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AGENCY TERMS AND CONDITIONS

COMPANY STRUCTURE

 

The moveable items offered on the Website are not sold by the Website Owner, however, by the Seller. A contract is therefore concluded between the Buyer and the Seller for the purchase of moveable items. This means that the Website Owner is not a party to this sales agreement. The general terms and conditions applicable between the Seller and the Buyer are included in this document for convenience. Please note that these general terms and conditions apply between the Buyer and the Seller and can therefore not be appealed to in respect of the Website Owner.

If the Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This Directive includes the following rights and warranties:

- The Seller shall provide the Buyer with information regarding taxes, payment, delivery and execution of the agreement, clearly and in writing.

- The Buyer will receive the order within 30 days, unless another term has been agreed with the Seller. If the moveable items in question are not (or no longer) available, the Seller must notify the Buyer accordingly. Any (down) payments must be refunded within thirty days, unless the Seller delivers a similar moveable item.

- The Buyer has a right of withdrawal, which means that the Buyer may reverse the purchase for at least fourteen days without stating reasons. Any shipping costs incurred will be borne by the Buyer. Any (down) payments must be refunded within thirty days.

 

ARTICLE 1 - DEFINITIONS

For the purposes of these agency terms and conditions, the terms below are defined as follows:

 

  1. Website: the provided platform accessible via https://comfortboxer.com/  including all associated subdomains.

 

  1. Website Owner: the company Comfort Basics B.V. established at Aartshertogenlaan 258A in ‘s-Hertogenbosch and registered with the Chamber of Commerce under number 78563445.

 

  1. Buyer: the person who makes a purchase on the above-mentioned website.

 

  1. Seller: a company which, either as a producer or as a trader, sells moveable items to the Buyer.

 

ARTICLE 2 - PURCHASER'S RIGHTS

If the Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This Directive includes the following rights and warranties:

 

  1. The Seller shall provide the Purchaser with information regarding taxes, payment, delivery and execution of the agreement, clearly and in writing.

 

  1. The Buyer receives the order within 30 days, unless another term has been agreed with the Seller. If the moveable items in question are not (or no longer) available, the Seller must notify the Buyer accordingly. Any (down) payments must be refunded within thirty days, unless the Seller delivers a similar moveable item.

 

  1. The Buyer has a right of withdrawal, which means that the Buyer may revoke the purchase for at least fourteen days without stating reasons. Any shipping costs incurred will be borne by the Buyer. Any (down) payments must be refunded within thirty days.

 

ARTICLE 3 - NATURE OF THE AGENCY SERVICE

  1. The moveable items offered on the Website are not sold by the Website Owner, however, by the Seller. A contract is therefore concluded between the Buyer and the Seller for the purchase of moveable items. This means that the Website Owner is not a party to this sales agreement.

 

  1. Certain moveable items are purchased from third parties through the Website, whether or not established in the European Union.

 

  1. The service provided by the Website Owner is an agency service provided to a third party. When ordering a moveable item via the Website, the Website Owner is authorised to act as a mediator, in the name of the Buyer and on behalf of the Buyer, and to order the moveable item from the actual Seller of the moveable item in question.

 

  1. If the actual Seller has its registered office outside the Netherlands and as a result the moveable items in question have to be imported, this shall take place under the name of the Buyer. Additional costs, such as import VAT and (customs) clearance costs shall be borne by the Buyer.

 

ARTICLE 4 - PAYMENT

  1. The settlement of the payment of the purchased product takes place via the Website Owner. The Website Owner organises (re)payment to the actual Seller.

 

  1. The prices mentioned on the Website may differ from the amounts paid by the Website Owner (re)pays to the actual Seller. The Seller may be given the opportunity to purchase the product for a lower amount after it was bought by the Buyer. In such case, the difference between the amount paid by the Buyer and the amount paid to the actual Seller is considered compensation for the agency service provided by the Website Owner to the third party.

 

ARTICLE 5 - COMPLAINTS PROCEDURE

  1. In the event the Buyer is dissatisfied with the implementation of the (agency) agreement, this can be communicated to the Website Owner via the contact details mentioned on the Website. Every notification made by the Buyer will be handled by the Website Owner with all due care and as soon as possible. The Website Owner will give a substantive response to the Buyer no later than fourteen days after receipt of the report.

 

  1. In the event of dissatisfaction with the procedure referred to in paragraph 1 of this article, the Buyer may turn to the Disputes Committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).