1.GENERAL
Welcome to Comfysassy.com
We provide goods and services to you subject to the
notices, terms, and conditions set forth in this agreement (the “Agreement”).
We may from time to time change the terms that govern your use of our Site. We
may change, move or delete portions of, or may add to, our Site from time to
time. Every time you wish to use our site, please check these Terms and
Conditions to ensure you understand the terms that apply at that time. Comfysassy.com
reserves the right to change this site and these terms and conditions at any
time.
To shop with us, you need to be at least 16 years old.
Any accessing, browsing, or otherwise using the site indicates your agreement
to all the terms and conditions in this Agreement. If you disagree with any
part of the Terms then you should discontinue access or use of the Site. Please
read this Agreement carefully before proceeding.
Please also read our Privacy Policy regarding personal
information provided by you. Comfysassy.com may send electronic mail to you for
the purpose of advising you of changes or additions to this Site, about any of Comfysassy.com’s
products or services, or for any other purpose(s) as you agree. You can
unsubscribe by using the link from any email newsletter or your personal
subscribe setting after logged in.
If
you have any query regarding the Conditions or the Data Protection Policies,
you may contact us anytime at customer.service@Comfysassy.com.
2.USE OF OUR WEBSITE
When you use this website, you agree to the processing
of the information and details and you state that all information and details
provided are true and correspond to reality. You represent and warrant that you
are at least 18 years old or visiting the Site under the supervision of a
parent or guardian. Subject to the terms and conditions of this Agreement, Comfysassy.com
hereby grants you a limited, revocable, non-transferable and non-exclusive
license to access and use the Site by displaying it on your internet browser
only for the purpose of shopping for personal items sold on the Site and not
for any commercial use or use on behalf of any third party, except as
explicitly permitted by Comfysassy.com in advance. Any breach of this Agreement
shall result in the immediate revocation of the license granted in this
paragraph without notice to you.
Except as permitted in the paragraph above, you may
not reproduce, distribute, display, sell, lease, transmit, create derivative
works from, translate, modify, reverse-engineer, disassemble, decompile or
otherwise exploit this Site or any portion of it unless expressly permitted by Comfysassy.com
in writing. You may not make any commercial use of any of the information
provided on the Site or make any use of the Site for the benefit of another
business unless explicitly permitted by Comfysassy.com in advance. Comfysassy.com
reserves the right to refuse service, terminate accounts, and/or cancel orders
in its discretion, including, without limitation, if Comfysassy.com believes
that customer conduct violates applicable law or is harmful to Comfysassy.com’s
interests.
You shall not upload to, distribute, or otherwise
publish through this Site any Content, information, or other material that: (a)
violates or infringes the copyrights, patents, trademarks, service marks, trade
secrets, or other proprietary rights of any person; (b) is libelous,
threatening, defamatory, obscene, indecent, pornographic, or could give rise to
any civil or criminal liability under local or international law; or (c)
includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful
code or properties. Comfysassy.com may assign you a password and account
identification to enable you to access and use certain portions of this Site.
Each time you use a password or identification, you will be deemed to be
authorized to access and use the Site in a manner consistent with the terms and
conditions of this Agreement, and Comfysassy.com has no obligation to
investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and
use of this site by anyone using the password and identification originally
assigned to you whether or not such access to and use of this site is actually
authorized by you, including without limitation, all communications and
transmissions and all obligations (including, without limitation, financial
obligations) incurred through such access or use. You are solely responsible
for protecting the security and confidentiality of the password and identification
assigned to you. You shall immediately notify Comfysassy.com of any
unauthorized use of your password or identification or any other breach or
threatened breach of this Site’s security.
In accordance with Customs regulations customers must
provide valid and accurate data. All consignee names, address and payers name
should be valid. Certain countries request that the consignee submit their ID
or passport to clear the package or for payment verification purposes. It is
the customers sole responsible for the accuracy of data that they provide to
us. Should any information be incorrect and prevent any shipment or deliveries
or customs clearance, we will not hold responsible and will not offer any
compensation in such cases.
Comfysassy.com will always comply with the law, and we
kindly remind users to do the same. As the importer customers are responsible
to comply with all laws and regulations in their own countries. Please refer to
our privacy policy for more information.
3.DATA & INFORMATION POLICY
When you use this website and place orders through it,
you agree to provide us with your email address, postal address and/or other
contact details truthfully and exactly. You also agree that we may use this
information to contact you in the context of your order if necessary
We respect your right to privacy. To see how we
collect and use your personal information, please see our Privacy Policy.
4.ERRORS
In case you detect that an error occurred when
entering your personal data during your registration as a user of this website,
you can modify them in the section “My Account”. In any case, you will be able
to correct errors related to the personal data provided during the purchase
process by contacting us, as well as exercising the right of rectification
contemplated in our Privacy Policy through Comfysassy.com. This website
displays confirmation boxes in various sections of the purchase process that do
not allow the order to continue if the information in these sections has not
been correctly provided. Also, this website offers details of all the items you
have added to your shopping cart during the purchase process, so that before
making the payment, you can modify the details of your order.
If you detect an error in your order after the
completion of the payment process, you should immediately contact our customer
service or email address above to correct the error.
While Comfysassy.com strives to provide accurate
product and pricing information, pricing or typographical errors may occur. Comfysassy.com
cannot confirm the price of an item until after you order. In the event that an
item is listed at an incorrect price or with incorrect information due to an
error in pricing or product information, Comfysassy.com shall have the right,
at our sole discretion, to refuse or cancel any orders placed for that item. In
the event that an item is mis-priced, Comfysassy.com may, at our discretion,
either contact you for instructions or cancel your order and notify you of such
cancellation.
5.TRADE RULES
5.1 Price and Payment
All prices are inclusive of VAT (where applicable) at
the rate appropriate to the country of receipt and are correct at the time of
entering the information on to the system. If for some reason we are unable to
ship your goods, the value of the items that are not shipped will be refunded
to your wallet in your Comfysassy.com Account or to the original method of
payment.
All prices are exclusive of delivery charges. The
total cost of the order is the price of the products ordered plus the delivery
charge.
Prices may change at any time, but (other than as set
out above) changes shall not affect the orders for which we have sent an Order
Confirmation.
Once you have selected all articles that you wish to
buy, they will be added to your basket. The next step will be to process the
order and make the payment. To that end, you must follow the steps of the
purchase process, indicating or verifying the information requested in each
step. Furthermore, throughout the purchase process, before payment, you can
modify the details of your order. You are provided with a detailed description
of the purchase process in the Shopping Guide. Also, if you are a registered user,
a record of all the orders placed by you is available in “My Account” area. You
may use, as payment method, the following cards: Visa, Mastercard, American
Express, Union Pay, Paypal and online banking etc.
To minimize the risk of non-authorised access, your
credit card details will be encrypted. Once we receive your order, we request a
pre-authorisation on your card to ensure that there are sufficient funds to
complete the transaction. The charge on your card will be made at the time your
order leaves our warehouse.
When you click “Authorise Payment”, you are confirming
that the credit card is yours. Credit cards are subject to verification and
authorisation by the card issuing entity. If the entity does not authorise the
payment, we shall not be liable for any delay or failure to deliver and we will
be unable to conclude any Contract with you.
5.2 Colors
We have made every effort to display, as accurately as
possible, the colors of our products that appear at the Site. However, as the
actual colors you see will depend on your monitor, we cannot guarantee that
your monitor’s display of any color will be accurate.
5.3 Packing
Unless otherwise provided, we will comply only with
its minimum packing standards for the method of transportation selected. The
cost of all special packing, loading or bracing requested by you will be paid
for by you.
5.4 Shipping & Delivery
Comfysassy.com ships from different warehouses in
different countries. For orders with more than one item, we may split your
order into several packages according to stock levels at our own discretion We
aim to deliver orders within seven working days of orders being placed.
However, sometimes during busy sale periods, deliveries may take longer. Please
note that Saturday and Sunday are not classed as working days. If you have not
received your delivery in ten working days please contact our Customer Services
through service@Comfysassy.com .
5.5 Title and risk of loss
Delivery to carrier shall constitute delivery to
Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of
Buyer relative to damage during shipping or delivery should be made directly to
the carrier. Any claims by Buyer against Our Company for shortage or damage
occurring prior to such delivery to carrier must be made within five (5) days
after receipt of the goods and accompanied by original transportation bill
signed by carrier noting that carrier received the goods from Our Company in
the condition claimed. Notwithstanding passage of the risk of loss to Buyer,
title and right of possession to the goods sold hereunder shall remain with Our
Company until all payments hereunder, including deterred payments evidenced by
notes or otherwise, Interest, carrying charges, shall have been made in cash,
and Buyer agrees to do all acts necessary to perfect and maintain such right
and title in Our Company.
5.6 Return of product
Goods can be returned in a designated period. The
exact return period and return policy differs from country to country. Please
contact our customer service for the detailed information. Customers returning
goods are responsible for freight charges.
Size wrong items and quality problem items can be
exchanged. For defective products, If a defect or damage is confirmed on the
returned products, we will give you a complete refund including the charges you
have accrued of delivery and return. The refund will be paid either to your
wallet or Comfysassy.com account or to the original method of payment.
The following items cannot be returned or exchanged:
bodysuits, lingerie & sleepwear, swimwear, jewelry, and accessories (except
scarves, bags, and mermaid blankets).
5.7 Reviews and Comments
Except as otherwise provided elsewhere in this
Agreement or on the site, anything that you submit or post to the site and/or
provide Comfysassy.com, including, without limitation, picture, video, ideas,
know-how, techniques, questions, reviews, comments, and suggestions
(collectively, “Submissions”) is and will be treated as non-confidential and
nonproprietary, and by submitting or posting, you agree to irrevocably license
the entry and all IP rights related thereto (excluding the moral rights such as
authorship right) to Comfysassy.com without charge and Comfysassy.com shall
have the royalty-free, worldwide, perpetual, irrevocable, and transferable
right to use, copy, distribute, display, publish, perform, sell, lease,
transmit, adapt, create derivative works from such Submissions by any means and
in any form, and to translate, modify, reverse-engineer, disassemble, or
decompile such Submissions. All Submissions shall automatically become the sole
and exclusive property of Comfysassy.com and shall not be returned to you and
you agree not to raise any dispute in connection with any use of the entry by Comfysassy.com
in the future.
You warrant that your Submissions, in whole or in
part, are clear and free of any IP right infringement, disputes or third party
claims. Comfysassy.com assumes no liability for any misuse of copyright or any
other rights of third parties by you. You undertake to defense for and
indemnify the Sponsor against any losses caused due to the use of the entries
for any purposes.
In addition to the rights applicable to any
Submission, when you post comments or reviews to the site, you also grant Comfysassy.com
the right to use the name that you submit with any review, comment, or other
Content, if any, in connection with such review, comment, or other content. You
represent and warrant that you own or otherwise control all of the rights to
the reviews, comments, and other Content that you post on this site and that
use of your reviews, comments, or other Content by Comfysassy.com will not
infringe upon or violate the rights of any third party. You shall not use a
false e-mail address, pretend to be someone other than yourself, or otherwise
mislead Comfysassy.com or third parties as to the origin of any Submissions or
Content. Comfysassy.com may, but shall not be obligated to remove or edit any
Submissions (including comments or reviews) for any reason.
6.INTELLECTUAL PROPERTY AND OWNERSHIP
You recognize and agree that all copyright, registered
trademarks and other intellectual property rights on all materials or contents
provided as part of the website belong to us at all times or to those who grant
us the license for their use. You may use said material only to the extent that
we or the usage licensers authorize expressly. This does not prevent you from
using this website to the extent necessary to copy the information on your
order or contact details. Comfysassy is a registered trademark, service
mark, and/or trade name of Comfysassy. No use of these marks may be made
without the prior written authorization of Comfysassy , except as necessary to
accurately identify the products or services of Comfysassy .
7.THIRD PARTY LINKS AND RESOURCES
Where our site contains links to other sites and
resources provided by third parties (including where our social media sharing
plug-ins include links to third party sites), these links are provided for your
information only. We have no control over the contents of those websites or
resources and accept no responsibility for them or for any loss or damage that
may arise from your use of them.
8. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay
in compliance with any of the obligations we assume under a Contract when
caused by events that are beyond our reasonable control (“Force Majeure”).
Force Majeure shall include any act, event, failure to exercise, omission or
accident that is beyond our reasonable control, including, among others, the
following:
·
Strike,
lockout or other forms of protest.
·
Civil
unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared
or not) or threat or preparation for war.
·
Fire,
explosion, storm, flood, earthquake, collapse, epidemic or any other natural
disaster.
·
Inability
to use trains, ships, aircraft, motorized transport or other means of
transport, public or private.
·
Inability
to use public or private telecommunication systems.
·
Acts,
decrees, legislation, regulations or restrictions of any government or public
authority.
·
Strike,
failure or accident in maritime or river transport, postal transport or any
other type of transport.
It shall be understood that our obligations deriving
from Contracts are suspended during the period in which Force Majeure remains
in effect and we will be given an extension of the period in which to fulfil
these obligations by an amount of time equal to the time that the situation of
Force Majeure lasted. We will provide all reasonable resources to end the
situation of Force Majeure or to find a solution that enables us to fulfil our
obligations by virtue of the Contract despite the situation of Force Majeure.
9. LIABILITY AND WAIVING LIABILITY,
STATUTORY CONSUMER RIGHTS
Unless otherwise indicated expressly in these
Conditions, our liability regarding any product acquired on our website shall
be limited strictly to the price of purchase of said product. Notwithstanding
the above, our liability shall not be waived nor limited in the following
cases:
·
in
case of death or personal harm caused by our negligence;
·
in
case of fraud or fraudulent deceit; or
·
in
any case in which it was illegal or illicit to exclude, limit or attempt to
exclude or limit our liability.
Notwithstanding the paragraph above, and to the extent
legally allowed, and unless these Conditions indicate otherwise, we shall not
accept any liability for the following losses, regardless of their origin:
·
loss
of income or sales;
·
operating
loss;
·
loss
of profits or contracts;
·
loss
of forecast savings;
·
loss
of data; and
·
loss
of business or management time.
Due to the open nature of this website and the
possibility of errors in storage and transmission of digital information, we do
not warrant the accuracy and security of the information transmitted or
obtained by means of this website, unless otherwise indicated expressly on this
website. All product descriptions, information and materials shown on this
website are provided “as is”, with no express or implied warranties or
conditions of the same, except those legally established. In this sense, if you
are contracting as a consumer or user, we are obliged to deliver goods that are
in conformity with the Contract, being liable to you for any lack of conformity
which exists at the time of delivery. It is understood that the goods are in
conformity with the Contract if they: (i) comply with the description given by
us and possess the qualities that we have presented in this website; (ii) are
fit for the purposes for which goods of this kind are normally used; (iii) show
the quality and performance which are normal in goods of the same type and
which can reasonably be expected To the extent permitted by law, we exclude all
warranties and conditions (whether express or implied), except those that may
not be excluded legitimately.
10. APPLICABLE LEGISLATION AND
JURISDICTION
The use of our website and the product purchase
contracts through said website shall be governed by the law of the State of New
York, USA. If you are entering into the contract as a consumer, nothing in this
Clause shall affect the statutory rights you have, as recognized in any
applicable legislation in this area.