Terms and Conditions

Article 1 – Definitions

In these Terms and Conditions, the following definitions shall apply:

Cooling-off Period: The period during which the Consumer may exercise their right of withdrawal.
Consumer: The natural person who is not acting in the course of a profession or business and who enters into a distance contract with the Company.
Day: A calendar day.
Continuing Performance Contract: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligations of which are spread over time.
Durable Data Carrier: Any means that enables the Consumer or the Company to store information addressed personally to them in a manner that allows future consultation and unaltered reproduction of the stored information.
Right of Withdrawal: The Consumer’s option to withdraw from the distance contract during the cooling-off period.
Company: The natural or legal person who offers products and/or services to Consumers at a distance.
Distance Contract: An agreement concluded within the framework of a system organized by the Company for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded.
Means of Distance Communication: Any method that can be used to conclude a contract without the Consumer and the Company being simultaneously present in the same location.
General Terms and Conditions: The present General Terms and Conditions of the Company.

Article 2 – Right of Withdrawal

The Consumer has the right to withdraw from the contract without stating any reason within a period of 30 days. During this period, the Consumer shall handle the product and its packaging with care.

If the Consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in its original condition, in accordance with the reasonable instructions provided by the Company.

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the Company and to every distance contract and order concluded between the Company and the Consumer.
Before the distance contract is concluded, the text of these General Terms and Conditions shall be made available to the Consumer. If this is not reasonably possible, prior to the conclusion of the distance contract it shall be indicated that the General Terms and Conditions are available for inspection at the Company’s premises and that they will be sent to the Consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and prior to the conclusion of the distance contract, the text of these General Terms and Conditions may be made available to the Consumer by electronic means in such a way that the Consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be stated before the conclusion of the distance contract where the General Terms and Conditions can be accessed electronically and that they will be sent to the Consumer free of charge, electronically or otherwise, upon request.
In the event that, in addition to these General Terms and Conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting conditions, the Consumer may always rely on the provision that is most favorable to them.
If any provision of these General Terms and Conditions is found to be null or void at any time, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced, by mutual agreement, by a provision that most closely reflects the original intent.
Situations not covered by these General Terms and Conditions shall be assessed “in the spirit” of these Terms. Any ambiguity regarding the interpretation or content of one or more provisions shall be interpreted “in the spirit” of these General Terms and Conditions.

Excellent — here’s the next section, Articles 4–6, translated into formal legal English and adapted for Comfidelle:

Article 4 – The Offer

If an offer is subject to a limited validity period or is made under specific conditions, this shall be expressly stated in the offer.
The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable the Consumer to make a proper assessment of the offer. If the Company uses images, these shall be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer shall not bind the Company.
Each offer shall contain such information that it is clear to the Consumer what rights and obligations are attached to acceptance of the offer. This includes, in particular:
- the price including all taxes;
- any applicable delivery costs;
- the manner in which the contract will be concluded and which actions are necessary for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and performance of the contract;
- the period for accepting the offer, or the period during which the Company guarantees the price;
- the amount of the tariff for distance communication if the costs of using the communication technique are calculated on a basis other than the regular base rate for the communication service used;
- whether the contract will be archived after its conclusion, and if so, how it can be accessed by the Consumer;
- the manner in which the Consumer can, before concluding the contract, check and, if desired, correct the data provided under the contract;
- the languages in which the contract may be concluded;
- the codes of conduct to which the Company has subscribed and the manner in which the Consumer can consult these codes electronically; and
- the minimum duration of the distance contract in the event of a long-term transaction.

Article 5 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, when the Consumer accepts the offer and complies with the associated conditions.
If the Consumer has accepted the offer electronically, the Company shall promptly confirm receipt of the acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the Company, the Consumer may dissolve the contract.
If the contract is concluded electronically, the Company shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the Consumer can pay electronically, the Company shall take appropriate security measures for this purpose.
The Company may, within the limits of the law, ascertain whether the Consumer is able to meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, based on such investigation, the Company has good reason not to conclude the contract, it is entitled to refuse an order or request, or to attach special conditions to its execution, provided it gives reasons.
The Company shall provide the Consumer with the following information, in writing or in a manner that allows the Consumer to store it on a durable data carrier, no later than upon delivery of the product or service:
- the visiting address of the Company’s establishment where the Consumer may lodge complaints;
- the conditions under which and the manner in which the Consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal does not apply;
- information regarding after-sales service and guarantees;
- the data included in Article 4, paragraph 3 of these Terms, unless the Company has already provided this information before performance of the contract; and
- the requirements for termination of the contract if it has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph shall apply only to the first delivery.

Article 6 – Right of Withdrawal

The Consumer may withdraw from a contract for the purchase of a product within a 30-day cooling-off period without giving any reason. The Company may ask the Consumer for the reason for withdrawal but may not require the Consumer to provide one.
The cooling-off period referred to in paragraph 1 shall commence on the day after the Consumer, or a third party designated by the Consumer who is not the carrier, has received the product, or:
- if the Consumer ordered multiple products in one order that are delivered separately: the day on which the Consumer or a third party designated by the Consumer receives the last product;
- if the delivery of a product consists of multiple shipments or parts: the day on which the Consumer or a third party designated by the Consumer receives the final shipment or part;
- in the case of contracts for regular delivery of products over a specified period: the day on which the Consumer or a third party designated by the Consumer receives the first product.

Perfect — here is the next section, Articles 7–9, translated into formal legal English and adapted for Comfidelle:

Article 7 – Obligations of the Consumer During the Cooling-Off Period

During the cooling-off period, the Consumer shall handle the product and its packaging with care. The Consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the Consumer may handle and inspect the product only as they would be allowed to do in a physical store.
The Consumer shall be liable for any diminution in the value of the product resulting from handling it beyond what is permitted under paragraph 1.
The Consumer shall not be liable for any diminution in the value of the product if the Company has not provided all legally required information concerning the right of withdrawal before or at the conclusion of the contract.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Related Obligations

If the Consumer wishes to exercise their right of withdrawal, they must notify the Company within the withdrawal period by means of a clear statement (for example, by email to SUPPORT@COMFIDELLE.COM).
The Consumer may use the model withdrawal form provided by the Company, but this is not mandatory.
The Consumer must return the product or hand it over to the Company (or an authorized representative) as soon as possible, but no later than 30 days from the day following the notification referred to in paragraph 1. The deadline shall be deemed met if the Consumer dispatches the goods before the 30-day period has expired.
The Consumer must return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Company.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal shall lie with the Consumer.
If the Consumer withdraws from the contract, the Company shall refund all payments received from the Consumer, including delivery costs (except any additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive standard delivery offered by the Company), without undue delay and in any event no later than 30 days after being informed of the Consumer’s decision to withdraw.
The Company may withhold reimbursement until it has received the returned goods or until the Consumer has provided proof that the goods have been sent back, whichever occurs first.
The Company will carry out the reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise. In any case, the Consumer will not incur any fees as a result of such reimbursement.

Article 9 – Costs in Case of Withdrawal

The direct costs of returning the goods shall be borne by the Consumer.
If the Company has not stated that the Consumer must bear these costs, or if the Company offers to bear the costs itself, the Consumer shall not be required to pay the return shipping costs.
If the Consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water, or electricity not prepared for sale in a limited volume or quantity begin during the withdrawal period, the Consumer shall pay the Company an amount proportional to what has been supplied up to the time the Consumer informed the Company of their withdrawal, relative to the full performance of the contract.
The Consumer shall not bear any costs for the performance of services or the supply of water, gas, or electricity if:
- the Company has failed to provide the Consumer with the legally required information concerning the right of withdrawal, the cost reimbursement in the event of withdrawal, or the model withdrawal form; or
- the Consumer did not expressly request the start of performance during the withdrawal period.

Excellent — here are Articles 10–12 of your Terms and Conditions, translated into formal legal English and adapted to align with your brand tone and professional standards for Comfidelle:

Article 10 – Exclusions from the Right of Withdrawal

The Company may exclude the Consumer’s right of withdrawal for certain products or services, as specified in paragraphs 2 and 3. The exclusion shall only apply if the Company clearly indicated this in the offer or, at the very least, prior to the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
- that have been manufactured according to the Consumer’s specifications;
- that are clearly of a personal nature;
- that, by their nature, cannot be returned;
- that are liable to deteriorate or expire rapidly;
- whose price depends on fluctuations in the financial market that are beyond the Company’s control;
- that are individual copies of newspapers or magazines;
- that consist of audio or video recordings or computer software of which the Consumer has broken the seal;
- that are sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
Exclusion of the right of withdrawal is also possible for services relating to accommodation, transport, restaurant business, or leisure activities, if the contract provides for a specific date or period of performance.

Article 11 – Pricing

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from adjustments in VAT rates or other statutory provisions.
Notwithstanding paragraph 1, the Company may offer products or services whose prices are subject to fluctuations in the financial market that are beyond its control, with variable prices. This dependence on fluctuations and the fact that any prices given are indicative will be stated in the offer.
Price increases within three months after the conclusion of the contract are only permitted if they result from statutory provisions or regulations.
Price increases from three months after the conclusion of the contract are only permitted if the Company has stipulated this and:
- they are the result of statutory provisions or regulations; or
- the Consumer has the right to terminate the contract from the day on which the price increase takes effect.
All prices listed in offers and on the website are inclusive of VAT, unless expressly stated otherwise.
All prices are subject to printing and typographical errors. The Company shall not be liable for the consequences of such errors, and in the event of such an error, the Company shall not be obliged to deliver the product at the incorrect price.

Article 12 – Conformity and Warranty

The Company guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and usability, and the statutory and/or governmental regulations in force at the time of the conclusion of the contract. If agreed, the Company also guarantees that the product is suitable for use other than normal use.
Any guarantee provided by the Company, manufacturer, or importer shall not affect the statutory rights and claims that the Consumer may assert against the Company under the contract.
Any defects or incorrectly delivered products must be reported in writing to the Company within 30 days of delivery. Products must be returned in their original packaging and in new condition.
The warranty period provided by the Company corresponds to the manufacturer’s warranty period. However, the Company shall never be liable for the ultimate suitability of the products for each individual application by the Consumer, nor for any advice regarding the use or application of the products.
The warranty shall be void if:
- the Consumer has repaired or altered the delivered products themselves, or has had them repaired or altered by third parties;
- the products have been exposed to abnormal conditions, handled negligently, or used contrary to the instructions of the Company or the packaging;
- the defect results, in whole or in part, from regulations set or to be set by public authorities concerning the nature or quality of the materials used.

Perfect — here is the final section of your Terms and Conditions (Articles 13–15) translated and formatted in formal, legal English suitable for publication on your website under Comfidelle.

Article 13 – Delivery and Performance

The Company shall exercise the utmost diligence when receiving and fulfilling orders for products.
Subject to the provisions of Article 4 of these Terms and Conditions, the Company shall execute accepted orders without undue delay and no later than 30 days after the day on which the order was placed, unless a longer delivery period has been agreed upon with the Consumer.
If delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the Consumer shall be informed no later than 30 days after placing the order. In such cases, the Consumer shall have the right to terminate the contract without charge and may be entitled to compensation.
Following termination in accordance with the preceding paragraph, the Company shall refund the amount paid by the Consumer as soon as possible, but no later than 30 days after termination.
If the delivery of an ordered product proves impossible, the Company shall make reasonable efforts to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The return costs in this case shall be borne by the Company.
The risk of damage to or loss of products remains with the Company until the moment of delivery to the Consumer or a representative designated in advance and known to the Company, unless expressly agreed otherwise.

Article 14 – Long-Term Contracts: Duration, Termination, and Renewal

Termination

The Consumer may terminate at any time a contract concluded for an indefinite period that involves the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period not exceeding one month.
The Consumer may terminate at any time a contract concluded for a fixed period that involves the regular delivery of products (including electricity) or services, at the end of the fixed duration, subject to the agreed termination rules and a notice period not exceeding one month.
With respect to the contracts mentioned in the preceding paragraphs, the Consumer:
- may terminate them at any time and shall not be restricted to termination at a particular time or during a particular period;
- may terminate them in the same manner in which they were concluded;
- shall always terminate them subject to the same notice period as that required of the Company.

Renewal

A contract concluded for a fixed term that involves the regular delivery of products or services shall not be automatically renewed or extended for a fixed term.
Notwithstanding the preceding paragraph, a contract for a fixed term involving the regular delivery of newspapers, news publications, or magazines may be tacitly renewed for a term not exceeding three months, provided that the Consumer may terminate the renewed contract at the end of the renewal period with a notice period of no more than one month.
A contract for a fixed term involving the regular delivery of products or services may only be tacitly renewed for an indefinite period if the Consumer may terminate the contract at any time with a notice period not exceeding one month, or three months if the contract concerns the regular but less than monthly delivery of newspapers, news publications, or magazines.
A fixed-term trial or introductory subscription for the regular delivery of newspapers, news publications, or magazines shall not be tacitly renewed and shall automatically end after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the Consumer may terminate the contract at any time after one year, with a notice period not exceeding one month, unless termination before the end of the agreed duration would be unreasonable or contrary to the principles of fairness.

Article 15 – Payment

Unless otherwise agreed, any amounts payable by the Consumer shall be settled within seven (7) days following the commencement of the withdrawal period referred to in Article 6(1).
In the case of a contract for the provision of services, this period begins once the Consumer has received confirmation of the contract.
The Consumer must promptly notify the Company of any inaccuracies in payment details provided or specified.
In the event of non-payment by the Consumer, the Company shall have, subject to legal restrictions, the right to charge any reasonable costs previously communicated to the Consumer.

Article 16 – Complaints Policy

Complaints regarding the execution of the contract must be submitted to the Company in full and clearly described within seven (7) days after the Consumer has discovered the defect.
Complaints submitted to the Company shall receive a response within 14 days from the date of receipt. If a complaint requires a longer processing time, the Company shall send an acknowledgment of receipt within 14 days, indicating when the Consumer can expect a more detailed response.
If a complaint cannot be resolved by mutual agreement, it shall be considered a dispute subject to the provisions of Article 17.
Filing a complaint does not suspend the obligations of the Consumer, unless the Company indicates otherwise in writing.
If a complaint is found to be justified by the Company, the Company shall, at its discretion, replace or repair the delivered products free of charge.

Article 17 – Disputes

All agreements between the Company and the Consumer to which these Terms and Conditions apply shall be governed exclusively by Dutch law, even if the Consumer resides abroad.
Any dispute arising from or related to these Terms and Conditions shall be subject to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands, unless mandatory consumer protection laws in the Consumer’s country of residence provide otherwise.

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