Terms of service

GENERAL TERMS AND CONDITIONS

 

ID Nest, a private limited liability company under Belgian law, with its registered office in Belgium, registered with the Crossroads Bank for Enterprises under company number 1025.686.413 (hereinafter “Tout’ Douce,” “we,” “us,” or “our”), operates the online sales platform accessible via https://www.toutdouce.com (the “Platform”), on which a selection of consumer goods from external brands is offered to consumers, including, among other things, sleepwear and nightwear, loungewear, underwear, bedding, home and sleep accessories, and related consumer goods. Tout’ Douce can be reached via the contact details listed in Article 22.3.

ARTICLE 1. DEFINITIONS

In these general terms and conditions of sale (the “Terms”), the terms listed below, when capitalized, have the following meanings:

“Review”: a review, rating, photo, or other feedback posted by a Customer on the Platform regarding a Product, as referred to in Article 13.

“Order”: any order for one or more Products placed by a Customer via the Platform.

“Lack of Conformity”: a failure of a Product to conform to the Agreement as defined by mandatory consumer law, including where the Product does not correspond to the description, type, quantity, or quality stated on the Platform; is not suitable for the use for which Products of the same type are ordinarily intended; or is not delivered with the accessories and instructions that the Customer may reasonably expect.

“Right of Withdrawal”: the Customer’s statutory right to withdraw from an Order, without giving any reason, within the period specified in Article 9.

“Customer”: any person who places an Order via the Platform.

“Partner”: the external brand whose Products are offered via the Platform. In principle, the Partner delivers the Products directly to the Customer on behalf of Tout’ Douce, except in the cases referred to in Article 3.3.

“Agreement”: the sales agreement between Tout’ Douce and the Customer relating to an Order, formed in accordance with Article 5.

“Products”: the consumer goods offered through the Platform, including, among other things, sleepwear and nightwear, loungewear, underwear, bedding, home and sleep accessories, and, where applicable, electrical or electronic products.

“Shipper”: the party that ships a Product to the Customer and that physically receives the return shipment of that Product, being either the Partner or Tout’ Douce in accordance with Article 3.

“Website”: the website through which the Platform is accessible.

ARTICLE 2. SCOPE AND ACCEPTANCE

2.1 These Terms apply to any use of the Platform and to any Order placed by a Customer, regardless of which Partner offers the Products in question.

2.2 The Customer acknowledges that, prior to acceptance, he or she had a genuine and reasonable opportunity to take note of these Terms via the hyperlink on the Platform; the Customer accepts these Terms prior to placing an Order. This acceptance occurs through an active and explicit action by the Customer via the Platform and is repeated separately for each Order, even if the Customer has an account.

2.3 Any general terms and conditions of a Partner do not apply to an Order. Only these Terms govern the relationship between Tout’ Douce and the Customer.

2.4 Tout’ Douce may amend these Terms in accordance with Article 21. For an Order that has already been placed, the Terms in effect at the time the Order was placed shall continue to apply.

ARTICLE 3. ROLE OF TOUT’ DOUCE AND THE PARTNERS

3.1 When selling Products through the Platform, Tout’ Douce acts in its own name; Tout’ Douce is the Customer’s sole contractual counterparty, and no direct contractual relationship is established between the Customer and any Partner.

3.2 The Products are delivered to the Customer by the Shipper. The Products remain the property of the Partner, or of Tout’ Douce if Tout’ Douce itself is the Shipper, until ownership is transferred to the Customer in accordance with Article 8.1. Except in the cases referred to in Article 3.3, Tout’ Douce does not acquire any right of ownership in the Products at any time.

3.3 Tout’ Douce is itself the Shipper of a Product if (i) the Product is offered under Tout’ Douce’s own brand or private label, (ii) Tout’ Douce has purchased the Product in question from the Partner in advance and keeps it in its own inventory, or (iii) Tout’ Douce holds the Product in question on consignment from the Partner. In such cases, Tout’ Douce ships the Product itself, itself receives the return shipment thereof, and references in these Terms to the Partner as the Shipper shall be read as references to Tout’ Douce. In the case referred to in (i), Tout’ Douce is also the supplier of the Product in question.

3.4 Tout’ Douce will inform the Customer who the Shipper of a Product is, no later than upon confirmation of the Order.

ARTICLE 4. ACCOUNT AND AGE REQUIREMENT

4.1 The Customer places an Order as a guest and is not required to create an account. If Tout’ Douce offers the option to create an account, the Customer may also choose to place the Order through an account. The Customer is responsible for the accuracy and completeness of the information provided when creating the account and with each Order.

4.2 The Platform is intended for individuals 18 years of age or older. By placing an Order, the Customer confirms that he or she is at least 18 years old.

4.3 The Customer is responsible for keeping his or her account information, including his or her password, confidential and for any use of the Platform through his or her account. The Customer shall notify Tout’ Douce without delay of any suspected unauthorized use of his or her account. Tout’ Douce may temporarily or permanently suspend or delete an account in the event of a well-founded suspicion of fraud, misuse of the Platform, or a breach by the Customer of these Terms, without prejudice to the Customer’s rights regarding Orders already placed.

ARTICLE 5. FORMATION OF THE AGREEMENT

5.1 The Products presented on the Platform constitute an invitation to the Customer to make an offer and do not constitute a binding offer on the part of Tout’ Douce.

5.2 The Agreement is formed at the moment Tout’ Douce confirms the Order in writing, via email. Tout’ Douce reserves the right to refuse an Order, including in cases of suspected fraud, unavailability of the Product, an obvious error in the price or product information, or in the cases referred to in Article 5.5. If Tout’ Douce refuses an Order for which the Customer has already paid, Tout’ Douce will refund the full amount paid by the Customer within 14 days of the refusal.

5.3 An Order may include Products from different Partners. In that case, the Order may be delivered in several separate shipments, each of which is sent directly to the Customer by or on behalf of the relevant Shipper.

5.4 If, after the Agreement has been concluded, it turns out that a Product included in the Order is not, or is no longer, available, Tout’ Douce will notify the Customer of this as soon as possible. In that case, the Agreement is terminated by operation of law with respect to the Product in question, without affecting the Agreement regarding the other Products in the Order, and Tout’ Douce will refund the amount already paid for that Product within 14 days.

5.5 Tout’ Douce may refuse future Orders from a Customer or deny the Customer access to the Platform if the Customer manifestly misuses the Platform, including in cases of repeated fraud or attempts thereof, repeatedly failing to accept deliveries, or when the Customer systematically returns a disproportionately large portion of his or her Orders in a manner that is clearly inconsistent with good faith. Tout’ Douce will notify the Customer of this in advance and state the reasons for its decision. This provision is without prejudice to the Customer’s Right of Withdrawal with respect to Orders already placed, and is not applied on the basis of the Customer’s nationality, place of residence, or place of establishment.

ARTICLE 6. PRICES AND PAYMENT

6.1 All prices are listed in euros, including VAT and excluding any shipping costs (see Article 7), unless otherwise indicated.

6.2 Payments made through the Platform are processed via Shopify (Shopify Payments), which also hosts the Platform. By placing an Order, the Customer also accepts the applicable terms and conditions of this payment service provider.

6.3 Payment of the full price is required at the time of the Order. The invoice for the Order is issued to the Customer by Tout’ Douce, as the seller.

6.4 The shipping costs (Article 7.1), any import costs (Article 7.2), and the return cost (Article 9.6) are communicated to the Customer before the Order is placed. This information is also available on the Platform’s returns page:https://www.toutdouce.com/pages/return.

ARTICLE 7. DELIVERY AND SHIPPING COSTS

7.1 Shipping costs are EUR 10 per Order for Orders with a total amount of less than EUR 150. Shipping is free for Orders of EUR 150 or more.

7.2 If Products are shipped from outside the European Union, the Shipper, acting as the importer where applicable, shall handle customs clearance upon import in accordance with the arrangements in force between Tout’ Douce and the relevant Partner. Any import duties, customs fees, import VAT, and other related costs will in that case be charged to the Customer and, in accordance with Article 6.4, communicated to the Customer prior to placing the Order.

7.3 Stated delivery periods are indicative. For an Order containing Products from different Partners, the delivery and arrival times of the respective shipments may vary. Without prejudice to the foregoing, Tout’ Douce, or the relevant Shipper acting on behalf of Tout’ Douce, will ship the Products within a reasonable period of time and, in any event, no later than 30 days after the conclusion of the Agreement, unless the parties have agreed on a different delivery time.

If Tout’ Douce fails to deliver a Product within 30 days, the Customer shall request that Tout’ Douce make the delivery within an additional period appropriate to the circumstances. If Tout’ Douce fails to deliver within this additional period, the Customer has the right to terminate the Agreement for the Product in question free of charge, in which case Tout’ Douce shall refund to the Customer the amount paid without delay, and in any event within 14 days.

ARTICLE 8. TRANSFER OF OWNERSHIP AND RISK

8.1 Ownership of a Product transfers to the Customer upon full payment of the price of that Product. Ownership thereby transfers directly from the Partner to the Customer, or from Tout’ Douce to the Customer if Tout’ Douce is the Shipper.

8.2 The risk of loss or damage to the Product passes to the Customer as soon as the Customer, or a third party designated by the Customer who is not the carrier, has physically taken possession of the Product. By way of derogation from the foregoing, the risk passes to the Customer already upon delivery of the Product to the carrier if that carrier was appointed by the Customer and that choice was not offered as an option by Tout’ Douce.

8.3 The transfer of ownership (Article 8.1) and the transfer of risk (Article 8.2) occur at different times: the Customer becomes the owner of the Product upon full payment of the price, but bears the risk of loss or damage to it only from the moment of physical possession.

ARTICLE 9. RIGHT OF WITHDRAWAL

9.1 The Customer has the right to withdraw from the Agreement within 14 calendar days without giving any reason, in accordance with Book VI of the Belgian Code of Economic Law.

9.2 The withdrawal period expires 14 days after the day on which the Customer, or a third party designated by the Customer who is not the carrier, takes physical possession of the Product. If an Order is delivered in several shipments, the withdrawal period for the entire Order expires 14 days after the day on which the Customer physically takes possession of the last item or the last shipment of that Order. Tout’ Douce may state an indicative return period in its communication for each shipment, without prejudice to the statutory period set forth in this Article 9.2.

9.3 To exercise the Right of Withdrawal, the Customer must notify Tout’ Douce before the withdrawal period expires by means of an unambiguous statement, for example using the model withdrawal form (available at:https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/formulier-voor-herroeping.pdf) or through the return procedure described in Article 10.

9.4 The Right of Withdrawal does not apply to the exceptions listed in Article VI.53 of the Belgian Code of Economic Law.

9.5 If, for reasons of health protection or hygiene, Products are permanently unsuitable for return after the seal has been broken and cannot be made resalable (such as underwear, swimwear, and certain personal care products), the Right of Withdrawal lapses as soon as the seal has been broken after delivery.

9.6 Without prejudice to Article 10.2, the Customer shall bear the direct costs of returning the Product when exercising the Right of Withdrawal.

For Products shipped from the European Union, Tout’ Douce provides the Customer with a return label, and these costs are set at a flat rate of EUR 5.95 per Order. This amount is deducted from the amount to be refunded in accordance with Article 10.2 and is charged only once per Order, even if the return shipment includes Products from different Shippers. This flat fee corresponds to the actual cost of the return label provided by Tout’ Douce. If the Customer returns the Product on his or her own initiative via another carrier, the Customer bears the actual costs thereof, and the flat fee is not charged. In that case, the Customer also bears the risk of loss or damage to the Product during the return shipment. The Customer is advised to choose a carrier that offers traceable shipping and a proof of shipment. This is without prejudice to Article 10.2, second paragraph.

For Products shipped from outside the European Union, the Customer bears the actual direct costs of the return shipment, including the transport costs and any export, import, and customs fees associated with that return shipment. Tout’ Douce does not provide a return label for these Products: the Customer arranges the return shipment himself or herself, bears the costs thereof, and bears the risk of loss or damage during that return shipment. Prior to placing the Order, Tout’ Douce will provide a reasonable estimate of the maximum amount of these costs and will reiterate this information in the return instructions.

Any refund of import duties and import VAT paid by the Customer upon the original delivery will be processed in accordance with applicable customs legislation through the competent customs authorities; Tout’ Douce is not responsible for that refund.

Tout’ Douce informs the Customer of the return cost prior to placing the Order, including via the Platform’s returns page:https://www.toutdouce.com/pages/return.

ARTICLE 10. RETURN PROCEDURE

10.1 A return shipment proceeds as follows:

(i) the Customer submits the return request via the Platform to Tout’ Douce or by email to contact@toutdouce.com; Tout’ Douce remains the Customer’s point of contact for the entire return procedure;

(ii) the Customer returns the Product to the Shipper of that Product in accordance with the instructions provided by Tout’ Douce to the Customer;

(iii) the Shipper inspects the returned Product to determine whether there is any diminished value in accordance with Article 10.4, and notifies Tout’ Douce thereof; and (iv) the Customer is refunded in accordance with the arrangements and periods set forth in Article 10.2.

10.2 Tout’ Douce will refund the Customer all payments received from the Customer, including the original delivery costs and excluding any additional costs resulting from a more expensive delivery method expressly chosen by the Customer, less the return cost referred to in Article 9.6, second paragraph, and any diminished value in accordance with Article 10.4.

This refund will be made no later than 14 days after Tout’ Douce has been notified by the Customer of the withdrawal. Tout’ Douce may withhold the refund until it, or the Shipper, has received the Product back, or until the Customer has demonstrated that he or she has returned the Product, whichever occurs first.

If the Customer withdraws from only part of an Order, the original delivery costs will not be refunded.

10.3 Upon submission of a return request, the refund will, by default, be processed using the same means of payment the Customer used for the original transaction. However, when submitting a return request, the Customer may expressly and voluntarily choose to receive the refund in the form of a voucher equal to the amount to be refunded.

10.4 The Customer has the right to inspect and try on the Product to determine its nature, characteristics, and proper functioning, in the same manner as is permitted in a physical store. The Customer is liable for any diminished value resulting from handling the Product beyond what is necessary to determine its nature, characteristics, and proper functioning. Tout’ Douce will deduct this diminished value from the amount to be refunded in accordance with Article 10.2.

10.5 Handling that goes beyond what is necessary includes, among other things, where the Product has been washed, cleaned, ironed, repaired, or altered, where the original labels, price tags, or the hygiene seal have been removed or damaged (see Article 9.5), where the Product shows traces of odor, makeup, use, or damage, or where the original packaging is missing or damaged to such an extent that the Product can no longer be offered as new.

10.6 To avoid any diminished value, the Customer is requested to return the Product in the condition in which he or she received it: unwashed, unworn except for trying it on, with the original labels attached, and, for Products to which this applies, with an intact hygiene seal, and in the original packaging. Exercising the Right of Withdrawal is not contingent upon compliance with this request: Tout’ Douce will always accept the return, without prejudice to Article 9.5, but may, where applicable, deduct an amount in respect of any diminished value in accordance with Article 10.4.

10.7 Tout’ Douce assesses the diminished value on the basis of objective criteria, including the nature and extent of the observed signs of handling, the cost of reconditioning the Product, and the residual value at which the Product can still be sold. Tout’ Douce will notify the Customer of the diminished value it has determined and the reasons for it no later than at the time of the refund. The burden of proof regarding the existence and extent of the diminished value rests with Tout’ Douce. The Customer may contest that determination. If Tout’ Douce demonstrates that the Product can no longer be sold, not even as a second-hand Product, as a result of the Customer’s handling, the diminished value may, in exceptional cases, equal the full price of the Product.

ARTICLE 11. CONFORMITY, STATUTORY WARRANTY, AND PRODUCT SAFETY

11.1 Tout’ Douce is liable to the Customer for any Lack of Conformity that exists at the time of delivery of the Product and that becomes apparent within a period of two (2) years from such delivery, in accordance with mandatory consumer law.

11.2 The Customer is requested to report any Lack of Conformity, and in particular any visible damage to the Product or its packaging upon delivery, to Tout’ Douce’s customer service as soon as possible and preferably within seven (7) days of delivery, including photographs if possible. This report is purely optional: it does not in any way affect the Customer’s statutory warranty rights or the statutory reporting period of two (2) months. However, a prompt report accompanied by supporting documentation facilitates the determination of whether the Lack of Conformity already existed at the time of delivery.

11.3 In the event of a Lack of Conformity, the Customer initially has the right to choose between a repair or a replacement of the Product free of charge, unless the chosen remedy is objectively impossible or disproportionate for Tout’ Douce. If repair or replacement is not possible, the Customer is entitled to an appropriate price reduction or termination of the contract with a refund of the price.

11.4 A Lack of Conformity that becomes apparent within the statutory period following delivery is presumed to have existed at the time of delivery, unless Tout’ Douce proves otherwise or this presumption is incompatible with the nature of the Product or of the defect.

11.5 The Partner is, as the case may be, the manufacturer or importer of the Product and is responsible for the Product’s compliance with applicable product safety and product regulations, including the required markings, warnings, usage and safety instructions, and, where required, the identification of a responsible economic operator established in the European Union. Tout’ Douce makes the product information provided by the Partner available on the Platform.

11.6 The Customer may contact the Partner directly with any questions or complaints regarding the safety of a Product. Upon simple request, Tout’ Douce will provide the Customer with the identity and contact details of the Partner and, where applicable, of the manufacturer, the importer, or the responsible economic operator established in the European Union, and will forward any report from the Customer to the Partner without delay.

11.7 If a Product is subject to a recall or a safety warning, Tout’ Douce will notify the Customers concerned of this using the information at its disposal and will cooperate with the measures taken by the Partner or by the competent authorities. In such a case, the Customer is entitled to the remedies provided by law, such as repair, replacement, or a refund of the Product.

11.8 The Customer shall use the Product in accordance with its intended purpose and the instructions and warnings provided by the Partner. Articles 11.5 through 11.8 are without prejudice to the Customer’s rights under Articles 11.1 through 11.4 and Article 16.2.

ARTICLE 12. PROCESSING OF PERSONAL DATA

12.1 Tout’ Douce processes the Customer’s personal data in accordance with applicable data protection law, including the General Data Protection Regulation (GDPR). More information on this is available in Tout’ Douce’s separate Privacy Statement: https://www.toutdouce.com/policies/privacy-policy. This Privacy Statement is purely informative in nature and does not form part of these Terms.

ARTICLE 13. CUSTOMER REVIEWS

13.1 Tout’ Douce may allow Customers to post a review, rating, photo, or other feedback about a Product (a Review) on the Platform.

13.2 A Review must be accurate as regards the facts stated, reflect the Customer’s own authentic experience with the Product in question, and be relevant and concise. A Review may not contain unlawful, defamatory, obscene, or misleading content; may not state personal data of third parties; may not contain advertising or links to other websites; and may not contain material for which the Customer does not hold the necessary rights or that infringes the rights of a third party.

13.3 In principle, Tout’ Douce only permits Customers who have purchased the relevant Product through the Platform to submit a Review, and takes reasonable and proportionate steps to this end; however, this does not preclude the possibility that, despite these steps, a Review might exceptionally not originate from such a Customer.

13.4 By submitting a Review, the Customer confirms that he or she has personally written the Review and taken any photos included in it, and that it does not infringe the rights of a third party. The Customer hereby grants Tout’ Douce a royalty-free, non-exclusive license to use, reproduce, adapt the format of (for example, cropping a photo), and publish the Review on the Platform and in Tout’ Douce’s marketing channels, to the extent that such use is consistent with the purpose for which the Review was submitted. The Customer remains the holder of his or her copyright, including moral rights, in the Review; under Belgian law, these moral rights cannot be the subject of an advance waiver or transfer.

13.5 Tout’ Douce may refuse, remove, or shorten a Review if it does not comply with this Article 13, or if this is necessary to comply with a legal obligation.

ARTICLE 14. RANKING OF PRODUCTS ON THE PLATFORM

14.1 When the Customer searches or browses a product range on the Platform, the Products displayed are ranked by default based on the following main parameters: (i) the relevance of the Product to the search query or the filters selected by the Customer; (ii) the availability of the Product; (iii) the date on which the Product was added to the Platform; (iv) the price of the Product; (v) the quality of the Product as assessed by Tout’ Douce, and the Reviews of the Product; and (vi) the selection of Products that Tout’ Douce editorially highlights, including in the context of a theme, a season, or a promotion. Apart from the foregoing, Tout’ Douce does not apply any fixed standard ranking.

14.2 Sponsored placements, and any other placement for which a Partner pays Tout’ Douce direct or indirect compensation, are identified as such on the Platform.

14.3 The Customer may customize the default ranking using the sorting and filtering options available on the Platform (for example, by price or by newest Products).

ARTICLE 15. INTELLECTUAL PROPERTY

15.1 All intellectual property rights relating to the Platform and the content available on it are vested in Tout’ Douce or its licensors. Nothing in these Terms constitutes a transfer of such rights to the Customer. Content from the Partners displayed on the Platform is used by Tout’ Douce pursuant to the licenses granted to it in the commission agency agreement with the relevant Partner; the rights thereto remain vested in the relevant Partner in accordance with Article 15.2.

15.2 All intellectual property rights relating to the Partners’ trademarks, product names, logos, images, and other brand elements are vested in the relevant Partner or its licensors.

ARTICLE 16. LIABILITY

16.1 Tout’ Douce’s liability for material damage is limited to damage that is the direct and foreseeable consequence of a breach attributable to Tout’ Douce, excluding indirect damage.

16.2 Nothing in these Terms limits or excludes Tout’ Douce’s liability for: (i) death or bodily injury to the Customer resulting from an act or omission by Tout’ Douce; (ii) willful misconduct or gross negligence on the part of Tout’ Douce; (iii) the failure to perform an obligation that constitutes one of the principal performances under the contract, except in cases of force majeure; and (iv) the statutory warranty of conformity referred to in Article 11. Without prejudice to the foregoing, the Customer may contact the Partner directly regarding product safety matters in accordance with Article 11.6.

ARTICLE 17. FORCE MAJEURE

Tout’ Douce shall not be liable for any delay in or failure to perform its obligations resulting from force majeure, including but not limited to disruptions to the Platform, Shopify, or a Partner that are beyond Tout’ Douce’s reasonable control.

ARTICLE 18. COMPLAINT HANDLING

18.1 Complaints regarding the performance of the Agreement may be directed to Tout’ Douce using the contact details provided in Article 22.3.

18.2 If a complaint cannot be resolved through Tout’ Douce’s internal complaint procedure within a reasonable period of time, the Customer has the right to submit the dispute to the Consumer Mediation Service (Consumentenombudsdienst) of the Federal Public Service Economy (FPS Economy) (www.consumentenombudsdienst.be), which is authorized to receive any request for out-of-court settlement of consumer disputes. That service will, in turn, either handle the request itself or forward it to a qualified entity.

ARTICLE 19. GOVERNING LAW AND JURISDICTION

19.1 These Terms and any Agreement are governed by Belgian law. For a Customer residing in another EU Member State, this choice of law is without prejudice to the protection afforded to the Customer by mandatory provisions of the law of that country.

19.2 Any dispute that cannot be settled amicably falls within the exclusive jurisdiction of the courts of the Customer’s place of residence.

19.3 The application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) is expressly excluded.

ARTICLE 20. LANGUAGE VERSIONS

These Terms are made available on the Platform in Dutch, French, and English. In the event of any conflict between the language versions, the English version shall prevail.

ARTICLE 21. AMENDMENT OF THE TERMS

21.1 Tout’ Douce may amend these Terms at any time. The amended Terms will be published on the Platform and must be expressly accepted by the Customer with each new Order in accordance with Article 2.2. Since the Customer accepts these Terms separately with each Order, prior individual notification of changes to the Customer is not required.

21.2 For Orders already placed, the Terms in effect at the time of the Order shall continue to apply.

21.3 If, in the future, Tout’ Douce offers accounts under which the Customer accepts these Terms once and not with each Order, changes that may adversely affect the Customer’s rights or obligations will be communicated individually to the Customer via email or another durable medium at least 30 days before they take effect. In that case, the Customer may terminate his or her account free of charge and with immediate effect before the date on which the amended Terms take effect.

ARTICLE 22. FINAL PROVISIONS

22.1 If any provision of these Terms is found to be void or unenforceable, the remaining provisions shall remain in full force and effect. The parties shall replace the void provision with a valid provision that most closely approximates the parties’ intended purpose.

22.2 The fact that Tout’ Douce fails to require compliance with a provision of these Terms at any given time shall not be construed as a waiver of the right to enforce such compliance at a later date.

22.3 For questions or complaints, the Customer may contact Tout’ Douce at contact@toutdouce.com.