Terms and Conditions
Article 1 - Definitions
In these conditions:
Entrepreneur: the natural or legal person who offers products and / or services to consumers;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into an agreement with the entrepreneur;
Cooling-of period: the period within which the consumer can make use of his right of withdrawal;
Right of withdrawal: the possibility for the consumer to withdraw from the contract within the cooling-of period;
Day: calendar day;
Transaction duration: an agreement relating to a series of products and / or services, the supply and / or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
Article 2 - Identity of the entrepreneur
Location and visiting address:
Kromstaartlaan 15, 5237 RB 's-Hertogenbosch
+31 73 648 00 03
Monday to Friday from 8:30 to 17:00
Chamber of Commerce number: 172 777 78
VAT identification number: NL822053275B01
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to any agreement between the entrepreneur and the consumer.
Before the agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the agreement is concluded that the general terms and conditions can be inspected by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
If the agreement is concluded electronically, in derogation of the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can do so in a simple manner and it can be stored on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge electronically or otherwise.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is most favorable to him. is.
Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
• the price including taxes;
• the possible costs of delivery;
• the manner in which the agreement will be concluded and which actions are necessary for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery or execution of the agreement;
• the period for accepting the offer, or the period for adhering to the price;
• the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
• if the agreement is archived after the conclusion, how it can be consulted for the consumer;
• the manner in which the consumer can get informed of the actions he does not wish to take before concluding the contract, as well as the way in which he can rectify these before the contract is concluded;
• the languages in which, in addition to Dutch, the contract can be concluded;
• the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the event of an agreement that extends to the continuous or periodic delivery of products or services.
Article 5 - The contract
The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
With the product or service the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the visiting address of the branch of the entrepreneur where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about existing service after purchase and guarantees;
the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the entrepreneur has committed himself to supplying a series of products or services, the provision in the previous paragraph applies only to the first delivery.
Article 6a - Right of withdrawal upon delivery of products
When purchasing products, the consumer has the option to terminate the contract without giving any reason for at least fourteen days. This period starts on the day after receipt of the product by or on behalf of the consumer.
During this period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 6b - Right of withdrawal upon delivery of services
When providing services, the consumer has the option to terminate the contract without giving any reason for at least fourteen days, starting on the day of entering into the agreement.
In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest on delivery.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 30 days after the return or cancellation.
Article 8 - Exclusion of right of withdrawal
If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
which have been created by the entrepreneur in accordance with the specifications of the consumer (including customization and engraving);
that are clearly personal in nature;
that can spoil or age quickly;
the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence.
Exclusion of the right of withdrawal is only possible for services:
the delivery of which commenced with the express consent of the consumer before the reflection period has expired.
Article 9 - The price
During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement by the day on which the price increase takes effect.
The prices mentioned in the range of products or services include VAT.
Article 10 - Conformity and guarantee
The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations.
An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can enforce against the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur by virtue of the law and / or or the distance contract.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
The risk of damage and / or loss of products rests until the moment of delivery to the consumer at the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration transactions
The consumer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
A contract that has been entered into for a definite period has a maximum term of two years.
If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as a contract for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid in advance of the shipment or upon collection in our Cutlery-Holders studio. When COD is ordered, payment is made via the transport company upon delivery of the goods.
When selling products to consumers, a prepayment of more than 50% can never be stipulated in the general terms and conditions. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
Article 14 - Complaints procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 15 - Disputes
On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law is applicable.
Article 16 - Additional or deviating provisions
Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
• Who is responsible for the processing of my personal data?
• What are personal data?
• Who do we process personal data from and how do we get this data?
• What data do we process from you, what do we use it for and how long are these stored?
• With whom are your data shared?
• How do we deal with your data?
• Where do we store your data?
• How are your data secured?
• How do we deal with data from children?
• What rights can you exercise with regard to your data?
Who is responsible for the processing of my personal data?
What are personal data?
Personal data are all data that can be traced back to you as an individual. Just think of your name, phone number, address or email address. But data such as your IP address or customer number are also personal data. And other data that are unique to you, such as your order history or browsing habits.
Who do we process personal data from and how do we get this data?
We process the personal data of anyone who has (had) direct or indirect contact with Excellent Living, such as (business) clients.
We get the data directly from you when you visit our website, create an account and fill in certain information or when you contact our customer service.
In some cases, we receive your information from others. When someone sends a gift directly to you, we receive your name and address details. We may also receive data from other parties, but only if you have given these parties permission to provide certain information to us.
What data do we process from you, what do we use and for how long are these stored?
Data for processing your order
If you order something, we need certain information from you in order to deliver your order and to keep you informed about your order. These data are also required for any returns or repairs.
For this we collect your name, email address, delivery address (es), payment details and your telephone number.
The information is required to execute the agreement that you have concluded with us. Under the law, we must keep the data related to your order for 7 years.
Data in your account
We store the following information in your personal account: your name, (delivery address, place of residence) address (es), telephone number, email address, date of birth (if you have specified it), payment details and gift vouchers.
In your account we also store your order history including selected delivery options, including the digital items and subscriptions you have taken out.
In addition, we store in your account the interests you have specified, namely your wish list and your email and personalization preferences.
It is our client promise to make our customers' lives easier and more fun. That is why we keep the data in your account as long as you are an active customer with us. If you have not logged in with us for 7 years, we will delete all your data. In addition, you can make a request at any time to have your data deleted in your account.
Information about your contact with customer service
You can contact customer service 24/7. You can call or email us.
We can help you faster next time by saving your data. We keep the annotations about the customer contact as long as you are an active customer with us.
Data for an optimal shopping experience
There are more than 1000 items in our store. We would therefore like to help you to find what you are looking for between all these articles.
First of all, we ensure that our website works well so that you can optimally shop. For that purpose we collect your IP address, information about your internet browser, any language settings and information about the settings of the operating system of the computer or the mobile device with which you visit us.
Personalization based on your account information and search, surf and purchase history
If we know who you are (you will see your name on the top of the homepage), we can make the store even more personal for you. Just like in your favorite physical store. The shop assistant knows you and can make good recommendations based on your previous purchases and interests.
Just like that shop assistant, we also make recommendations. We look at what you have previously looked for or bought from us, what is on your wish list and what interests you showed by looking at certain items in our store. We do this based on your surfing, search and purchase behavior. We collect this information based on cookie techniques, your IP address and the unique number that is linked to the mobile device you use to surf.
What we do not do is use this information to show you different prices when you visit other customers. It is possible that if you visit us again we have adjusted the price of some products and that prices between the Netherlands and Belgium differ.
We have an interest in applying this personalization, namely to make your life easier and to make our store better. You find what you are looking for faster and are not disturbed with articles and categories that are not relevant to you.
Data for marketing
We regularly have offers, special promotions and news that we want to share with you. We would like to share it via email. If you have an account with us and have placed one or more orders, we will email you suggestions, information about our items and services based on your purchases
Data to prevent fraud
Nobody is waiting for security incidents and fraud, neither do we. That is why we use personal data (including IP addresses and search, surfing and buying behavior) to investigate, prevent and prevent unauthorized access and fraud.
With whom are your data shared?
Distribution and logistics partners
In order to be able to complete your order, we work together with various logistics partners such as PostNL and DHL. Our logistic partners will receive your name and delivery address from us. They need this information to deliver your package to your chosen address.
Other external service providers
We also engage other external service providers to help with different things. Sometimes they also need personal data. We only share the data that are necessary for the assignment that the external service provider performs for us. We do not sell your data to these service providers or other third parties. And with all external service providers, we conclude agreements in which we agree on what they can do with the data.
The type of work that our external service providers carry out for us are:
• supporting the delivery of our digital services such as the hosting, maintenance and support of our websites and applications;
• supporting our customer service;
• supporting our advertising and marketing campaigns;
• supporting in doing customer research and obtaining ratings and reviews;
• providing financial services, such as payment services, debt collection agencies and credit information agencies.
Sometimes we have to pass on personal data to the government. This may occur first of all if certain government institutions need this information for the performance of their duties, such as the tax authorities. The police or judicial authorities may also need certain information in the event of fraud or abuse. Finally, certain supervisors can have access to personal data in the context of an investigation.
Only at your request: with other companies
If you wish, we also pass on your personal data to other companies, for example if one of our commercial partners has an offer for customers. We will only do this with your explicit consent.
How are your data secured?
Excellent Living takes a lot of measures to protect your personal data. Both on an organizational and technical level. Do we give your details to someone else? Then we demand that the other person handles your data just as carefully as we do. If you feel that this is not happening, please let us know via our customer service.
What rights can you exercise with regard to your data?
Right to information
Right of inspection
You have the right to request access to us at any time in the data that we have available about you. We process requests within 30 days at the latest.
Right to correction
You have the right to have your personal data corrected if they are incorrect or outdated and / or to have them supplemented if they are incomplete. You can do this 24/7 in your account.
Right to object
You have the right to object to the processing of your data if you do not agree with the way we process your personal data.
Right to data portability
You have the right to receive data that you have given to us in the framework of the agreement (s) you have concluded with us in a machine-readable format, so that you can keep this data in a database of yourself or of a other party. This concerns your name, address and residence details and order history. We offer you the possibility to request this data in a machine-readable format.
Right to restriction
You have the right to request a restriction of the processing of your data. This means that we may keep your data but do not use it. This right arises in a number of cases. If you believe this is the case, you can contact us through customer service.
Right to be forgotten / request to delete account
You have the right to request that we remove all information that we have from you. When you submit a request to delete your account, we will delete data that is traceable to you except for the data that we must or may store on the basis of the law.
Right to file a complaint
You have the right to file a complaint about how we handle your data. If you have a complaint, we prefer to solve it yourself. To do so, contact our customer service. Finally, you have the right to turn to the Authority for Personal Data with your complaint.
If you have any questions about how Excellent Living handles personal data, please feel free to contact our customer service. We are happy to help you.