Terms of service
Article 1. General Information & Definitions
1.1 Company Information
These Terms & Conditions apply to TRUE STORY BV, a private limited liability company incorporated under Belgian law and trading under the commercial name The Kidding, with its registered office at Frans Birontlaan 75, 2600 Antwerp, Belgium, registered with the Belgian Crossroads Bank for Enterprises under company number 1037.080.448 (hereinafter referred to as "The Kidding", "we", "us", or "our").
Email: hello@thekidding.com
1.2 Definitions
For the purposes of these Terms & Conditions, the following definitions apply:
- Terms & Conditions: these Terms & Conditions.
- Consumer: any natural person acting for purposes outside their trade, business, craft or profession who purchases Products from The Kidding and thereby accepts these Terms & Conditions.
- Parties: The Kidding and the Consumer together.
- Products: all products offered for sale through the Website.
- In Writing: communication by email or, where legally required, by registered mail.
- Website: www.thekidding.com.
Article 2. Acceptance of these Terms & Conditions
2.1
These Terms & Conditions apply to every agreement concluded between The Kidding and the Consumer.
Any deviation from these Terms & Conditions shall only be valid if agreed explicitly, in advance, and in writing by both Parties.
2.2
These Terms & Conditions are available at all times on the Website. Consumers may download and save or print a copy for future reference.
2.3
The Kidding reserves the right to amend these Terms & Conditions at any time without prior notice.
Any amendments will be published on the Website and will apply to future orders only. The version applicable to an order is the version in force on the date the order is placed. Consumers are therefore advised to review these Terms & Conditions regularly.
Article 3. Products & Orders
3.1
The Kidding offers Products for sale through the Website.
Each Product listing contains, where applicable, as accurate and complete a description as possible, including:
- size;
- colour;
- material composition;
- care instructions;
- price.
Product photographs and images are intended to represent the Products as accurately as possible. Minor variations in colour may occur depending on your screen or device settings.
The Consumer selects the desired Products, enters the requested information, reviews the order and completes payment.
Before placing the order, the Consumer has the opportunity to correct any errors in the information provided.
By placing an order, the Consumer acknowledges that the order entails an obligation to pay.
Once payment has been received, the Consumer will receive an order confirmation by email.
3.2
Where an offer is valid only for a limited period or subject to specific conditions, this will be clearly stated on the relevant product page.
3.3
Product availability shown on the Website is indicative only.
Should a Product become unavailable after an order has been placed, the Consumer will be informed as soon as reasonably possible and any amount already paid for that Product will be refunded in full.
Article 4. Order Cancellation
4.1
The Consumer may request cancellation of an order provided that the order has not yet entered the shipping process.
4.2
The Kidding will make every reasonable effort to accommodate cancellation requests but cannot guarantee cancellation once order processing has commenced.
4.3
If cancellation is no longer possible because the order has already been processed or dispatched, the Consumer may still exercise the statutory right of withdrawal in accordance with Article 8 of these Terms & Conditions.
4.4
The Kidding reserves the right to refuse or cancel an order in the event of:
- obvious errors in product information or pricing;
- suspected fraud or abuse;
- incorrect or incomplete information provided by the Consumer;
- unavailability of the ordered Product.
Where this occurs, the Consumer will be informed as soon as possible and any payments already received will be refunded in full.
Article 5. Prices & Payment
5.1
All prices displayed on the Website are stated in euros (€) and include VAT.
Any applicable delivery charges will be clearly displayed before the order is completed.
5.2
Before placing an order, the Consumer will be informed of the total amount payable, including taxes and any additional charges.
5.3
The available payment methods are displayed during checkout and may include:
- Bancontact;
- Credit Card;
- PayPal;
- Klarna;
- KBC or Belfius Fast Pay.
An order is considered accepted only after full payment has been received by The Kidding.
5.4
Any discounts, promotions or price reductions are displayed in accordance with applicable legislation.
5.5
The Kidding reserves the right to remove or introduce payment methods at its discretion.
Article 6. Gift Cards
6.1
Gift cards issued by The Kidding may only be redeemed for purchases made through the Website, unless expressly stated otherwise.
Gift cards are valid for one (1) year from the date of issue, unless a different validity period is specified.
6.2
Gift cards cannot be exchanged for cash, either in whole or in part.
6.3
If the total value of an order exceeds the balance of the gift card, the remaining amount must be paid using one of the available payment methods.
If the total order value is lower than the gift card balance, the remaining balance will remain available until the gift card expires.
6.4
The Kidding is not liable for lost, stolen or unauthorised use of gift cards.
Article 7. Delivery
7.1
Products will be delivered to the delivery address provided by the Consumer.
Delivery will take place within the timeframe communicated on the Website or in the order confirmation.
7.2
If no delivery period has been agreed, The Kidding will deliver the Products within thirty (30) days of concluding the Agreement.
7.3
If The Kidding fails to deliver within the agreed delivery period, or within thirty (30) days where no specific delivery period has been agreed, the Consumer shall first grant The Kidding an additional period appropriate to the circumstances to complete the delivery.
If delivery is still not made within that additional period, the Consumer shall be entitled to terminate the Agreement in accordance with applicable Belgian consumer legislation.
7.4
Any delivery charges will always be clearly communicated before the Consumer completes the order.
7.5
The risk of loss of or damage to the Products passes to the Consumer once the Products have been physically delivered to the Consumer or to a third party designated by the Consumer, other than the carrier.
7.6
The Kidding cannot be held responsible for delivery delays resulting solely from incorrect or incomplete delivery information provided by the Consumer.
Article 7bis. Pre-orders
7bis.1
Certain Products may be offered on a pre-order basis.
Where applicable, this will be clearly indicated on the relevant product page together with the estimated shipping period.
Payment is taken at the time the order is placed.
7bis.2
The estimated shipping period stated on the product page and in the order confirmation constitutes the agreed delivery period referred to in Article 7.1.
The default thirty (30) day delivery period referred to in Article 7.2 does not apply to pre-orders.
7bis.3
Should the estimated shipping period be exceeded by more than thirty (30) calendar days, the Consumer will be informed accordingly and will have the right to cancel the pre-order free of charge.
Any amounts already paid will be refunded in full.
7bis.4
The statutory right of withdrawal described in Article 8 applies equally to pre-orders.
The withdrawal period begins on the day the Consumer (or a person designated by the Consumer) physically receives the Product.
Article 8. Right of Withdrawal
8.1
The Consumer has the statutory right to withdraw from a distance purchase agreement within fourteen (14) calendar days, without giving any reason.
The withdrawal period expires fourteen (14) calendar days after the day on which the Consumer, or a third party designated by the Consumer (other than the carrier), takes physical possession of the Product.
8.2
To exercise the right of withdrawal, the Consumer must notify The Kidding of the decision to withdraw from the Agreement by means of a clear and unequivocal statement (for example by email or post).
The Consumer may use the model withdrawal form included with these Terms & Conditions, although its use is not mandatory.
The Consumer may also exercise the right of withdrawal through the dedicated return function available on the Website.
After submitting a withdrawal request through the Website, the Consumer will receive an acknowledgement of receipt without undue delay on a durable medium.
8.3
The Consumer must return the Products to The Kidding, or hand them over to The Kidding, without undue delay and in any event no later than fourteen (14) calendar days after notifying The Kidding of the decision to withdraw.
8.4
The return deadline is met if the Products are dispatched before the fourteen-day period has expired.
8.5
The direct cost of returning the Products is borne by the Consumer.
The Kidding offers a return label for €5, which will be deducted from the refund amount. Use of this return label is entirely optional; Consumers are free to arrange and pay for their own return shipment.
Where the return results from a defective Product or an error on the part of The Kidding, all return costs will be borne by The Kidding.
8.6
The Consumer is only liable for any diminished value of the Products resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.
Trying on clothing in the same manner as would be permitted in a physical retail store does not in itself constitute handling giving rise to diminished value.
8.7
The Kidding will reimburse all payments received from the Consumer, including the standard delivery costs of the original order, without undue delay and no later than fourteen (14) calendar days after being informed of the Consumer's decision to withdraw.
The Kidding may withhold reimbursement until the returned Products have been received or until the Consumer has supplied evidence of having returned them, whichever occurs first.
If the Consumer expressly chose a delivery method other than the least expensive standard delivery offered by The Kidding, the additional delivery costs will not be reimbursed.
8.8
Refunds will be made using the same payment method used for the original transaction unless the Consumer expressly agrees otherwise and provided that no additional costs arise for the Consumer.
8.9
The burden of proving that the right of withdrawal has been exercised correctly and within the applicable time limits rests with the Consumer.
8.10
In accordance with Article VI.53(5) of the Belgian Code of Economic Law, the right of withdrawal does not apply to sealed Products that are unsuitable for return for reasons of health protection or hygiene once the seal has been broken after delivery.
This exception may apply, for example, to certain items of children's underwear or other hygiene-sensitive Products supplied in sealed packaging.
Where this exception applies, it will be clearly indicated on the relevant product page before the order is completed.
Article 9. Return Conditions
9.1
Where reasonably possible, returned Products should be sent back in their original condition and packaging, together with any accessories and documentation supplied.
9.2
The Consumer may inspect and handle the Products only to the extent necessary to establish their nature, characteristics and functioning, as would be permitted in a physical retail store.
9.3
The Consumer is responsible for any reduction in value resulting from handling that goes beyond what is necessary for such inspection.
9.4
Products that are returned damaged, incomplete, or showing signs of use beyond what is reasonably necessary may result in a proportionate deduction from the refund in accordance with applicable law.
9.5
As set out in Article 8.10, sealed Products that are unsuitable for return for reasons of health protection or hygiene cannot be returned once the seal has been broken after delivery.