Terms and Conditions of Comodita Home Belgium
Introduction
These Terms and Conditions (the “Terms”) govern your use of the Comodita Home Belgium website (the “Website”) and any purchase of products through the Website. In these Terms, “Comodita Home Belgium”, “we”, “us”, or “our” refer to Comodita Home Belgium, and “you” refers to you, the customer or user of our Website. By accessing our Website or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Scope
These Terms and Conditions apply to all orders and purchases made through our Website, as well as to any general use of our online services. Please note that these terms may differ from the policies or terms applicable to purchases made in our physical retail stores.
Pricing and Payments
Currency and Taxes: All prices displayed on our Website are in Euros (€) and include Value Added Tax (VAT) as required by Belgian law.
Payment Methods: Payment must be made using the payment methods provided on our Website. All transactions are processed securely, and we do not store your payment information.
Additional Charges: Prices listed on the Website do not include any applicable shipping or delivery charges. Any such charges will be shown separately during the checkout process.
Price Changes: We reserve the right to adjust our prices at any time due to factors such as changes in VAT rates, market fluctuations, or promotional offers. However, the price indicated at the time of your purchase is the price that will be charged (subject to correction of obvious errors, if any).
Right of Withdrawal and Return Policy
In-Store Purchases – Return and Exchange Policy:
For purchases made in-store, returns or exchanges are only accepted under the following conditions:
- Any issue with the product must be reported by email within 24 hours of the purchase date.
- The product must be returned to the store within 3 calendar days of the purchase.
- If these conditions are not met, no exchange or refund will be processed.
14-Day Withdrawal Right (Online Purchases):
In accordance with the EU Consumer Rights Directive (2011/83/EU) and Belgian law, you have the right to withdraw from your online purchase within 14 days of receiving the goods, without providing any reason. This period is often referred to as the “cooling-off period.”
How to Exercise Withdrawal: To exercise your right of withdrawal, you must inform us of your decision to cancel the purchase (for example, by sending an email or a letter) within the 14-day period. You will then need to return the goods to us promptly, following the instructions provided in our return procedure.
Exceptions to Withdrawal: For reasons of health protection and hygiene, certain products (such as sealed textile items, bedding, or other hygiene-sensitive items) cannot be returned once their packaging has been opened, unless the product was delivered to you in a defective or incorrect condition. Other legal exceptions to the right of withdrawal may also apply (e.g. custom-made or perishable goods).
Condition of Returned Goods: If you exercise your right of withdrawal, you must return the products in their original condition – unused, unwashed, and with all original packaging and tags intact. You are responsible for any diminished value of the goods resulting from handling them beyond what is necessary to establish their nature, characteristics, and functioning.
Return Shipping Costs: Unless otherwise stated, you are responsible for the cost of returning the goods when exercising the right of withdrawal. If the return is due to an error on our part or a product defect, we will bear the return shipping costs.
Refunds: Upon a valid withdrawal, we will refund all payments received from you for the returned product, including the standard delivery charge (if any was applied), within 14 days from the day we are informed of your decision. We may withhold the refund until we have received the returned goods or you have supplied evidence of having sent back the goods, whichever comes first. Refunds will be issued to the same payment method you used for the original transaction, unless otherwise agreed.
Additional Return Policies: For any returns or exchanges outside of the 14-day withdrawal period – for example, returning a defective product under warranty – please refer to our detailed return instructions or contact our customer service. These Terms do not affect any additional rights you may have under our standard return policy or guarantee.
Shipping and Delivery
Delivery Times: We strive to ensure timely delivery of your orders. Estimated delivery times are provided on our Website for your reference; however, actual delivery dates may vary depending on factors such as product availability, your location, and the chosen shipping carrier.
Delayed Delivery: If your delivery is delayed due to circumstances beyond our control (for example, delays by the shipping carrier, customs hold-ups, or other unforeseen factors), we will notify you as soon as possible and do our best to resolve the situation.
Delivery Address and Risk: Orders will be delivered to the address you provide at checkout. We bear the risk of loss or damage to the products until they are delivered to you (or to a person authorized to receive them on your behalf). Once the products have been delivered to you, ownership and risk for those items transfer to you.
Lost or Damaged Packages: In the event that a package is lost in transit or arrives damaged, please contact us immediately. We will work with the carrier to investigate and will arrange to send you a replacement or issue a refund for the missing or damaged items, as appropriate. Any products that arrive damaged will be handled in accordance with our return policy and your legal rights.
Warranty and Liability
Legal Warranty: All products sold through our Website are covered by the legal warranty of conformity as per Belgian consumer law. This means you are entitled to a remedy (such as repair or replacement of the item, or a refund in certain cases) if a product is defective or not in conformity with what was advertised. For new products, the legal warranty period is two years from the date of delivery.
Warranty Coverage by Product Type:
- Mattresses: Warranty period varies by brand and model. Please refer to the warranty documentation provided at the time of purchase or contact our customer service for details.
- Other Products: No warranty applies unless otherwise explicitly stated at the time of sale.
The legal warranty of conformity under Belgian law remains applicable for all purchases, provided that the type of product qualifies. If you believe a product is defective or not in conformity, please contact us within 14 days of discovery of the issue.
Reporting Defects: If you receive a product that is defective, damaged, or not the item you ordered, please notify us as soon as possible, ideally within 14 days of receiving the item. We will provide instructions for returning the product at our expense and will offer a suitable solution in line with your rights (such as a replacement, repair, or refund). Prompt notification of issues helps us resolve them faster and ensure your satisfaction.
Warranty Service: If any defect or non-conformity becomes apparent in your product during the legal warranty period, please contact us with your order details and a description of the issue. We will guide you through the process of obtaining repair, replacement, or refund under the warranty. In some cases, the manufacturer’s commercial warranty may also apply, offering additional coverage – any such warranty will be detailed in the product packaging or description.
Limitation of Liability: To the fullest extent permitted by law, Comodita Home Belgium’s liability for any claim arising out of or relating to your use of the Website or purchase of our products is limited to the amount you paid for the product in question. We will not be liable for any indirect, incidental, or consequential damages of any kind (such as loss of profits, loss of data, or loss of opportunity) that may result from the use of our Website or products. Nothing in these Terms and Conditions seeks to limit or exclude our liability for gross negligence, intentional misconduct, or any liability that cannot be limited or excluded under applicable law (for example, liability for personal injury caused by our negligence). Your statutory rights as a consumer are not affected by these liability terms.
Intellectual Property Rights
All content on our Website – including, but not limited to, text, descriptions, product images, graphics, logos, button icons, videos, and software – is the intellectual property of Comodita Home Belgium or its content suppliers and is protected by applicable copyright, trademark, and other intellectual property laws. Comodita Home and associated logos are trademarks of Comodita Home Belgium. You are not permitted to copy, reproduce, modify, publish, transmit, distribute, display, or otherwise exploit any content from the Website without our prior written consent. Accessing or using the Website does not grant you any rights to our intellectual property.
Governing Law and Jurisdiction
Governing Law: These Terms and Conditions, and any contracts for purchase made through the Website, are governed by the laws of Belgium. This governing law applies even if you access the Website from outside Belgium.
Jurisdiction: In the event of a dispute related to these Terms and Conditions or any purchase from Comodita Home Belgium, the competent courts of Antwerp, Belgium shall have jurisdiction. However, as a consumer, you retain the right to initiate legal proceedings before the courts of your country of residence within the European Union, where such rights are granted under applicable mandatory consumer protection laws.
Changes to Terms and Conditions
Modification of Terms: We reserve the right to modify or update these Terms and Conditions at any time. If we make changes, the updated Terms and Conditions will be posted on our Website with a new effective date.
Acceptance of Changes: It is your responsibility to review these Terms and Conditions periodically. Your continued use of the Website or our services after any changes have been published constitutes your acceptance of the updated Terms and Conditions. If you do not agree with the changes, you should stop using the Website.
Contact Information
If you have any questions, concerns, or inquiries regarding these Terms and Conditions or any order you have placed, please contact us using the information below. We are here to help and will respond as promptly as possible:
Comodita Home Belgium
Den Tir Shopping Center, Sint-Bernardsesteenweg 312-320
2660 Hoboken (Antwerp), Belgium
Phone: +32 3 281 64 06 or +32 456 53 93 91
Email: [email protected]
