General terms and conditions

Article 1: General Terms and Conditions of Sale

The present General Terms and Conditions (‛Conditions’) apply to all orders and sales transactions placed by a visitor to the e-commerce website www.diace.be (“Customer”) regarding the products offered on the website www.diace.be (“Product(s)”). The website www.diace.be is owned by Funkhaus BV and is managed by a professional activity with registered office at Antwerpsesteenweg 338A, 2390 Westmalle, company number 0700.472.137 (“Seller”), which acts as the seller of the products.. When placing an order through www.diace.be, the Customer automatically accepts these Conditions, thereby agreeing to the applicability of these Conditions to the exclusion of all other conditions. The Seller reserves the right to modify these Terms and Conditions of Sale. Such modifications shall only apply to orders placed after the date of modification of these Terms and Conditions. Additional conditions of the Customer are excluded, except when previously, in writing and expressly accepted by the seller.

Article 2: Price All prices listed are in euros, always including VAT.

Although the webshop www.diace.be has been set up with the greatest care, prices may contain errors. Any prices shown in error will be changed as soon as possible and are not binding on us. If delivery or administrative costs are charged, this will be shown separately when the order is placed. The delivery costs are listed under Article 7.
The statement of price refers only to the products as it is described verbatim. The accompanying photographs are intended to be decorative and may contain elements not included in the price.

Article 3: Offer

Although the online catalog and e-commerce website are compiled with the utmost care, it is still possible that the information offered is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer do not bind Diacé.be. Diacé.be is as to the accuracy and completeness of the information offered only to a means commitment. Diacé.be is in no case liable in case of manifest material errors, typesetting or printing errors.

The presentation of the colors of the products may vary according to the settings of the monitor, as well as by the graphic card of the website visitor. The presented colors may therefore differ from the real colors of the products.

When the Customer has specific questions about e.g. sizes, color, availability, delivery time or delivery method, we ask the Customer to contact us in advance.

The offer is always valid while supplies last and may be modified or withdrawn by Diacé.be at any time. Diacé.be cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.

Article 4: Placing an Order Online

In order to place an order on www.diace.be, the following conditions must be met:

• You inform us of your name, address, email address, payment information and other necessary information;
• You are at least 18 years old;
• In case of payment through a payment card, you must be the rightful owner of the payment card or an authorized holder of the payment card, in order to purchase products.

When creating a personal account, you must also create a personal user name (email address) and password. Protect your password at all times and do not pass it on. You will be held responsible for all purchases made through your email address and password.

The ordering process at www.diace.be goes as follows:

• You choose the products you want;
• You enter the payment information and choose a delivery address;
• Payment approval:
• We will send you a confirmation of receipt of the order via email as soon as the payment is processed;
• We receive the payment;
• We ship the products;
• You will receive the products.

Article 5: Payment

For processing online payments, we work with Mollie, a well-known provider known for its reliability and user-friendliness. We do not have access to our buyers’ confidential payment information. Payment is made only via an approved payment card. Payment card details must be provided when an order is placed. The delivery of the products ordered will not take place until the card issuer has approved the use of the card for payment of the products ordered.

Article 6: Order Processing

Eorders placed on www.diace.be are not binding on the seller. They only become binding once the seller has accepted the order. We have the right to refuse the order for any reason.

On receipt of your order, we will send an email confirming receipt of your order with the order number and details of the products ordered. This confirmation of receipt does not mean that your order has been accepted. The acceptance of your order and the completion of the sales contract will take place if and when the ordered products are shipped. After the shipment of the products, we reserve the right to cancel your order as long as you have not received the products.

We have the right to refuse your order if:

• A technical error or an error of price occurred on www.diace.be at the time of the order;
• If the product ordered is not available (in which case we will contact you via email or by phone);
• If the payment information provided is incorrect or unverifiable;
• If our security system indicates that the order is abnormal or potentially fraudulent;
• If we have reason to believe that the buyer is under 18 years of age.

In case of refusal or cancellation of an order due to any of the above reasons, we will refund the payment for the products and delivery.

Article 7: Delivery

Once we have received payment for the order and the order is accepted, we will proceed to ship the products. An effort is made to have the shipment take place within one to five business days of receiving the order. However, circumstances may decide otherwise so that we are prevented from shipping the products on time. Therefore, any delivery time specified by us should be considered as a non-binding estimate and not as an obligation to get the products to the customer at the estimated delivery time.

Delivery will be made by postal services. Delivery will take place after a maximum of one to five business days after the parcel is deposited at the post office. If after 10 business days the parcel has not been received by the customer, something probably went wrong. Contact our customer service at info@diace.be, we will help you further.

Within a reasonable period of time after delivery, the customer must verify that he received the products in good condition, and that the order is complete. Any visible damage and/or qualitative deficiency of an item or other shortcoming in the delivery must be reported to us by the Customer without delay. In the event that the Customer delays the delivery or receipt of the products unnecessarily after we have informed him that we have tried to deliver the products, or if the Customer provided an incorrect delivery address, causing the products to be returned to us, we will assume that the Customer is exercising his right of withdrawal, and we will refund the price for the products.

The risk due to loss or damage passes to the Customer as soon as he has taken physical possession of the products. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier was instructed by the Customer to transport the products and this choice was not offered by the seller.

Article 8: Retention of title

The products delivered remain the exclusive property of Diacé BV until the time of full payment by the Customer.

The Customer undertakes, if necessary, to point out the retention of title of Diacé BV to third parties, e.g.

Article 9: Right of Withdrawal and Returns

The provisions of this article only apply to Customers who purchase products online from Diacé.be in their capacity as consumers.

The Customer has the right to withdraw from the contract within a period of 14 calendar days without giving any reason. To exercise the right of withdrawal, the Customer must inform us of his decision to withdraw from the contract by an unequivocal statement by e-mail at info@diace.be within 14 calendar days. The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, other than the carrier, takes physical possession of the goods.

The Customer must return the products to Duwijckstraat 17, 2500 Lier, without delay, but in any event no later than 14 calendar days after the day on which he communicates his decision to withdraw from the contract to us. The Customer is on time if he returns the Products before the period of 14 calendar days has expired.

You also have the right to return Products purchased by you on the website www.diace.be if they are defective. To do so, you must submit a request to our Customer Service Department as soon as possible after delivery (max 7 days). If our Customer Service approves this request, it will provide you with the necessary instructions for the return by e-mail.

The direct cost of returning the Products will be borne by the Customer.

If the returned product is reduced in value in any way, the Seller reserves the right to hold the Customer liable and claim compensation for any reduction in the value of the products resulting from the Customer’s use of the products beyond what is necessary to establish the nature, characteristics and functioning of the products.

Only products that are unused, undamaged, unwashed and in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back. . Products with stains on them will not be accepted. Also products in sales cannot be returned.

If the Customer revokes the sales agreement, the Seller will refund all payments received from the Customer up to that point, excluding delivery costs, to the Customer within a maximum of 14 calendar days after we have received back all products in their original condition.

The Seller will refund the Customer by bank transfer unless the Customer has expressly agreed otherwise; in any event, the Customer will not be charged for such refund.

Article 10: Customer Service

Diacé BV’s customer service can be reached by email at info@diace.be. Any complaints can be directed to it. We will answer your email within 48 hours.

Article 11: Force Majeure

We will take all necessary actions to fulfill our obligations. However, we cannot be held responsible for any delay or non-performance of our obligations in the event of force majeure. In the event of a delay, we will try to perform our obligations as soon as possible.

Article 12: Privacy

The controller, Diacé BV, respects GDPR law of May 25, 2018 regarding the protection of private life in the processing of personal data.

The personal data communicated by you will only be used for the following purposes: the execution of the concluded agreement, the processing and sending of the order, the sending of newsletters to which the Customer subscribed, advertising and/or marketing purposes.

You have a legal right to access and possible correction of your personal data. Provided proof of identity (copy of identity card), you can obtain the written communication of your personal data free of charge via a written, dated and signed request to Diacé BV. If necessary, you can also ask to correct the data that are incorrect, incomplete or irrelevant.

You can oppose the use of your data for direct marketing free of charge. To do so, you can always contact Diacé at info@diace.be.

We treat your data as confidential information and will not pass it on, rent it or sell it to third parties.

The customer himself is responsible for keeping his login data confidential and the use of his password. Your password is stored encrypted, so Diacé.be has no access to your password.

Diacé.be keeps online (anonymous) visitor statistics to see which pages of the Internet site are visited and to what extent.

If you have any questions about this privacy statement, please contact us at info@diace.be.

Article 13: Use of cookies

During a visit to the site `cookies` may be placed on the hard drive of your computer. A cookie is a text file that is placed by a website`s server in your computer`s browser or on your mobile device when you consult a website. Cookies cannot be used to identify individuals, a cookie can only identify a machine.

‘First party cookies’ are technical cookies used by the visited site itself and whose purpose is to allow the site to function optimally. Eg: settings that the user has made on previous visits to the site, or still: a pre-filled form with data that the user has done during previous visits.

‘Third party cookies’ are cookies that do not come from the site itself, but rather from third parties, e.g. a marketing or advertising plug-in present. E.g. cookies from Facebook or Google Analytics. For such cookies, the site visitor must first give permission – this can be done via a bar at the bottom or top of the website, referring to this policy, which does not, however, prevent further browsing of the website.

You can set your Internet browser so that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently deleted from your hard drive. You can do this through your browser settings (via the help function). Please note that certain graphical elements may not appear correctly, or you may not be able to use certain applications.

By using our website, you agree to our use of cookies.

Article 14: Impairment of validity – non-derogation

If any provision of these Terms and Conditions is declared invalid, illegal or null and void, this shall in no way affect the validity, legality and applicability of the other provisions. The failure at any time by Diacé.be to enforce any of the rights enumerated in these Terms, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.

Article 15: Proof

The Customer accepts that electronic communications and backups may serve as evidence.

Article 16: Applicable Law – Disputes

Belgian law applies, with the exception of the provisions of private international law on applicable law.

The courts of the Consumer’s domicile have jurisdiction in judicial disputes. The Consumer can also turn to the ODR platform (http://ec.europa.eu/consumers/odr/).