Terms & Conditions
Dromenwinkel Terms & Conditions
Version from 09-01-2019 tot date
160 00 Prague
Company number: 173 48 641
VAT number: CZ17348641
Article 1. General
1. A. In these general terms and conditions of sale, 'Dromenwinkel' and 'DW' are understood to mean: Dromenwinkel BVBA, a company that is registered and has its registered office in the Czech Republic.
B. 'Customer' or 'you' refers to natural persons (a natural person or another legal entity) who order products or services via this website, by telephone contact with Dream Shop or via email contact with Dream Shop and whose order of products or services is accepted by Dream Shop
C. 'Agreement' are the agreements that contain these general terms and conditions, which are concluded because Dream Shop accepts your order as well as the credit card or other means of payment
D. "Terms" means these terms and conditions
E. 'Dromenwinkel website' is the website: https://www.dromenwinkel.com
1.2 These terms and conditions form part of all offers from and agreements with Dromenwinkel insofar as they have not been expressly deviated from in writing.
1.3 With due observance of the provisions of Article 6.4, these terms and conditions also apply if Dream Shop has to engage third parties for the implementation of all agreements.
1.4 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Dream Shop.
1.5 The purchase of products or services by the customer (you), whether via the Dromenwinkel website, by e-mail or via telephone contact with Dromenwinkel, is 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 Conditions is null and void or is annulled, the other provisions of the Conditions will remain in full force and the parties will be bound to make every effort to determine a replacement provision in consultation that is valid and that reflects the original intentions. of the parties as closely as possible.
1.7 Dream Shop 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 is subject to change or update without notice. This also applies to changes in product descriptions and prices.
1.8 This website contains links to third party websites. Dromenwinkel is not responsible for the content of these websites.
Article 2. Changes to product information, offers and conclusion of agreements
2.1 All offers are without obligation, unless expressly stated otherwise by Dream Shop.
2.2 Agreements for the delivery of goods and/or services are only binding after written confirmation. Actual execution by Dream Shop or an invoice sent by Dream Shop is equivalent to a written confirmation of the offer.
2.3 If the correctness of the content of this written confirmation is not contested within 8 days, also in writing, Dream Shop and customer are bound by it.
2.4 Offers from Dream Shop do not automatically apply to repeat orders.
2.5 Dream Shop can change the prices of the products indicated on the Dream Shop website as available and available at any time. The price indicated at that time applies to that day that the customer visits the Dream Shop website or that he has been informed by telephone or another authorized authority.
2.6 Dream Shop 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 valid if agreed in writing.
2.8 Dream Shop constantly updates its products and edits 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
Dream Shop makes every effort to have its products available. However, products change and the availability of certain products may vary. Every order depends on the availability of the products.
2.10 All measurement and weight units on the Dream Shop website are approximate.
Article 3. Prices/Price Increase
3.1 Unless stated otherwise, all prices are expressed in euros, including sales tax (VAT).
3.2 Dream Shop guarantees that price increases will not take place after the conclusion of the agreement, unless the price increase is the result of statutory 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 on the day on which the price increase takes effect.
3.4 The prices are exclusive of transport or processing costs or transport insurance.
3.5 You agree to pay for products (if applicable) other rates and taxes mentioned in the previous sentence that are individually mentioned in the invoice drawn up by Dreamshop after the purchase of the Dreamshop products.
Article 4. Delivery
4.1 If items are available from stock, they will be shipped immediately after ordering. Dream Shop 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 issued to the natural person who is at the delivery address.
4.2 If the customer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the articles will be stored at the expense and risk of the customer.
4.3 Dromenwinkel's obligation to deliver will be fulfilled, subject to proof to the contrary, once the goods delivered by Dreamwinkel have been offered to the customer. In the case of home delivery, the carrier's report, including the refusal of acceptance, serves as full proof of the offer to deliver, subject to evidence 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, shall be fully borne by the customer, unless the customer has good grounds for dissolution of the purchase or replacement of the goods. invokes.
4.5 You acknowledge that products sold to you pursuant to these terms and conditions may be subject to the export control laws and regulations of the relevant jurisdiction, including in particular as regards countries in the European Economic Zone. In such event, you confirm that 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 strict 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 out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially executed, the consumer (client) will receive payment within 1 month after placing 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 based on 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 to Dromenwinkel becomes aware of circumstances that give Dromenwinkel good grounds to fear that the customer will not fulfill its obligations or if Dreamenwinkel has asked for 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 the customer's bankruptcy, the customer's own application for bankruptcy, suspension of payments, liquidation or a decision thereto, full or partial transfer of the customer's business or seizure of any part of its assets.
6.2 If circumstances arise with regard to persons and/or materials that Dream Shop uses or tends to use 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 becomes that compliance can no longer reasonably be required, Dream Shop is authorized to terminate the agreement.
6.3 You have the right to cancel your order up to 14 days after receipt without giving any reason, provided that the seal has not been broken. The seal clause applies to our products due to (food) safety aspects, after breaking the seal there is a health risk. 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 with the full order amount including shipping costs. Only the costs for returning from your home to the webshop are for your own account and risk. These costs are approximately €7.95 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 Dream Shop with all accessories supplied and - if reasonably possible - in its original condition and packaging. To exercise this right, please contact us at firstname.lastname@example.org. We will then refund the order amount due within 14 days after registering your return, provided that 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 respect by law and jurisprudence, all circumstances over which Dream Shop has no influence and which impede or make delivery of goods impossible, including but not limited to strikes at Dream Shop and/or suppliers, malfunctions in the Internet or WAP, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology provided by third parties.
7.2 An appeal to force majeure can also be made if the circumstance that prevents (further) fulfillment occurs after Dream Shop should have fulfilled the obligation.
7.3 If the period in which fulfillment of the obligation by Dream Shop is not possible due to force majeure lasts longer than 2 weeks, both parties are entitled to dissolve the agreement, without any obligation to pay compensation in that case.
7.4 If Dream Shop has already partially fulfilled its obligations upon the commencement of the force majeure, 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 concerned 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 goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
8.2 The customer is obliged to immediately check the delivered goods upon receipt. If it turns out that the delivered item is wrong, defective or incomplete, the customer must immediately report these defects to Dromenwinkel in writing (before proceeding to return it to Dromenwinkel). Any defects or incorrectly delivered goods must and can be reported in writing to Dream Shop 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 detection of defect, damage caused after detection of defect, encumbrance and/or resale after detection of defect, this right to complain and return expires completely.
8.3 If complaints from the customer are found to be well-founded by Dream Shop, Dream Shop will, at its option, either replace the delivered goods free of charge or make a written arrangement with the customer about compensation, on the understanding that Dream Shop's liability and therefore the amount of compensation will always be is limited to a maximum of the invoice amount of the goods in question, or (at the discretion of Dream Shop) to the maximum amount covered by the liability insurance of Dream Shop 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 deliberate recklessness of non-managerial staff.
8.6 This guarantee does not apply if: A) and as long as the customer is in default towards Dream Shop; 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 carelessly treated or have been treated contrary to the instructions of Dream Shop and/or instructions for use and leaflet; D) the defectiveness is wholly or partly the result of government regulations
Article 9. Payment
9.1 Dream Shop accepts payment by credit card or bank transfer approved by Dream Shop. Other means of payment (e.g. by check) are only permitted with the prior consent of Dream Shop via telephone contact with a Dream Shop employee or in another form. 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 thereto, the claims of Dream Shop and the obligations of the customer towards Dream Shop are immediately due and payable.
9.3 If Dream Shop has to hand over its claim for collection, the customer owes a fixed amount of 15% of the extrajudicial collection costs due, with a minimum amount of 250 Euro.
9.4 If Dreamenwinkel can demonstrate that it has incurred higher costs that were reasonably necessary, these will also be eligible for reimbursement.
9.5 In the case of authorized payment via credit card, the customer must provide his valid credit card number and further requested information, either on the Dream Shop website under the check out of the relevant purchase transaction or, if the order was placed 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 reached (ie after DW has confirmed the availability of the product and has accepted the customer order and means of payment), Dromenwinkel will charge the credit card at the time of shipment.
Article 10. Retention of title
10.1 The ownership of all goods sold and delivered by Dream Shop to the customer remains with Dream Shop as long as the customer has not paid the claims of Dream Shop under the agreement or earlier or later similar agreements, as long as the customer has performed or still to perform work from has not yet fulfilled these or similar agreements and as long as the customer has not yet paid the claims of Dream Shop due to failure to comply with such obligations, including claims in respect of fines, interest and costs, all as referred to in Article 3 :92 BW.
10.2 The goods delivered by Dream Shop that fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
10.3 The customer is not authorized to pledge or encumber in any other way 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, in all cases in which Dream Shop wishes to exercise its property rights, to enter all those places where its property will then be located and to take those items there. take.
10.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform Dream Shop of this as soon as may reasonably be expected.
10.6 The customer undertakes to insure the goods delivered 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 of this insurance available for inspection to Dream Shop on first request.
Article 11. Privacy
11.1 Dream Shop 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 by Dromenwinkel to third parties in any way other than as stated in this privacy statement.
11.2 Information from which the identity of an online visitor to the Dromenwinkel website can be derived is voluntarily provided 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 Dromenwinkel's product portfolio. The customer gives explicit permission for this. Dromenwinkel is entitled to disclose information about a visitor in special cases, when there is reason to assume that the disclosure of that information is necessary to identify, come into contact with or institute proceedings against someone who may or may not be does not intentionally harm or damage the rights or property of Dreamshop, other users of its website or others who may be harmed by it. Dromenwinkel is entitled to disclose information about users when we believe in good faith that the law requires this.
11.3 Dream Shop 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 disproportionate effort or costs for Dream Shop.
11.4 By placing your order you agree that,
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 the 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 of which they become aware during the performance of the agreement.
Article 13. Change of conditions and the Dromenwinkel website
Dromenwinkel is entitled to change these general terms and conditions, including those relating to payment and/or guarantees, at any time and without prior notice. Dreamshop may announce changes to the Dreamshop website, the terms and conditions or other matters by publishing a relevant announcement and creating hypertext links to these announcements. It is advisable to check the Dream Shop website and these terms and conditions regularly. Agreements that have been concluded on the basis of previous terms and conditions remain in force, including the product prices that were applicable at the time the customer placed the order.
Although careful attention is paid to the accuracy of the information published on the website, this information may contain inaccuracies, typographical errors or incorrect price indications. Dromenwinkel is not liable or responsible for such errors. Dream Shop 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 Dream Shop website. Changes or adjustments to the Dream Shop website are made regularly.
Article 14. Applicable law
Czech law applies exclusively to all offers and agreements of Dromenwinkel.
Article 15. Disputes
15.1 For questions and/or complaints, the customer can call Dromenwinkel on the telephone number stated on the website or by sending an e-mail to email@example.com. Complaints are usually dealt with 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.
15.3 From 15 February 2016 it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being processed elsewhere, you are free to deposit your complaint via the platform of the European Union.
Version 2023-01, replaces version 2022-06
Valid from 15-01-2023 to the present