Terms and Conditions

Article 1 – Definitions In these Terms, the following definitions apply:

Withdrawal period: the period within which the consumer may exercise their right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: calendar day.
Durable data carrier: any medium that allows the consumer or entrepreneur to store information addressed to them in a way that allows future retrieval and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance — in these Terms, KOMO MIAMI, operated by VERTE COMMERCE LTD.
Distance contract: a contract concluded within the framework of a distance selling system organised by the entrepreneur for goods and/or services, where, up to and including the moment the contract is concluded, exclusive use is made of one or more means of distance communication.
Means of distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time.
General terms and conditions: these general terms and conditions of the entrepreneur.

Article 2 – Payment Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days from the start of the withdrawal period referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement. The consumer is obliged to immediately report any inaccuracies in payment details provided to the entrepreneur. In case of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs communicated in advance.

Article 3 – Applicability These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If the distance contract is concluded electronically, the text of these terms may be made available electronically in such a way that the consumer can easily store it on a durable data carrier. Where specific product or service conditions apply in addition to these general terms, and in the event of conflicting terms, the consumer may always rely on the provision most favourable to them. If at any time one or more provisions of these terms are wholly or partially invalid, the contract and remaining terms will stay in force, and the relevant provision will be replaced by one that approximates the original meaning as closely as possible. Situations and ambiguities not covered by these terms will be assessed and interpreted in their spirit.

Article 4 – The Offer If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated. The offer is subject to change, and the entrepreneur is entitled to modify it. The offer contains a complete and accurate description of the products and/or services offered, sufficiently detailed to enable the consumer to make a proper assessment. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. Images are a true representation of the products offered; however, the entrepreneur cannot guarantee that the colours shown correspond exactly to the real colours of the products. Each offer makes clear the rights and obligations attached to acceptance, including the price (excluding any applicable customs, duties, or import taxes, which are at the customer's expense and risk), any shipping costs, the method of payment and delivery, whether the right of withdrawal applies, and the period for accepting the offer.

Article 5 – The Contract The contract is concluded when the consumer accepts the offer and meets the stated conditions. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt electronically. As long as receipt has not been confirmed, the consumer may dissolve the contract. The entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. The entrepreneur may, within legal limits, assess whether the consumer can meet their payment obligations, and may refuse an order or attach special conditions if there is good reason to do so. Each agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal When purchasing products, the consumer has the right to dissolve the contract within 30 days without giving reasons. This period starts on the day after receipt of the product. During the cooling-off period, the consumer will handle the product and packaging with care and only unpack or use it to the extent necessary to assess whether they wish to keep it. If exercising the right of withdrawal, the consumer will return the product with all accessories and in the original condition and packaging, according to reasonable and clear instructions from the entrepreneur. The consumer must notify the entrepreneur in writing or by email within 30 days of receipt, and must return the product within 30 days of notification, providing proof of timely return such as a shipping receipt.

Article 7 – Costs in Case of Withdrawal If the consumer exercises the right of withdrawal, the cost of returning the products will be borne by the consumer. Refunds will be made within 14 days of cancellation, provided the product has been returned or proof of return has been supplied.

Article 8 – Exclusion of Right of Withdrawal The entrepreneur may exclude the right of withdrawal for products made to the consumer's specifications; products that are clearly personal in nature; products that cannot be returned due to their nature; products that may deteriorate or expire quickly; and for hygienic products with a broken seal.

Article 9 – Price Prices will not be increased during the validity period of the offer, except for changes resulting from changes in VAT or applicable sales tax. Price increases within 3 months of conclusion are only allowed if due to legal regulations. Price increases after 3 months are only allowed if agreed, and the consumer may then terminate the contract from the day the increase takes effect.

Article 10 – Conformity and Warranty The entrepreneur guarantees that the products comply with the agreement, the specifications stated, reasonable requirements of usability, and applicable legal provisions. Defective or wrongly delivered products must be reported within 14 days and returned in original packaging and condition. The warranty does not apply if the consumer has repaired or modified the products themselves or had them repaired by third parties; if the products were exposed to abnormal conditions; or if defects result from regulations regarding the nature of materials.

Article 11 – Delivery and Execution The entrepreneur will take the utmost care when receiving and executing orders. The delivery address is the one provided by the consumer. Orders will be executed as soon as possible. If delivery is delayed, the consumer will be informed and may dissolve the contract, in which case a refund will be made within 14 days. If delivery of an ordered product proves impossible, a substitute item may be provided at no extra cost, with the right of withdrawal intact. The risk of damage or loss remains with the entrepreneur until delivery to the consumer, unless otherwise agreed.

Article 12 – Complaints Procedure Complaints must be submitted fully and clearly described within a reasonable time of discovery. Complaints will be answered within 14 days. If more time is needed for handling, the consumer will be informed.

Article 13 – Entrepreneur Identity KOMO MIAMI is operated by VERTE COMMERCE LTD, a company registered in England and Wales. Customer service email: support@komo-miami.com

Article 14 – Governing Law and Disputes These Terms and all contracts between the entrepreneur and the consumer are governed by the laws of England and Wales. In the event of disputes, the courts of England and Wales shall have jurisdiction, without prejudice to any mandatory consumer protection rights the consumer may have in their country of residence.