Legal notice

Article 1 – definitions

Buyer: 

Any natural person or legal entity who may or may not act in the exercise of a profession or business, counterparty of Dream&Rave with whom Dream&Rave enters into an agreement or with whom Dream&Rave is in discussions or (digital) negotiations about concluding a (purchase) agreement. All return costs are the responsibility of the customer. 

Day : calendar day;

Consumer :

The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Price: 
The price of the product offered, without additional costs, as stated and stipulated separately; 

Duration transaction :

A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Sustainable data carrier :

Any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.

Distance agreement :

 an agreement in which, within the framework of a system for distance selling of products and/or services organized by the entrepreneur, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;

 

Article 2 – identity of the entrepreneur

Dream&Rave

From Telfordstraat 9-24, 8013RL Zwolle

Email address: Dnrinfodesk@gmail.com

Chamber of Commerce number: 91932130

VAT identification number: NL865821392b01

 

 

Article 3 – applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.

Deviation from these conditions is only possible if this has been expressly agreed in writing by the parties

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be immediately replaced in mutual consultation by a provision that of the original as closely as possible.

 

Article 4 - offer: 


any offer of products, including the applicable conditions, such as dream&rave makes to the buyer on its homepage, in its catalogue, brochures or otherwise; 

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

 

All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.

 

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.

 

The amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the regular basic rate for the means of communication used;

Whether the agreement is archived after conclusion and, if so, how it can be consulted by the consumer;

The way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;

Any other languages ​​in which, in addition to Dutch, the

Agreement can be concluded;

The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and

The minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, type of materials.

 

Article 5 – right of withdrawal 

 

  1. The consumer has the right to terminate the agreement within 14 days after receiving the order without giving reasons (right of withdrawal). The period starts from the moment the (entire) order is received by the consumer. 

 

  1. The buyer pays the return shipping costs. 

 

  1. The consumer can use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately after the buyer's request. Withdrawal form is included in delivery. 

 

  1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all supplied accessories and - if reasonably possible - in the original shipping packaging to the seller. 

 

  1. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

 

Article 6 – right of withdrawal

When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or If the product has not been returned to the entrepreneur, the purchase is complete.

 

Article 7 – delivery and transfer of risk 

  1. As soon as the purchased item has been received by the buyer, the risk passes from seller to buyer.
  2. Costs in case of withdrawal.

If the consumer exercises his right of withdrawal, the costs for returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.

 

Article 8 – investigation 

  1. The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within the shortest possible period. The buyer must investigate whether the quality and quantity of the delivered goods correspond with what the parties have agreed, or at least that quality and quantity meet the requirements that apply in normal (trade) traffic. 
  2. If the complaint is declared well-founded within the set period, the seller has the right to either repair or redeliver, or to refrain from delivery and send the buyer a credit note for that part of the purchase price. 
  3. Minor and/or industry standard deviations and differences in quality, quantity, size or finish cannot be held against the seller. 
  4. Complaints regarding a specific product do not affect other products or parts belonging to the same agreement. 

 

Article 9 – samples and models 

  1. If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the item to be delivered having to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to this.

 

Article 10 – delivery 

Unless otherwise agreed, delivery and the transfer of risk of the products and their packaging always take place upon delivery. The buyer is obliged to accept the products at the time they are delivered to him. 

The buyer ensures that nothing prevents him from meeting certain agreed deadlines, including delivery times. 

Risk and any damage caused by removing the products are always the responsibility of the buyer. 

If the buyer does not accept the products or does not accept them on time for a non-legal reason, or refuses to accept the products, he will be in default without notice of default. Dream&rave is then entitled to store the products at the expense and risk of the buyer or to sell them to a third party. The buyer remains liable for the purchase price, plus interest and costs by way of compensation, but, where appropriate, reduced by the net proceeds from the sale to that third party. 

If the goods are delivered, the seller is entitled to charge any delivery costs. Netherlands: 5.95 eu 

Dream&Rave has the right to make partial deliveries at any time. If the seller needs information from the buyer for the execution of the agreement, the delivery time starts after the buyer has made this information available to the seller. If agreements are only concluded remotely, it is evident that the data is known in advance. 

 

Article 11 – delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to the company.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

 

Article 12 – transfer of rights  

  1. Any rights of either party under this Agreement may not be transferred without the prior written consent of the other party. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, Civil Code.

 

Article 13 – retention of title and right of retention  

  1. The goods present at the seller's premises and the delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can invoke his retention of title and take back the goods. 
  2. If the agreed amounts to be paid in advance are not paid or are not paid on time, the seller has the right to suspend the work until the agreed part has been paid. There is then a creditor's default. In that case, a late delivery cannot be held against the seller. 
  3. The seller is not authorized to pledge or encumber in any other way the items falling under his retention of title. 
  4. The seller undertakes to insure the goods delivered to the buyer under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy available for inspection upon first request. 
  5. If goods have not yet been delivered, but the agreed advance payment or price has not been paid as agreed, the seller has the right of retention. The item will then not be delivered until the buyer has paid in full and as agreed. 
  6. In the event of liquidation, insolvency or suspension of payment of the buyer, the buyer's obligations are immediately due and payable. 

 

Article 14 – liability / complaints procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days 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 foreseeably 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.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.

Article 15 – obligation to complain  

  1. The buyer is obliged to immediately report complaints about the work performed to the seller. The complaint contains a description of the shortcoming that is as detailed as possible, so that the seller is able to respond adequately. 
  2. If a complaint is justified, the seller is obliged to repair the good and, if necessary, replace it. 

 

Article 16 – guarantees  

If guarantees are included in the agreement, the following applies. The seller guarantees that the item sold complies with the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. This warranty applies for a period of 14 days after receipt of the sold item by the buyer. Dream&rave has a 14 day warranty.

The intended guarantee serves to create a risk distribution between the seller and the buyer in such a way that the consequences of a breach of a guarantee are always entirely at the expense and risk of the seller and that the seller can never rely on a breach of a guarantee. Article 6:75 of the Dutch Civil Code. The provisions of the previous sentence also apply if the infringement was known to the buyer or could have been known through conducting an investigation. 

The aforementioned warranty does not apply if the defect has arisen as a result of improper or improper use or if - without permission - the buyer or third parties have made changes or used the purchased item for purposes for which it was not intended. 

 

Article 17 – amendment of general terms and conditions  

  1. Dream&rave is entitled to change or supplement these general terms and conditions. 
  2. Changes of minor importance can be made at any time.