or loss of the products lies with the entrepreneur until the time of delivery to the consumer or to a person previously designated and brought to the attention of the entrepreneur's representative, unless expressly agreed otherwise.
Any special additional customs clearance fees and/or import duties are not included in the price and are the responsibility of the consumer.
Article 12 - Duration of transactions: duration, termination and renewal
Termination
The consumer may terminate a contract of indefinite duration concluded for the regular delivery of products (including electricity) or services at any time, in compliance with the agreed termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract concluded for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the applicable termination rules and a notice period not exceeding one month.
The consumer may terminate the contracts mentioned in the preceding paragraphs:
terminate at any time and not be limited to termination at any specific time or period;
at least terminate them in the same manner in which they were entered into by him;
always terminate with the same notice period as the contractor has set for himself.
Renewal
A fixed-term contract concluded for the regular supply of products (including electricity) or services cannot be tacitly extended or renewed for a fixed period.
Notwithstanding the preceding paragraph, a fixed-term contract concluded for the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this renewed contract towards the end of the renewal with notice not exceeding one month.
A fixed-term contract concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate it at any time with notice not exceeding one month and with notice not exceeding three months in the case where the contract extends to the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
A limited-term contract for the regular supply of trial days, newspapers and magazines (trial or introductory subscription) does not continue tacitly and ends automatically upon expiry of the trial or introductory period.
Contract duration
If a contract lasts for more than one year, after one year the consumer may terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness preclude termination before the end of the agreed period.
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 referred to in Article 6, paragraph 1. In the event of an agreement on the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in the payment data provided or mentioned to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge the consumer reasonable costs known in advance.
Article 14 - Complaints
Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days, with a complete and clear description, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be processed within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect to receive a more detailed answer.
If the complaint cannot be resolved by mutual agreement, it results in a dispute subject to the dispute resolution procedure.
A complaint does not suspend the Contractor's obligations unless the Contractor otherwise indicates in writing.
If a complaint is deemed justified by the contractor, the latter will replace or repair, free of charge, at its discretion, the delivered products.
Article 15 - Disputes
For agreements between the entrepreneur and the consumer to which these general terms and conditions relate, only Dutch law applies. Even if the consumer resides abroad.