Preamble
These general conditions of sale apply to all sales concluded on the website
www.makecomfy.com.
Contacts details:
- The link to our website: www.makecomfy.com
- Company name: Makecomfy
- Email: info@makecomfy.com
- Address: 4926 Rose blossom Ln, Hazelwood, MO, 63042
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented in the Seller's catalogues. The photographs and graphics presented are not contractual and can not engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its properties and essential characteristics.
Product offers are subject to availability.
The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.
Principles
These general conditions express the entirety of the obligations of the parties. In this sense, the customer is deemed to accept them without reservation.
These general conditions of sale, and in particular those applicable to sales in stores or by means of marketing or other distribution channels, apply to the exclusion of all other conditions.
They are accessible on the www.makecomfy.com website and will prevail, if necessary, over any other version or any other contradictory document.
The buyer and the seller agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time, which will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in the United States.
Content
Object. The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the www.makecomfy.com website.
Capacity. The use of the site to place an order presumes the and acceptance of all the terms of these general conditions The Customer declares to be of legal age and able to contract under the law of his country or declares to represent, by virtue of a valid mandate, the person for whom he places the order.
Acceptance of the terms of sale. The Customer declares to have read the general conditions and to have accepted them before any purchase, which implies the unreserved acceptance of these general conditions of sale. By this acceptance, the customer acknowledges that he has benefited upstream of any order, sufficient information and advice from the company, allowing him to ensure the adequacy of the content of his order to the needs that are his. These general terms and conditions constitute the entirety of the rights and obligations of the parties in the context of their contractual relationship. Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptance and transactions.
The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the www.makecomfy.com website.
The orders
The buyer has the possibility to place his order online, from the online catalog and by means of the form contained therein, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer must accept, by clicking on the indicated place, these general conditions. He will also have to choose the address and the method of delivery, and finally validate the method of payment.
The sale will be considered final:
- after sending the buyer confirmation of acceptance of the order by the seller by e-mail;
- and after receipt by the seller of the full price.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can send an email to the seller at the following email address: info@makecomfy.com
The digitized records, kept in the company's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be made after full payment of the price by the latter, regardless of the date of delivery of the Products.
The transfer of risks takes place from the seller to the customer at the time of physical possession of the goods by the customer, on the other hand if the customer selects the carrier himself, in this case the transfer of risks takes place at the time when the seller hands over to the carrier selected by the customer the goods subject to the order.
The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no warranty claim against the Seller in the event of failure to deliver the transported goods.
Pre-contractual information
The Customer acknowledges having been informed by the Seller in a legible and comprehensible manner, by means of the provision of these General Terms and Conditions of Sale, prior to his immediate purchase:
- on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity allowing him to acquire the Products in full knowledge of the facts, in particular with regard to their conditions of use.
The photographs and graphics presented are not contractual and can not engage the responsibility of the Seller. The customer is required to refer to the description of each Product in order to know its properties and essential particularities.
- on the price of the Products and the application of a personalized price on the basis of automated decision-making and ancillary costs or, in the absence of payment of a price, on any advantage provided to or in addition to the same and on the nature of this advantage;
- on the terms of payment, delivery and execution of the sales contract;
- in the absence of immediate execution of the sale, on the delivery times of the Products ordered;
- on the identity of the Seller and all of his contact details;
- on the existence and methods of implementation of the guarantees (the legal guarantee of conformity, guarantee of hidden defects, possible commercial guarantees) and if necessary, on the after-sales service;
- on the possibility of using a consumer mediator, whose contact details appear in these General Terms of Sale, under the conditions provided for in the consumer Code.
- on the right of withdrawal (existence, conditions, deadline, modalities of exercise of this right and standard withdrawal form), the terms of termination, the handling of complaints and other important contractual conditions and, where applicable, on the costs of using the means of distance communication, the existence of codes of conduct and guarantees and financial guarantees.
- on the means of payment accepted.
The fact that a customer orders on the Internal Site “www.makecomfy.com” implies full adherence and acceptance of these General Terms and Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable against the Seller.
Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will be proof of the buyer's agreement:
- payment of sums due under the purchase order;
- signature and express acceptance of all operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noted, to contact the seller at the following email address: info@makecomfy.com
Order confirmation
The seller provides the buyer with an order confirmation, by e-mail once the payment has been made.
Proof of transaction
The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Product Information
- The main characteristics of the Products, gathering all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website “Indicate the website” in the product sheets and the catalog of the Seller.
- The customer is required to read it before placing an order.
- The choice and purchase of a Product is the sole responsibility of the customer.
- The photographs and graphics presented on the www.makecomfy.com website is not contractual and can not engage the responsibility of the Seller.
- The customer is required to refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the event of continuous or periodic supply of goods, the minimum duration of the proposed contract.
- The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the customer.
Product offers are within the limits of available stocks, as specified when placing the order.
Payment method
This is an order with payment obligation, which means that placing the order implies a payment by the buyer.
To pay for his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, during the validation of the purchase order. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card from officially accredited organizations or in case of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is being administered.
Payment of the price is made in full on the day of the order, according to the following modalities:
- PayPal
- Credit card (Visa, Mastercard, etc.)
Special offers and discount coupons. The company reserves the right to offer launch offers limited in time, promotional offers or price reductions on its products and to revise its offers and prices on the site at any time, under the conditions provided for by law. The applicable rates are those in force at the time of purchase of the product by the customer, who cannot avail himself of other rates, prior or subsequent to his purchase. Discount vouchers may be subject to special conditions and remain strictly personal to their beneficiary and can be used only once.
In the event of a payment incident and/or fraud. The company reserves the right to suspend all processing of the Order and any delivery in the event of non-payment or refusal of authorization of payment by credit card from officially accredited organizations. In particular, the company reserves the right to refuse to honor an order from a customer who has not fully or partially paid for a previous order or with whom a payment dispute is in progress.
The company may contact the customer to request additional documents to execute the payment of the order. The company can rely on the information delivered by the order analysis system. The supply of the requested documents is necessary for the confirmation of the order by the company. In order to combat credit card fraud, a visual verification of the means of payment can be carried out by the company before delivering the product. In the event of fraudulent use of his credit card, the customer is invited, as soon as this use is noted, to contact the company, without prejudice to the steps to be taken by the customer with his bank.
Default or delay in payment. The interest and penalties provided for by law apply in the event of default or late payment by the Consumer or Professional Customer.
Product Availability - Refund - Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
The terms of delivery will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or deadline, the buyer shall, before terminating the contract, order the seller to perform the contract within a reasonable additional period.
In the absence of performance at the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.
The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered to the buyer by the seller's supplier according to the terms and time specified above.
The products are delivered to the address indicated by the buyer on the order form, so the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice of passage in the mailbox, which will allow to collect the package at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, then the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery note (package refused, because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged packages, broken products ...).
This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm by registered mail these reservations to the carrier no later than two working days following receipt of the item (s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notice of the site.
If the products need to be returned to the seller, they must be the subject of a return request from the seller within 14 days of delivery. Any claim made after this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions ...).
For any product return, contact us at our email address to receive the address to return the products.
The product will be delivered within a maximum period of 15 days.
The products are offered for sale and delivered within the limits of available stocks. In case of unavailability of the product ordered, the customer will be immediately informed by the company which may offer him a product of equivalent quality and price or, failing that, will refund the order if the Customer is a consumer. Apart from the refund of the price of the unavailable product, the company is not bound by any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
The return costs are the responsibility of the company.
Delivery errors
The buyer must make to the seller any claim of delivery error during the legal withdrawal period mentioned in these general conditions of sale or, if this is provided, in accordance with the period contractually determined within the framework of a commercial guarantee present in these terms of sale. Any claim made after this period will be rejected.
The claim may be made, at the choice of the buyer:
- by e-mail to the following address: info@makecomfy.com
Any claim not made in the rules defined above and within the time limits can not be taken into account and will release the seller from any responsibility vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number of the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been assigned.
Right of withdrawal
Application of the right of withdrawal
The buyer has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and request the exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the buyer.
Returns are to be made in their original condition and complete (packaging, accessories, instructions...) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.
In case of exercise of the right of withdrawal within the aforementioned period, the customer must notify his right of withdrawal
By email to the following address: info@makecomfy.com
The price of the product(s) purchased and delivery costs are refunded.
The return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made at the latest, within 30 days of receipt by the seller of the products returned by the buyer under the conditions provided above.
Exceptions
According to the article of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- the supply of goods made to the consumer's specifications or clearly personalized;
- the supply of goods likely to deteriorate or expire rapidly;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;
- the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- the supply of digital content not supplied on a tangible medium whose execution has begun after prior express agreement of the consumer and express waiver of his right of withdrawal.
The company is not obliged to reimburse additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by the trader.
Force majeure and unforeseen circumstances
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as grounds for exoneration from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which can not be prevented by the latter, despite all reasonable efforts. Explicitly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to consider the impact of the event and agree on the conditions under which the performance of the contract will continue. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
If the case of force majeure, preventing the fulfilment by one of the two parties of its contractual obligations, has a duration of more than 90 days, in this case the party who considers itself aggrieved may unilaterally terminate the contract that binds him to the other party.
Beyond cases of force majeure, which may affect the execution of contracts by one or other of the parties to the sales contract, there is also the hypothesis of unforeseeability which takes into account the increase in the price of any raw material or any goods or services necessary for the production, manufacture, provision, shipment, of a good sold by the seller, making it impossible under reasonable conditions for the seller to continue to offer the goods for sale or to perform its contractual obligations. In such a case, the seller can not be regarded as being at the origin of a failure to perform his contractual obligations, the customer will not be able to unilaterally terminate the contract without first and in good faith, trying to find an amicable solution or renegotiate the contract concluded with the seller. In any case, in case of unforeseeability, the seller can not be held responsible for inconvenience, disadvantages, loss of opportunities, suffered by the customer.
Intellectual property
The content of the website remains the property of the seller, sole owner of the intellectual property rights on this content.
Buyers agree not to make any use of this content; Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Data Protection
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the modalities defined on the site www.makecomfy.com
Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Governing Law
These terms and conditions are subject to United States law. The competent courts are the courts of United States.
This is the case for both substantive and formal rules. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
Protection of personal data
Data collected
The personal data that are collected on this site are as follows:
- Account opening: when creating the user's account, his first names, surnames, payment data, and location
- Connection: when the user connects to the website, it records, in particular, his first names, surnames, payment data, connection data, use, and location data
- Profile: the use of the services provided on the Website makes it possible to fill in a profile, which may include an address and a telephone number- Payment: as part of the payment of the products and services offered on the Website, it records financial data relating to the User's bank account or credit card;
- communication: when the website is used to communicate with other members, the data concerning the user's communications are temporarily retained;
- Cookies: Cookies are used in connection with the use of the site. The user has the possibility to disable cookies from the settings of his browser.
Use of personal data
The purpose of the personal data collected from users is to provide the services of the website, improve them and maintain a secure environment. Specifically, the uses include:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of the data transmitted by the user;
- offering the user the possibility of communicating with other users of the website;
- implementation of user support;
- personalization of the services by displaying advertisements based on the user's browsing history, according to his preferences;
- prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents;
- management of any disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Sharing personal data with third parties
- Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracts;
- when the user publishes, in the free comment areas of the website, publicly available information;
- when the user authorizes the website of a third party to access his data;
- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the Website may carry out the transmission of data to respond to claims made against the Website and comply with administrative and judicial procedures;
- If the Website is involved in a merger, acquisition, transfer of assets or receivership proceedings, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.
Security & Privacy
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of users' rights
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: info@makecomfy.com
- The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy.
- The right to rectification: if the personal data held by the website is inaccurate, they may request the updating of the information.
- The right to erasure of data: Users may request the deletion of their personal data, in accordance with applicable data protection laws.
- The right to restriction of processing: Users may request the Website to limit the processing of personal data in accordance with the assumptions provided for by the General Data Protection Regulation (GDPR).
- The right to object to data processing: users may object to their data being processed in accordance with the assumptions provided for by the GDPR.
- The right to portability: they can request that the website hand over the personal data provided to them to transmit them to a new website
Evolution of this clause
The website reserves the right to make any changes to this privacy clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also notify users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.