GENERAL TERMS AND CONDITIONS
is a brand name of
St-Sebastiaansplein 5, B-9600 Brakel
Article 1: General provisions
The e-commerce website of ComfortStrap – Consultare BV, a BV with registered office at St-Sebastiaansplein 5, B-9660 Brakel, BTW BE0455.117.862, RPR Gent Department Oudenaarde, (hereinafter referred to as ComfortStrap) offers its customers the opportunity to purchase products from its webshop online.
These General Terms and Conditions (“Terms and Conditions”) apply to every order placed by a visitor to this e-commerce website (“Customer”).
When placing an order via the ComfortStrap webshop, the Customer must explicitly accept these Terms and Conditions, by which he agrees to the applicability of these Terms and Conditions, to the exclusion of all other terms and conditions. Additional terms and conditions of the Customer are excluded, unless they have been previously, in writing and expressly accepted by ComfortStrap.
Article 2: Price
All mentioned prices are expressed in EURO, including VAT and all other taxes or duties to be borne by the Customer. If delivery, reservation or administrative costs are charged, this will be stated separately.
The indication of price refers exclusively to the articles as described verbatim. The accompanying photos are meant for decoration and may contain elements that are not included in the price.
Article 3: Offer
Despite the fact that the online catalogue and the e-commerce website are compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer do not bind ComfortStrap. As far as the correctness and completeness of the offered information is concerned, ComfortStrap is only bound to an obligation of means. ComfortStrap is under no circumstances liable in case of manifest material errors, typesetting or printing errors.
If the customer has specific questions about e.g. sizes, color, availability, delivery time or delivery method, we ask the customer to contact us in advance via the contact page on our website.
The offer is always valid as long as stocks last and can be adjusted or withdrawn at any time by ComfortStrap. ComfortStrap cannot be held liable for the unavailability of a product.
Article 4: Online purchases
Description order procedure: The customer goes to the tab ‘Shop’. There the customer can choose the desired product, its colour and the number of pieces. The customer can find more information under ‘Description’ and ‘Additional information’. Once the customer is sure of his/her order, the button ‘in my shopping cart’ can be used to go to the shopping cart.
Once in the shopping cart, the customer will be notified of what has just been added. The customer enters the invoicing data. The customer can also enter a different delivery address. The customer must enter the desired address in order to complete the order and delivery correctly. Shipping is done by courier companies via Sendcloud or directly. For this the customer pays a shipping cost. The customer can find these shipping costs in the overview in the shopping cart under ‘Shipping’. If desired, the customer can also add a comment. The customer now sees the total amount to be paid. This amount includes VAT. After this the customer chooses the desired payment method. For this he / she has the choice between: Credit Card (MasterCard, American Express or Visa), Bancontact, or PayPal. All additional costs due to the payment method will be mentioned, unless ComfortStrap takes care of the costs.
The customer must indicate the box (OPT-IN) where he/she declares to have read and agree to the General Terms and Conditions of ComfortStrap. The customer can read the General Terms and Conditions by clicking on the link and can also download them by clicking on the ‘download’ button. The customer can now click on the ‘Place order’ button. If certain fields are not filled in or are filled in incorrectly, they will receive a red error message. The customer must first solve these error messages before clicking on ‘Place order’ again. The customer will now receive an order confirmation by e-mail.
ComfortStrap is entitled to refuse an order due to a serious shortcoming of the Customer with regard to orders in which the Customer is involved.
Article 5: Delivery and execution of the agreement
Once the order has been created by the customer, ComfortStrap is notified so that the order can be prepared for transport as quickly as possible. As soon as we are working on the order, we can inform the customer by clicking on the button ‘processing’ in our order overview. The customer will then receive an email with the message that we have received the order correctly and that we are preparing the package for shipment. The customer’s data will be processed by us or Sendcloud who will create a label with the necessary barcode to send the parcel safely. As soon as the order has been shipped, the customer receives a notification via email that his/her order has been shipped. Delivery time depends on the courier company. Our courier companies strive to deliver the domestic parcels the next working day. However, this is not a guarantee. For neighbouring countries, they apply a delivery period of 2 to 4 days. The country zone is also requested with the address details. This automatically calculates the shipping costs and adds them to the shopping basket. This gives the customer a clear overview of how the total price was obtained.
Deliveries outside the European Union are not yet possible.
Any delays caused after delivery by ComfortStrap at the courier company are not the responsibility of ComfortStrap. ComfortStrap makes it possible to deliver the order within the specified period of time, but cannot guarantee this as we work with external partners.
Unless otherwise agreed or expressly stated, the goods will be delivered to the customer’s place of residence within a maximum of 30 days after receipt of the order. Any visible damage and/or qualitative defect of an item or any other shortcoming in the delivery must be reported by the Customer to ComfortStrap immediately and without delay.
The risk of loss or damage shall pass to the Customer as soon as he (or a third party designated by him that is not the carrier) has acquired physical possession of the goods. However, the risk shall pass to the Customer upon delivery to the carrier if the carrier was instructed by the Customer to transport the goods and this choice was not offered by ComfortStrap.
Article 6: Retention of title
The purchased items remain the exclusive property of ComfortStrap until the moment of full payment by the Customer. If necessary, the Customer undertakes to inform third parties of ComfortStrap’s retention of title, e.g. to anyone who would be seized on items that have not yet been paid for in full.
Article 7: Right of withdrawal
The provisions of this article only apply to Customers who, in their capacity as consumers, purchase articles online from ComfortStrap. The Customer has the right to revoke the agreement within a period of 14 calendar days without giving reasons. The revocation period expires 14 calendar days after the day on which the Customer or a third party other than the carrier designated by the Customer acquires physical possession of the last good.
In order to exercise the right of revocation, the Customer must inform ComfortStrap of its decision to revoke the contract by means of an unambiguous statement (e.g. in writing by post or e-mail). For this purpose, the Customer may use the model revocation form, but is not obliged to do so.
MODEL REVOCATION FORM
To [name, address, email address webshop]:
I/We* hereby give notice that I/We* hereby give notice of our agreement concerning the sale of the following goods (*)
Ordered at(*)/Received at(*)
Name(s) of consumer(s)
Signature of consumer(s) (only if this form is submitted on paper)
(*) Delete where not applicable
In order to comply with the revocation deadline, the Customer must send his notice concerning his exercise of the right of revocation before the revocation deadline has expired.
The Customer must return or hand over the goods to Consultare BV’s registered office at St-Sebastiaansplein 5, B-9660 Brakel without delay, but in any event no later than 14 calendar days after the day on which it has notified ComfortStrap of its decision to revoke the contract. The Customer will be on time if he returns the goods before the period of 14 calendar days has expired.
The direct costs of returning the goods will always be borne by the Customer.
If the returned product has in any way diminished in value, ComfortStrap reserves the right to hold the Customer liable and to claim damages for any diminished value of the goods resulting from the use of the goods by the Customer beyond what is necessary to determine the nature, characteristics and operation of the goods. Only items that are in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase may be taken back.
If the Customer cancels the agreement, ComfortStrap will refund to the Customer all payments received from the Customer up to that time, including the standard delivery costs, within a maximum of 14 calendar days after ComfortStrap has been informed of the Customer’s decision to cancel the agreement. In the case of sales contracts, ComfortStrap may wait with the refund until it has received back all goods, or until the customer has demonstrated that he has returned the goods, whichever is the earliest.
Any additional costs resulting from the customer’s choice of a method of delivery other than the cheapest standard delivery offered by ComfortStrap will not be refunded.
ComfortStrap will reimburse the Customer by the same means of payment as the Customer used for the original transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not be charged any costs for such reimbursement.
If goods have been taken out of their packaging and used, return is no longer possible.
Article 8: Warranty
Consumers have legal rights under the applicable consumer protection legislation when selling consumer goods. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
In order to make a claim under the guarantee, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
For items purchased online and delivered to the customer’s home, the customer must contact ComfortStrap and return the item to ComfortStrap at his expense.
If a defect is detected, the customer must inform ComfortStrap as soon as possible. In any case, any defect must be reported by the customer within a period of 2 months after its discovery. After this period, any right to repair or replacement expires.
The (commercial and/or statutory) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, adjustments or modifications to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless the Customer provides evidence to the contrary.
Article 9: Customer support
The customer support of ComfortStrap is exclusively via e-mail at email@example.com. Possible complaints can be directed to this.
Article 10: Penalties for non-payment
Without prejudice to the exercise of other rights available to ComfortStrap, in the event of non-payment or late payment from the date of the default, the Customer shall owe interest of 10% per annum on the unpaid amount by operation of law and without a reminder. In addition, the Customer shall automatically and without notice owe a fixed compensation of 10% on the amount in question, with a minimum of EUR 50 per invoice. Without prejudice to the foregoing, ComfortStrap reserves the right to take back the items not (fully) paid for.
Article 11: Privacy
ComfortStrap respects your personal data and processes them in accordance with the applicable Belgian and European legislation. The personal data provided by you (in particular your name, address, e-mail address, etc.) will only be used for the following purposes: the execution of the concluded agreement, the processing of the order.
You have a legal right of access and possible correction of your personal data. Subject to proof of identity (copy of identity card), you can obtain the written communication of your personal data free of charge via a written, dated and signed request to ComfortStrap. If necessary, you can also ask to correct data that is incorrect, incomplete or inapplicable.
In case you have given permission for the use of your personal data for direct marketing, you can always object to this free of charge. To do so, you can always contact ComfortStrap via firstname.lastname@example.org.
We treat your data as confidential information and will not pass it on, rent or sell it to third parties.
ComfortStrap keeps online (anonymous) visitor statistics in order to be able to see which pages of the internet site are visited and to what extent.
If you have any questions about this privacy statement, please contact us at email@example.com.
During a visit to the site, ‘cookies’ may be placed on your computer’s hard drive. A cookie is a text file that is placed by a website’s server in your computer’s browser or on your mobile device when you consult a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.
First party cookies are used by the site visited and are intended to make the site function optimally. Third party cookies are also used. Third party cookies are cookies that do not come from the website itself, but from third parties, e.g. cookies from Facebook or Google Analytics. For such cookies, the site visitor must first give permission – this can be done via a bar at the bottom or top of the website, with reference to this policy, which does not, however, prevent further surfing on the website.
You can set your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphical elements may not appear correctly, or that you will not be able to use certain applications.
Article 13: Impairment of validity – non-avoiding
If any provision of these Terms and Conditions is declared invalid, unlawful or void, this shall in no way affect the validity, legality and applicability of the other provisions.
ComfortStrap’s failure at any time to enforce any of the rights enumerated in these Terms and Conditions, or to exercise any right hereunder, shall not be construed as a waiver of such provision and shall not affect the validity of these Terms and Conditions.
Article 14: Modification of Conditions
These Terms and Conditions are supplemented by other terms and conditions to which explicit reference is made, and the general terms and conditions of sale of ComfortStrap. In the event of contradiction, these Terms and Conditions shall prevail.
Article 15: Proof
The Customer accepts that electronic communications and backups may serve as evidence.
Article 16: Applicable law – Competent judge
Belgian law shall apply, with the exception of the provisions of private international law on applicable law and with the exception of the Vienna Convention on Contracts for the International Sale of Goods. Unless the Customer is a consumer, in the event of any disputes, only the courts of the district of Ghent, Department Oudenaarde will be competent to hear and determine such disputes.
Translation of Algemene Voorwaarden (NL) which are applicable.