Terms and conditions

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Guarantee
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Artikel 1 – Definities

For the purposes of these terms and conditions, the following definitions apply:

1. Article 1 – Definitions
2. In these terms and conditions, the following definitions apply:
3. Reflection Period: the period within which the consumer can exercise their right of withdrawal. Learn more about the reflection period.
4. Consumer: the natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur.
5. Day: calendar day.
6. Ongoing Transaction: a distance contract regarding a series of products and/or services, where the delivery and/or purchase obligations are spread over time.
7. Durable Medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
8. Right of Withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period.
9. Model Form: the standard withdrawal form provided by the entrepreneur that a consumer can complete if they wish to exercise their right of withdrawal.
10. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
11. Distance Contract: a contract where, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, exclusively one or more techniques for distance communication are used up to and including the conclusion of the contract.
12. Means of Distance Communication: any means that can be used for concluding a contract, without the consumer and entrepreneur being in the same place simultaneously.
13. General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Dreams e-commerce
Rechtzaad 15
4703RC Roosendaal
Netherlands

Email: [email protected]
Chamber of Commerce (KVK) number: 74543377
VAT number: NL002434577B16

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every remote agreement and orders between the entrepreneur and the consumer.
2. Before the remote 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 remote agreement is concluded that the general terms and conditions can be viewed at the entrepreneur’s location and will be sent to the consumer free of charge upon request.
3. If the remote agreement is concluded electronically, then contrary to the previous paragraph, and before the remote agreement is concluded, the text of these general terms and conditions may be made available electronically to the consumer in such a way that it can be stored by the consumer on a durable medium in an easily accessible manner. If this is not reasonably possible, it will be indicated before the remote agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer can always rely on the provision that is most favorable to them.
5. If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions will otherwise remain in effect, and the relevant provision will be replaced by a provision that reflects the original intent as closely as possible by mutual agreement.
6. Situations not covered in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
7. Any ambiguity regarding the interpretation or content of one or more provisions of our terms will be explained ‘in the spirit’ of these general terms and conditions.

Artikel 4 – The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indications and cannot be a reason for compensation or the dissolution of the agreement.
5. Product images are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This includes, in particular:
   • the price including taxes;
   • any shipping costs;
   • the way in which the agreement will be concluded and which actions are required for this;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery, and performance of the agreement;
   • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
   • the level of the rate for remote communication if the costs of using the technology for remote communication are calculated on a different basis than the regular basic rate for the used communication method;
   • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
   • the manner in which the consumer can check the information provided by them within the scope of the agreement before its conclusion and correct it if desired;
   • any other languages in which the agreement may be concluded, in addition to Dutch;
   • the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes electronically; and
   • the minimum duration of the remote agreement in the case of an ongoing transaction.

Artikel 5 – The Agreement

1. The agreement is established at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions, subject to the provisions in paragraph 4.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may – within legal limits – verify whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly entering into the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or application with reasons or to attach special conditions to the execution.
5. The entrepreneur will provide the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
   • the visiting address of the establishment where the consumer can lodge 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;
   • information on guarantees and existing after-sales service;
   • the details 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 indefinite.
   • In the case of an ongoing transaction, the provision in the previous paragraph only applies to the first delivery.
   • Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Artikel 6 – Right of Withdrawal

For the delivery of products:

1. Upon purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period starts the day after the consumer, or a representative designated by the consumer and made known to the entrepreneur, receives the product.
2. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all delivered accessories and, if reasonably possible, in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur. The cost of returning the product is borne by the consumer. To return the product, carefully package it in its original packaging (if possible) and send it back at your expense to our return address.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days of receiving the product. The consumer may do so by using the model form or via another communication method such as email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the returned items were sent back in time, for example by providing proof of shipment.
4. If the consumer has not notified the entrepreneur of their wish to exercise the right of withdrawal within the periods mentioned in paragraphs 2 and 3 or has not returned the product, the purchase is final.

For the provision of services:

1. For the provision of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting from the day of the agreement.
2. To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

Artikel 7 – Costs in Case of Withdrawal

1. If the consumer exercises their right of withdrawal, only the direct costs of returning the goods are their responsibility.
2. If the consumer has already made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has been received back by the retailer or conclusive proof of complete return has been provided. The refund will be made using the same payment method originally used by the consumer, unless the consumer expressly agrees to a different method.
3. In the case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation in value of the product.
4. The consumer cannot be held liable for any depreciation in value of the product if the entrepreneur did not provide all legally required information on the right of withdrawal before the conclusion of the purchase agreement.

Artikel 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur clearly stated this in the offer or, at least, in good time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • that have been manufactured by the entrepreneur according to the consumer’s specifications;
   • that are clearly of a personal nature;
   • that, by their nature, cannot be returned;
   • that are liable to deteriorate or expire quickly;
   • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   • for individual newspapers and magazines;
   • for audio and video recordings and computer software whose seals have been broken by the consumer;
   • for hygienic products whose seals have been broken by the consumer.
3. Exclusion of the right of withdrawal is only possible for services:
   • regarding accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
   • where the delivery has commenced with the explicit consent of the consumer before the cooling-off period has expired;
   • regarding betting and lotteries.

Artikel 9 – The Price

1. During the validity period stated 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.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This dependence on fluctuations and the fact that any prices given are target prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
   • they are the result of legal regulations or provisions; or
   • the consumer has the right to terminate the agreement as of the date on which the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
6. All prices are subject to printing and typing errors. No liability will be accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Artikel 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, reasonable standards of reliability and/or usability, and the legal requirements and/or governmental regulations in effect at the time the agreement was established. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert under the agreement against the entrepreneur.
3. Any defects or incorrect deliveries must be reported in writing to the entrepreneur within 2 months of discovery.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the product’s suitability for any particular use by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
   • the consumer has repaired and/or modified the products, or had them repaired and/or modified by third parties;
   • the products have been exposed to abnormal conditions, have been handled carelessly, or have been treated in a manner contrary to the instructions of the entrepreneur and/or on the packaging;
   • the defect is wholly or partially due to government regulations regarding the nature or quality of the materials used.

Artikel 11 – Delivery and Execution

1. The entrepreneur shall exercise the utmost care in receiving and fulfilling orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address provided by the consumer to the company.
3. With due consideration to the provisions of paragraph 4 of this article, the company will execute accepted orders with expedient care, and at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer may not derive any rights from any specified timeframes. Exceeding a delivery timeframe does not entitle the consumer to compensation.
5. In the event of termination under paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
6. If the delivery of a product proves impossible, the entrepreneur will make every effort to provide a replacement item. The delivery will clearly indicate that a replacement item is being provided. For replacement items, the right of withdrawal cannot be excluded. Any return costs are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative notified in advance to the entrepreneur, unless expressly agreed otherwise.

Artikel 12 – Duration Transactions: Duration, Termination, and Renewal

Termination

1. The consumer may terminate an agreement entered into for an indefinite period that entails regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month.
2. The consumer may terminate a fixed-term agreement that entails regular delivery of products (including electricity) or services at the end of the specified term, subject to the agreed termination rules and a maximum notice period of one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs:
   • at any time and not limited to a specific time or period;
   • at least by the same method by which they were entered into;
   • always with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

1. A fixed-term agreement that entails regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specified term.
2. In deviation from the previous paragraph, a fixed-term agreement for regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a specified period of up to three months, provided that the consumer can terminate the extended agreement by the end of the extension period with a notice period of no more than one month.
3. A fixed-term agreement for regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a maximum notice period of one month or three months if the agreement is for the regular, but less frequent than monthly, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly extended and ends automatically at the end of the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.

Artikel 13 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a service agreement, this period begins after the consumer has received confirmation of the agreement.
2. The consumer is obliged to report any inaccuracies in payment information provided or stated without delay to the entrepreneur.
3. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer..

Artikel 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur in a complete and clearly described manner within 2 months of discovering the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute that is subject to dispute resolution arises.
5. In case of complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if the webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur, the decision of which is binding, and both the entrepreneur and consumer agree to this binding decision. Costs for submitting a dispute to this committee are borne by the consumer. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.
7. If a complaint is found to be valid by the entrepreneur, they will replace or repair the delivered products free of charge at their discretion.

Artikel 15 – Disputes

1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Artikel 16 – Additional or Deviating Provisions

Additional or deviating provisions to these general terms and conditions may not disadvantage the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.