• Definitions

• General Terms and Conditions: means the current general terms and conditions.

• Qiddo: means Qiddo, a limited company under Belgian law with its registered office at 8560 Wevelgem, Driemasten 109 and registered in the KBO under the number 0803.935.703.

• The Customer: means any natural person and/or legal entity who enters into an agreement with Qiddo as set out in Article 1.7 of these General Terms and Conditions.

• Party: means Qiddo and/or the Customer, or both together.

• Consumer: means any Customer who qualifies as a consumer in accordance with the definition in Article I.1.2° of the WAE.

• Producer: means any natural and/or legal person who, in accordance with the definition in Article 3 of the Product Liability Act, qualifies as a producer. 

• Agreement: means any agreement concluded between Qiddo and the Customer regarding the rental, sale or try-and-buy formula of the Goods, as well as any other agreement between the Parties.

• Goods: means all baby and children's equipment that is rented, sold or otherwise made available to the Customer by Qiddo.

• Month: a fixed period of thirty consecutive calendar days, where references to multiple months are calculated accordingly (3 months equal 90 days, 6 months equal 180 days, 9 months equal 270 days, 12 months equal 360 days, and 24 months equal 720 days).

•  Try-and-buy: means any formula whereby the Customer takes possession of a Good during an agreed rental period with the possibility of subsequently purchasing it. Until full payment of the purchase price, the Good remains the property of Qiddo, regardless of whether the Good is already in the possession of the Customer.

• APPLICATION AREA

• The current General Terms and Conditions apply to all Agreements concluded between Qiddo and the Customer, unless otherwise agreed in writing. 

• Any other general terms and conditions applicable concurrently with these General Terms and Conditions are expressly excluded. Indeed, current General Terms and Conditions prevail.

• The invalidity, nullity or unenforceability of one or more provisions of these General Terms and Conditions shall not affect its other provisions. 

• The Customer expressly acknowledges that they have been informed of the current General Terms and Conditions before being bound by any Agreement with Qiddo.

• OFFER AND CONCLUSION OF THE AGREEMENT 

• All advertising statements, product specifications, pricing and other information displayed on the website, in catalogs or through any other means of communication are not binding on Qiddo and may be changed at any time without prior notice. 

• All offers are prepared by Qiddo based on the Goods available at that time and are in any case non-binding. Qiddo in no way commits itself to the aforementioned offers.

• All offers from Qiddo must be seen as invitations to the potential Customer to formulate an offer. They bind neither the Customer nor Qiddo unless explicitly and in writing otherwise agreed in the offer. Any written confirmation of the offer by the potential Customer shall be deemed to constitute an offer to enter into a contract. The price indications included in the offer are binding only (and the agreement between the Parties will only come into effect) after written acceptance of the offer by Qiddo.

• Offers are valid for a period of 7 days, unless otherwise agreed in writing. If the potential Customer does not proceed with written confirmation of the offer (the formulation of an offer), they will have to request a new offer from Qiddo.

• (RENT) PRICES 

• Pursuant to the provision set out in Article 3 of the current General Terms and Conditions, the Customer expressly acknowledges that before any Agreement with Qiddo was concluded, they were always clearly and explicitly informed about the (rental) price of the Goods.

• The rental prices offered by Qiddo (both in the quotation, on the website, or via any other means of communication) are always subject to the chosen rental period, as described in Article 10. 

• Any additional costs that Qiddo is required to bear as a result of the execution of the Agreement with the Customer may be passed on to the Customer. Before proceeding with the creation of the aforementioned costs, Qiddo will always notify the Customer in writing thereof. Any additional costs may include, but are not limited to, the following costs:

- (Transport) costs associated with delivery or pickup services;

- Costs associated with late return of the Goods;

- All other costs arising from the execution of the Agreement.

• All prices included in the quotation, on the website and via any other means of communication are always inclusive of VAT.

• Optional damage coverage

• The Customer may, when concluding the Agreement, opt for a damage coverage offered by Qiddo.

• If the Customer has agreed to the damage coverage, their liability for accidental damage to the rented Goods is limited to a maximum amount of [-] EUR per damage case.

• The damage coverage only applies if the Customer has used the Goods in accordance with the usage instructions, manuals and instructions provided by Qiddo.

• The damage cover does not apply to theft, loss, disappearance, intentional damage, gross negligence, careless use, use in violation of the instructions for use, or damage caused by a third party to whom the Goods were entrusted by the Customer in violation of these General Terms and Conditions.

• Damage, loss, or theft of the Goods during a stay abroad remains entirely the responsibility of the Customer, regardless of the coverage of the damage.

•  If the optional damage coverage is not applicable, the Customer remains liable to pay for the full damage, including the repair costs, replacement costs and all additional costs incurred by Qiddo as a result.

• The damage coverage can only be claimed once per rental during the term of the Agreement.

• DELIVERY AND RETURN 

• The rented Goods are collected by the Customer at the agreed branch at the beginning of the Agreement (at least 7 working days after the conclusion of the Agreement), or delivered by Qiddo or the postal service appointed by it to the address provided by the Customer. The method of delivery will be agreed upon in advance between the parties.

• At the end of the Agreement, the Customer shall return the Goods in the manner agreed at the beginning of the Agreement. If the Goods were collected by the Customer in a branch, the Customer shall return the Goods in the original packaging to the agreed branch where the Goods were collected at the latest on the last day of the rental period itself. If the Customer chose home delivery via a postal service at the start of the rental, the Customer must hand over the Goods in the original packaging, suitable for transport and with the required labels on all packages, at a suitable post office no later than on the last day of the rental period itself. The Customer shall retain proof of delivery. Qiddo does not collect Goods from the Customer’s home.

• If the Parties agree that a postal service appointed by Qiddo is responsible for the delivery and/or return of the Goods, the Customer shall bear the (transport) costs, including the costs for the shipping label and the shipment. These costs will be communicated to the Customer in advance and in writing. 

• The risk with regard to the Goods shall pass to the Customer upon collection by the Customer or upon delivery by a postal service appointed by Qiddo and shall remain entirely at the expense of the Customer until the moment in which Qiddo has actually, fully and in good condition, received the Goods.

• If the Goods are to be delivered by Qiddo to a higher floor than the street level, the Customer shall provide access for delivery. The Customer expressly consents to Qiddo using the building’s internal lift during delivery, if present.

• Qiddo reserves the right to refuse the delivery of the Goods if there is a demonstrable suspicion that the Customer has provided incorrect or false information, or if the Customer has not returned previously rented Goods in a timely manner.

• RIGHT OF REVOCATION

• The Customer-Consumer has a legal right to cancel the Agreement. The Customer-Consumer must inform Qiddo of his decision to cancel the Agreement and receive a refund. The Customer-Consumer does not have to state any reason for the cancellation. The Customer-Consumer has a period of 14 days to cancel the Agreement. The starting point of the period to exercise the right of withdrawal is the moment the Customer-Consumer receives the first delivery of the Goods.

• If the Customer-Consumer decides to cancel the Agreement, the Customer-Consumer must inform Qiddo thereof by means of a clear written statement or by filling in the model form that can be found as an attachment to these General Terms and Conditions. The Customer-Consumer must return the Goods to Qiddo without undue delay and in any case no later than 14 calendar days after sending the notification to Qiddo. The Goods must be returned to Qiddo in full (including packaging, cables, chargers and manuals) and in original condition, in the same way as the Customer-Consumer received the Goods. The costs of this are borne by the Customer-Consumer.

• During the first 14 days after receipt, the Customer-Consumer must carefully handle the Goods and the packaging. The Customer-Consumer may only unpack and evaluate the Goods to determine their nature, characteristics, and functioning, as would be reasonably possible in a physical store. Any use beyond such evaluation, including actual use of the Goods, is at the risk of the Customer-Consumer and may result in a reduction in value in accordance with Article 7.4.

• In the event of a cancellation, Qiddo will refund the amounts already paid by the Customer-Consumer for the Goods using the same payment method as that with which the Customer-Consumer agreed, within 14 days after receipt of the Goods. Qiddo may reduce the refund to account for any depreciation in the value of the Goods, if this was caused by the fact that the Customer-Consumer handled them in a manner that would not be permitted in a store.

• QUALITY OF GOODS AND RESPONSIBILITY 

• The Customer shall always thoroughly inspect the Goods upon collection or delivery. Any defects in the Goods or other comments from the Customer must be immediately (and no later than 24 hours after collection or delivery) submitted to Qiddo, failing which the Customer shall be deemed to have accepted the proper delivery of the goods. The commissioning of the goods shall also be considered an acceptance.

• To the extent permitted by law, Qiddo is not liable for any bodily injury, personal injury, material damage or other damage that has arisen due to a defect in or the use of the Goods, whether on behalf of the Customer or a third party, unless there has been intent or gross negligence on the part of Qiddo. In the event of damage, the Customer and/or the third party shall address themselves to the manufacturer of the Goods. However, Qiddo undertakes to assist the Customer to the fullest extent possible in its claim against the manufacturer, including, among other things, by providing the (contact) details of the manufacturer, etc.

• Qiddo inspects the Goods at the end of each rental period in order to detect any defects and/or damage.

• Due to the use of the Goods by children, the Customer acknowledges the need for proper supervision during their use by themselves or by another adult. Qiddo cannot be held liable for any damage and/or accidents that have occurred due to a lack of supervision when using the Goods. 

• The Customer is always responsible for all costs and/or fines arising from the (incorrect) use of the rented Goods by him, or by third parties.

• The misuse of the materials by negligence, lack of skill, and/or any other reason, is always the responsibility of the Customer. All possible costs arising from the damage caused by this will always be borne by the Customer.

• PAYMENT

• The total payable (rent) price, which is calculated by multiplying the monthly rental prices by the total number of Months for which the Agreement was concluded, must be paid via the payment methods listed on the webshop and no later than the start of the rental period. Qiddo reserves the right to suspend the execution of the Agreement until the rental price has been paid. 

• If the Customer is not a Consumer, in the event of total or partial non-payment, without prior notice, a default interest equal to 1.25% per month shall be payable, as well as a lump sum of 10%, with a minimum of 125.00 EUR, on the amount due, without prejudice to Qiddo’s right to claim a higher damages if it is proven that the actual damage suffered is higher.

• If the Customer is a Consumer, only Articles XIX.1 to XIX.15 of the WAE apply in the event of default.

• Qiddo has the right, subject to compliance with legal requirements, to transfer the outstanding amount for collection to a collection agency, lawyer or other competent collection party.

• Qiddo is not obliged to allow deferral of payments, payment facilities or payment plans outside the legally required procedures.

• RENT PERIOD

•  The Agreement shall always be concluded for a certain duration of 30 days (1 Month), 90 days (3 Months), 180 days (6 Months), 270 days (9 Months), 360 days (12 Months) or 720 days (24 Months). The aforementioned duration shall always be agreed upon in writing and unequivocally between the Parties. 

•  The minimum contractual period of the Agreement is 30 consecutive calendar days (1 month). The starting date and end date of the Agreement are always agreed in writing between the parties in the quotation.

•  The Agreement shall commence automatically on the first day of the agreed rental period. Any late cancellation or non-acceptance will not affect this and will be at the Client’s own risk.

•  The Agreement will end automatically on the last day of the agreed rental period, without the Customer having to give notice of termination. Early termination is not possible. The Customer may return the goods before the end of the rental period, but early return does not entitle the Customer to a refund, price reduction, credit or any other financial compensation.

•  The Agreement cannot be tacitly extended. An extension must always be agreed in writing between the Parties.

•  The Customer undertakes to return the rented Goods to the same branch where the Goods were collected, or to hand them over at a suitable post office if the Customer chose home delivery via a postal service at the start of the rental period. Qiddo does not collect Goods from the Customer’s home. Article 6.2 of the General Terms and Conditions applies.

•  In the event the Customer fails to return the rented goods in a timely manner in accordance with Article 6.2 and 10.6 of these General Terms and Conditions, the Customer is automatically in default. The timely return of the goods in the same condition as when they were made available to the Customer constitutes an essential performance obligation on the part of the Customer. If the Customer fails to comply with this return obligation, the Customer breaches his contractual and legal obligations and is liable to pay a compensation equal to 1 Month’s rent per month of delay, without prejudice to Qiddo’s right to fully recover its actual damages from the Customer. If the delay exceeds 2 months, the Customer is additionally liable to pay the full value of the rented goods. In such a case, Qiddo also reserves the right to collect the rented goods itself from the Customer. Qiddo also reserves the right to transfer the file, without further prior notice or notice of default, to its lawyers with a view to recovering the Goods and/or compensating for the damage thereby suffered. All costs arising from the aforementioned failure shall always be borne by the Customer.

•  The Customer may, with the exception of when the try-and-buy formula applies, never become the owner of the rented Goods. If the Customer intentionally acquires ownership of the rented Goods, he/she commits fraud. 

• TRY-AND-BUY

•  Under a try-and-buy formula, the Goods remain the exclusive property of Qiddo for the entire agreed rental period.

•  When the Customer decides, within the framework of a try-and-buy formula, to purchase the Goods, the sale will only be concluded after the express written confirmation of Qiddo and the full payment of the agreed purchase price. From that moment onwards, the rental provisions shall no longer apply to the relevant Goods, except for obligations that have already arisen before the purchase.

•  When the Customer decides, within the framework of a try-and-buy formula, to purchase the Goods, the Goods remain the exclusive property of Qiddo until the full payment of the principal amount, interest, costs and any damages. Until that moment, the Customer may not alienate the Goods, pledge them or in any way encumber them for the benefit of third parties.

•  The already paid rental fees will only be deducted from the purchase price if this has been explicitly agreed in writing. For the determination of the purchase price, Qiddo will always base itself on the purchase price of the relevant product used by Qiddo, without taking into account temporary promotions, discounts, discount codes, sale prices or discounts published by third parties, other stores, platforms or websites.

•  If the Customer does not proceed with a purchase, the trial-and-buy formula will automatically terminate at the end of the agreed rental period and the obligation to return the rented Goods in accordance with Article 6.2 and 10.6 of these General Terms and Conditions will remain in effect and in the same condition to Qiddo.

• Obligations of the Customer

•  The Customer is obliged to cooperate with Qiddo and to make all relevant data available in a timely manner that are necessary (or may be necessary) for the execution of the Agreement. The Customer is responsible for the accuracy, reliability, and completeness of the provided data.

•  The Customer undertakes to use the rented Goods as a good parent and to return them to Qiddo at the end of the Agreement in the same condition in which they were received. 

•  The Customer undertakes to use and/or handle the rented Goods in accordance with the (provided) usage and/or operating instructions/conditions.

•  The Customer is responsible for the rented Goods during the entire rental period and will permanently monitor their proper functioning and condition. In the event of any damage or theft, whether intentional or not, the Customer shall immediately notify Qiddo. 

•  It is not permitted for the Customer to lend the rented Goods (in use) to third parties, nor to rent them out themselves.

•  The Customer is responsible for following up on and complying with the agreed end date of the rental period. Personal circumstances of the Customer, including illness, hospitalization, absence, vacation, or practical impediment, do not automatically suspend the obligation to return the Goods in a timely manner. The Customer remains obligated to take the necessary measures for the return of the Goods in accordance with Article 6.2 and 10.6 of these General Terms and Conditions, unless the Customer proves that there is force majeure within the meaning of Article 15 of these General Terms and Conditions. The Customer may never invoke any failure to give a reminder, notification, or warning by Qiddo as a reason for late return or to dispute costs, fees, or damages due to late return.

• CANCELLATION

•  The Customer has the right to cancel the Agreement free of charge within 48 hours, starting from the moment the Agreement is concluded.  

•  The Customer also has the right to cancel the Agreement before its commencement within the 48-hour period specified in Article 13.1, provided that they pay a compensation equal to 20% of the total rental price of the Goods. 

•  Cancellations outside office hours are only valid at the beginning of the first following working day, taking into account weekends and public holidays. 

•  In the event the Agreement is cancelled by the Customer in accordance with the provisions of Articles 13.1 and 13.2 of the current General Terms and Conditions, Qiddo will refund the paid amount, if applicable reduced by 20%, to the customer’s account number with which the payment was initially made.

•  The provisions of this article do not affect the legal right of withdrawal of the Customer-Consumer as set out in Article 7.

• DAMAGE AND DEFECTS

•  Any damage, loss, disappearance, theft, or destruction of the Goods, whether intentional or not, shall be entirely borne by the Customer. In the event of damage to (including the absence of) necessary components, the repair or new purchase shall be at the expense of the Customer.

•  If the rented Goods are destroyed or damaged for any reason, the rental price for the Goods remains the responsibility of the Customer, as well as the repair and/or the new purchase thereof. 

•  The Customer agrees to inform Qiddo immediately, and no later than within 24 hours from discovery, of any damage, loss, disappearance, theft or destruction of the Goods during the rental period. 

• Force majeure

•  In case of force majeure, the Parties are entitled to consider the agreement or the not yet performed part of the agreement as dissolved or to suspend it for a definite or indefinite period of time.

•  In case of force majeure, the Customer cannot claim compensation from Qiddo.

•  Force majeure includes all events, independent of the will of the parties, which render the further performance of the commitments under this agreement temporarily or permanently impossible, unforeseeable and unavoidable by them.

•  An event of force majeure includes, but is not limited to any of the following events: natural disasters, epidemics, armed conflicts and terrorism, social unrest (strike, demonstration, lockout,...), delays in or failure to deliver by suppliers, prolonged illness of employees, government decisions or interventions and errors or delays attributable to third parties.

• Complaints 

•  Complaints from one of the Parties to the other Party shall be made in writing. Both Parties undertake to find a solution to the aforementioned complaints to the extent possible.

• ONE-SIDED STATEMENT

•  The Agreement may be terminated by either Party in case of a serious breach or gross negligence of the other Party within the framework of its contractual obligations, which would not have been remedied within a period of 7 days after the receipt of a written notice of default, in which the defaulting Party is requested by the other Party to correct or terminate such breach. 

•  Serious default or gross negligence includes a default that is so serious that the Party making it knows or ought to know that it will cause damage to the other Party or that constitutes a disregard of contractual obligations to which the other Party may attach great importance.

•  Qiddo has the right to unilaterally terminate its Agreement with the Customer without judicial intervention and without prior notice, at the expense of the Customer, without being liable for any damages, in the event of (a serious and real threat of) insolvency.

• APPLICABLE LAW AND AUTHORITY

•  Belgian law applies. 

•  For disputes with Customer-Consumers, only the rules of jurisdiction of mandatory law apply. For disputes with Customers who do not qualify as Consumers, only the courts of the judicial district of Leuven are competent.

The Customer declares to have fully taken note of the General Terms and Conditions and to have fully accepted them. The Customer expressly declares to be bound by the General Terms and Conditions. 

APPENDIX 1 – MODEL FORM FOR RECALL 

BOOK VI Code of Economic Law

MODEL FORM FOR RECALL

(Fill out this form and return it only if you want to cancel the agreement.)

- To [Enter the company, its name and address, and, if applicable, fax and e-mail address here]] :

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

- I/We* hereby inform you that I/We* are withdrawing our agreement regarding the sale of the following goods/delivery of the following service*:

______________________________________________________________________________________________________________________________________________________________________________________

- Ordered on/Received on*: __________________________________________________________________

- Name(s) of consumer(s): ________________________________________________________________

- Address of consumer(s): _______________________________________________________________________

___________________________________________________________________________________________

- Signature of consumer(s) (only when this form is submitted on paper), with date indicated

* Delete what doesn't fit