Legal notice

General Terms and Conditions Overview
These Terms and Conditions apply to all offers, orders, and agreements between the seller (DiaperChamp) and the buyer. Below this overview, we detail the specific terms and conditions that apply to our sales agreements.

By placing an order, the buyer agrees to these Terms and Conditions.
All offers from DiaperChamp are non-binding, unless stated otherwise.
An agreement is concluded when DiaperChamp confirms the buyer's order.
All prices are in euros and inclusive of VAT, unless stated otherwise.
Payment must be made in advance via the payment methods specified on the website.
DiaperChamp will deliver the products to the address provided by the buyer.
Delivery times are indicative and non-binding, unless otherwise agreed.
The buyer has the right to cancel the agreement within 14 days after receipt of the goods, except for reasons as described in Article 9. of the General Terms and Conditions.
Return costs are the responsibility of the buyer, unless agreed otherwise.
Ownership of the products only passes to the buyer once full payment has been made.
The risk of loss or damage to the products transfers to the buyer upon delivery.
DiaperChamp offers a 1-year warranty on all products, unless stated otherwise.
DiaperChamp is not liable for damage caused by incorrect use of the products.
All intellectual property rights related to the products remain the property of DiaperChamp or its licensors.
The buyer may only use the products for the agreed purposes.
DiaperChamp collects and processes personal data in accordance with its privacy policy.
In cases of force majeure, such as natural disasters, strikes, or other extraordinary circumstances, DiaperChamp reserves the right to suspend or terminate the agreement.
Dutch law applies to all agreements.
Disputes will be submitted to the competent court in the district where DiaperChamp is located.
Complaints can be submitted in writing to DiaperChamp, which will respond within a reasonable time.
DiaperChamp reserves the right to amend these Terms and Conditions at any time.

General Terms and Conditions

Article 1 - Definitions
In these terms and conditions, the following definitions apply:

Agreement: an agreement whereby the consumer acquires products, and/or services in connection with a distance agreement, and these items, and/or services are provided by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
Consumer: a natural person who is not acting for purposes related to their trade, business, craft, or profession;
Day: calendar day;
Long-term agreement: an agreement aimed at the regular delivery of goods, services, and/or digital content over a certain period;
Durable medium: any medium, including email, that enables the consumer or entrepreneur to store information addressed to them personally in such a way that future consultation or use is possible for a period aligned with the purpose for which the information is intended, and allows unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s ability to cancel a distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance agreement: an agreement concluded between the entrepreneur and the consumer within a system organized for distance selling of products, and/or services, where communication up until the agreement is concluded is exclusively or partly conducted by one or more remote communication techniques;
Remote communication technique: a method that can be used to conclude an agreement without the consumer and entrepreneur being present in the same room at the same time.

Article 2 - Identity of the entrepreneur
Garland Company BV, Hoofdstraat 45B-105, 7213 CR Gorssel, Netherlands
Tel. +31(0)20-5305040 - Available by phone: 09:00 – 17:30
Email: services@garland.nl
Chamber of Commerce number: 33286557

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and every concluded distance agreement between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate how the consumer can view the terms and conditions before concluding the agreement, and that they will be sent to the consumer free of charge upon request.
If the distance agreement is concluded electronically, in deviation from the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the entrepreneur will indicate where the terms and conditions can be accessed electronically and that they will be sent free of charge upon request.
If, in addition to these general terms and conditions, specific product or service terms are applicable, the second and third paragraphs apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in case of conflicting terms.

Article 4 - The offer

If an offer has a limited validity or is subject to conditions, this will be clearly stated in the offer.
The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description must be sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Every offer includes information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

The agreement is concluded, subject to the provisions in paragraph 4, when the consumer accepts the offer and meets the conditions set forth.
If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
Within legal limits, the entrepreneur may investigate whether the consumer can meet their payment obligations and any other factors that are relevant for responsibly entering into a distance agreement. If the entrepreneur has reasonable grounds to not enter into the agreement based on this investigation, they have the right to refuse the order or request or attach special conditions to the execution.
The entrepreneur will, at the latest upon delivery of the product, service, or digital content to the consumer, send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
a. The business address of the entrepreneur where the consumer can address complaints;
b. The conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. Information on warranties and existing after-sales service;
d. The price including all taxes for the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance agreement;
e. The requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite;
f. If the consumer has a right of withdrawal, the model withdrawal form.
In case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal
For products:

The consumer may dissolve an agreement regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but cannot oblige them to provide one.
The cooling-off period mentioned in paragraph 1 starts the day after the consumer, or a third party designated by the consumer, who is not the carrier, has received the product, or:
a. If the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may, provided they have clearly informed the consumer beforehand, refuse an order with multiple products with different delivery times.
b. If the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or part;
c. In agreements for the regular delivery of products over a specific period: the day on which the consumer, or a third party designated by them, has received the first product.

Article 7 – Delivery

The entrepreneur shall deliver the products as soon as possible, but in any case within 30 days after the conclusion of the agreement, unless otherwise agreed.
If delivery is delayed or if an order cannot be executed or can only be executed partially, the consumer will be informed thereof within 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without cost.
The risk of damage to and loss of the products transfers to the consumer at the moment the products are delivered into the possession of the consumer or a third party designated by the consumer.

Article 8 – Right of Withdrawal

The consumer has the right to withdraw from the agreement within 14 days without giving any reason.
The withdrawal period expires 14 days after the day on which the consumer or a third party designated by the consumer takes possession of the last product.
To exercise the right of withdrawal, the consumer must inform the entrepreneur of the decision to withdraw from the agreement by means of an unequivocal statement (e.g., by post, fax, or e-mail). The consumer may use the model withdrawal form for this purpose, but is not obliged to do so.
If the consumer withdraws from the agreement, the entrepreneur shall refund all payments received, including the costs of delivery (except for the supplementary costs resulting from the choice of a delivery method other than the cheapest standard delivery), without undue delay and in any event within 14 days from the day on which the consumer has informed the entrepreneur of the decision to withdraw. The entrepreneur may withhold the refund until the products have been returned or the consumer has provided evidence of having returned the products, whichever occurs first.
The consumer must return the products without undue delay and in any event within 14 days from the day on which the consumer notifies the entrepreneur of the withdrawal. The consumer is responsible for the direct costs of returning the products.

Article 9 – Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to products:
a) that are made to the consumer's specifications or are clearly personalized;
b) that are not suitable for return due to health or hygiene reasons. c) that require assembly (e.g., products that require mounting, installation, or configuration). The entrepreneur is not obligated to accept the return of these products unless they are defective or do not conform to the specifications.The consumer acknowledges that once assembled, these products may no longer be in a condition to be resold, and thus may not be subject to the usual right of withdrawal, except in cases of clear defects or non-conformity.
The consumer cannot exercise the right of withdrawal for services that have been fully performed with the consumer's prior express consent, provided that the performance has begun before the withdrawal period has expired.

Article 10 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer exercises the right of withdrawal after using a promotional discount, the entrepreneur may reduce the refund of the discount or a portion of the discount.

Article 11 – Warranty and Conformity

The entrepreneur guarantees that the products conform to the agreement, the specifications mentioned in the offer, reasonable requirements of quality and/or usability, and the legal provisions in force at the time of the conclusion of the agreement.
The consumer has the right to a free repair or replacement if the product does not meet the expectations as described above, provided the product has been used in a proper manner and within the warranty period of the agreement.

Article 12 – Intellectual Property

All intellectual property rights related to the products, services, and content provided by the entrepreneur remain the property of the entrepreneur or the entrepreneur’s licensors at all times.
The consumer is granted a non-exclusive, non-transferable license to use the products for the duration of the agreement. All other rights, including copyright, trademark rights, and other intellectual property rights, remain with the entrepreneur.

Article 13 – Complaints Procedure

Complaints about the performance of the agreement must be submitted in writing or electronically to the entrepreneur within a reasonable time after the discovery of the complaint, but in any case within 1 month.
The entrepreneur shall respond to the complaint within 5 working days of receiving it. If a complaint requires a foreseeable longer processing time, the consumer will receive an acknowledgment within 14 days, including an indication of when a more detailed response can be expected.
If the complaint is not resolved to the consumer’s satisfaction, the consumer may submit the complaint to a dispute resolution body or through the European Commission’s Online Dispute Resolution (ODR) platform.

Article 14 – Privacy and Data Processing

The entrepreneur processes the personal data of the consumer in accordance with applicable privacy laws and the entrepreneur’s privacy policy.
The entrepreneur will not disclose the consumer’s personal data to third parties unless this is necessary for the performance of the agreement or required by law.

Article 15 – Payment

The consumer is obliged to make payment of the amount due, including any shipping costs, within the specified period as indicated in the agreement or invoice.
If the consumer has not made payment after the expiration of the payment term, the consumer is automatically in default, without the need for further notice.
The entrepreneur has the right to charge interest and collection costs starting from the moment of default.

Specific Terms for Distributors or Professional Customers

Sales Conditions for Distributors
Distributors must adhere to the agreed sales conditions set by DiaperChamp.

Distributors are prohibited from offering the products under conditions other than those agreed upon.

Obligations of the Distributor
Distributors are required to present and sell DiaperChamp products in the correct manner.

Distributors must submit periodic sales reports.

Product Availability and Orders
Distributor orders are accepted subject to product availability.

DiaperChamp reserves the right to refuse orders in the event of stock shortages.