TERMS AND CONDITIONS
Woodpack NV – Living Essentials
Hundelgemsebaan 53
9630 Zwalm
BTW BE0447 984 305
info[at]livingessentials.be
Tel. +32(0)55 60 48 63
IMPORTANT: These terms and conditions have been automatically translated for your information, the original Dutch text is the only text that is legally valid in a dispute.
ARTICLE 1 - GENERAL PROVISIONS
The e-commerce website of Woodpack NV with registered office at Hundelgemsebaan 53, 9630 Zwalm, VAT BE0447 984 305, (hereinafter referred to as 'Living Essentials') offers its customers the opportunity to purchase products from its online store online. These General Terms and Conditions ("Terms") apply to any order placed by a visitor to this e-commerce website ("customer"). When placing an order via the Living Essentials online store, the customer must accept these Terms and Conditions, thereby agreeing to the applicability of these Terms and Conditions, to the exclusion of all other terms and conditions. Additional terms and conditions of the customer are emphasized, unless explicitly accepted in writing and in advance by Living Essentials.
ARTICLE 2 – PRICES
All prices stated are expressed in EURO, always including VAT and all other duties or taxes required to be paid by the customer. If delivery, reservation or administrative costs are charged, this will be stated separately. The price statement applies exclusively to the items as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price. If VAT changes before the delivery or collection date, the total price will be adjusted to the same extent.
ARTICLE 3 – OFFER
Despite the fact that the online catalog and the e-commerce website have been compiled with the utmost care, it is still possible that the information provided is incomplete, contains material errors or is not up to date. Obvious mistakes or errors in the offer do not bind Living Essentials. Living Essentials is only obliged to make an obligation of means with regard to the accuracy and completeness of the information provided. Living Essentials is under no circumstances liable in the event of manifest material errors, typesetting or printing errors.
If the customer has specific questions about, for example, sizes, color, availability, delivery time or delivery method, we request the customer to contact our customer service in advance.
The offer is valid while supplies last and can be adjusted or withdrawn at any time by Living Essentials. Living Essentials 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 expressly stated in the offer. Living Essentials is entitled - without giving reasons - to refuse orders, to adjust delivery times, to split deliveries, or to attach other conditions to the delivery.
ARTICLE 4 – ONLINE PURCHASES
To purchase a product, add the product to your shopping cart. Afterwards, enter your contact details and billing details. You then choose your delivery method: delivery or collection in our physical store. In the last step you will receive an overview page, you accept our general terms and conditions and confirm your payment by pressing the order button with the caption “CHECKOUT” or words to the same effect. Once you have completed these steps, your purchase is final. We will send you a confirmation of your order by email.
The purchase is completed when the customer receives a confirmation email from Living Essentials. The items will be collected or delivered to the customer's home against payment in the manner indicated in a confirmation email.
The customer can choose between the following payment methods:
- Via Bancontact, Maestro
- Via Mastercard, Visa
- Via iDeal
- Via Belfius, ING or KBC
- By transfer
- Cash in our physical store upon collection
Living Essentials is entitled to refuse an order due to a serious shortcoming on the part of the customer with regard to orders in which the customer is involved.
ARTICLE 5 – DELIVERY AND EXECUTION OF THE AGREEMENT
Items ordered via this online store can be delivered in Belgium or collected in our physical store. For other deliveries, please contact our customer service.
Collection is free in our physical store at Hundelgemsebaan 53 - 9630 Zwalm.
Delivery is made by our own transport service or an externally appointed transporter. Standard curbside delivery in Belgium up to the first threshold is free from €25. Delivery in the Netherlands, France, Germany or to other countries is always subject to a suitable quotation. Goods are always delivered in the original, unopened packaging, unless stated otherwise in the item. Goods on a pallet are delivered under the principle of curbside delivery.
Small items will be sent by post at the applicable postal rate. Unless otherwise agreed or expressly stated otherwise, the goods in stock will be delivered to the customer's place of residence within 30 days of receipt of the order. If the goods are not in stock, the delivery time of our supplier applies. Any visible damage and/or qualitative shortcomings of an item or other shortcomings in delivery must be reported by the customer immediately to Living Essentials within 10 days of receipt.
The risk for loss or damage passes to the customer once he (or a third party designated by him, who is not the carrier) has acquired physical possession of the goods. However, the risk is already transferred to the customer upon delivery to the carrier, if the carrier has been instructed by the customer to transport the goods and this choice was not offered by the webshop.
ARTICLE 6 - RESERVATION OF TITLE
The delivered items remain the exclusive property of Living Essentials until full payment has been made by the customer. If necessary, the customer undertakes to inform third parties of Living Essentials' retention of title, for example to anyone who would seize items that have not yet been fully paid for.
ARTICLE 7 – RIGHT OF WITHDRAWAL
The provisions of this article only apply to customers who purchase items online from Living Essentials in their capacity as consumers. The customer has the right to withdraw from the agreement within a period of 14 calendar days without giving reasons. The withdrawal period expires 14 calendar days after the day on which the customer or a third party designated by the customer, who is not the carrier, acquires physical possession of the good. To exercise the right of withdrawal, the customer must inform Living Essentials of his decision to withdraw from the contract by an unequivocal statement (e.g. in writing by post or e-mail).
To comply with the withdrawal period, the customer must send his communication regarding his exercise of the right of withdrawal before the withdrawal period has expired. The customer must return or hand over the goods to Living Essentials or an authorized carrier without delay, but in any case no later than 14 calendar days after the day on which he communicated his decision to withdraw from the agreement to Living Essentials. The customer is on time if he returns the goods before the period of 14 calendar days has expired. The direct costs of returning the goods will be borne by the customer.
If the returned product has been reduced in value in any way, Living Essentials reserves the right to hold the customer liable and claim damages for any reduction in value of the goods resulting from the use of the goods by the customer that goes beyond what is necessary to determine the nature, characteristics and functioning of the goods. Only items that are in the original and unopened packaging, together with all accessories, instructions for use and invoice or proof of purchase, can be returned.
If the customer revokes the agreement before delivery or collection has taken place, Living Essentials will refund all payments received from the customer up to that point, including standard delivery costs, to the customer within a maximum of 14 calendar days after Living Essentials has been informed of the decision of the customer to withdraw from the agreement. For sales contracts that have already been delivered, Living Essentials can wait with the refund until it has received all the goods back, or until the customer has demonstrated that he has returned the goods, whichever comes first.
Any additional costs resulting from the customer's choice of a different method of delivery than the cheapest standard delivery offered by Living Essentials will not be refunded. Living Essentials will reimburse the customer using the same payment method with which the customer performed the original transaction, unless the customer has expressly agreed otherwise; in any case, the customer will not be charged any costs for such reimbursement.
The customer cannot exercise the right of withdrawal for:
the delivery or provision of goods or services whose price is subject to fluctuations in the financial market over which Living Essentials has no influence and which may occur within the withdrawal period;
the delivery of goods manufactured according to customer specifications, or that are clearly intended for a specific person; (e.g. customization)
the delivery of goods that spoil quickly or have a limited shelf life;
the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
the delivery of goods that, by their nature, are irrevocably mixed with other products after delivery;
agreements where the customer has specifically requested Living Essentials to visit him to carry out urgent repairs or maintenance;
agreements concluded during a public auction;
the provision of accommodation other than for residential purposes, freight transport, car rental services, catering and services related to leisure activities, if the agreements provide for a specific date or period of performance;
ARTICLE 8 – WARRANTY
Since our furniture is largely handmade, we cannot guarantee any differences in finish and dimensions. Color shades, shape and structure may also differ slightly, meaning that items ordered later may differ from the previously delivered furniture. We cannot be blamed for this. We cannot guarantee the appearance of hairline cracks and/or color differences caused by changes in temperature, humidity and light. Are not considered as defects in conformity, visible or hidden defects: slight differences in the color, discoloration of the wood, textiles, fibers and leather, the functioning of the wood or slight differences in the dimensions of the good, insofar as these cannot be prevented from a technical point of view, or are generally accepted according to customs in the furniture sector, or are inherent to the materials used. We do not provide a guarantee for chairs for catering use. In case of abnormal use, we cannot be held responsible nor accept the complaint. Natural graying of teak wood outdoors is very normal, no complaints will be accepted regarding this normal graying or during the process. Customers who place an order with us automatically agree to the above terms and conditions of sale. All products are subject to the standard warranty that the manufacturer allows us for normal use, which is 1 year from the date of purchase. This unless stated otherwise in writing at the start of your purchase. Living Essentials reserves the right to adjust the general terms and conditions of sale at any time without written notice to the consumer.
ARTICLE 9 – CUSTOMER SERVICE & COMPLAINTS
Living Essentials customer service can be reached by telephone during opening hours on +32(0)55 60 48 63, by e-mail at info[at]livingessentials.be or by post at the following address Living Essentials, Hundelgemsebaan 53 - 9630 Swallow.
Any complaint regarding the delivered goods must be reported to us in writing within 10 days of receipt. Once this period has expired, the complaint will no longer be taken into account. Your complaint must have a clear reference to the invoice or cash register statement number, the date of delivery, your reference, the item in question and the nature of the complaint. Detailed photos of the damage or complaint must always be included. Files without accompanying photo material will be rejected. No return of goods will be accepted by us without prior agreement and provided they are returned to us in their original undamaged packaging. No returns will be accepted for deliveries in accordance with the order form. In the event of any necessary repairs, the furniture must always be delivered to us with adequate packaging/protection of the furniture. Complaints or claims can easily be reported via www.livingessentials.be/servicecenter
ARTICLE 10 – SANCTIONS FOR NON-PAYMENT
Without prejudice to the exercise of other rights available to Living Essentials, in the event of non-payment or late payment, the customer is legally liable to pay interest of 12% per year on the unpaid amount from the date of the default and without notice. In addition, the customer is legally and without notice due a fixed compensation of 12% on the amount concerned, with a minimum of 25 euros per invoice.
Without prejudice to the foregoing, Living Essentials reserves the right to take back items that have not been (fully) paid for.
ARTICLE 11 – PRIVACY
The controller, Woodpack NV, respects the Belgian law of December 8, 1992 regarding the protection of private life in the processing of personal data. The personal data you provide will only be used for the following purposes: the correct execution of the sales agreement, processing the order, sending newsletters and advertising. If you wish, you can easily unsubscribe from our newsletter.
You have a legal right to inspect and possibly correct your personal data. Provided proof of identity (copy of identity card) you can obtain written notification of your personal data free of charge via a written, dated and signed request to Living Essentials.
If necessary, you can also request that the data that is incorrect, incomplete or not pertinent be corrected.
You can object to the use of your data for direct marketing free of charge. For this you can always contact Living Essentials, Hundelgemsebaan 53 - 9630 Zwalm
The customer is responsible for keeping his login details and the use of his password confidential. Your password is stored encrypted, so Living Essentials has no access to your password. Living Essentials keeps online (anonymous) visitor statistics to see which pages of the website are visited and to what extent in accordance with current legislation. If you have any questions about this privacy statement, you can contact us at info[at]livingessentials.be.
ARTICLE 12 – 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 the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify individuals, a cookie can only identify a machine. We use technical cookies to optimize our site and to offer you more comfort, such as automatically completing forms.
You can set your internet browser in such a way 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 via the settings of your browser (via the help function). Please note that certain graphic elements may not appear correctly, or that you will not be able to use certain applications. By using our website, you agree to our use of cookies.
ARTICLE 13 - EFFECT ON VALIDITY – NON-RENOVATION
If any provision of these Terms is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.
The failure at any time by Living Essentials to enforce any of the rights listed in these Terms, or to exercise any right thereof, will never be considered a waiver of such provision and will never affect the validity of these rights .
ARTICLE 14 – CHANGE OF CONDITIONS
These Terms and Conditions are supplemented by other terms and conditions that are explicitly referred to and the general terms and conditions of sale of Living Essentials. In the event of any contradiction, these Terms and Conditions shall prevail.
ARTICLE 15 - EVIDENCE
The customer accepts that electronic communications and backups can serve as evidence.
ARTICLE 16 – INTELLECTUAL PROPERTY
No photo or model of Woodpack NV - Living Essentials may be copied, stored or published without written permission. Photos from our collections may not be published without written permission.
All prices and information on this website are subject to errors and changes.
ARTICLE 17 – APPLICABLE LAW - DISPUTES
All our agreements are governed by Belgian law. All disputes arising from this agreement will be settled before the court of Ghent.
ARTICLE 18 – ADDITIONAL CONDITIONS
All orders are subject to our general terms and conditions of sale. Our quotations are without obligation and are made without commitment. Our prices & conditions include VAT (21%) and are valid until the next price change. All prices are net/net unless otherwise agreed in writing. The delivered merchandise remains our property as long as the full price (principal, costs and interest) has not been paid. The customer bears the risks from delivery and must keep the goods in their condition. In the event of non-payment, we reserve the right to stop further deliveries. As long as the full amount of the goods has not been paid for in full, the goods remain indisputably our property. Deliveries are made in accordance with the chosen delivery method, no exceptions are made.
ORDERS:
To avoid misunderstandings, we can only accept written orders. Telephone orders are not accepted. The delivery notes must clearly state: the billing address and/or delivery address, contact person and details where we can reach you, the reference of your order, our item number, description of the item and desired quantity. You will receive a written order confirmation from us within 5 working days, if not, please contact us. Any inaccuracies or changes to be made in this order confirmation must be communicated by you in writing within 2 to 3 working days from the date of the order confirmation unless otherwise agreed. Without any response from you, the goods will be delivered as stated on your order confirmation. The goods or services are delivered within the period stated on the order form, taking into account the usual tolerance inherent to the nature of the industry or trade. The goods or services are transported at the expense and risk of the buyer. With regard to any defects in the delivered goods, the law of 1 September 2004 regarding the protection of consumers when selling consumer goods is applied.
The offer is valid while supplies last and can be adjusted or withdrawn at any time by Living Essentials. Living Essentials cannot be held liable for the unavailability of a product or if a product has a longer delivery period than initially expected due to the actions of third parties or suppliers. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
Woodpack NV – Living Essentials reserves the right to adjust these conditions at any time without written notice to the consumer.