Terms and conditions

Article 1: Company Information

1. The term “Company” refers to:

  • Name: Dps Europe BV
  • Commercial trade name: Out of Diapers
  • VAT number: BE 0461.474.233
  • Registered office: Louis Ludwiglaan 15, 8300 KNOKKE-HEIST
  • Phone number: +32 494 69 66 77
  • Email: info@outofdiapers.be

2. Definitions

Agreement

The distance contract concluded between the Company and the Customer for the purchase of Products via the Website. The Agreement is governed by these terms and conditions.

Workday

Every day, except Saturday, Sunday, and national holidays within Belgium.

Company

The Company as referred to in article 1 of these Terms and Conditions

Customer

Any natural person who acts for purposes outside their trade, business, craft, or professional activities and who purchases or may purchase Products through the Website.

Offer

Offering Products via the Website. The Offer is governed by these terms and conditions.

Products

All goods and/or services available for purchase on the Website

Website

The Company's online available website, namely outofdiapers.be


3. Applicability

  1. These general terms and conditions apply to every Offer made by the Company and to all Agreements.
  2. These general terms and conditions are made available to the Customer before the conclusion of the Agreement with the Customer.
    These general terms and conditions will be made available to the Customer, at least before the conclusion of the Agreement, in such a way that the Customer will be able to store the general terms and conditions on a durable electronic data carrier.
  3. The Customer acknowledges having read and taken note of the general terms and conditions by means of the online link to these general terms and conditions prior to ordering on the Website.

4. Formation and duration of the Agreement

  1. The agreement is concluded by placing an online order on the Website's webshop.
  2. The Customer places an online order in the Website's webshop as soon as the Customer has accepted the Offer and the general terms and conditions.
  3. An order is placed and the Agreement is definitively concluded as soon as the Customer clicks the place order button via the webshop on the Website.
  4. The Agreement and the general terms and conditions remain in effect until all obligations have been fulfilled.

5. Prices

  1. The prices of the Products are those listed on the Website at the time the Customer places an order.
  2. All prices include VAT at the current applicable rate in the Customer's country of residence.
  3. All prices of the Products exclude delivery costs. The delivery costs are available to the Customer on the checkout page. The delivery costs will depend on the country to which the Products are to be sent.
  4. Before placing an order, the total price, including all costs and taxes, will be available to the Customer and will be stated on the order window.
  5. If a Product is incorrectly priced on the Website, the Company will contact the Customer in writing as soon as the Company becomes aware of the incorrect price. The Customer has the option to continue purchasing the Products or to cancel the order in accordance with the cancellation procedure set out in Article 8. The order will only be processed after the Company has received the Customer's instructions within eight days from the moment the Company notified the Customer of the incorrect price. If the Company is unable to contact the Customer using the contact details provided by the Customer during the order process, or if the Company does not receive a response from the Customer within the aforementioned period, the Company will treat the order as cancelled and will notify the Customer accordingly in writing.

6. Payment and payment methods

  1. The Customer can pay for the Products via the following payment methods:
    1. Bancontact
    2. Master Card
    3. Maestro
    4. Visa
    5. Apple Pay
    6. Google Pay
  2. The Customer must pay when placing the order.
  3. If the Customer pays via bank transfer or Bancontact, the Company will begin processing the order from the moment of receipt of the full payment. If the Company does not receive the full payment within eight days of receiving the order, the Company has the right to automatically cancel the order.

7. Shipping and delivery

  1. The Company undertakes to deliver the Products within 4 working days after full receipt of payment, unless another delivery date is agreed between the Company and the Customer at the time the Agreement is concluded.
  2. If the Company is unable to deliver the Products within the aforementioned period, the Company undertakes to inform the Customer of this in writing. The Customer will then give the Company a new, reasonable delivery period, taking into account the specific circumstances of the case. If the Company exceeds the deadline again, the Customer has the right to cancel the order.
  3. Delivery is made by delivering the Products to the Customer's address that he/she provided when placing the order. The Customer acknowledges that this home delivery method is the only opportune method of delivery specific to the Products in question, since another method of delivery is inconsistent with the nature of the Products and the place where the Products will be used.
  4. If no one is available at the Customer's address at the time of delivery, the Customer must follow the instructions of the delivery service responsible for delivering the order.
  5. The Company reserves the right to make partial deliveries of the Products ordered, for example, if part of the order is delayed or unavailable. In the event of a partial delivery, the Company will notify the Customer by e-mail to the e-mail address that the Customer provided to the Company when the order was placed.
  6. Upon delivery/collection, the Customer must check the packaging for any damage. If the Products are damaged, the Customer must not accept the delivery and must immediately notify the Company by e-mail to the e-mail address mentioned under article 1. After notification, the Company will give the Customer the necessary instructions regarding the damaged Products.
  7. The Company acknowledges being aware of the requirements of conformity of the Products in accordance with articles 1649bis to 1649nonies of the old Civil Code, which are reminded to the Customer for completeness.

8. Right of withdrawal and refund

  1. The Customer has a legal right to revoke the Agreement during the period as determined in article 8.2. This means that the Customer can decide not to keep the Products during the relevant period. The Customer must inform the Company of his decision to revoke the Agreement and receive a refund. The Customer does not have to give a reason for the revocation.
  2. The Customer has fourteen (14) calendar days to revoke the Agreement in accordance with the modalities of article 8.4. The starting point of the revocation period may vary. The following rules apply:
    1. If the delivery concerns a single Product, the period starts the day after receipt of the Product by the Customer.
    2. If the delivery relates to multiple Products that are delivered on separate days, the period starts the day after the Customer has received the last ordered Product.
    3. If the delivery relates to a Product over a certain period, the period starts the day following the day on which the Customer received the first delivery of the Products.
  3. The Customer can only revoke the Agreement as long as the Products:
    1. have not been worn, washed, or used in any way;
    2. are complete; and
    3. have their original labels and packaging.
  4. If the Customer decides to revoke the Agreement, the Customer must inform the Company by sending the model form in Annex 1 to these terms and conditions by e-mail to the e-mail address as stated under Article 1 within the legal revocation period.

    The Customer must return the Products to the Company without undue delay and in any event no later than fourteen days after sending the notice of revocation to the Company. The Products must be sent to the Company in the same manner as the Customer received the Products;

    All costs for returning the Products are paid by the company.
  5. In case of revocation:
    1. the Company will refund the amounts already paid by the Customer for the Products after receiving the Products. However, the Company may reduce the refund taking into account any reduction in value of the Products, if this was caused by the fact that the Customer handled them in a way that would not be allowed in a store.
    2. the Company will make all refunds within a reasonable period after receiving the Products.
    3. the Company will refund the Customer to the credit card or debit card that the Customer used to pay.
    4. the Company has the right to refund the Customer with vouchers if the Customer has used vouchers to pay for the Products.

9. Complaints procedure

  1. If the Customer has any complaints, they can contact the Company via the following email address: info@outofdiapers.be
  2. The Customer can also submit their complaint to the online dispute resolution platform provided by the European Union: http://ec.europa.eu/odr.
    The Customer can also address their complaint to the European Consumer Center, located at Hollandstraat 13, 1060 Brussels: mail: odr@eccbelgium.be / tel.: 02 542 33 46
  3. For questions about their rights, the Customer can always contact the Consumer Ombudsman, located at North Gate II, Koning Albert II-laan 8 bus 1, 1000 Brussels: mail: contact@consumentenombudsdienst.be / tel.: 02 702 52 00

10. Transfer and subcontracting

  1. The Company has the right to transfer its rights and obligations under the Agreement to a supplier (e.g. for the delivery of the Product), without this affecting the rights and obligations under these general terms and conditions.

11. Use of personal data

  1. The Company uses the Customer's personal data exclusively in accordance with the Privacy Policy on the Website.

12. Force Majeure

  1. The Company is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is caused by force majeure.
  2. In case of force majeure:
    1. the Company will notify the Customer of this at the email address provided by the Customer when placing their order; and
    2. the Company's obligations under the Agreement will be suspended and the time for performance of the obligations will be extended for the duration of the Force Majeure situation. Where the Force Majeure situation affects the delivery of the Products, the Company will arrange a new delivery date with the Customer after the Force Majeure situation is over.

13. Applicable law

  1. These general terms and conditions and the Agreement are subject to Belgian law. This means that the Agreements for the purchase of Products via the Website and all disputes or claims arising from or related to them are governed by Belgian law.

14. Final provisions

  1. The Company may change these general terms and conditions at any time. The general terms and conditions that apply at the time of the order of the Products will apply to the Agreement between the Customer and the Company.
  2. Without prejudice to the rights and remedies granted to the Customer by applicable law or these general terms and conditions, the Company's liability for direct damage will be limited to the value of the Products ordered.
  3. The nullity of a provision or part of a provision under the Agreement will in no way affect the validity of the remaining part of the provision or the rest of the provisions and clauses.

You can download the model withdrawal form in accordance with article 8 of the general terms and conditions here.