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Terms and conditions

Comfy Kaya maintains the internet portal www.comfykaya.com, a fashion online store. On comfykaya.com customers will be offered goods. The offering on this site is only directed at end users of legal age. Goods can be sold in any number of quantities. These terms and conditions find application in all contracts which members enter into via comfykaya.com as well as all general business relationships between Comfy Kaya and its customers. Comfy Kaya does not accept any other terms and conditions unless explicitly stated otherwise. If periods are stated in working days, these include all weekdays except Saturday and Sunday and all statutory holidays.

USE OF Comfykaya.com
As part of the registration as a customer of Comfy Kaya you will be asked to submit personal data. You are responsible for ensuring that the data is complete and correct. After you have completed the registration process, you will receive a confirmation of your registration by email. To facilitate access to the online service on comfykaya.com, you will receive a password. You are obliged to treat this password and any other access data confidential and protected from access by unauthorized third parties. Comfy Kaya reserves the right to refuse registration without giving reasons.

You indemnify Comfy Kaya completely of any claim by third parties on first demand. By transmitting the contents to Comfy Kaya, you grant Comfy Kaya all exclusive rights of use over time, space and content without restriction, including transfer to a third party, which Comfy Kaya requires for publication and dissemination, even in part, to comfykaya.com. Comfy Kaya is entitled to store or release content, and reserves the right of cancellation, reduction, modification or correction of such content.
You may not use comfykaya.com outside the intended frame to disrupt or manipulate particular technical processes. Interventions with the intention to seek unjustified advantage to the detriment of Comfy Kaya or other members will result in the immediate loss of the right to purchase on Comfy Kaya and the revocation of the customer’s account as a consequence.

You are only permitted to register and use one membership account at a time. Multiple registrations will be deleted by Comfy Kaya.
In the password protected area on comfykaya.com you can access your recently shipped and/or completed orders. In this area you can also change, administer and save your own data and potential subscriptions of newsletters.
Comfy Kaya reserves the right to issue a warning, to terminate your membership or to modify or delete content you have submitted, if you violate any of the provisions of this Section 3. Any claims for damages by Comfy Kaya remain unaffected.
In case you want to exchange or return the product due to some reason, you need to initiate the return within 72 hours of receiving the product or else refund will not be possible you can just get a coupon code for new purchase.

CONTRACTUAL PARTNERS, LANGUAGE AND CONCLUSION OF CONTRACT

At the conclusion of contracts on comfykaya.com your contractual partner is solely Comfy Kaya. Comfykaya.com is operated in English; comfykaya.com contracts are concluded in English and Hindi. By submitting an order by clicking “order or buy now” you make a binding contract offer. After submitting your order, you will receive a confirmation email from Comfy Kaya. The confirmation email does not constitute acceptance of the contract. The declaration of acceptance of the contract consists in the shipping of the goods. When ordering multiple items, the acceptance of the contract applies only to goods actually shipped.

In cases where prices are displayed incorrectly on Comfykaya.com due to technical errors, Comfy Kaya is entitled to action for nullification. The burden of proof regarding an error lies with Comfy Kaya. Payments already made will be refunded immediately.

PRICES AND SHIPPING FEES

For orders on comfykaya.com the prices which are listed at the time of your order on the product page apply. The final prices (inclusive of taxes) are shown in the shopping cart page.
For returns of products, contact the Comf Kaya customer support via care@comfykaya.com or via our contact form at comfykaya.com.

PAYMENTS

Comfy Kaya provides the payment methods credit card, debit card, and netbanking payment in advance and Cash on Delivery. Comfy Kaya reserves the right to exclude any payment methods for individual goods and to refer to the other payment methods.

Comfy Kaya accepts various credit cards, e.g. Visa ,American Express, Mastercard. Comfy Kaya will charge the invoice to your credit card immediately after receipt and dispatch of the order.

VOUCHERS

The following provisions apply to all vouchers of Comfy Kaya. The vouchers include specifically the vouchers as a result of purchase of an invited friend of comfykaya.com and vouchers individually assigned to individual customers at comfykaya.com.

Vouchers are only valid for the period announced at issue or a maximum of 180 days from the time of issuance. An extension or a transfer to another user/ customer is not possible. Vouchers are non-transferable. Vouchers cannot be deducted from shipping costs, if applicable. Should the price of your order exceed the balance in a voucher, you can compensate the difference through the payment methods available. Comfy Kaya reserves the right to accept only one coupon per order. Vouchers are not paid in cash or earn interest. Vouchers will not be refunded, should you return the goods wholly or partly, or if goods can only be delivered in part (unless these returns are due to negligence on the part of Comfy Kaya in which case the entire voucher will be re-added to the account).

Lost or, in particular, stolen vouchers will not be refunded. Comfy Kaya assumes no liability for lost vouchers.
Comfy Kaya reserves the right to provide alternative payment methods in accordance with point 6.1, and to refuse delivery and / or to terminate customer accounts should there be a reasonable suspicion of abuse in connection with the use of vouchers.

DELIVERY

Delivery will only be provided to the shipping address provided by you.
Comfy Kaya ships according to the delivery timelines provided for each product. We ensure that we ship as early as possible, but for some products the timelines are longer due to availability of products.

Comfy Kaya does not assume any sourcing risk especially with reference to a purchase by description. Comfy Kaya is only obliged to ship from existing stock or from stock ordered from suppliers. In some cases Comfy Kaya will ship from its own production. In cases of force majeure, shipping duration may increase within reason. Force majeure shall include strike, exclusion, official intervention, energy or resource scarcity, shipping difficulties, business complications such as fire or water damage to machinery, lightning or any other unforeseeable business complications for which Comfy Kaya cannot be held responsible. Starting and ending point of such shipping impediments will be communicated immediately by Comfy Kaya.

Comfy Kaya reserves the right to cancel the contract should delivery fail three times through fault of customer. Payments already made will be refunded or store credit will be given depending on the scenario. Comfy Kaya asks you to immediately inform the deliverer and Comfy Kaya as soon as possible about obvious transport damage. Doing so has no influence on your warranty rights, but will help Comfy Kaya to make its own claims against the supplier.
All delivery times mentioned are applicable after confirmation of order from us. For Cash On Delivery orders, this is after we have called and confirmed the order from your end. All order confirmations must be completed within 72 hours. After this time period if order is not confirmed by customer, it is up to the discretion of Comfy Kaya to cancel the order. For returns policies, please check our section on Delivery and Returns.

RETENTION OF TITLE

Ownership of the goods is transferred to the member upon full payment.

LIABILITIES

Comfy Kaya is liable only for intent and gross negligence, unless there are fraudulently concealed damages, damages for loss of life, limb or health or damage arising from any infringement of essential contractual obligations. The same applies to violations by Comfy Kaya ‘s agents.

SERVICE AND COMPLAINTS

The satisfaction of our members is close to our hearts. Therefore we Endeavour to deal with your concerns as quickly as possible and always provide you with our feedback after receiving your input. For service inquiries, please contact our customer service department: Email: care@comfykaya.com

DATA SECURITY

As part of your registration as a customer on com you will be asked to provide personal data. This is data which is required by Comfy Kaya to process the contracts concluded on comfykaya.com. All personal data is confidential and will be treated by Comfy Kaya in accordance with relevant legal regulations. To safeguard your privacy in online payment transactions Comfy Kaya uses the latest encryption techniques through our payment gateways.

IMAGE RIGHTS

All rights to use imagery on com lie with Comfy Kaya or our partners. The use of the material – in whatever form – is prohibited unless explicit permission from Comfy Kaya has been granted.

CANCELLATION POLICY

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason at any time. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.(Any type of voucher used in these orders shall be pushed back into the user’s account in case of cancellation by Company).
As part of usual business practice, if we receive a cancellation notice and the order has not been dispatched by us, we shall cancel the order and refund the entire amount. Company holds discretionary right to refund the amount as customer points/check or bank refund. In the event of cancellation of order by the customer Company holds the right to not refund the voucher, if any used against such order.

FINAL PROVISION

Should any provision of this agreement be legally void, this does not invalidate the whole contract. Instead, the invalid provision shall be replaced with an effective provision with the same economic purpose. The same applies to possible gaps in this contract.
Comfy Kaya reserves the right to amend these terms and conditions for future business. Excluded from this are unreasonable changes, especially pertaining to essential contract elements, such as the main benefits owed, which would be subject of a contract modification. Comfy Kaya will notify you of changes to the Terms and Conditions in timely fashion. Notification of changes will include a reference to the possibility and the period of objection and the significance or consequences of the omission of contradiction. If you do not contradict the validity of the amended Terms and Conditions within two weeks of the day following the receipt of the notification of change to you, the amended terms and conditions shall be deemed accepted by you.

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