Terms and Conditions

 

ONLINE TERMS AND CONDITIONS
COMFYSE.COM

Updated 14/01/2019

 

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.

Summary of some of your key rights:
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:
up to 30 days: if your goods are faulty, then you can get a refund;
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.

This contract sets out:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

In this contract:
• We, us or our means Comfyse Ltd;
• You or your means the person using our site to buy goods from us.

Who are we?
We are registered in England and Wales under company number: [10816553].
Our registered office is at: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ
(PLEASE DO NOT SEND ANY POST OR RETURNED ITEMS TO THIS ADDRESS)

 

1. INTRODUCTION
1.1 If you buy goods on our site you agree to be legally bound by this contract.
1.2 You may buy goods from our site for non-business reasons and for business reasons
1.3 This contract is only available in English. No other languages will apply to this contract.
1.4 When buying any goods you also agree to be legally bound by:
1.4.1 our website terms and conditions [and any documents referred to in them];
1.4.2 extra terms which may add to, or replace some of, this contract. We will contact you to let you know if we intend to do this by giving you one month’s notice. You can end this contract at any time by giving one month’s notice if we tell you extra terms apply; and
All these documents form part of this contract as though set out in full here.

2. INFORMATION WE GIVE YOU
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 read the acknowledgement email (see clause 3.2.1); or
2.1.2 contact us using the contact details at the top of this page.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3. ORDERING GOODS FROM US
3.1 Below, we set out how a legally binding contract between you and us is made.
3.2 You place an order on the site at www.comfyse.com. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
3.2.1 When you place your order at the end of the online checkout process e.g. when you click on the ‘pay now’ button we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
3.2.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the goods are unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to buy the goods from us;
(d) we are not allowed to sell the goods to you;
(e) you have ordered too many goods; or
(f) there has been a mistake on the pricing or description of the goods.
3.2.3 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) we will dispatch the goods to you.
3.3 If you are under the age of 18 you may buy any goods from the site.

4. RIGHT TO CANCEL THIS CONTRACT
4.1 You have the right to cancel this contract within 14 days without giving any reason, unless you have opened the packaging and used the goods. Used goods are unable to be reimbursed due to the hygiene factors involved with the Comfyse Cushy Cushion.

4.2 The cancellation period will expire after 14 days from the day of delivery.
4.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). Please include your name, address, email address, order number, items you bought and date of purchase.
4.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

5. EFFECTS OF CANCELLATION
5.1 If you cancel this contract, we will reimburse to you the payments received from you, excluding the costs of delivery.
5.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
5.3 We will make the reimbursement without undue delay, and not later than:
5.3.1 14 days after the day we received back from you any goods supplied; or
5.3.2 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
5.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

5.5 If you have received goods:
5.5.1 you shall send back the goods without undue delay and in any event not later than 7 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 7 days has expired.
5.5.2 you will bear the direct cost of returning the unused goods (must still be in the original packaging) and will need to ensure that the goods are adequately packaged for return. The cost is estimated at a maximum of approximately £5.95.
5.5.3 you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
5.5.4 We are unable to reimburse for goods deemed to have been used due to the hygiene considerations of such a good, particularly as bodily fluids can soil the goods, even from one usage. Please ensure that you try the cushion while it’s in the original packaging before you open it.

6. DELIVERY
6.1 We use Royal Mail/Parcel Force to deliver our goods.
6.2 The estimated date for delivery of the goods is set out in the Confirmation email (see clause 3.2.3).
6.3 If something happens which:
6.3.1 is outside of our control; and
6.3.2 affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
6.4 Delivery of the goods will take place when we deliver them to the address that you gave to us.
6.5 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
6.5.1 let you know;
6.5.2 cancel your order; and
6.5.3 give you a refund.
6.6 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
6.7 Currently we do not make deliveries to any addresses outside of the UK

7. PAYMENT
7.1 We accept the following credit cards and debit cards: Visa and Mastercard and PayPal payments [We do not accept cash.]
7.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
7.3 Your credit card or debit card will only be charged when the goods are dispatched.
7.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
7.4.1 Verified by Visa
7.4.2 Mastercard®SecureCodeTM:
7.5 If your payment is not received by us and you have already received the goods, you:
7.5.1 must pay for such goods within 7 days; or
7.5.2 must return them to us as soon as possible. Whilst in your possession, you must take reasonable care of the goods and not use them before you return them to us.
7.6 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
7.7 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 5.
7.8 The price of the goods:
7.8.1 is in pounds sterling (£)(GBP);
7.8.2 does not include the cost of:
(a) delivering the goods (if you want delivery options and costs, visit our webpage FAQs page before you place your order)

8. NATURE OF THE GOODS
8.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
8.1.1 are of satisfactory quality;
8.1.2 are fit for purpose;
8.1.3 match the description, sample or model; and
8.2 We must provide you with goods that comply with your legal rights.
8.3 The packaging of the goods may be different from that shown on the site.
8.4 While we try to make sure that:
8.4.1 all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to 5% in such weights, sizes and measurements in the following goods: Comfyse Cushy Cushion (Deluxe and Essential) and
8.4.2 the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.

8.5 Any goods sold:
8.5.1 at discount prices;
8.5.2 as remnants; or
8.5.3 as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
8.6 If we can’t supply certain goods (such as the Comfyse Cushy Cushion) we may need to substitute them with alternative goods of equal or better standard and value. In this case:
8.6.1 we will let you know if we intend to do this but this may not always be possible; and
8.6.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

9. FAULTY GOODS
9.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more information on your rights and what you should expect from us, please:
9.1.1 contact us using the contact details at the top of this page; or
9.1.2 visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06.
9.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
9.3 Please contact us using the contact details at the top of this page, if you want:
9.3.1 us to replace the goods;
9.3.2 a price reduction; or
9.3.3 to reject the goods and get a refund.

10. END OF THE CONTRACT
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

11. LIMIT ON OUR RESPONSIBILITY TO YOU
11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
11.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed; or
(b) that were not caused by any breach on our part;
11.1.2 business losses; and
11.1.3 losses to non-consumers.

12. DISPUTES
12.1 We will try to resolve any disputes with you quickly and efficiently.
12.2 If you are unhappy with:
12.2.1 the goods;
12.2.2 our service to you; or
12.2.3 any other matter;
please contact us as soon as possible.
12.3 The laws of England and Wales will apply to this contract.

13. THIRD PARTY RIGHTS
No one other than a party to this contract has any right to enforce any term of this contract.