Terms & Conditions
Dromenwinkel Terms & Conditions
Version from 09-01-2019 tot date
VAT and CoC: BE 0643.461.079
IBAN: BE65 3631 5514 7496
Article 1. General
1. A. 'Dromenwinkel' and 'DW' in these general terms and conditions of sale mean: Dromenwinkel BVBA, a company that is registered and has its registered office in Belgium.
B.'Customer' or 'you' refers to natural persons (a natural person or other legal person), who order products or services via this website, by means of telephone contact with Dromenwinkel or via e-mail contact with Dromenwinkel and whose products are ordered. whether services are accepted by Dream Shop
C. 'Agreement' are the agreements containing these general terms and conditions, which are concluded because Dromenwinkel accepts your order as well as the credit card or other means of payment
D. 'Terms' means these general terms and conditions
E. 'Dream Shop website' is the website: www.dromenwinkel.com
1.2 These terms and conditions are part of all offers from and agreements with Dromenwinkel insofar as not expressly deviated from in writing.
1.3 With due observance of the provisions of Article 6.4, these terms and conditions also apply if Dromenwinkel has to engage third parties for the execution of all agreements.
1.4 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by Dromenwinkel.
1.5 The purchase of products or services by the customer (you), regardless of whether that takes place via the Dream Shop website, by email or via telephone contact with Dream Shop, are subject to these general terms and conditions. These terms and conditions supersede all other terms and conditions referred to by the customer or in connection with a business event.
1.6 If any part of the Terms is void or destroyed, the other provisions of the Terms will remain in full force and effect and the parties will be bound to make every effort to determine a replacement clause that is valid and the original intentions of the parties as closely as possible.
1.7 Dromenwinkel accepts no liability with regard to the correctness of the information and/or deviations in prices, images and texts. No rights can therefore be derived from the information on these pages. The information may be changed or updated without notice. This also applies to changes in product descriptions and prices.
1.8 This website contains links to websites of third parties. Dream Shop is not responsible for the content of these websites.
Article 2. Changes to product information, offers and the conclusion of agreements
2.1 All offers are without obligation, unless expressly stated otherwise by Dromenwinkel.
2.2 Agreements for the delivery of goods and/or services are only binding for Dream Shop after written confirmation. Actual performance by Dromenwinkel or an invoice sent by Dromenwinkel equals a written confirmation of the offer.
2.3 If the correctness of the content of this written confirmation is not disputed within 8 days, also in writing, Dream Shop and customer are bound by this.
2.4 Offers from Dream Shop do not automatically apply to repeat orders.
2.5 Dromenwinkel can change the prices of the products indicated as available and available on the Dromenwinkel website at any time. The price indicated at that time applies to the day that the customer visits the Dream Shop website or that he was notified by telephone or another authorized body.
2.6 Dromenwinkel cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
2.7 Additions, changes and/or further agreements are only effective if agreed in writing.
2.8 Dromenwinkel continuously updates its products and processes them again and again. Dromenwinkel is entitled to update, edit or discontinue products at any time.
2.9 Dromenwinkel publishes its current products on the website www.dromenwinkel.com
Dromenwinkel makes every effort to have its products available. However, products change and the availability of certain products may vary. Each order depends on the availability of the products.
2.10 All units of measure and weight on the Dream Shop website are approximate.
Article 3. Prices/Price increase
3.1 Unless otherwise indicated, all prices are expressed in Euros, including sales tax (VAT).
3.2 Dromenwinkel guarantees that price increases will not take place after the conclusion of the agreement, unless the price increase is the result of legal regulations and/or provisions.
3.3 If the price increase is not the result of statutory regulations and/or provisions, the consumer has the right to terminate the distance contract from the day on which the price increase takes effect.
3.4 The prices do not include transport or processing costs or transport insurance.
3.5 You agree to pay for products (if applicable) other rates and taxes mentioned in the preceding sentence, which are individually mentioned in the invoice issued by Dromenwinkel after the purchase of the Dreamshop products.
Article 4. Delivery
4.1 If goods are available from stock, they will be shipped immediately after ordering. Dromenwinkel can charge shipping costs for sending ordered items. The delivery of ordered goods takes place at the postal address known to Dromenwinkel, not being of a temporary nature, and delivered to the natural person who is located at the delivery address.
4.2 If the customer refuses to accept or is negligent in providing information or instructions necessary for delivery, the items will be stored at the customer's expense and risk.
4.3 The delivery obligation of Dromenwinkel will be met, subject to proof to the contrary, as soon as the goods delivered by Dromenwinkel have been offered to the customer once. In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer of delivery, unless proof to the contrary.
4.4 In the event of refusal of the goods offered, return freight and storage costs, as well as the risk of damage or loss of the refused goods, will be fully borne by the customer, unless the customer has good reasons for dissolving the purchase or replacing the goods. invokes.
4.5 You acknowledge that products sold to you in accordance with these terms and conditions may be subject to the export control laws and regulations of the relevant jurisdiction, including in particular as far as European Economic Zone countries are concerned. You acknowledge that in such event you will refrain from exporting or re-exporting the products in violation of such laws or regulations.
Article 5. Delivery time
5.1 A delivery time specified by Dromenwinkel can never be regarded as a deadline. The delivery time only starts after all necessary information is in the possession of Dream Shop, after which Dream Shop will try to make delivery within 30 days.
5.2 In the context of the rules of distance selling, Dromenwinkel (contractor) will execute orders expeditiously, but at least within 30 days. If this is not possible (because the ordered item is not in stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or only partially, then the consumer (client) will receive within 1 month after placement of the order and in that case he has the right to cancel the order without costs and notice of default.
Article 6. Dissolution and Right of Withdrawal
6.1 Without prejudice to the rights of Dream Shop on the basis of the law, Dream Shop is entitled to suspend or dissolve the agreement in whole or in part by means of a written statement to that effect to the customer, with the right to compensation from the customer if after the conclusion of the agreement In the agreement, Dromenwinkel becomes aware of circumstances that give Dromenwinkel good grounds to fear that the customer will not fulfill its obligations or if Dromenwinkel has asked to provide security for compliance when concluding the agreement and this security is not forthcoming or is insufficient (despite summons) as well as in the event of bankruptcy of the customer, the customer's own application for bankruptcy, suspension of payments, liquidation or a decision to that effect, full or partial transfer of the customer's company or seizure of any part of his assets.
6.2 If circumstances arise with regard to persons and/or materials that Dromenwinkel uses or is used to in the execution of the agreement, which are of such a nature that the execution of the agreement is impossible or so inconvenient and/or disproportionately expensive. If it becomes apparent that compliance with it can no longer reasonably be required, Dream Shop is authorized to dissolve the agreement.
6.3 You have the right to cancel your order up to 14 days after receipt without giving any reason, provided the seal has not been broken. If the seal is broken, your order is final and cannot be returned.
If you make use of your right of withdrawal, you have another 14 days after cancellation to return your product. You will then be credited the full order amount including shipping costs. Only the costs for return from your home to the webshop are for your own account and risk. These costs are varying per package, consult the website of your carrier for the exact rates. If you make use of your right of withdrawal, the product will be returned to Dromenwinkel with all accessories supplied and – if reasonably possible – in its original condition and packaging. To exercise this right, please contact us at email@example.com. We will then refund the order amount due within 14 days after registration of your return, provided the product has already been returned in good order.
6.4 The right to dissolution, as described in the previous paragraph, only relates to the delivered goods and will in no case relate to services.
Article 7. Force majeure
7.1 Force majeure is understood to mean, in addition to what is understood in this regard in the law and jurisprudence, all circumstances over which Dromenwinkel has no influence and which hinder or make impossible the delivery of goods, including but not limited to strikes at Dromenwinkel and/or suppliers, malfunctions in the Internet or WAP, electricity failures, e-mail failures and failures or changes in technology provided by third parties.
7.2 Force majeure can also be invoked if the circumstance that prevents (further) fulfillment occurs after Dromenwinkel should have fulfilled the obligation.
7.3 If the period in which fulfillment of the obligation by Dreamshopping is not possible due to force majeure lasts longer than 2 weeks, both parties are entitled to dissolve the agreement, without there being an obligation to pay compensation in that case.
7.4 If, when the force majeure occurs, Dromenwinkel has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
Article 8. Warranty
8.1 Dromenwinkel is never responsible for the ultimate suitability of the items for each individual application by the customer, nor for any advice regarding the use or application of the items.
8.2 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, defective or incomplete, the customer must immediately report these defects in writing to Dromenwinkel (before proceeding to return it to Dromenwinkel). Any defects or incorrectly delivered goods must and can be reported to Dreamshop in writing no later than 2 months after delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after the discovery of a defect, damage caused by the discovery of a defect, encumbrance and/or resale after the discovery of a defect, makes this right to complain and return completely null and void.
8.3 If the customer's complaints are found to be well-founded by Dromenwinkel, Dromenwinkel will at its discretion either replace the delivered goods free of charge or make a written arrangement with the customer about compensation, on the understanding that the liability of Dromenwinkel and therefore the amount of compensation will always be is limited to a maximum of the invoice amount of the relevant items, or (at the discretion of Dromenwinkel) to the maximum amount covered by the liability insurance of Dromenwinkel in the relevant case. Any liability of Dromenwinkel for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
8.5 Dromenwinkel is not liable for damage caused by intent or equivalent conscious recklessness of non-executive staff.
8.6 This guarantee does not apply if: A) and as long as the customer is in default towards Dromenwinkel; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of Dromenwinkel and/or instructions for use and package leaflet; D) the defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
Article 9. Payment
9.1 Dromenwinkel accepts payment by means of a credit card or bank transfer approved by Dromenwinkel. Payment options may vary from country to country.
Payment in installments is not possible.
9.2 In the event of bankruptcy or suspension of payment of the customer or an application to that effect, the claims of Dromenwinkel and the obligations of the customer towards Dromenwinkel are immediately due and payable.
9.3 If Dromenwinkel has to hand over its claim for collection, the customer owes a fixed amount of 15% of the amount owed in extrajudicial collection costs, with a minimum amount of 250 euros.
9.4 If Dromenwinkel can demonstrate that it has incurred higher costs that were reasonably necessary, these will also qualify for reimbursement.
9.5 In the case of authorized payment by credit card, the customer must provide his valid credit card number and further requested information, or on the Dream Shop website under the check out of the relevant purchase transaction or, if the order was made by telephone, to the competent employee of Dromenwinkel at the time of placing the order.
Dreamshop will check the validity of the credit card through the credit card company and will fulfill the order (as indicated below) if the credit card is accepted.
After an agreement has been concluded (ie after DW has confirmed the availability of the product and has accepted the customer order as well as payment method), Dromenwinkel charges the credit card at the time of shipment.
Article 10. Retention of title
10.1 The ownership of all goods sold and delivered by Dromenwinkel to the customer remains with Dromenwinkel as long as the customer has not paid the claims of Dromenwinkel under the agreement or previous or later similar agreements, as long as the customer has completed or still to perform work from has not yet fulfilled these or similar agreements and as long as the customer has not yet fulfilled the claims of Dromenwinkel due to failure to fulfill such obligations, including claims in respect of fines, interest and costs, all as referred to in Article 3 :92 CC.
10.2 The goods delivered by Dromenwinkel that fall under the retention of title may only be resold in the context of normal business operations and never be used as a means of payment.
10.3 The customer is not authorized to pledge or in any other way encumber the goods subject to retention of title.
10.4 The customer now gives unconditional and irrevocable permission to Dream Shop or a third party to be appointed by Dream Shop to enter all those places where its property will then be located and to take those things with it in all cases in which Dream Shop wants to exercise its property rights. take.
10.5 If third parties seize the goods delivered subject to retention of title or wish to establish or assert rights thereon, the customer is obliged to inform Dromenwinkel as soon as can reasonably be expected.
10.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to Dromenwinkel on first request.
Article 11. Privacy
11.1 Dromenwinkel respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise indicated. This information is not sold, shared or rented to third parties by Dromenwinkel in any other way than as stated in this privacy statement.
11.2 Information from which the identity of an online visitor to the Dream Shop website can be derived is provided voluntarily by the visitor. This information can be used within Dromenwinkel (and all its subsidiaries and brands) with the aim of making visits to our websites as simple and enjoyable as possible. In addition, this information may be used for analysis and to provide information about the product portfolio of Dromenwinkel. The customer gives explicit permission for this. Dromenwinkel is entitled to disclose information about a visitor in special cases, if there is reason to believe that the disclosure of that information is necessary to identify, come into contact with or initiate a lawsuit against someone who does not intentionally harm, harm or cause damage to the rights or property of Dream Shop, other users of its website or others who may be harmed by it. Dromenwinkel is entitled to release information about users when we believe in good faith that the law requires it.
11.3 Dromenwinkel collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data can be removed at the request of the online visitor insofar as this does not require a disproportionate effort or cost for Dream Shop.
11.4 By placing your order you declare that you agree,
1. that your personal data, such as name and position, address, telephone number and further data relating to your person ("personal data"), are used in accordance with the provisions that you will find in the privacy statement on the Dream Shop website ; and that the requested personal data, depending on the situation, will be used for the fulfillment of your order and for legal obligations
2. that the processing of your personal data is required for the performance of this agreement.
Article 12. Intellectual property rights
12.1 Unless expressly agreed otherwise in writing, the full copyrights and all other intellectual and industrial property rights with regard to the goods or services supplied by Dromenwinkel, such as trademark rights, design rights, patent rights, sui generis database rights, etc., rest exclusively with Dromenwinkel and /or its suppliers.
12.2 The parties undertake to take sufficient measures to ensure confidentiality with regard to each other's data of a confidential nature that they become aware of during the execution of the agreement.
Article 13. Changes to the terms and conditions and the Dream Shop website
Dromenwinkel is entitled to change these general terms and conditions, including those that relate to payment and/or guarantees, at any time and without prior notice. Dream Shop may announce changes to the Dream Shop website, the terms and conditions or other matters by publishing a relevant notice and creating hypertext links to these notices. It is recommended that you regularly check the Dream Shop website and these general terms and conditions. Agreements, which have been concluded on the basis of previous conditions, remain in force, including the product prices as they were applicable at the time the customer placed the order.
Although the correctness of the information published on the website is carefully checked, this information may contain inaccuracies, typographical errors or incorrect price indications. Dreamshop is not liable or responsible for such errors. Dromenwinkel is entitled to make corrections and/or changes at any time with regard to the products, services, service programs, prices and other information published on the Dromenwinkel website. Changes or adjustments to the Dream Shop website are made on a regular basis.
Article 14. Applicable law
Belgian law applies exclusively to all offers and agreements of Dream Shop.
Article 15. Disputes
15.1 The customer can call Dromenwinkel for questions and/or complaints on the telephone number stated on the website. Complaints are usually handled within 30 days. If this is not possible for any reason, the customer will be informed of the delay.
15.2 The customer has the opportunity to submit the dispute to an independent disputes committee. This may be the Thuiswinkel Disputes Committee or another equivalent disputes committee, which does not affect the customer's right to submit the dispute to a competent court.