Legal Advice

GENERAL TERMS AND CONDITIONS OF PURCHASE, CONTRACTING, AND USE

I. OBJECT

These General Terms and Conditions of Contracting, Sale, and Use govern the use of the website www.comfywearclo.com (hereinafter “General Conditions”), owned by Aventys Solutions Limited located at Room 517, New City Centre, 2 Lei Yue Mun Road, Kwun Tong, Hong Kong, with commercial number 69384297. (Hereinafter “comfywearclo.com”), which makes it available to individuals who access it (hereinafter the “user”), in order to provide them with information regarding different products and facilitate access to them through their acquisition under the conditions offered on the website, through the established contracting procedure (collectively referred to as the “Services”).

In these conditions, comfywearclo.com provides information about different products, offering its customers the possibility to acquire them through comfywearclo.com, under the conditions specified here. The information contained on this website does not constitute a sales offer but an invitation to contract. There will be no contract between you and us in relation to any product until your order has been expressly accepted by us. The various offers provided to users on the website are exclusively directed to adult end-users. Therefore, by accessing the contracting of the Services, the user declares to be of legal age and to have the necessary legal capacity for contracting. Comfywearclo.com is not responsible for the legal consequences and expenses that may arise from the contracting of the Services by a minor or incapacitated person, being in any case responsible whoever is liable according to the law.

Comfywearclo.com reserves the right not to enter into any contract with any user who makes fraudulent use of the website or who breaches or contravenes any of the conditions contained in these General Conditions, and in such a case, comfywearclo.com may withdraw their status as a client of the website and deny them access to comfywearclo.com.

These General Conditions apply to all contracts you enter into through the website, as well as in all business relationships of any kind between comfywearclo.com and you unless expressly indicated otherwise. In the event that any period is established in these General Conditions, it shall be understood as working days, which includes all days of the week except Saturdays, Sundays, and national and local holidays at the domicile of comfywearclo.com.

II. CONTRACTING THE SERVICE/PRODUCT

Users are obliged and committed to using the website and the services offered there correctly, lawfully, and diligently, and especially not to make any use of the website that may be contrary to its own purposes or the law.

Users are responsible for ensuring that the information they provide for their registration as users of the website is complete, true, and correct. They also agree not to make any false or fraudulent orders. If it could reasonably be considered that an order of this kind has been made, comfywearclo.com is authorized to cancel it and inform the authorities. Users will be liable for any damages of any kind that may arise as a result of the breach of any of the rules of use of the website, its General Conditions, and any obligation required by law.

Only one customer account per user is allowed. Multiple registrations are prohibited and will be deleted by comfywearclo.com.

Comfywearclo.com is not responsible for errors or omissions that the website may contain, nor for any direct or indirect damage that may result from its use. This website may allow the user to access third-party information or, through links, access other websites managed by third parties, for whose content, information, errors, or omissions comfywearclo.com is not in any way responsible. The existence of such links does not imply that comfywearclo.com recommends or approves in any way their contents. Therefore, the user’s navigation through such websites outside comfywearclo.com will be at their sole and exclusive responsibility, with total indemnity for comfywearclo.com.

All contracts that users may carry out through this website are made with comfywearclo.com. The purchase of products is made following the procedure established for this purpose on the website.

During the purchase process, the system will ask you to read and accept all of these General Conditions. The contract will be considered formalized and perfected at the moment we confirm your order from comfywearclo.com. After confirming the payment authorization by the chosen means, you will receive an email with the details of your order. All orders are subject to our acceptance, of which you will be informed by means of an email in which we will confirm that the product is being shipped. Only those products listed in the shipping confirmation will be subject to the contract. We will not be obliged to supply any product that may have been ordered until we confirm the shipment of the same through the shipping confirmation.

The prices offered and listed on the website for the product at the time of making the corresponding order will apply to the orders that the user makes through this website, unless there is an error in them. In any case, comfywearclo.com reserves the right to modify the prices of the products offered at any time, without prejudice to the fact that these will be invoiced at the price in force at the time of registering the order. These product prices include VAT at the rate in force at the time of purchase (except in cases provided by law) as well as any other applicable taxes.

Shipping costs are free (depending on the country of shipment).

In any case, the delivery of the product is considered made from the moment in which the product has been made available at the place of delivery indicated by the customer or at the corresponding collection point. If at the time of delivery of the product at the address indicated by the customer, no one is at home, the customer will have the obligation to contact the carrier to arrange a delivery date. In the event that, after arranging a delivery date, it could not be made for reasons not attributable to the carrier or to comfywearclo.com, the product will be returned to the seller, in which case the website comfywearclo.com may charge shipping and return costs, as well as possible associated management expenses. Subsequently, it will proceed to refund the amount paid by the customer prior to deducting the amounts referred to above.

Any order that is returned to the origin because the address indicated in the order is incomplete, incorrect, or delivery has been attempted without success, we may resend it with a cost of €20 per pair of the shoe price. If a refund of that shipment is requested, it will be made applying that €20 supplement as well.

At the time of delivery of the product, the customer or the recipient thereof is obliged to show an identification document to the carrier, verify the apparent condition of the packages, and sign and note on the delivery note (in the format presented by the carrier) the apparent observations and reservations at that time (missing packages, damage, apparent tampering of products or packaging). If the delivery note is in paper format, the customer must request a copy of the delivery note from the carrier. In the event that, upon opening the packages with the products, the customer observes that they are damaged, they must communicate it by email addressed to [email protected], within 5 calendar days from delivery.

Taxes, Fees, Customs

The website comfywearclo.com is an online sales commerce within the category of Dropshipping. This means that the Customer is solely responsible for paying customs charges (fees and VAT) that may be generated in the processing of the product(s), and nothing can be claimed from the website comfywearclo.com or its owners. We reiterate that it is the seller who directly delivers the product to the customer.

III. FORMS OF PAYMENT

CREDIT OR DEBIT CARD

For payment with a bank card and in order to provide greater security to the owners of credit cards, we use the Sabadell bank’s payment gateway with the secure payment system called CES (Secure Electronic Commerce).

On the “Checkout” webpage, you will enter the necessary data related to billing details (name and surname, billing address, shipping address, contact email, and phone). Likewise, the Customer can check the orders they are going to place in the “YOUR CART” section of said webpage. To proceed with the purchase of the product(s), you must accept the terms and conditions of sale of the website, being redirected to the REDSYS VISA platform. The purchase contract of the product(s) between the Customer and the website will be deemed concluded when the former receives a confirmation email from comfywearclo.com.

Thus, you must be the holder of a “secured” card to make card payments on comfywearclo.com.

When paying by card, you will always be asked for the following data: the card number, the expiration date, and a Validation Code that matches the last 3 digits of the number printed in italics on the back of your card; in this way, we offer more guarantees in payment security.

If you have not yet received a personal key for exclusive use for Internet payments, we advise you to request your financial institution to adhere your cards to the Secure Electronic Commerce service. For this, you can contact your bank.

IV. PRODUCT DELIVERY

Comfywearclo.com undertakes to deliver in perfect condition the product subject to the order, at the address indicated by you in the purchase process within the time indicated for each of the shipping methods after acceptance of the order, except for unforeseen circumstances of force majeure.

This address must be within the territory. It is the buyer’s responsibility that delivery can be made at the address provided during working hours in which courier companies make their deliveries. In this sense, comfywearclo.com reserves the right to cancel the order in case it cannot make the shipment due to the customer’s fault, not being at the indicated address at the scheduled time, and provided that this occurs on two occasions. In such a case, comfywearclo.com must refund the amounts paid by the customer, except for shipping costs, which will not be refunded.

In the event that the product or products shipped have any damage when delivered or you have been delivered a product that is not the one requested, the customer must contact the Customer Service department.

Users can access their complete or recently shipped orders, pending receipt, in the password-protected area. In this area, you can also change, manage, and save your personal information and subscription offers to publications from comfywearclo.com.

V. WARRANTY

All items marketed on comfywearclo.com are guaranteed under the terms provided in Royal Legislative Decree 1/2007, of November 16, which approves the Revised Text of the General Law for the Defense of Consumers and Users.

Our Customer Service department is at your service to help you resolve any doubts about our products. If you need help choosing your size or model, do not hesitate to call us or write to us.

All orders are handled and shipped from our warehouse. Please allow additional time for your order to be processed during holidays and sales seasons. We process orders from Monday to Friday. Orders will be processed within 1-4 business days from the date of order payment and shipped the next day after the processing day. Please note that we do not ship on weekends.

Orders are shipped within 1-3 business days from your payment and receipt for shipping with International Mail is between approximately 10-15 business days. A tracking number will be provided from the moment it is shipped, which will be active from 72 business hours. These deadlines may vary due to reasons beyond our operation such as holidays, weather conditions, or the speed of customs processing.

All our shipments are made from completely legal international and national transport companies. We work with International Mail to deliver your orders to your homes within 15-25 business days. If due to any problem the order does not arrive within a maximum period of 70-75 business days or, in the exceptional case, does not arrive, let us know and we will proceed to make a full refund of the amount paid or send another product at no charge via a purchase voucher.

Return Policy:

Returns of the order will only be accepted due to a size error by comfywearclo.com, in which case the return will be accepted, provided that the customer notifies it within a maximum period of 14 calendar days from the receipt of the shipment, and the correct size will be sent.

For any questions or queries related to the logistical information of your return, you can send an email to: [email protected]

Exchanges and returns of orders due to an error by comfywearclo.com will be free.

In any other case, we DO NOT make returns or size exchanges, only the one mentioned above or if the product comes defective from the factory.

In the case of a NOT ACCEPTED return because the product(s) are NOT in the same conditions in which it was sent, the product(s) will be made available to the customer at comfywearclo.com’s facilities. If the customer wants the product(s) of the NOT ACCEPTED return to be sent to them, they will have to bear the shipping costs of the new shipment.

The supplied items have a manufacturing defect warranty; in case a manufacturing defect is appreciated in the item, the user must communicate it to comfywearclo.com within a maximum period of two months from its verification. Once the products have been examined by the quality department of comfywearclo.com, if the existence of a manufacturing defect in the product is verified, comfywearclo.com will confirm to the customer by email such circumstance and, if the defect can be remedied, so that after its repair it is in perfect condition of use, or if the defect cannot be remedied and the nature of the product allows it, will offer the replacement of the same by another identical or the refund of the amount paid in case the above is not possible due to lack of stock. Refunds will be made by the same payment system used by the customer. Given the nature of the items marketed by comfywearclo.com, subject to seasons, it is advisable that the customer communicates any incident they notice in the item as soon as possible without exhausting the period of two months, since any delay in communicating possible manufacturing defects in the item could make it impossible to replace or remedy it at the factory.

The warranties and after-sales services will be governed by the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the text of the General Law for the Defense of Consumers and Users.

VI. EVENTS BEYOND OUR CONTROL

Comfywearclo.com is not responsible for any breach or delay in the fulfillment of the obligations assumed in the contracts whose cause is due to events that are beyond its reasonable control (Force Majeure).

Force Majeure causes will include any act, event, lack of exercise, omission, or accident that is beyond our reasonable control and among others, the following:

a) Strikes, lockouts, or other industrial action.

b) Civil commotion, riot, invasion, terrorist attack, war or threat of war or preparation for war.

c) Fire, explosion, storm, flood, earthquake, epidemic, or any other natural disaster.

d) Impossibility of the use of trains, ships, aircraft, motor transport, or other means of public or private transport.

e) Impossibility of the use of public or private telecommunications systems.

f) Acts of any government or public authority that limit mobility, transportation, or communications.

g) Strike, failures, or accidents of maritime, river, or land transport or any other type of transport.

It will be understood that the obligations of comfywearclo.com derived from the contract will be suspended during the period in which the cause of force majeure manifests and continues, with comfywearclo.com having an extension of time to fulfill such obligations for a period equal to the duration of the cause of force majeure. Comfywearclo.com will use all reasonable means to bring the aforementioned cause to an end, or to find a solution that allows it to fulfill its obligations under the contract despite the concurrence of the cause of force majeure.

VII. CUSTOMER SERVICE AND COMPLAINTS

Customer satisfaction is comfywearclo.com’s main concern. Therefore, comfywearclo.com will address any doubt or complaint from its customers as soon as it becomes aware of it, committing to respond as soon as possible.

To this end, in case you wish to raise any query or make any complaint, you can contact the Customer Service Department of comfywearclo.com.

VIII. APPLICABLE LAW AND JURISDICTION

These terms of use are governed by Spanish Law, with the parties agreeing to submit to the jurisdiction of the Courts and Tribunals of Coslada, in case of dispute or controversy related to the application or interpretation thereof. The language in which the contracting is carried out is Spanish.

IX. FINAL PROVISIONS

In the event that any clause of these General Conditions is declared null and void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these General Conditions.

The non-exercise by comfywearclo.com of any right derived from these General Conditions shall never be interpreted as a waiver of such right, which can only be done expressly and in writing.

These General Conditions constitute the sole and express will of comfywearclo.com and its customers in relation to their object, and invalidate and replace any other agreements or covenants that may exist between the parties, whether verbal or written. Any modification of these General Conditions must be made in writing and by mutual agreement between the parties.

The Contract is binding both for you and for us, as well as for our respective successors, assignees, and heirs. You may not transmit, assign, encumber, or otherwise transfer a Contract or any of the rights or obligations derived from it in your favor or for you, without having obtained our prior written consent. For our part, we may transmit, assign, encumber, subcontract, or otherwise transfer a Contract or any of the rights or obligations derived from it in our favor or for us, at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, encumbrances, or other transfers will not affect the rights that, if any, you have as a consumer recognized by law or will annul, reduce, or limit in any other way the guarantees, both express and implied, that we may have granted you.

Users must not make improper use of this website by introducing viruses, trojans, worms, logic bombs, or any other program or technologically harmful or damaging material; nor should they make unauthorized access to the website, the server on which this website is hosted, or any server, computer, or database related to this website. The user also agrees not to attack the website through a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. Comfywearclo.com will report any breach of said regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, the offender will immediately cease to be authorized to use this website.

Comfywearclo.com will not be liable for any damage or loss resulting from a denial-of-service attack, virus, or any other program or technologically harmful or damaging material that may affect your computer, computer equipment, data, or materials as a result of the use of this website or the download of content from it or those to which it redirects you.

The applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that most of the communications with comfywearclo.com are electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notifications, information, and other communications that we send you electronically comply with the legal requirements of being in writing. This condition does not affect your rights recognized by law.