Terms and conditions.

These terms and conditions set out the rules and regulations for the use of Eco-dreamer’s website and shop. All of the terms below refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the customer in the most appropriate manner, for the express purpose of meeting the customer’s needs in respect of the provision of the company’s stated services, in accordance with and subject to the prevailing law of the Netherlands.

Article 1 – Definitions

Any use of the terminology below or other words in the singular, plural, capitalisation and/or he/she or they is considered interchangeable and therefore refers to the same thing.

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
3. Day: calendar day;
4. Continuing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligations of which are spread over time;
5. Durable medium: any means that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
7. Model form: the model withdrawal form provided by the trader, which a consumer can fill in when they wish to exercise their right of withdrawal.
8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance selling of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
10. Means of distance communication: any means that can be used to conclude a contract without the consumer and the trader being in the same place at the same time.
11. Terms and Conditions: these Terms and Conditions of the trader.

Article 2 – Identity of the trader

Eco-dreamer
Midvoordreef 13
1433DH Kudelstaart
The Netherlands

Email address: info@eco-dreamer.nl
KvK (Chamber of Commerce) number: 89980832
VAT number: NL865172481B01

Article 3 – Applicability

1. These terms and conditions apply to every offer made by the trader and to every distance contract concluded and every order placed between the trader and the consumer.
2. The text of these terms and conditions will be made available to the consumer before the distance contract is concluded. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, that the terms and conditions can be inspected at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible on request.
3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, where the terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer’s request.
4. Where specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions the consumer may always rely on the applicable provision that is most favourable to them.
5. If one or more provisions of these terms and conditions are at any time wholly or partly void or annulled, the contract and these terms and conditions will otherwise remain in force, and the provision concerned will be replaced without delay, by mutual agreement, with a provision that comes as close as possible to the purport of the original.
6. Situations not covered by these terms and conditions must be assessed ‘in the spirit’ of these terms and conditions.
7. Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be stated explicitly in the offer.
2. The offer is without obligation. The trader is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to assess the offer properly. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the contract.
5. Product images are a true representation of the products offered. The trader cannot guarantee that the colours shown exactly match the actual colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
   • the price including taxes;
   • any shipping costs;
   • the way in which the contract will be concluded and the steps required to do so;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery and performance of the contract;
   • the period for accepting the offer, or the period within which the trader guarantees the price;
   • the rate for distance communication if the cost of using the means of distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
   • whether the contract will be archived after it has been concluded and, if so, how the consumer can consult it;
   • the way in which the consumer, before concluding the contract, can check the information they have provided under the contract and correct it if desired;
   • any other languages in which, in addition to Dutch, the contract can be concluded;
   • the codes of conduct to which the trader has subscribed 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 continuing transaction.

Article 5 – The contract

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.
2. If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance of the offer electronically without delay. As long as the trader has not confirmed receipt of this acceptance, the consumer may terminate the contract.
3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures to that end.
4. The trader may – within the limits of the law – find out whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to entering into the distance contract responsibly. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, the trader is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
5. With the product or service, the trader will send the consumer the following information, 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 trader’s establishment where the consumer can go with complaints;
   • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
   • information about guarantees and existing after-sales service;
   • the information set out in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract;
   • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
6. Every contract is entered into subject to the condition precedent that the products concerned are sufficiently available.
7. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

Article 6 – Right of withdrawal

On delivery of products:

1. When purchasing products, the consumer has the option of cancelling the contract without giving any reason for a period of 14 days. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
   • if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. Provided the trader has clearly informed the consumer of this before the ordering process, the trader may refuse an order for several products with different delivery times;
   • if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
   • for contracts for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.
3. During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product to the trader with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
4. If the consumer wishes to exercise their right of withdrawal, they must notify the trader of this within 14 days of receiving the product. The consumer must give this notification using the model form or by another means of communication, such as by email to info@eco-dreamer.nl. After notifying the trader that they wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned in time, for example by means of proof of postage.
5. If, after the periods referred to in paragraphs 2 and 3 have expired, the customer has not notified the trader that they wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase is final.

Article 7 – Costs in the event of withdrawal

1. If the consumer exercises their right of withdrawal, the consumer bears the direct cost of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that it will bear the costs itself, the consumer does not have to pay the return costs.
2. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.
3. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. 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. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
4. If the product is damaged as a result of careless handling by the consumer, the consumer is liable for any reduction in the value of the product.
5. The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase contract is concluded.

Article 8 – Exclusion of the right of withdrawal

1. The trader may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has stated this clearly in the offer, or at least in good time before the contract is concluded.
2. Exclusion of the right of withdrawal is only possible for products:
   • that have been made by the trader in accordance with the consumer’s specifications;
   • that are clearly personal in nature;
   • that cannot be returned due to their nature;
   • that can spoil or age quickly;
   • whose price is linked to fluctuations in the financial market over which the trader has no control;
   • Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
   • Products that, after delivery, are by their nature inseparably mixed with other products;
   • Alcoholic beverages whose price was agreed when the contract was concluded, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations over which the trader has no control.

Article 9 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. The prices stated in the offer of products or services include VAT.
3. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to supply the product at the incorrect price.
4. Any additional costs caused by import duties when the products offered are shipped to a country outside the EU are borne entirely by the consumer.

Article 10 – Conformity and guarantee

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.
3. Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of discovering the defect.
4. The trader’s guarantee period corresponds to the manufacturer’s guarantee period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if:
   • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
   • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly, or have been handled contrary to the instructions of the trader and/or those on the packaging;
   • the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

1. The trader will take the greatest possible care when receiving and processing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will process accepted orders promptly and within 30 days at the latest, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partly fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any delivery times stated. Exceeding a delivery time does not entitle the consumer to compensation.
5. In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
6. If delivery of an ordered product proves impossible, the trader will make every effort to make a replacement item available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment will be borne by the trader.
7. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
2. The consumer is obliged to report any inaccuracies in payment details provided or stated to the trader without delay.
3. In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge reasonable costs made known to the consumer in advance.
4. If the consumer fails to meet their payment obligation(s) on time, and after the trader has pointed out the late payment and granted the consumer a period of 14 days to still meet their payment obligations, the consumer will owe statutory interest on the amount still outstanding if payment is not made within this 14-day period, and the trader is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the following €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in the consumer’s favour.

Article 13 – Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within 2 months of the consumer discovering the defects.
3. Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must in any case give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.
5. A complaint does not suspend the trader’s obligations, unless the trader indicates otherwise in writing.
6. If the trader finds a complaint to be justified, the trader will, at its discretion, either replace or repair the delivered products free of charge.

Article 14 – Disputes

1. Contracts between the trader and the consumer to which these terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer lives abroad.

Article 15 – Additional or deviating provisions

1. Provisions that are additional to or deviate from these terms and conditions may not be to the detriment of 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 medium.

Annex 1 – Model withdrawal form

(only complete and return this form if you wish to withdraw from the contract)

To:

Eco-dreamer

Midvoordreef 13
1433DH Kudelstaart

info@eco-dreamer.nl

• I hereby give notice that I withdraw from our contract for the sale of the following products .
• Order number(s):
• Ordered on*/received on*:
• Name:
• Address:
• Signature:

* Delete as appropriate.