Terms & Conditions
GENERAL TERMS & CONDITIONS
This website is operated by Digital-smartness. By visiting our website and/or purchasing anything from us, you participate in our “Service” and agree to these general terms and conditions (“General Terms & Conditions” or “Terms”), including any additional terms and policies referenced herein or made available by hyperlink. These Terms apply to all users of the site, including but not limited to users who browse, sellers, customers, merchants, and/or content contributors.
SECTION 1 – TERMS FOR THE ONLINE STORE
1.1 By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us consent to allow your minor dependents to use this site.
1.2 You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any viruses, worms, or any other type of malicious or destructive code.
1.4 Any breach or violation of any of the Terms will result in an immediate termination of your Service.
SECTION 2 – BUSINESS IDENTITY
Business Name: Digital-Smartness
Chamber of Commerce Number (KvK): 90465814
Trade Name / Legal Form: Comfort-allign
VAT Number: NL004818254B25
Customer Service E-mail: support@comfort-allign.com
Business Address: Juliana van Stolberglaan 25, 2181SR Hillegom
SECTION 3 – GENERAL CONDITIONS
3.1 We reserve the right to refuse service to anyone for any reason at any time.
3.2 You understand that your content (excluding credit card information) may be transmitted unencrypted over various networks and may include:
(a) transmissions over multiple networks; and
(b) changes made to conform to and adapt to technical requirements of connecting networks or devices.
3.3 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
SECTION 4 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
4.1 We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
4.2 This site may include historical information. Historical information is necessarily not current and is provided for reference purposes only.
4.3 We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes on our site.
SECTION 5 – CHANGES TO SERVICE AND PRICES
5.1 Prices for our products may change without notice.
5.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
5.3 We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuation of the Service.
SECTION 6 – PRODUCTS OR SERVICES
6.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
6.2 We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your display of any color will be accurate.
6.3 We reserve the right, but are not obligated, to limit the sales of our products or services 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 any products or services we offer. 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. Any offer for any product or service made on this site is void where prohibited.
6.4 We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
7.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
7.2 These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting you via the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
7.3 You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 – PRICE
8.1 All product prices displayed on the website are exclusive of VAT, import duties, clearance fees, and other local taxes or levies that may apply in the destination country. Since the entrepreneur does not charge VAT on these sales (see Section 12), the customer is fully responsible for all import costs.
8.2 Notwithstanding the foregoing, the entrepreneur may offer products or services with variable pricing depending on fluctuations in financial markets that the entrepreneur does not control. This dependency on market fluctuations and the fact that stated prices may be indicative will be clearly disclosed in the offer.
8.3 Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
8.4 Price increases occurring after 3 months from the conclusion of the agreement are only permitted if the entrepreneur has agreed, and
a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement from the date the price increase takes effect.
SECTION 9 – OPTIONAL TOOLS
9.1 We may provide you access to third-party tools over which we have no control or input.
9.2 You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or in connection with your use of optional third-party tools.
9.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third party.
9.4 We may in the future introduce new services and/or features through the website (including the introduction of new tools and resources). Such new features and/or services shall be subject to these Terms.
SECTION 10 – THIRD-PARTY LINKS
10.1 Certain content, products, and services made available through our Service may include materials from third parties.
10.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we make no warranties and accept no liability for third-party materials or websites, or for other materials, products, or services of third parties.
10.3 We are not liable for any damage or loss incurred as a result of any transactions involving goods, services, resources, content, or other dealings from third-party websites. Please carefully review the policies and practices of any third party before proceeding with any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 11 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
11.1 If you submit certain specific submissions (e.g., contest entries) or without our request creative ideas, suggestions, proposals, plans, or other materials (“comments”) via any medium, you grant us a perpetual, irrevocable, nonexclusive, royalty-free, fully paid, worldwide right to use, reproduce, modify, adapt, publish, translate, distribute, and otherwise exploit such comments in any medium without compensation to you. We are under no obligation:
a. to keep comments confidential;
b. to pay compensation for comments; or
c. to respond to comments.
11.2 We may, but are not obligated to, monitor, edit, or remove content we consider, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates intellectual property or these Terms.
11.3 You agree that your comments will not infringe any third-party rights, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, offensive, or obscene material, or contain any malware, or virally propagate in any way. You may not use a false e-mail address or impersonate another person, or mislead us or third parties as to the origin of your comments. You are solely responsible for your comments and their accuracy.
11.4 We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 12 – IMPORT & VAT
12.1 Shipping arrangement: The Customer acknowledges that all goods ordered through this website are shipped directly by a third-party supplier located outside the European Union (EU) or the United Kingdom (UK). The goods do not pass through the entrepreneur within the trade flow of the EU/UK.
12.2 Place of supply and exclusion of VAT: In accordance with applicable VAT legislation (including Articles 32–33 of EU Directive 2006/112/EC and analogous domestic provisions such as Article 5, paragraph 1, of the Dutch Turnover Tax Act 1968), the place of supply for VAT purposes is deemed to be the country where transport commences (i.e., outside the EU/UK). Accordingly, the entrepreneur does not charge VAT on the sale of these goods. The displayed prices are therefore exclusive of VAT or import duties.
12.3 Customer as importer of record: The customer acts as the importer of record of the goods into the destination country and is fully responsible for compliance with all import formalities.
12.4 Customer liability for import costs: The customer expressly acknowledges and agrees that they are solely responsible for the declaration and payment of any import charges upon arrival of the goods in the destination country. This includes, but is not limited to:
a) import VAT at the prevailing rate in the destination country;
b) customs duties, levies, or taxes;
c) customs clearance fees, broker fees, or administrative surcharges imposed by customs authorities or the postal/courier service.
Such costs are typically collected from the customer by the delivering postal or courier service prior to or at the time of delivery. The entrepreneur is not involved in the determination or collection of these import costs.
12.5 No liability for import costs or delays: The entrepreneur shall not be liable in any manner for import VAT, duties, taxes, delays, seizures, or non-deliveries arising from noncompliance by the customer. By placing an order, the customer accepts these terms and indemnifies the entrepreneur from any related claims or costs.
SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS
13.1 From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, shipping costs, delivery times, and availability.
13.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (even after you have placed your order).
13.3 We assume no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.
SECTION 14 – PROHIBITED USES
14.1 In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content to:
a. engage in any unlawful purpose;
b. encourage others to engage in unlawful acts;
c. violate international, federal, provincial, or local laws;
d. infringe our or others’ intellectual property rights;
e. harass, abuse, insult, harm, defame, slander, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f. provide false or misleading information;
g. upload or transmit viruses or other malicious code;
h. collect personal data of others;
i. spam, phish, pharm, impersonate others, spider, crawl, or scrape;
j. for obscene or immoral purposes; or
k. interfere with or circumvent the security features of the Service, or any related website, other websites, or the Internet.
14.2 We reserve the right to terminate your use of the Service for violating any of these prohibited uses.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
15.1 We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from use of the Service will be accurate or reliable.
15.2 We reserve the right to remove the Service for indefinite periods or to discontinue the Service at any time, without notice to you.
15.3 You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (unless explicitly stated otherwise) provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and noninfringement.
15.4 In no event will we (or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products obtained through the Service, or for any other claim related in any way to your use of the Service or any content (or product) posted, transmitted, or made available through the Service, even if you have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability is limited to the maximum extent permitted by law.
SECTION 16 – RETURN POLICY
16.1 The customer has the right to return the product within 14 days of receipt. The customer bears all costs associated with the return shipping of the product. The product must be returned directly to the supplier.
16.2 Digital-smartness is not responsible or liable for any costs related to the return shipment of the product. The customer agrees to indemnify Digital-smartness for any expenses or liabilities associated with the return process.
SECTION 17 – INDEMNIFICATION
You agree to indemnify www.comfort-allign.com and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents referenced herein, or your violation of any law or the rights of a third party.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be illegal, invalid or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the remaining provisions will remain in full force and effect. This section will not affect the validity and enforceability of the remaining provisions.
SECTION 19 – TERMINATION
19.1 Obligations and liabilities of the parties incurred prior to termination shall survive the termination of this Agreement for all purposes.
19.2 These Terms remain in effect until terminated by you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services or by ceasing use of our site.
19.3 If in our sole judgment you fail to comply with any term or provision of these Terms, we may terminate this Agreement at any time without notice, and you will remain liable for all amounts due through the date of termination, and we may deny you access to our services (or any part thereof).
SECTION 20 – ENTIRE AGREEMENT
20.1 The fact that we do not enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
20.2 These Terms, together with our policies or operational rules posted on this site, constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals (oral or written) between you and us (including previous versions of these Terms).
20.3 Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party (i.e. ambiguous terms will not be interpreted against us).
SECTION 21 – APPLICABLE LAW
These Terms and any separate agreements by which we provide you services shall be governed by and construed in accordance with Dutch law.
SECTION 22 – PRECEDENCE OF THESE TERMS OVER COUNTERPARTY TERMS
These Terms take precedence over all terms of the counterparty, including those in orders, invoices, or other documents of the counterparty. Counterparty terms that conflict with or deviate from these Terms are explicitly rejected unless we expressly agree in writing.
SECTION 23 – AGREEMENT PRECEDENCE
In case of inconsistencies or conflicts between provisions of these Terms and provisions of a specific agreement between the customer and the entrepreneur, the provisions of the specific agreement prevail. Conflicting provisions in these Terms shall then be disregarded.
SECTION 24 – AMENDMENTS TO THE TERMS
24.1 You may review the most current version of the Terms on this page at any time.
24.2 We reserve the right, at our sole discretion, to update, change or replace portions of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
24.3 Your continued use of or access to our website or the Service after any revisions to the Terms indicates your acceptance of those changes.