1. Data controller

2. Which data do we collect?

When you create an account, place an order, or book an appointment, we collect:

• Name, address, email address, phone number
• Measurement data (for Made to Measure)
• Order history
• IP address and browser data (for security and analytics)
• Preferences and on-site behaviour (with consent)

3. Purposes of processing

We process your data for:

• Fulfilling your order
• Delivering bespoke products
• Managing your account
• Marketing communication (with consent)
• Analysing and improving our webshop
• Security and fraud prevention

4. Legal bases

We process your data based on:

• Performance of a contract
• Legal obligation (such as tax retention)
• Consent (for example for marketing)
• Legitimate interest (such as security and optimisation)

5. Retention period

Data is not kept longer than necessary:

• Account data: as long as the account is active
• Order data: 7 years (tax retention)
• Measurement data: until deleted by the client
• Marketing preferences: until consent is withdrawn

6. Security

We use SSL certificates, encrypted storage, role-based access control, activity logging, and regular audits and updates. Your data is not shared with third parties without your consent unless legally required.

7. Sharing with third parties

We only share your data with third parties that are necessary to deliver our services, such as:

• Hosting providers
• Payment services
• Shipping partners
• Marketing tools (with consent)

We sign data processing agreements with these parties in line with the GDPR. Data is not sold or shared for other purposes.

8. Transfers outside the EU

Some processors (such as Google and Meta) may process data outside the EU. We ensure appropriate safeguards such as standard contractual clauses and additional security measures.

9. Profiling and automated decision-making

We use personalised recommendations based on your behaviour and preferences. No decisions with legal effects are taken without human involvement.

10. Your rights

You have the right to:

• Access your data
• Correct inaccurate data
• Delete your data
• Restrict processing
• Object to processing
• Portability of your data

You can exercise your rights by contacting us at buongiorno@kristiaanesch.com. We aim to respond as soon as possible and always within 30 working days in line with GDPR requirements.

11. Complaints

If you believe we are processing your data incorrectly, you can file a complaint with the Dutch Data Protection Authority via autoriteitpersoonsgegevens.nl.

12. Processing register

Kristiaan Esch International B.V. maintains an internal register of all personal data processing activities in line with Article 30 of the GDPR.

13. Data Protection Officer

Given the nature of our services and processing of measurement data, no formal Data Protection Officer has been appointed. An internal privacy contact is available via buongiorno@kristiaanesch.com.

14. Security incidents and data breaches

In case of a security incident or data breach, Kristiaan Esch International B.V. will act in accordance with the GDPR. Where required, we will notify the Dutch Data Protection Authority and inform affected parties.

1. Company details

2. Applicability

These terms apply to all products and services via www.kristiaanesch.com, including Ready to Wear and Made to Measure.

3. Offer and agreement

An agreement is concluded after confirmation of your order. Kristiaan Esch reserves the right to refuse orders if misuse is suspected.

4. Prices and payment

All prices include VAT. Payment is made through the available payment methods. A deposit may be requested for bespoke items.

5. Delivery

• Ready to Wear: within 2–5 business days
• Made to Measure: within 4–6 weeks unless otherwise agreed

6. Right of withdrawal

Ready to Wear purchases have a 14-day cooling-off period. Made to Measure items are excluded from the right of withdrawal due to personalization, unless there is a production error.

Kristiaan Esch takes the necessary responsibility for this.

7. Warranty

We provide a 3-month warranty on technical defects. For bespoke items, proven errors are corrected free of charge.

8. Liability

Kristiaan Esch International B.V. is only liable for direct damages resulting from a demonstrable and attributable failure to fulfil the agreement. Liability for indirect damages, consequential damages, lost profits, missed savings, reputational damage, or business interruption is expressly excluded.

Liability is limited to the invoice amount of the relevant order, with a maximum of €1,000 per event.

Kristiaan Esch International B.V. is not liable for damage caused by:

• Force majeure, as described in Article 17
• Errors or failures of third parties, including suppliers, delivery services, or IT service providers
• Incorrect or improper use of products or services by the customer or third parties
• Failure to follow instructions or conditions of use by the customer

The customer indemnifies Kristiaan Esch International B.V. against any claims by third parties related to the use of the products or services by the customer, unless there is intent or gross negligence on the part of Kristiaan Esch International B.V.

9. Complaints

Complaints can be submitted via buongiorno@kristiaanesch.com. We aim to provide a solution within 5 business days.

10. Intellectual property

All texts, designs, configurators, visuals, logos, and other content on this website are the property of Kristiaan Esch International B.V. or its licensors. Without written permission, it is not permitted to copy, distribute, or reuse them. Kristiaan Esch reserves the right to take legal action in case of infringement.

11. Order button obligation

The order button includes a clear statement in accordance with laws and regulations and corresponds to wording such as “Order with payment obligation” (required since 2014).

12. Delivery terms in case of delay

If delivery cannot take place within the indicated period, the customer will be informed in time. The customer then has the right to accept an alternative delivery date free of charge.

13. Dispute resolution

Disputes can be submitted to an independent dispute committee or via the European Commission’s ODR platform. We aim to reach an amicable solution before legal proceedings are started.

14. Return shipping costs

In case of withdrawal of Ready to Wear products, return shipping costs are borne by the customer, unless otherwise agreed.

15. Reference to privacy and cookie policy

Our privacy policy and cookie policy form an integral part of these terms and are available via www.kristiaanesch.com/privacybeleid and www.kristiaanesch.com/cookiebeleid.

16. Force majeure

In case of force majeure, including but not limited to pandemics, war, strikes, internet or infrastructure outages, or other events, Kristiaan Esch International B.V. is not obliged to fulfil its obligations. In such cases, performance of the agreement is suspended for the duration of the force majeure.

17. Changes to the terms

Kristiaan Esch International B.V. reserves the right to amend these terms and conditions. Customers will be informed in time via the website or by email. The amended terms apply to new agreements and to existing agreements insofar as permitted by law.

18. Business customers

Kristiaan Esch International B.V. supplies products and services to both consumers and business customers. The following additional provisions apply to business customers:

• No right of withdrawal: The statutory right of withdrawal as referred to in Article 6 applies only to consumers. Business customers cannot invoke this right unless agreed otherwise in writing.
• Payment term: Business customers are subject to the standard payment term as per the webshop checkout, unless agreed otherwise. In case of late payment, Kristiaan Esch International B.V. is entitled to charge statutory commercial interest and collection costs.
• Liability: Kristiaan Esch International B.V. is liable towards business customers only for direct damages resulting from a demonstrable and attributable failure to fulfil the agreement. Liability for indirect damages, consequential damages, loss of profit, missed savings, reputational damage, or business interruption is expressly excluded.
  
  Liability is limited to the invoice amount of the relevant delivery, with a maximum of €1,000 per event, unless agreed otherwise in writing.
  
  Kristiaan Esch International B.V. is not liable for damage caused by:

  • Force majeure, as described in Article 17
  • Errors or failures of third parties, including suppliers, delivery services, IT service providers, or other external parties
  • Incorrect, careless, or improper use of products or services by the business customer or its staff
  • Failure to follow instructions, conditions of use, or maintenance guidelines by the business customer

  
  The business customer indemnifies Kristiaan Esch International B.V. against any claims by third parties, including end users or resellers, arising from the use of the delivered products or services, unless there is intent or gross negligence on the part of Kristiaan Esch International B.V.
• Governing law and competent court: Agreements with business customers are governed by Dutch law. Disputes will preferably be resolved in consultation, but if no solution is reached, they are exclusively submitted to the competent court in Oost-Brabant, the Netherlands.
• Delivery to Belgium: For Belgian business customers the same conditions apply, unless deviations are agreed in writing. Deliveries to Belgium may be subject to additional customs formalities or VAT reverse charge, depending on the nature of the order.

19. Governing law

All agreements are governed by Dutch law. Disputes are submitted to the court of Oost-Brabant.

20. Reservation of title

All delivered products remain the property of Kristiaan Esch International B.V. until full payment has been received. Until that moment, the customer is not permitted to alienate, resell, pledge, or otherwise encumber the products. In case of non-payment, Kristiaan Esch International B.V. reserves the right to reclaim the products.

21. Limitation of warranty in case of third-party use

The warranty as described in Article 7 applies only to normal use by the original purchaser. Use by third parties, resale, modification, or processing of the product outside its original context is excluded from the warranty. Kristiaan Esch International B.V. is not liable for damage or defects resulting from such use.

22. Confidentiality in tailoring

All measurement data, configurations, and customer information provided in the context of Made to Measure services are treated as strictly confidential. Kristiaan Esch International B.V. shares this data only with processors necessary for performance of the agreement, and never for commercial purposes without the customer’s explicit consent.

23. Digital accessibility and technical limitations

Kristiaan Esch International B.V. strives for optimal digital accessibility of its webshop and configurators. However, technical limitations, browser settings, or external factors may affect the operation of certain features. Kristiaan Esch International B.V. is not liable for incompatibility, outages, or reduced functionality beyond its control.

24. Language and translation

These terms and conditions are drafted in Dutch. In case of translations, the Dutch version prevails. In case of interpretation differences between language versions, the Dutch text shall prevail.

25. Processing of personal data

Kristiaan Esch International B.V. processes personal data in accordance with the General Data Protection Regulation (GDPR). Processing is carried out lawfully, fairly, and transparently, solely for the purposes described in our privacy policy. For more information, please refer to the privacy policy on www.kristiaanesch.com/privacybeleid.

26. Security and data breaches

Kristiaan Esch International B.V. takes appropriate technical and organisational measures to protect personal data against loss, misuse, unauthorised access, or disclosure. In case of a security incident or data breach, we act in accordance with the GDPR. If legally required, we will notify the Dutch Data Protection Authority and inform affected individuals.

27. Processors and sub-processors

To deliver our services, Kristiaan Esch International B.V. uses carefully selected processors and sub-processors. Data processing agreements are concluded with these parties in line with Article 28 of the GDPR. These parties process data solely on behalf of Kristiaan Esch International B.V. and within the agreed purposes.

28. Applicability to offline sales

These terms and conditions also apply to purchases and appointments that take place outside the webshop, including in our showroom, at the customer’s location, or during events. By using our services, both online and offline, the customer agrees to these terms.

29. Consent for communication

By placing an order, creating an account, or booking an appointment, the customer consents to being informed by Kristiaan Esch International B.V. via email, phone, or other digital channels about the status of the order, appointments, deliveries, and relevant updates. Separate consent is requested for marketing communication, in line with the GDPR.

30. Evidence of communication

Digital communication, including emails, system notifications, and messages via the customer portal, constitutes legally valid evidence of correspondence between Kristiaan Esch International B.V. and the customer. This communication can be used to support agreements, deliveries, and complaint handling.

31. Export restrictions and customs law

For international deliveries, the customer is responsible for compliance with local laws and regulations, including customs formalities, import duties, and potential export restrictions. Kristiaan Esch International B.V. is not liable for delays, costs, or restrictions arising from international regulation or customs procedures.

32. Invalidity and severability

If any provision of these terms and conditions is wholly or partially void, invalid, or unenforceable, the remaining provisions remain in full force. The void provision will be replaced by a provision that most closely reflects the purpose and intent, in accordance with applicable law.

33. Publicity and use of customer images

Kristiaan Esch International B.V. reserves the right to use products purchased and worn by customers, and publicly shared by the customer (for example via social media), for promotional purposes. If a customer is visible in images created by Kristiaan Esch International B.V. during an appointment, event, or delivery, and that material is shared publicly, this is done with respect for the customer and brand. Objections can be submitted in writing via buongiorno@kristiaanesch.com.

34. Account use and customer responsibility

The customer is responsible for the careful use of their account on www.kristiaanesch.com. All actions performed via the account are deemed to be performed by the customer. The customer must keep login credentials confidential and is responsible for correct input of measurements and preferences when using configurators. Kristiaan Esch International B.V. is not liable for errors or damage resulting from incorrect input or misuse of the account.

35. Technical support for configurators

In case of technical issues with configurators or other digital features on the website, the customer can contact us via buongiorno@kristiaanesch.com. Kristiaan Esch International B.V. strives to resolve technical issues as quickly as possible. Customers are advised to include relevant information such as browser type, error messages, and screenshots to speed up support.

36. Version management of terms

These terms and conditions are periodically reviewed and updated. The current version is always available via www.kristiaanesch.com/algemenevoorwaarden. The date of the last update is listed at the bottom of these terms. If there are material changes, customers will be informed via email or other communication channels.

Disclaimer

1. What are cookies?

Cookies are small text files placed on your device to improve your user experience. They help us keep the webshop functioning properly, collect statistics, and provide you with relevant content.

2. Which cookies do we use?

• Functional cookies: necessary for the webshop to work, such as the shopping cart, login, and language settings.
• Analytical cookies: to collect statistics about website usage, for example via Google Analytics. This helps us improve the user experience.
• Marketing cookies: to show personalised ads and offers, for example via Meta Pixel. These are placed only with your consent.

3. Cookie settings

On your first visit we ask for explicit consent for placing non-functional cookies. You can adjust your preferences at any time via the cookie settings at the bottom of the website.

4. Deleting or disabling

You can delete cookies via your browser settings. Please note that some webshop features may not work properly.

5. Cookie retention periods

Cookies are stored for different periods:

• Session cookies: deleted when you close your browser
• Persistent cookies: remain on your device until they expire or are manually deleted
• Analytical cookies (such as Google Analytics): up to 26 months
• Marketing cookies: up to 12 months

6. Specific tools and references

We use the following tools:

• Google Analytics – for website analytics. Privacy policy
• Meta Pixel – for marketing purposes. Privacy policy

These tools may process data outside the EU. We have implemented appropriate safeguards under the GDPR, such as standard contractual clauses.

7. Consent and withdrawal

Your preferences are stored and logged. You can withdraw your consent at any time via the cookie settings at the bottom of the website. When preferences change, cookies are re-evaluated and removed where necessary.

8. Managing cookie preferences

Visitors can manage their cookie preferences via a clear banner on first visit and via a settings page at the bottom of the website. Here they can give or withdraw consent for analytical and marketing cookies.

9. Cookie audit

Kristiaan Esch International B.V. periodically evaluates the use of cookies and updates this policy if necessary to comply with applicable laws and regulations.

10. Technical cookies

Kristiaan Esch International B.V. uses technical cookies that are essential for the security and stability of the webshop. These cookies provide, among other things:

• Session management: secure login and maintaining your session during webshop use
• Fraud prevention: detecting suspicious activities and protecting your data
• Load optimisation: improving website speed and performance
• Security features: such as limiting brute-force attempts and monitoring access rights

These cookies are placed automatically and cannot be disabled via cookie preferences, because they are necessary for the functioning and security of our digital environment.

11. External privacy policies

For more information on how external tools handle your data, please refer to their privacy policies:

• Google Analytics: https://policies.google.com/privacy
• Meta Pixel: https://www.facebook.com/privacy/policy

12. GDPR-compliant consent logging

When you consent to cookies, your preferences are recorded in line with the GDPR. This includes the IP address, the time of consent, the selected preferences, and the device type. This data is used solely to demonstrate that valid consent was obtained and is not shared with third parties.

13. Cookie management platform

Kristiaan Esch International B.V. uses a certified cookie management platform to obtain consent and manage preferences, allowing visitors to set and change preferences transparently.

14. Legal basis per cookie type

Functional and technical cookies are placed based on Kristiaan Esch International B.V.’s legitimate interest to keep the webshop functioning properly. For analytical and marketing cookies, consent is requested on first visit, in line with ePrivacy and GDPR requirements.