General Terms and Conditions

These terms and conditions (together with the information on the pages on the website and any other documents referred to in these terms and conditions) describe the legal terms and conditions that apply to the use of our website www.myfirstcollection.be,all sub domains and any other websites managed by us or on our behalf and any mobile app or desktop application developed by us or on our behalf. 

These terms and conditions of sale exclusively regulate all contractual relationships arising from any online sale of the products offered on this website between WD Diffusion nv with a registered seat in Oude Beselarestraat 52, B-8940 Wervik , Belgium, hereinafter referred to as 'WD Diffusion nv' on the one hand, and the customer on the other.

Read these Terms and Conditions carefully and make sure you understand them before using our Website and online shop. If you do not accept these Terms and Conditions, you will not be able to use the online shop and must leave the website immediately. If you continue to use the website or order products, you will agree to these Terms and Conditions. They will also be sent by e-mail together with the invoice or order-confirmation of your orders. 

You can download these Terms and Conditions here :

  • English 

  • Dutch 

  • French

 

1. Understand these Terms and Conditions

Subject to a different provision, the term 'product' should be interpreted in these conditions as any garment, accessory, toy, furniture or object intended for babies.

  • The term 'website' should be interpreted as the e-commerce pages of the website www.myfirstcollection.be

  • The term 'order' should be interpreted as any online sale of products, carried out through the website.

  • When we refer to "we", "us" or "our", we mean WD Diffusion nv.

  • Where we refer to "you" or "your", we mean you, the person who uses our online services.

These Terms and Conditions are available in the English, Dutch & French language. Please note that we may change these Terms and Conditions from time to time, so check the Website regularly and whenever you use it to order products to ensure that you understand the legal terms that apply at that time. 

By checking the box 'I agree to the terms and conditions, Privacy Policy & Return Policy' on the website during the ordering process, the customer declares that he has explicitly taken note of these terms and conditions of sale and also fully accept them. The customer's terms and conditions cannot be used as a opposition to WD Diffusion nv. 

2. Our liability

If we do not comply with these Terms and Conditions, we are responsible for loss or damage you suffer if this is a foreseeable consequence of our violation of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that cannot be foreseen. Loss or damage is foreseeable if it is an obvious consequence of our violation or if it had been agreed by you and us at the time you started using the online services. We do not exclude or limit our liability in any way: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability that cannot be legally restricted.

3. The products

We try to be as accurate as possible in the description of the products displayed on the Website. However, we cannot guarantee that all details are always correct, complete or error-free. Please contact our Customer Service if you would like to receive more information about a product. The images of the products on the website only serve as an illustration and although we try to accurately display colors, we cannot guarantee that when displaying the images on your computer screen, the true color of the products is correct.

As a consumer, you have legal rights regarding products that are defective or not as escribed. Nothing in these Terms and Conditions will affect these legal rights.

The products sold are intended exclusively for home and private use. You agree that you will not use the products for commercial, business or resale purposes. We are not liable to you for any loss of profit, loss of business, business interruption or loss of business opportunities.

4. Orders, prices and payment

By completing the payment process and placing an order by clicking the "Place Order" button on the checkout page, you indicate to buy the products. Your order of products is covered by these Terms and Conditions. All orders depend on availability and confirmation of the price for the order. Legal ownership of the purchased product will be transferred to you after your payment has been accepted. Risk of the product remains with WD Diffusion nv until it is delivered to you at the address you have provided when placing your order.

To order products, you must be over 18 and have a valid credit or debit card. By placing an order, you certify that all the information you provide is correct and accurate, that you are over 18 years of age, that you are an authorized user of the credit or debit card used to place your order and that there is sufficient balance available on the account to cover the cost of your order. 

The Website allows you to check your order and correct any errors before you complete the purchase. Take the time to read your order and check on each page of the ordering process as you are responsible for the fact that the information you provide is correct (for example, the right products, quantities, size, colour, etc.).

(a) Origin of the contract : When you place an order, you will receive an e-mail confirming receipt of your order. This email only serves as confirmation as information and it does not mean that your order is accepted. If your order is accepted, we will send you a confirmation (invoice) email describing the products purchased in the order and certain other information about your rights.

Each order connects WD Diffusion nv only after receipt of its full payment and after WD Diffusion nv has sent the customer a written confirmation by email with clear indication of the customer's details, confirmation of the payment, delivery address and an overview of the ordered products.

WD Diffusion nv reserves the right not to confirm the order if the ordered products are not available, if the payment authorization is refused by the bank or if there is a dispute between the two parties.

If the order cannot be honored after 30 days of confirmation due to exceptional circumstances, the customer has the right to cancel his order free of charge and WD Diffusion nv will proceed to the refund as soon as possible.

(b) Pricing and availability : Although we try to ensure that all the details, descriptions and prices that appear on the Website are correct,  errors may occur. If we discover an error in the price of products you have ordered, we will notify you as soon as possible and offer you the opportunity to re-confirm or cancel your order at the correct price. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

All prices are listed in euro and include VAT and all other taxes and taxes to be paid by the customer, but excluding bank charges, delivery costs, any import taxes, customs duties and customs formalities of the country of destination. These costs remain at the customer's expense and will be billed directly to the customer by the transporter, on top of the prices of the products. Shipping costs (including the VAT we charge) vary depending on the products you have ordered and your delivery address. The delivery costs that apply to your order are clearly displayed in the checkout before you place your order (and are included in the "Total Cost" amount on the order's summary page).

Depending on your delivery address, additional costs as well as import duties may apply. We do not have any control over these costs and cannot give advice on the amount. You are responsible for the payment of duties and taxes that are not included. Contact your local customs office for more information and an "estimate of costs" before placing your order.

Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included, you will be responsible for recovering the charges directly from your local customs office.

(c) Payment

Once the order has been confirmed by the customer, the payment can be made via a credit card (Visa, Master Card or American Express). However, WD Diffusion nv assumes no liability for banking transactions.

As long as the payment has not been received by WD Diffusion nv, your ordered products will not be delivered. Products will not be shipped until the information you specified has been verified. Once we have verified your payment information, accepted and approved your order, we will proceed with the delivery. In the unlikely event that we encounter a problem when processing your order, we will contact you and may request further information to resolve the issue if possible.

We reserve the right not to accept your order, for example if the ordered product is out of stock, withdrawn or otherwise unavailable, or if we are unable to obtain permission for your payment or if you do not meet the eligibility criteria.

5. Delivery

The estimated delivery date of the products will be stated in your email confirmation. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days of the date of shipment. The delivery period depends on the availability of the product(s) in stock. The transport time depends on the delivery address. Delivery times are just estimates and cannot be guaranteed. We will try to ensure that your order is delivered within an average period of three to five business days after the date of receipt of the full payment and confirmation (working days in Belgium and in the country of destination), but there may be circumstances in which delivery is delayed due to events beyond our control. If this happens, we try to ensure that your products are delivered as soon as possible, but we are not liable for any losses caused by such a delay. The customer cannot refuse products, claim compensation or cancel the order due to delay in delivery for which WD Diffusion nv cannot be liable.

  • Depending on the availability of the products, they can be delivered in one or more shipments.

  • In the event of damage, it shall be notified in writing on the delivery receipt and by e-mail to info@wd-diffusion.com. Any damage caused during transport that was not reported within 24 hours will no longer be taken into account.

  • If the customer is absent from delivery of the products and does not pick up the package within the period that it remains available at the pick-up point or at the carrier, then the customer will first have to pay the costs for re-sending before the products can be re-shipped.

6. International delivery

Certain products may have restrictions on certain international destinations. For delivery to an international destination, your order may be subject to import duties and taxes that are applied when the package reaches that destination. You must comply with all applicable laws and regulations of the country for which the products are intended. We are not liable or responsible if you violate such laws.

7. Return policy

Please refer to our Return Policy for information about returns and exchange. For information about cancelling your order under the CCNR, please read more below.

  • The customer has the right to return the products to the seller within 14 calendar days of delivery at their own risk and costs, without giving any reason and without any penalty. Once that deadline has expired, the customer no longer has that right.

  • The customer will return the products intact, unworn, unwashed, unused and all accessories and all labels sewn on the inside, and labels on the outside, in their original packaging and with all packaging labels to the address: Oude Beselarestraat 52, 8940 Wervik, Belgium. Any incomplete, damaged or stained returned product will not be refunded. All our products are equipped with a secure cardboard hang-tag label by means of a 'seal lock' : cutting the cord is seen as a used item.

  • The customer will fill in our Return form before returning the products.

  • The refund of the returned products, including the initial delivery costs if included in the invoice, will be refunded within 14 business days of receipt by WD Diffusion nv. However, the refund does not apply to the costs of re-sending products, which remain at the expense of the customer.

  • Please note that in some cases we may refuse your return

Cancel according to Consumer Contracts Regulations

Depending on where you live, you have the legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Costs) Regulation 2013 ("CCR") or equivalent consumer legislation in the EU. This means that during a certain cancellation period, if you consider yourself or decide for some other reason that you do not want to keep the purchased products, you can inform us of your decision to cancel the order. Once the products are received in accordance with our return policy, you will receive a full refund, including the original delivery costs; however, you are liable for arranging and covering the full cost of returning the order.

Except for certain types of products as set out in return policy, you can cancel a contract at any time before your order is delivered and up to 14 days thereafter, starting the day after you receive the products ("cooling off period").

To cancel an agreement, you must let us know clearly, preferably by email: info@wd-diffusion.com,with clear indication of name, address and order number or by filling in the Return form on our website 

  • If you cancel an order (or part of it) during the cooling-off period, you must return the product(s) within 14 days of the day you notify us of the cancellation, and check that the items meet the terms of our Return Policy.

  • If you cancel a contract within the 14-day cooling-off period, we will process the refund  as soon as possible. Your refund will in any case be completed within 14 days of the day we received your return.

8. Disclaimer for www.myfirstcollection.be

This disclaimer of www.myfirstcollection.be, as made available by WD Diffusion nv, we indicate under which reservation we offer the information on our website to you.This section sets out the rules that apply to use of the Website (whether you use them to order products or just to view). By using the Website, you agree to these rules. If you do not agree to these rules, you will not have permission to use the Website and must leave it immediately.

(a) Access to the Website

  • The Website is offered free of charge and you are responsible for taking all necessary measures to gain access to the Website. You are also responsible for ensuring that all people who have access to the Website via your Internet connection are aware of these Terms and Conditions and that they comply.

  • Access to the Website is allowed on a temporary basis, commercial use of the Website or its content is not part of it. You may not reproduce, copy and/or operate the Website for commercial purposes without our prior written consent.

  • We reserve the right to delete or modify the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We are not liable to you if the website is not available at any time or for a certain period of time for any reason.

  • When you visit the Website and/or place an order, you communicate electronically with us and agree that all agreements, notifications, disclosures and other communications we send to you electronically meet all legal requirements that the same communications must meet in writing.

(b) Your behaviour

  • You may not use the Website in any way that causes the Website, or access to it, to be interrupted, damaged, or compromised in any way.

  • You understand that you are responsible for all electronic communications and content sent to us from your computer and that you will only use the website for lawful purposes.

  • You may not use the Website for any of the following:

In a way that violates applicable local, national or international laws or regulations. In any way that is unlawful or fraudulent, or results in an unlawful or fraudulent purpose or result. To send, use or reuse material that: (i) is illegal, offensive, indecent, defamatory, obscene or threatening, and/or (ii) violates copyright, trademark, trust, privacy or any other right, and/or (iii) otherwise harmful to third parties, and/or (iv) offensive, and/or (v) that software viruses are or contains, political campaigns, commercial recruitment, chain letters, mass mailings or any "spam". To cause damage, annoyance, discomfort or unnecessary anxiety to a person.

Violating these provisions would be a criminal offence under the Computer Abuse Provision 1990. We, in compliance with an enforceable law or public order, will report such an offence to the relevant law enforcement authorities and disclose your identity to them. If you infringe the Terms and Conditions and/or Terms and Conditions of Third Parties Products and Services, you will fully exempt us from all costs, expenses, liabilities, damages and losses (except indirect, incidental or consequential damages), including any interest, fines and legal or other professional expenses and expenses provided to or have been allocated or paid by us and/or a member of our group as a result of or in connection with your violation.

(c) Third-party products and services on the Website

The Website may contain services and/or products (including add-ons and applications) offered by third parties We reject any responsibility or liability for or in connection with your use of Third Party products and services. Use of Third Party products and services is entirely at your risk.

(d) Linking

We agree that you link to the Website but you must do so in a way that is fair and legal and does not harm or abuse our reputation (for example, by using a link with the suggestion of any kind of association or approval by us). We reserve the right to revoke the authority for linking at any time and, if we ask you to remove a link to the Website, you must do so immediately.

Where the Website contains links to other websites and third-party sources, these links are provided for information only. We have no control over the content of those websites or sources and such links should not be interpreted as an endorsement by us of those linked websites. We are not liable for any loss or damage that may result from your use of these.

(e) Our liability with respect to the Website & no guarantees of correctness

  • We reserve the right to change, remove or replace these materials without prior notice. We accept no liability for any information on websites to which we refer via hyperlinks.

  • We may update or change the Website or its content at any time, but we are not required to do so. This may mean that the content on the Website may no longer be up to date at any time. The content on the Website is only intended as general information. It is not intended as advice you should rely on. We make no statements, guarantees or promises, explicitly or implicitly, that the Website, or any content on it, is correct, complete, up-to-date or free from errors or missing information. To the extent permitted by law, we exclude any conditions, guarantees, statements or other conditions that apply to the Website, or any content thereof, explicitly or implicitly.

  • We are not liable to you or any user for loss or damage, either in a contract, tort (including negligence), violation of legal duty, or otherwise, arising from or in connection with: (i) use of, or inability of use, the website; or (ii) use or rely on any content that appears on the Website.

  • Please note that our website is only for private use at home and that we are not liable for any loss of profit, loss of business, business interruption or loss of business opportunities.

  • We are not liable for loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other property as a result of your use of the Website or download content by you, or on a website associated with it. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be legally restricted.

f) Intellectual property, software and content

  • WD Diffusion nv is and remains the sole owner and beneficiary of all present and future intellectual property rights, which may apply to the trade marks, logos, drawings, graphic designs, products, models, concepts, know-how, original ideas related to the products, whether or not those rights are protected or filed. 

  • The customer undertakes not to copy, mimic, recreate, market, register identical or similar products, deposit them as a brand name, logo or model, nor to have the intellectual property right recognized in all those aspects or to sell the products he would have acquired in any way.

  • The rights to the Website and Content are protected by international copyright law and by all applicable national laws relating to rights for duplication, copyright and legislation relating to databases. All these rights are reserved.

  • It is not permitted to systematically extract and/or reuse parts of the Website or Content. In particular, you may not use data mining, robots or similar data collection and extracting tools to reuse (one-off or often) segments of substantial parts of the Website. You may not create and/or publish your own database of substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.

g) Amendments

If this disclaimer changes, you will find the most recent version of the www.myfirstcollection.be disclaimer on the online page.

9. Privacy policy

  • We only use your personal information in accordance with our Privacy policy. Take the time to read this carefully, as it contains important information about how we collect and use your data. By using the Website, you agree your data to be used as described in our privacy policy and you guarantee that all data you provide is correct.

  • The customer expressly accepts that the personal/private information he provides in the order form on the website or which he informs during contacts with WD Diffusion nv (telephone, e-mail, fax, etc.) will be used by the latter for the processing of his order and to strengthen the communication and give a personal character, in particular via newsletters or emails, which he expressly accepts to receive. WD Diffusion nv undertakes not to use that personal data for purposes other than those described in this paragraph.

  • Except where the customer expressly agreed, WD Diffusion nv undertakes never to share or disseminate the customer's personal data with third parties, with the exception of companies or persons who, either on behalf of WD Diffusion nv,  or self-employed provide some services, such as the processing of payments by bank card or the transport of the products; with the exception of the company or person who is required to take over the WD Diffusion NV trading fund in whole or in part and with the exception of the judicial authorities that would require access to that data.

  • The customer's data and other information are saved and preserved by WD Diffusion nv and can be accessed at any time and free of charge by simple requist at the address info@wd-diffusion.com. The customer has the right to require any modification, correction or deletion of his personal data in wd diffusion nv's database, as well as the immediate cessation of any receipt of emails and other messages due to WD Diffusion nv.

10. Ethical procurement policy

As a reputable and trusted company dedicated to offering its customers high-quality products, we recognize our obligation to ensure that all suppliers work ethically. We expect all suppliers to consistently provide an environment that protects the health and safety of their employees and basic human rights. All suppliers are expected to comply with their national labour laws and regulations in particular as regards: minimum age for work, free work, health and safety, freedom of association and the right to collective bargaining, no discrimination, no hard or inhumane treatment, working hours, wages and working conditions. Due to the sometimes complex nature of the suppliers' supply chain, it is not always possible to monitor and control the circumstances of each person involved in the production of the products.

  • The products are manufactured in accordance with the standards and regulations in force in Belgium and the European Union. However, WD Diffusion nv may modify or change the products in relation to the information listed on the website without notifying the customer, provided that it does not reduce the quality, colour and shape.

  • The information on the website reflects reality as best as possible. However, the colors, dimensions & volume listed on the website are approximate. The customer is aware that the colors and volume can vary from one computer screen to another and thus accepts that there may be differences between reality and what is displayed on the screen.

  • From receipt of the products, the customer must immediately check whether they correspond to his order, whether they are not damaged and  do not have any defect.

  • Each complaint should be addressed to WD Diffusion nv as soon as possible, within two calendar months of the determination of the conformity problem by sending an e-mail to the address info@wd-diffusion.com. In addition, the customer must send a copy of his proof of purchase, describe the identified problem in detail and, if possible, send one or more photos/video.

  • If the problem was or could not be fixed immediately upon receipt, the customer will receive a warranty of 24 months from the date of receipt of the products, and that for all hidden manufacturing or design errors for which WD Diffusion nv would be fully liable. The complaint shall be lodged within two calendar months of determination of the defect through the procedure described in the above paragraph.

  • Once that deadline has expired, the customer will no longer be entitled to the product warranty.

  • The liability of WD Diffusion nv is, if established, strictly limited to the exchange of the non-compliant product or its refund.

  • Exchanged products will continue to be guaranteed as long as the initial warranty period has not yet been expired, without exeeding the initial period.

  • The costs for returning non-compliant products are at the customer's expense and the cost of shipping replacement products is at the expense of WD Diffusion nv. In the case of unjustified return, WD Diffusion nv reserves the right to refuse any subsequent order.

  • Conformity and guarantee; We guarantee that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions applicable on the date of conclusion of the agreement and/or the distance agreement.

11. Other important information

  • Segregated - Each of the sections and paragraphs in these Terms and Conditions functions separately. If a court or relevant body decides that one of them is unlawful or unenforceable, the remaining sections and paragraphs shall remain in force without prejudice.

  • Safeguard - If you violate these Terms and Conditions and we do not take action, or if we do not take immediate action, it does not mean that we have waived our rights and that we are still able to use our rights and remedies. If we do refrain from an infringement by you, we will only do so in writing (signed by one of our Directors), and that does not mean that we will automatically refrain from a future violation by you.

  • Full agreement - These Terms and Conditions constitute the full agreement between you and us and they replace all previous agreements between you and us.

  • Force Majeure - We are not liable or responsible for failure to carry out, or fail to execute, any of our obligations to you in a timely manner if such omission or delay is caused by an event beyond our control. An event beyond our control means any act or event beyond our reasonable control, such as an act (acts) of God, wars, terrorist attacks, embargoes, riots, strikes, exclusions, trade disputes, fires, floods, earthquakes or other natural disasters, faulty, bad weather, interruption of transport, government measures or failure of public or private telecommunications or transport networks. If such an event occurs and this affects the fulfilment of our obligations to you, we will contact you as soon as possible to notify you and our obligations to you will be suspended for the duration of the event. If the event affects the delivery of products to you, we will contact you to arrange a new delivery date after the event has ended.

  • Complaints - We have a complaint handling procedure that we will use to resolve disputes when they arise. Please let us know if you have any complaints or comments, preferably via email to info@wd-diffusion.com . You can also complain to the European Commission via this link: https://ec.europa.eu/odr/

12. Repeal

You have the right to withdraw from the contract within 14 days without giving any reason. The notice period expires 14 days after the day on which you or a third party you designated, who is not the carrier, physically holds the good(s). In order to make use of the right of withdrawal, you must notify us of your decision to cancel the contract by means of an unambiguous statement (online return form, in writing by post, fax or e-mail) according to the revocation model form:

-       At WD Diffusion nv, Oude Beselarestraat 52, 8940 Wervik, info@wd-diffusion.com

-       I/We share/inform that I/we are revoking/revoking our agreement on the sale of the following goods

-       Ordered on / Received on

-       Name/Consumer(s) names

-       Consumer(s) address

-       Date

-       Signature of the consumer(s).

Consequences of the cancellation:

  • If you cancel the agreement, you will receive all payments you have made until that moment, including delivery costs (except any additional costs resulting from your choice of a delivery method other than the cheapest offered by our standard delivery) without delay and at least no later than 14 days after we have been informed of your decision to withdraw from the contract.

  • We will refund you with the same payment method as the original transaction, unless you have expressly agreed otherwise. In any case, such fees will not be charged to you. We will wait until we receive the goods. You must return the goods to us without delay, but at least no later than 14 days after the day on which you decide to cancel the agreement. You'll be on time to return the goods before the 14-day period has expired.

  • You are only liable for the depreciation of the goods as a result of the use of the goods, which goes beyond what is necessary to determine the nature, characteristics and operation of the goods.

13. Applicable Law and Jurisdiction

All matters relating to your order, use of the Websites or these Terms and Conditions are subject to Belgian law. The courts of Belgium have exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.

In the event of a dispute, the parties undertake to give preference to an amicable settlement in all circumstances. If such an amicable settlement is impossible within the month following the dispute, the parties will seek to settle it through the Consumer Ombudsman Service (http://www.consumentenombudsdienst.be/nl ).

In the event that no agreement could be reached during the mediation or in the event of all parties agreeing to refrain from mediation, any dispute, dispute or complaint arising from the order or relates to it will be settled by the courts of the Ypres district. However, the customer can take the case to the court of his place of residence if the law makes that law mandatory.

Service provider:

Name: WD DIFFUSION nv

Address: Oude Beselarestraat 52-8940 Wervik-Belgium

KBO number: 0422..820.723

VAT number (of the party responsible for paying VAT on the funds collected): BE0422.820.723

Customer Service Email Address: info@wd-diffusion.com

 
 
 

©2019 by WD DIFFUSION all pictures are copyright