These terms and conditions (the “Terms”) and any other terms referred to herein regulate any visit, access, or general use of www.justcomfy.com (referred to as “Just Comfy”, “website”, “we”, “us”, or “our”) e-commerce website and the purchase of any products from it. When any individual or consumer (each a “User”, “Consumer”, “you”, “your”, “their”, “them”, etc.) visits, accesses, places an order, or uses this website shall deemed to be your sole acceptance of these “Terms and conditions” and our “Privacy Policy”.
These terms and conditions apply to all users of the website, including, without limitation, users who browse, visit, and contact or communicate with us. By accessing or using any part of the website, you solely accept these terms. If you do not agree to all the terms of this terms and conditions, you may not access the website or use any of our services.
ACCEPTANCE OF TERMS AND CONDITIONS
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE/PLATFORM AND ITS SERVICES. BY CLICKING THE “I ACCEPT” BUTTON HEREIN OR BY ACCESSING OR USING OUR WEBSITE AND ITS SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOUR USE OF OUR WEBSITE IS ALSO SUBJECT TO OUR PRIVACY POLICY. THIS DOCUMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND JUST COMFY AT UNIT 136093, PO BOX 7169, POOLE, BH15 9EL, UNITED KINGDOM. IF YOU DO NOT AGREE WITH ANY TERMS SET FORTH HEREIN, INCLUDING ANY CHANGES, PLEASE DO NOT ACCESS OR USE OUR WEBSITE OR PLACE ANY ORDER. WE RESERVE THE RIGHT TO UPDATE, CHANGE, OR REPLACE ANY PART OF THESE TERMS AND CONDITIONS BY POSTING UPDATES AND CHANGES TO OUR WEBSITE. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES. WE WILL NOTIFY YOU BY EMAIL IF WE MAKE ANY MATERIAL CHANGES TO THESE TERMS AND CONDITIONS.
GENERAL USE
Just Comfy is an e-commerce website or online store of home furnishings products (the “Products”) selling online all over the United Kingdom and to international consumers. Our products may be available exclusively online through the website. If you choose to use or visit Just Comfy and any of the features of the website, it will be deemed your sole acceptance to abide by all of the terms of these Terms and Conditions. The placement of an order or any use of this website indicates your acceptance of our policies and Terms and Conditions, which will constitute a contract between you and us, and these Terms and Conditions will be legally binding on you. We reserve the right to correct, edit, change, or update information on our website without any prior notice.
We have tried to deliver the products you purchase through us both locally and internationally. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of our products. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
DISCLAIMER
All information, including products, these Terms and Conditions, our Privacy Policy, product information, and other items on our website, are accurate and subject to change without notice. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of our website or its products. If you obtain this website link (www.justcomfy.com) or any information contained on this website from any other place or website whose nature and availability are not controlled by us, we are not responsible for any type of express or implied warranty about the accuracy, reliability, or availability regarding us or any other information and images or corresponding graphics on Just Comfy for any purpose. Trusting such information will be at your own risk. We will not be liable for any harm or damage, including indirect or consequential loss of data or interest, arising out of or connected with the use of our website. We reserve the right to edit, modify, or update information on our website without prior notice. In our sole discretion, we also reserve the right to deny your access to all or any part of the website at any time, for any reason or no reason, with or without prior notice, and without any liability.
AVAILABILITY, SECURITY & ACCURACY OF OUR WEBSITE
We are offering our website and products on an “as is” and “as available” basis. We make no warranty that your access to the website will be uninterrupted, timely, or error-free, as this cannot be guaranteed due to the nature of the internet. Additionally, we may need to carry out repairs, maintenance, or introduce new features periodically. Access to the website may be suspended or withdrawn temporarily or permanently, without notice, either to you personally or to all users. We may also impose restrictions on the length and manner of usage of any part of the website for any reason. If we impose restrictions on you personally, you must not attempt to use the website under any other name or user or on any other computer, mobile, or similar device. We do not warrant that the website will be compatible with all hardware and software you may use. We shall not be liable for any damage to or viruses or other codes that may affect any equipment, software, data, or other property as a result of your download, installation, access to, or use of the website, nor for the actions of third parties. We reserve the right to change or update the website and anything described in it without notice to you, including suspending access to the website or closing it indefinitely.
USE OF OUR WEBSITE/SHOP
- Who can Use Our Website: Anyone who has a valid means of payment can use our website to purchase products and make payments. To register with Just Comfy, you must be at least 18 years old or the age of majority defined in your territory. Individuals below these age limits may not use Just Comfy, provide any personal data to Just Comfy, or submit personal data through the products (e.g., name, address, telephone number, or email address). We reserve the right, in our sole discretion, to deny any order for any reason. By using our website, you certify that you are at least 18 years of age or have reached the age of majority in your territory and agree to provide true, accurate, current, and complete information when prompted.
- Account Registration and Password Use: When you place an order at our store, you may need to sign up or register for an account (you may also directly register for an account with us), where you may be required to provide certain information such as your full name, email address, phone number, mailing address, delivery and shipping address, zip code, and financial information. It is important that the information associated with your account must be accurate and up-to-date. You are fully responsible for maintaining the confidentiality and security of any and all actions that take place while using your account and you must notify our Support centre right away of any actual or suspected scams, losses, thefts, or unauthorized use of your account or account password. Under no circumstances may you share your account information with any other user or person. We are not responsible for any losses that result from unauthorized use of your email and password, with or without your knowledge. By registering, users agree to be fully responsible for all activities that occur under their username and password.
- International Users: Our website is controlled, operated, and administered from our offices within the UK. If you access our store from a location outside the UK, you are responsible for compliance with all local laws. We make no representation that anything on the website is appropriate or available for use outside the UK. If you choose to access or use our website from locations outside of the UK, you do so at your own initiative and are responsible for compliance with all applicable laws and regulations.
- User Representations: By using our website, you represent and warrant that: a) all information you submit through your registration is true, accurate, current, and complete; b) you have the legal capacity, you agree to comply with these Terms and Conditions, and you are not a minor in the jurisdiction in which you reside; c) you will not use the website for any illegal or unauthorized purpose, and d) your use of our website will not violate any applicable law or regulation. You acknowledge and agree that we may suspend or terminate your access to and use of the website if we have reason to believe that the information you provide upon registration or in any account update is untrue, inaccurate, not current, or incomplete, or for other reasons within our sole discretion.
- Product Description: Prices, descriptions, and availability of products are outlined in the respective sections of this website and may change without notice. While products on this website are presented accurately, representation on this website through any means is for reference only and does not imply a warranty regarding the characteristics of the purchased product. The specific characteristics of the chosen product will be outlined during the purchasing process.
- Purchasing Process and Order Submission: Any steps taken from choosing a product to submitting an order form part of the purchasing process. When the user submits an order, the following applies:
- The submission of an order concludes the contract and obliges the User to pay the price, taxes, and any additional fees or expenses specified on the order page.
- If the purchased product requires action from the User, such as providing personal information, data, specifications, or special requests, the order submission obliges the User to cooperate accordingly.
- Upon submission of the order, you will receive a receipt confirming that the order has been received. All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
- Pricing and Payment Method: All product prices will be shown in British pounds and may include VAT. Users will be informed about any fees, taxes, and costs, including delivery costs, during the purchasing process before order submission. Prices on this website are displayed either inclusive or exclusive of any applicable fees, taxes, and costs, depending on the section the user is browsing. Shipping costs are not included in the displayed product prices on our website. The shipping costs will be displayed and added separately at the time of checkout. This price will be considered the final price displayed at order fulfilment. We reserve the right to change any product price at any time without prior notice. Payments are accepted only through our website.
Information about accepted payment methods is provided during the purchasing process. Some payment methods may be subject to additional conditions or fees, as detailed in the dedicated section of this website. All payments are processed independently through third-party services. We accept payments online using Stripe and PayPal. All payment and financial data entered by the user are encrypted. Confirmation of the purchase by Stripe or PayPal will be subject to authorization from the issuer. We do not collect payment information such as credit card details but receive a notification once payment is successfully completed. If payment through available methods fails or is refused by the payment service provider, Just Comfy shall not be obligated to fulfil the purchase order and reserves the right to claim any related expenses or damages from the user.
At the time of delivery of your products, we will provide you with a receipt detailing the total amount and any other fees, including shipping costs. If we are unable to successfully process any purchase through your selected payment method available on our store, we may cancel your order. You are strictly prohibited from making any payment or attempting to pay for the products with any fraudulent, illegal, or unlawful means.
- Modifications to the Product Prices: Prices for our products are subject to change without notice. We reserve the right to modify or discontinue our products without any prior notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance.
- Accuracy of Billing and Delivery Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and Stripe or PayPal account ID, so that we can complete your transactions and contact you as needed. If you make a payment for our products on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
- Availability of Offered Products: Before making a purchase through the website, users must be aware that the selected products may not be in stock. All purchases are subject to availability.
- Out of Stock Or Delayed Products: In accordance with the previous point, in the event that the selected products are out of stock or delayed, Just Comfy will contact the Consumer and invite them to choose one of the following options: (a) Continue waiting for the delivery of the chosen product (in case of delay); (b) Cancel the purchase and receive a refund through the original payment method; (c) If the Consumer chooses to cancel the purchase, the amount paid will be refunded through the original payment method.
IMPORTANT: FOR SITUATIONS MENTIONED IN THIS SECTION, THE CONSUMER WILL HAVE A DEADLINE OF 7 (SEVEN) DAYS TO CHOOSE ONE OF THE MENTIONED OPTIONS. IF THE CONSUMER REMAINS SILENT, THE COMPANY MAY PRESUME THAT THEY HAVE OPTED TO CANCEL THE PURCHASE AND WILL PROCEED TO REFUND THE AMOUNT PAID VIA THE ORIGINAL PAYMENT METHOD.
- Shipping and Delivery: Please check our shipping and Delivery section below
- Return, Refunds and Exchange: Please check our Return, Exchange and Refunds policy linked up at the bottom of every page of our Website
- Promotional Offer and its Validity: Offers and product promotions will be valid for purchases during the specified period. The duration and terms of the promotions will be shown on the website and are subject to product availability.
- Refusal or Cancellation of Order: We reserve the right to refuse any order you place with us and may at our sole discretion, limit or cancel quantities per person or per order. These restrictions may include orders placed under the same consumer account, the same Stripe or PayPal account, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you via email or the provided billing address or phone number. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
- Retention of Product Ownership: Until payment of the total purchase price is received by Just Comfy, any products ordered shall not become the user’s property.
- Electronic Communications: When you visit the website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirements for written communications.
- Suspension of Account: Just Comfy may decide to suspend or terminate your account at any time without prior notice for any reason, including improper use of the service, misrepresentations, fraudulent activity, or activity that violates these terms and conditions or our privacy policy.
SHIPPING AND DELIVERY POLICY
- Shipping of Products and Delivery Time: Deliveries will be made to the address specified by the Consumer and in the manner detailed in the order summary. Orders will not be delivered to PO Boxes. The delivery time depends on product availability, shipping time, and payment approval. Delivery days may vary, and users will be notified to arrange an alternative delivery day. Products are delivered to the Countries or territories specified on the website. Upon making a purchase, the user receives an email confirmation of the accepted order along with an order number. Delivery times will be specified on the website or during the purchasing process. Shipping and delivery times may vary depending on the delivery destination.
- Confirmation of Delivery: Upon delivery, Consumer should verify the content of the delivery and report any anomalies without delay using the contact details provided in this document or as described in the delivery note. Consumers may refuse to accept the parcel if it is visibly damaged.
- Failed Delivery: We will not be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the Consumer, nor for any damages or delays after handover to any carrier arranged by the user and not recommended by Just Comfy. If goods are not received or collected within the specified time or deadline, they will be returned to Just Comfy, who will contact the user to schedule a second delivery attempt or discuss the next steps. Unless otherwise agreed, any subsequent delivery attempt will be at the Consumer’s expense.
- Shipping and Delivery Costs: Consumers will be informed of delivery costs before making a purchase. These costs are calculated based on the total weight and/or volume of the shipment and also depend on the delivery address area. Shipping costs will be itemized separately on the invoice. Just Comfy is continuously working to improve delivery quality and cost for its Consumers; therefore, these costs and shipping policies are subject to change without prior notice.
- Delivery Schedules: Products will be delivered during the days and time ranges established by Just Comfy. If delivery cannot be made due to the absence of individuals at the address, a rescheduling will be arranged, and the user will incur additional shipping charges.
- Status of the Shipping: The status of the order will be notified via email.
USER RIGHTS TO WITHDRAW/CANCEL/REGRATE
Except as otherwise stated in these Terms and Conditions and any referenced documents according to applicable consumer laws in the UK, EU, USA, Brazil, and other relevant territories and internationally, users who are consumers of our website or products, hereby acknowledged and understand that the costs of returning the goods shall be borne by the Consumers.
- Right of Withdrawal/Cancellation/Regret: Unless exceptions apply, users who are consumers of our website or products have a legal right of withdrawal, cancellation, or regret under their territorial law (where applicable) and may be eligible to withdraw or cancel or regret from the contract within the period specified below (generally 14 days), for any reason and without justification. Users who do not meet the criteria as consumers cannot benefit from the rights described in this section. You can learn more about the withdrawal conditions within this section.
- Application of the Right of Withdrawal: Unless any applicable exceptions are mentioned below, consumers are granted a statutory right of withdrawal, cancellation, or regret under applicable EU, UK, USA, Brazil, etc. (from where the consumers are) law, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification. Consumers who do not meet these criteria cannot benefit from the rights described in this section.
- Exercising the Right of Withdrawal: To exercise your right of withdrawal, cancellation, or regret, you must send us an unequivocal statement of your intention to withdraw from the contract. To this end, you may use the model withdrawal, cancellation, or regret form available in the “definitions” section of this document. You are, however, free to express your intention to withdraw, cancel, or regret the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which you can exercise such right, you must send the withdrawal, cancellation, or regret notice before the withdrawal, cancellation, or regret period expires.
- Expiration of the Withdrawal/Cancellation/ Regret period:
Regarding the purchase of goods, the withdrawal or cancellation or regret period expires 14 days after the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods.
Regarding the purchase of several goods ordered together but delivered separately or a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the consumer or a third party acquires physical possession of the last good, lot, or piece.
- Effects of Withdrawal/ Cancellation/ Regret: Consumers who correctly withdraw, cancel, or regret from a contract will be reimbursed by us for all payments made, including those covering the costs of delivery. However, any additional costs resulting from choosing a delivery method other than the least expensive standard delivery offered by us will not be reimbursed.
Reimbursement is made without undue delay and no later than 14 days from the day Just Comfy is informed of the Consumer’s decision to withdraw from the contract. Reimbursements will be made using the same means of payment as used for the initial transaction unless otherwise agreed with the Consumer. The Consumer shall not incur any costs or fees as a result of such reimbursement
- Effects of Withdrawal/ Cancellation/ Regret on the Purchase of physical goods: Unless Just Comfy has offered to collect the goods, the consumer shall send back the goods or hand them over to us or to a person authorized by us to receive the goods without undue delay and within 14 days from the day on which they communicated their decision to withdraw from the contract.
The reimbursement may be withheld until the goods are received or until consumers have supplied evidence of returning the goods, whichever is earliest. Consumers shall only be liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.
ADDITIONAL GUARANTEES FOR SPECIFIC TERRITORIAL USERS
- Legal Guarantee of Conformity for Goods under EU Law: Under EU law, for a minimum period of two (2) years from delivery, traders guarantee the conformity of the goods they sell to consumers. Where users qualify as European consumers, the legal guarantee of conformity for goods applies to the items available on this website in accordance with the laws of the country of their habitual residence. National laws of such countries may grant users broader rights. Consumers who do not qualify as European may also benefit from legal guarantee of conformity rights as per the legislation of their habitual residence country.
- Conformity to Contract for Consumers in the United Kingdom: Consumers in the United Kingdom have a right to receive goods that are in conformity with the contract.
- Legal Guarantee of Conformity for Goods for Consumers in Brazil: The legal guarantee applicable to goods sold by this website (both physical and digital) is subject to the following terms: as per the Consumer Protection Code, all non-durable goods shall have a 30-day guarantee, and durable goods shall have a 90-day guarantee. The warranty period starts from the date of goods delivery. The warranty is not applicable in cases of misuse, natural events, or unauthorized maintenance. Claims for warranty may be made through the contact channels provided by this website. Just Comfy shall bear the costs of shipping the goods for technical assessment, if necessary. We may also offer a contractual warranty in addition to the legal warranty at our sole discretion. Details regarding contractual warranties can be found in the specifications provided by this website. If no such information is provided, only statutory provisions shall apply.
CONSUMERS REVIEWS
We may permit our users or consumers to submit reviews on our products through the website. By submitting a review, you irrevocably grant us the right to use the review in any and all forms of marketing and promotional material, whether now known or hereinafter developed, including, without limitation, store publication, online ads, as well as printed extracts and reproductions of any portion thereof, and for any and all other uses. You certify that everything you stated in the review is true and an expression of your personal belief. You acknowledge and agree that at no time did we provide you with any consultation, advice, or guidance with respect to the substance of the review. You understand and agree that the review, in whole or in part, may be edited and/or dramatized and that any part of the review may be used without compensation to you. You agree that no ads or other materials incorporating or making reference to the review need to be submitted to you for approval. You expressly release us from any and all claims that you have or may have for breach of the right of publicity, invasion of privacy, defamation, copyright infringement, or any other claims or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, ad, or promotion utilizing or incorporating the review, or any other use of the review whatsoever. You acknowledge and agree that we shall not be liable for any causes of action or claims related to your decision to provide reviews of our products.
INTELLECTUAL PROPERTY RIGHTS
Without prejudice to any more specific provision of these terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this website, are the exclusive property of Just Comfy or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property. All content appearing in connection with this website, including but not limited to logos, images, trademarks, service marks, designs, icons, graphics, videos, product images, documentation, files, materials, applications, designs, tools, source code, etc., are and remain the exclusive property of Just Comfy or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property. No content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our permission. You may download or print a copy of any portion of the content from our website only for personal, non-commercial, or educational use. You may not republish any of our content on any other platform on the internet or extranet or incorporate the information into any other database or compilation. Any other use of the content is strictly prohibited. Any unauthorized use of such content will be deemed to be a violation of applicable international intellectual property law.
COPYRIGHT INFRINGEMENT/DMCA POLICY
We comply with the Digital Millennium Copyright Act, 1998 (DMCA). We will remove infringing materials under the Digital Millennium Copyright Act (“DMCA”) if you properly notify us that any content published on our Website infringes copyright. If you believe that any content on our Website infringes your copyright, please notify us in writing, providing the following information:
- An electronic or physical signature of the person authorized to act on behalf of Just Comfy regarding the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of the material that you claim to be infringing, and where it is located on the Service, sufficient for Just Comfy to locate it;
- Your address, telephone number, and email address;
- A statement by you that the disputed use is not authorized by the copyright holder, Just Comfy, its agent, or the law; and
- A statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright holder, Just Comfy, or authorized to act on Just Comfy’s behalf.
Upon receiving a valid written notice, we will expeditiously respond and conduct a proper investigation; if we find any infringement, we will remove such Content from our Website. If any necessary info is missing from your notice, it may be rejected. You may send notice to [email protected] , including all the requirements stated above.
PRIVACY POLICY
You can view our Privacy Policy, which is linked at the bottom of every page of our website. All policies regarding you or any of our website users are outlined in our Privacy Policy, accessible at the bottom of our Website or via this link: www.justcomfy.com/privacy-policy.
PROHIBITED ACTIVITIES
When using our Website, you must behave in a peaceful, civil, prudent, and respectful manner at all times. Moreover, you will not, and it is strictly prohibited to:
- Act in a suspicious manner, including impersonating any person;
- Distribute “spam,” or “frame” or “mirror” any part of our Store;
- Provide false information when registering or making a purchase or at any other time when any type of information or Personal Information is required;
- Modify, adapt, sublicense, translate, sell, decompile, or otherwise disassemble any portions of our Website or Store, or encourage others to do so.
- Use, transmit, or distribute, directly or indirectly (e.g. screen scrape) in any manner or media any content or information obtained from our Website and Store in connection with your use of our Store in accordance with these Terms and conditions.
- Infringe our copyright to design, product images, videos, or other Content.
- Take part in any activities that are deemed illegal under any laws.
We reserve the right to suspend or terminate your account due to your violation of this clause. Failure to enforce this clause in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this clause does not create any private right of action on the part of any third party or any reasonable expectation that our Products will not contain any content prohibited by such rules.
LIMITATION OF LIABILITY
Our liability shall be limited to you or any other person for any direct, indirect, or special damages or losses resulting from the use of our website or store. Our liability for breach of these terms and conditions shall be limited to you if such breach is related to the general use of our website and subject to these terms and conditions. In relation to the use of our store, we reserve the right to restrict or limit its access or visibility to any users at any time. You acknowledge and agree that we are not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of anyone else’s rights, including copyrights. We reserve the right, at its sole discretion, to investigate and take appropriate legal action against anyone who violates our terms and conditions.
To the extent permitted by law, our aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other law or rules and regulation cause of action arising in relation to these terms and conditions, website or the content is limited to the resupply by us to you of the particular service you bought from us or such other similar service as we may choose.
Just Comfy shall not be liable by any means in relation to our products if the consumers do not follow the instructions while preparing or cooking the product. Unless damages are caused by way of intentional or gross negligence, or if they affect life, health, or physical integrity, we may only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Nothing in these terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy which the user may have under the consumers’ territorial consumer law and which cannot be excluded, restricted, or modified. To the fullest extent permitted by law, our liability to the user, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these terms and conditions, is limited, at our discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
GOVERNING LAW AND JURISDICTION
- Governing Law: These Terms and Conditions and your purchase of the product(s) shall be governed by and construed in accordance with the relevant law of the United Kingdom and other applicable international laws without regard to conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods and other international law which is and where it is applicable and needs to enforce these terms and conditions. However, regardless of the above, if the law of the country that the user is located in provides for higher applicable consumer protection standards, such higher standards shall prevail. If any part of these terms and conditions is deemed unlawful, void, or unenforceable, then that part will be deemed severable and will not affect the validity and enforceability of the remaining parts.
Exception for Consumers in Switzerland: If the user qualifies as a consumer in Switzerland, Swiss law will apply.
Exception for Consumers in Brazil: If the user qualifies as a consumer in Brazil and the product and/or service is commercialized in Brazil, Brazilian law will apply.
- Venue of Jurisdiction: Any dispute or claim arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the provincial or territorial and federal courts in the United Kingdom, and you agree that such courts will have personal jurisdiction over you in such matters through your use of our website
Exception for Consumers in the EU: The above does not apply to any users that qualify as European consumers or to consumers based in the United Kingdom, Switzerland, Norway, or Iceland
Exception for Consumers in Brazil: The above does not apply to users in Brazil who qualify as consumers.
- Legal Limitations: As some jurisdictions do not allow some of the exclusions or limitations as established in these terms and conditions, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead these terms and conditions in a bar to any claim, action, proceeding, or suit brought by you against us for any matter arising out of any complaint or otherwise in respect of these Terms and Conditions.
DISPUTE RESOLUTION
- Amicable Dispute Resolution: If there is any dispute, claim, or complaint about or involving the use of our website, your purchase of products or in connection with these terms and conditions, it will be managed by our support centre first, which will try to resolve them amicably. If matters progress to a legal stage, then our attorney will arrange a time to talk to the user. You may submit the complaint, including a brief description and, if applicable, the details of the related order, purchase, or account, to our email address specified in this document. We will process the complaint without undue delay and within seven (7) days of receiving it. While users’ rights to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this website or the service, users are kindly asked to contact us at the contact details provided in this document.
- Online Dispute Resolution for Consumers: The European Commission has established an online platform for alternative dispute resolution that facilitates an out-of-court method for solving disputes related to and stemming from online sale contracts and service contracts. As a result, any European consumer or consumer based in Norway, Iceland, or Liechtenstein can use such a platform to resolve disputes arising from contracts entered into online. The platform is available at the following link: http://ec.europa.eu/consumers/odr/
INDEMNIFICATION
You agree to indemnify and hold Just Comfy and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from and against any claim, losses, expenses, damages, liabilities, or demand, including lawyers’ fees and costs, made by any third party due to or in relation to any culpable violation of these terms and conditions, third-party rights, or statutory provisions connected to the use of the service by the user or its affiliates, officers, directors, agents, co-branders, partners, and employees to the extent allowed by applicable law. The above applies to any claims exercised by third parties, including but not limited to our clients or consumers, against us related to digital products provided by the user, such as claims of conformity.
SEVERABILITY
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions, and the remaining provisions shall remain in full force.
ASSIGNMENT
We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these terms and conditions, taking the user’s legitimate interests into account. Provisions regarding changes to these terms and conditions will apply accordingly. You may not assign or transfer your rights or obligations under these terms and conditions in any way without our prior written permission
NO WAIVER
Our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of any such right or provision. No waiver shall be considered as a further or continuing waiver of such term or any other term
FORCE MAJEURE
We shall not be liable for failure or delay in providing any services, delivery of products, or obligation under these Terms and Conditions if such failure or delay is due, directly or indirectly, to any law or any governmental rule, order, or regulation, or to any embargo, strike, or lockdown situation, pandemic, war, or riot, or to fire, storm, or weather condition, or to the failure or delay of carriers in transporting any item or of suppliers in furnishing any item, or to any other cause beyond our control.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that (a) your use of the Website will be in strict accordance with these Terms and Conditions and with all applicable laws and regulations, including, without limitation, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable Content; and (b) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
MISCELLANEOUS
These miscellaneous provisions are part of just about every set of online terms and conditions to ensure their enforceability. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Just Comfy as a result of these Terms and Conditions. We have the absolute discretion to transfer or assign all or any part of our rights under these Terms and Conditions. We will have the right to delegate or use third-party contractors to fulfil our duties and obligations under these Terms and Conditions in connection with operating our Website.
THIRD-PARTY LINK
Our website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources or for the content, products, or services on or available from those other websites or resources. Linking to that type of website does not imply any affiliation with us of such websites or resources or the content, products, or services available from such websites or resources. You are solely responsible for and assume all risks arising from using any such websites or resources or the content, products, or services on or available from such websites or resources.
CHANGE OR MODIFICATION
Periodically, under necessary circumstances, these Terms and Conditions may be edited, modified, or changed without prior notice. Your continued use of this website signifies your acceptance of such changes. Just Comfy reserves the right to modify any policies listed on the website, effective immediately upon publication or posting. If there are any significant changes to this policy, we will notify you to ensure awareness. If legally mandated, advance notice will be provided regarding modified terms. We reserve the right to limit or discontinue access with or without notice and without liability to you or any third party. Please remember to check our policies regularly for updates.
ENTIRE AGREEMENT
These Terms and Conditions, along with any terms and policies referred to therein, constitute the entire agreement and understanding between you and us, governing your use of our website, and supersede any previous agreements, communications, and proposals, whether oral or written, between you and us.
DEFINITIONS AND LEGAL INTERPRETATION
“This Website (or this Application)” means www.justcomfy.com and the property that enables the provision of the service.
“This Website (or this Application)” means www.justcomfy.com and the property that enables the provision of the service.
“Agreement” Any legally binding or contractual relationship between Just Comfy and the User shall be governed by these Terms and Conditions.
“Brazilian (or Brazil)” Applies when a User is physically present in Brazil, regardless of nationality.
“Business User” Any User that does not qualify as an independent consumer.
“Digital Product” is a product that consists of content produced and supplied in digital form, and a service that allows for the creation, processing, storing, or accessing data in a digital form, or sharing or interacting with digital data uploaded or created by the User or any other user of this Website.
“European (or Europe)” Applies when a User is physically present in the EU or in Europe, regardless of nationality.
“Example withdrawal form” shall mean the following formats
Addressed to:
Just Comfy, Unit 136093, PO Box 7169, Poole, BH15 9EL, United Kingdom and email [email protected]
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
- Ordered on: _____________________________________________ (insert the date)
- Received on: _____________________________________________ (insert the date)
- Name of consumer(s): _____________________________________________
- Address of consumer(s): _____________________________________________
- Date: _____________________________________________
(sign if this form is notified on paper)
“Just Comfy (or We)” Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.
“Product” A good or service available through this Website, such as physical goods, digital files, software, booking services, etc., and any other types of products separately defined herein, such as Digital Products.
“Service” The service provided by this Website as described in these terms and conditions.
“Terms” All provisions applicable to the use of this Website and the Service, including any related documents or agreements, and as updated occasionally.
“United Kingdom (or UK)” Applies when a User is physically present in the United Kingdom, regardless of nationality.
“User (or You)” Indicates any natural person or legal entity using this Website.
“A consumer” A user purchasing our products and qualifying as such under applicable law.
CONTACT US
We are solely responsible for providing explanations of these terms and conditions. If you have any questions regarding these terms and conditions, feel free to contact us using the address provided below:
Just Comfy
Address: Unit 136093, PO Box 7169, Poole, BH15 9EL
Email: [email protected]
Please note that
- We reserve the right to change these Terms and Conditions at any time. Modifications to these Terms and Conditions can be made without prior notification.
- Continued use of our website signifies your acceptance of any changes to these Terms and Conditions.