Terms and Conditions
General Terms and Conditions Comfit
Article 1 - Definitions.
Within these terms and conditions, the definitions below apply:
Grace period: the term during which the consumer is able to make use of his right of withdrawal;
Consumer: the natural person who is not acting within the exercise of a profession or a business and who concludes a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract covering a series of products and/or services, where the obligation to deliver and/or to purchase is spread out over time;
Durable medium: any means allowing the consumer or the entrepreneur to keep information addressed to him personally in a manner that permits later consultation and reproduction of that information without alteration.
Right of withdrawal: the option for the consumer to renounce the distance contract during the cooling-off period;
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
Distance contract: an agreement in which, within a system organised by the entrepreneur for selling products and/or services at a distance, only one or more techniques for distance communication are used 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 moment.
General Terms and Conditions: these 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.
The text of these general conditions will be made available to the consumer before the distance contract is concluded. Where that is not reasonably possible, it will be stated, 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 and as quickly as possible upon request.
Where the distance contract is concluded electronically, then notwithstanding the previous paragraph and before that distance contract is concluded, the text of these general terms and conditions will be supplied to the consumer electronically in a manner that allows the consumer to store it easily on a durable data carrier. If that is not reasonably possible, before the distance contract is concluded it will be indicated where the general terms and conditions may be consulted electronically and that, at the consumer's request, they will be sent electronically or by other means free of charge.
Should 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 whichever applicable provision is most favourable to him.
If at any moment one or more provisions of these general conditions are wholly or partly void or annulled, the agreement and the remainder of these conditions stay in force, and the provision concerned will by mutual agreement be replaced without delay by a provision matching the scope of the original as closely as possible.
Situations that these general terms and conditions do not provide for must be judged 'in the spirit' of these general terms and conditions.
Any uncertainty about the interpretation or the content of one or more provisions of our terms and conditions must likewise be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
Where an offer carries a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is made without obligation. The entrepreneur is entitled to alter and adjust the offer.
The offer holds a complete and accurate description of the products and/or services being offered. That description is detailed enough for the consumer to assess the offer properly. Where the entrepreneur makes use of images, these are a truthful reflection of the products and/or services offered. Obvious mistakes or obvious errors within the offer do not bind the entrepreneur.
All images, specifications and data within the offer are indicative and cannot give rise to compensation or to dissolution of the agreement.
Images of products are a truthful representation of the products offered. The operator cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
Every offer contains information making clear to the consumer which rights and obligations are attached to accepting that offer. This concerns in particular:
the price including taxes;
the shipping costs that may apply;
the manner in which the agreement will be concluded and which actions this requires;
whether or not the right of withdrawal applies;
the method of payment, of delivery and of performance of the agreement;
the term for accepting the offer, or the term within which the entrepreneur guarantees the price;
the level of the rate for distance communication where the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate of the means of communication used;
whether the agreement is archived after being concluded and, if so, in what way the consumer may consult it;
the manner in which the consumer may, before concluding the agreement, verify the data he has provided in the context of the agreement and, if he wishes, correct them;
any languages other than Dutch in which the contract may be concluded;
the codes of conduct the trader is bound by and the manner in which the consumer may consult those 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
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and satisfies the conditions attached to it.
Where the consumer has accepted the offer electronically, the trader will confirm receipt of that acceptance electronically without delay. For as long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the agreement.
Where the agreement is concluded electronically, the entrepreneur will take suitable technical and organisational measures to secure the electronic transfer of data and to guarantee a safe web environment. Where the consumer is able to pay electronically, the entrepreneur will observe suitable security measures.
The entrepreneur may, within the legal frameworks, inform himself as to whether the consumer is able to meet his payment obligations, as well as of all those facts and factors that matter for the responsible conclusion of the distance contract. Where that investigation gives the entrepreneur good grounds not to enter into the agreement, he is entitled to refuse an order or an application, or to attach special conditions to its execution, stating his reasons.
The entrepreneur will supply 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 entrepreneur's establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer may use the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
the information on guarantees and on the after-sales service that exists;
the data listed in article 4 paragraph 3 of these conditions, unless the entrepreneur has already given the consumer that data before the agreement is performed;
the requirements for terminating the agreement where the agreement runs for longer than one year or runs for an indefinite period.
For a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition that the relevant products are sufficiently available.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option of dissolving the agreement without stating reasons during a period of 14 days. This reflection period starts on the day after the product is received by the consumer or by a representative designated beforehand by the consumer and made known to the entrepreneur.
Throughout the reflection period the consumer will treat the product and its packaging with care. He will unpack or use the product only to the extent needed to judge whether he wishes to keep it. Should he exercise his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and, where reasonably possible, in its original condition and packaging, following the reasonable and clear instructions given by the entrepreneur.
A consumer wishing to use his right of withdrawal is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must announce this by means of a written message/e-mail. Once the consumer has made known that he wants to use his right of withdrawal, the customer must send the product back within 14 days. The consumer must prove that the goods delivered were returned in time, for instance by means of a proof of shipment.
Where the customer has not expressed his intention to use his right of withdrawal, or has not returned the product to the entrepreneur once the terms mentioned in paragraphs 2 and 3 have expired, the purchase stands as a fact.
Article 7 - Costs in case of withdrawal
Where the consumer uses his right of withdrawal, the cost of returning the products is borne by the consumer.
Where the consumer has paid an amount, the entrepreneur will reimburse that amount as quickly as possible and no later than 14 days after the withdrawal. This is subject to the condition that the entrepreneur has already received the product back, or that conclusive evidence of the complete return can be presented.
Article 8 - Exclusion of right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. That exclusion of the right of withdrawal applies only where the entrepreneur has clearly stated it in the offer, at the very least in time for the conclusion of the contract.
Excluding the right of withdrawal is possible only for products
that the entrepreneur has created according to the consumer's specifications;
that are plainly personal in nature;
Which by their nature cannot be sent back;
Which spoil or age rapidly;
whose price depends on fluctuations of the financial market that lie beyond the Entrepreneur's control;
For individual newspapers and magazines;
for audio and video recordings and computer software whose seal the consumer has broken.
for hygiene products whose seal the consumer has broken.
Excluding the right of withdrawal is possible only for services
relating to accommodation, transport, restaurant business or leisure activities to be carried out on a given date or during a given period;
Whose delivery has begun with the express consent of the consumer before the withdrawal period had expired;
Relating to 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 raised, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations of the financial market over which the entrepreneur has no influence, at variable prices. This tie to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are permitted only where they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are permitted only where the entrepreneur has stipulated this and:
they result from statutory regulations or provisions; or
the consumer is entitled to terminate the contract on the day the price increase takes effect.
The prices stated 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 conform to the agreement, to the specifications stated in the offer, to the reasonable requirements of reliability and/or usability, and to the legal provisions and/or government regulations existing on the date the agreement is concluded. Where this has been agreed, the entrepreneur also guarantees that the product is suited to a use other than the normal one.
A guarantee given by the entrepreneur, the manufacturer or the importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the agreement.
Any defects or products incorrectly delivered must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. The entrepreneur is nevertheless never answerable for the ultimate suitability of the products for each individual application by the consumer, nor for any advice concerning the use or the application of the products.
The guarantee does not apply where:
The consumer has repaired and/or modified the products delivered himself, or has had them repaired and/or modified by third parties;
The products delivered have been exposed to abnormal conditions or have otherwise been handled carelessly, or handled contrary to the instructions of the entrepreneur and/or on the packaging;
The inadequacy results wholly or partly from regulations that the government has laid down or will lay down concerning the nature or the 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 exercise the greatest possible care when receiving and carrying out orders for products.
The place of delivery is the address 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 carry out accepted orders promptly and at the latest within 30 days, unless the consumer has agreed to a longer delivery period. Where delivery is delayed, or where an order cannot be carried out or can be carried out only in part, the consumer will be informed of 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 any compensation.
In the event of dissolution as described in the previous paragraph, the entrepreneur will refund the amount paid by the consumer as quickly as possible, and at the latest within 14 days after dissolution.
Where 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 moment of delivery to the consumer or to a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.
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 concluded for the regular delivery of products (including electricity) or of 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 concluded for the regular delivery of products (including electricity) or of services at any time at the end of the fixed term, in compliance with the applicable termination rules and with a period of notice 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 of services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract 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, provided the consumer may terminate that 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 where 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
Where a contract runs for more than one year, the consumer may at any time after that first year 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 referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period starts once the consumer has received the confirmation of the agreement.
The consumer has the duty to report immediately to the entrepreneur any inaccuracy in the payment data provided or mentioned.
In the event 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, once 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. Where 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.
Where 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.
Where the entrepreneur finds a complaint to be justified, the entrepreneur will, at his discretion, either replace or repair the products delivered free of charge.