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Terms of Service

This website is operated by Dreamardi. Throughout the site, the terms "we", "us" and "our" refer to Dreamardi. Dreamardi offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.

Article 1 – Definitions

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You must not use our products for any illegal or unauthorized purpose nor must you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any other code of a destructive nature.

A violation of any of the Terms will result in an immediate termination of your Services.

Definitions

  • Cooling-off period: the period during which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession and who enters into a distance contract with the trader;
  • Day: calendar day;
  • Long-term 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;
  • Durable medium: any tool that enables the consumer or trader to store information addressed personally to them in a way that facilitates future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the option for the consumer to opt out of the distance contract within the cooling-off period;
  • Trader: the natural or legal person who offers products and/or services to consumers at a distance;
  • Distance contract: a contract concluded between the trader and the consumer within the framework of an organized system for distance selling of products and/or services, using one or more means of distance communication up to and including the time at which the contract is concluded;
  • Means of distance communication: a means that can be used for concluding a contract, without the consumer and trader being in the same room at the same time.
  • General Conditions: the present General Conditions of the trader.

 

Article 2 – Identity of the trader

  • Company name: Ecomon
  • Chamber of Commerce number: 93330251
  • TAX Number: NL0050140
  • Trade name: Dreamardi
  • Customer service email: support@Dreamardi.com
  • Company address: Midwoldastraat 1, 6835 CC Arnhem, Gelderland, The Netherlands.

Our customer support is available Monday to Friday from 9:00 to 17:00 and also on Saturday from 9:00 to 13.00.

Contact Form: Contact

Article 3 – Applicability

These general conditions apply to every offer of the trader and every distance contract and orders concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general conditions can be viewed at the trader's premises and they will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general conditions can be viewed electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request.

In the event that specific product or service conditions also apply in addition to these general conditions, the second and third paragraphs are correspondingly applicable and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general conditions.

If one or more provisions in these general conditions are at any time wholly or partially void or are destroyed, the contract and these conditions will otherwise remain in effect and the relevant provision will immediately be replaced by mutual agreement with a provision that approaches the original as closely as possible.
Situations that are not covered in these general conditions should be assessed 'in the spirit' of these general conditions.

Uncertainties about the interpretation or content of one or more provisions of our conditions should be interpreted 'in the spirit' of these general conditions.


Article 4 – The Offer

  • If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
  • The offer is without obligation. The entrepreneur is entitled to modify and adjust the offer.
  • The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
  • All images, specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
  • Images with products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the true colors of the products.
  • Each offer contains such information that it is clear for the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
    • the price, excluding clearance fees and import VAT. These additional costs will be for the account and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services with respect to the import. This arrangement applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the charged clearance costs) from the recipient of the goods;
    • any shipping costs;
    • the manner in which the contract will be concluded and what actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery, and execution of the contract;
    • the term for accepting the offer, or the term within which the entrepreneur guarantees the price;
    • the rate of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the used means of communication;
    • whether the contract is archived after its conclusion, and if so, how it can be consulted by the consumer;
    • the way in which the consumer, before concluding the contract, can check and if desired, rectify the data he has provided in the context of the contract;
    • any other languages in which, besides Dutch, the contract can be concluded;
    • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes electronically; and
    • the minimum duration of the distance contract in the case of an extended transaction.
  • Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

  1. The agreement is, subject to the provisions of paragraph 4, concluded at the moment the consumer accepts the offer and meets the conditions set forth therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed the acceptance, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic data transfer and ensures a safe web environment. If the consumer can make payments electronically, the entrepreneur will observe appropriate security measures.
  4. Within legal frameworks, the entrepreneur may gather information about the consumer’s ability to fulfill their payment obligations, as well as all facts and factors important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
  5. The entrepreneur will provide the consumer with the following information, in writing or in such a manner that the consumer can store it in an accessible way on a durable data carrier, with the product or service:
    • the address of the entrepreneur's establishment where the consumer can lodge complaints;
    • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • information about guarantees and existing after-sales service;
    • the information 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.
  6. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
  7. Each agreement is entered into under the suspensive conditions of sufficient availability of the respective products.

Article 6 – Right of Withdrawal

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons during a period of 14 days. This reflection period starts on the day after the consumer, or a representative designated in advance by the consumer and announced to the entrepreneur, receives the product.
  2. During the reflection 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 judge whether they wish to keep the product. If the consumer exercises their right of withdrawal, they must return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to exercise their right of withdrawal, they are obliged to inform the entrepreneur within 14 days of receiving the product. The consumer must inform the entrepreneur via a written message/email. After the consumer has indicated that they wish to use their right of withdrawal, they must return the product within 14 days to the place of origin. The consumer must prove that the goods were returned on time, for example by a proof of shipment.
  4. If the consumer does not express their intention to use their right of withdrawal or return the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in the Event of Withdrawal

  1. If the consumer exercises their right of withdrawal, the cost of returning the products shall be borne by the consumer.
  2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This refund is contingent upon the product having been received back by the online retailer, or upon the presentation of conclusive proof of complete return.

Article 8 – Exclusion of Right of Withdrawal

  1. The entrepreneur can 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 has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that have been created by the entrepreneur according to the consumer's specifications;
    • that are clearly personal in nature;
    • that by their nature cannot be returned;
    • that can spoil or age quickly;
    • whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
    • for single newspapers and magazines;
    • for audio and video recordings and computer software whose seal the consumer has broken;
    • for hygienic products whose seal the consumer has broken.
  3. Exclusion of the right of withdrawal is only possible for services:
    • concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
    • where delivery has begun with the consumer's express consent before the end of the cooling-off period;
    • concerning betting and lotteries.

Article 9 – The Price

  1. During the validity period mentioned 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. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependency on fluctuations and the fact that any mentioned prices are indicative will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
    • they are the result of statutory regulations or provisions; or
    • the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
  5. According to Article 5, paragraph 1, of the VAT Act 1968, the place of delivery is in the country where the transport begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will collect import VAT and/or clearance fees from the recipient. Therefore, no VAT will be charged by the entrepreneur.
  6. All prices are subject to print and typographical errors. No liability is accepted for the consequences of print and typographical errors. In the event of print and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 Article 10 – Conformity and Warranty

  1.  The entrepreneur ensures that the products and/or services comply with the contract, the specifications mentioned in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing at the date of the agreement's conclusion. If agreed upon, the entrepreneur also ensures that the product is suitable for other than normal use.
  2. A warranty provided by the entrepreneur, manufacturer, or importer does not diminish the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
  3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days after delivery. The return of the products must be done in the original packaging and in new condition.
  4. The warranty period provided by the entrepreneur matches the manufacturer's warranty period. However, the entrepreneur 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 warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

    • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

    • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
      • The defectiveness is wholly or partially the result of regulations set by the government regarding the nature or the quality of the materials used.

        •  

        Article 11 – Delivery and Execution

        1. The entrepreneur shall take the greatest possible care when receiving and executing product orders.
        2. The place of delivery is the address that the consumer has made known to the company.
        3. With due observance of what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed partially, 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 contract without costs and is entitled to any compensation.
        4. In the event of termination according to the previous clause, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
        5. If delivery of an ordered product proves impossible, the entrepreneur will strive to provide a replacement item. At the time of delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by the entrepreneur.
        6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, or a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.

        Article 12 – Duration Transactions: Duration, Termination, and Extension

        Termination

        1. The consumer may terminate a contract entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of agreed termination rules and a notice period of no more than one month.
        2. The consumer may terminate a contract entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period with due observance of agreed termination rules and a notice period of no more than one month.
        3. The consumer can terminate the contracts mentioned in the previous clauses:
          • at any time and is not limited to termination at a specific time or in a specific period;
          • at least in the same manner as they were entered into by him;
          • always with the same notice period as the entrepreneur has stipulated for themselves.

        Extension

        1. A contract entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed duration.
        2. Notwithstanding the previous clause, a contract entered into for a definite period, which extends to the regular delivery of daily, news, and weekly magazines and journals, may be automatically extended for a fixed term of a maximum of three months if the consumer can terminate the extended contract at the end of the extension with a notice period of no more than one month.
        3. A contract entered into for a definite period, which extends to the regular delivery of products or services, may only be automatically extended for an indefinite duration if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the contract extends to the regular, but less than once a month, delivery of daily, news, and weekly magazines and journals.
        4. A contract of limited duration to the regular delivery of daily, news, and weekly magazines and journals (trial or introductory subscription) for the purpose of acquaintance will not be automatically continued and ends automatically after the trial or introductory period.

        Duration

        1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month unless reasonableness and fairness oppose termination before the end of the agreed duration.

        Article 13 – Payment

        1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days following the start of the reflection period as referred to in Article 6 paragraph 1. In the case of a contract to provide a service, this term begins after the consumer has received confirmation of the contract.
        2. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
        3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer beforehand.

        Article 14 – Complaints Procedure

        1. Complaints about the execution of the contract must be submitted to the entrepreneur within 7 days fully and clearly described after the consumer has observed the defects.
        2. 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 the 14 days with a receipt acknowledgment and an indication of when the consumer can expect a more detailed answer.
        3. If the complaint cannot be resolved in mutual consultation, a dispute that is subject to the dispute resolution process arises.
        4. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
        5. If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace or repair the delivered products free of charge, at the entrepreneur's choice.

        Article 15 – Disputes

        1. Only Dutch law applies to contracts between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer lives abroad.

        Article 16 – CESOP

        1. Due to measures introduced and tightened from 2024 regarding the 'Amendment of the Value Added Tax Act 1968 (Act implementation of Directive on payment service providers)' and thereby the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.

        Questions?

        Contact us via our contact page or directly to support@dreamardi.com

         

         

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