Terms of service

Terms and Conditions of Dream and Perform

Terms and Conditions based on WebwinkelKeur’s standard terms and conditions.

Table of Contents

  1. Definitions
  2. Identity of the Entrepreneur
  3. Applicability
  4. The Offer
  5. The Agreement
  6. Right of Withdrawal
  7. Costs in Case of Withdrawal
  8. Exclusion of Right of Withdrawal
  9. The Price
  10. Conformity and Warranty
  11. Delivery and Execution
  12. Duration Transactions: Duration, Termination, and Renewal
  13. Payment
  14. Complaints Procedure
  15. Disputes
  16. Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-Off Period: the period during which the consumer may exercise their right of withdrawal;
  2. Consumer: a natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration Transaction: a distance contract concerning a series of products and/or services, with a spread delivery or purchase obligation over time;
  5. Durable Data Carrier: any medium that enables the consumer or entrepreneur to store information addressed to them in a way that allows future access and unaltered reproduction of the stored information;
  6. Right of Withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
  7. Model Form: the model form for withdrawal that the entrepreneur provides for consumers wishing to exercise their right of withdrawal;
  8. Entrepreneur: a natural or legal person who offers products and/or services to consumers remotely;
  9. Distance Contract: a contract in which, as part of a system organized by the entrepreneur for distance sales of products and/or services, up to and including the conclusion of the contract, only one or more remote communication techniques are used;
  10. Remote Communication Technique: means that can be used to conclude a contract without the consumer and entrepreneur being together in the same room simultaneously;
  11. General Terms and Conditions: these present terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Dream and Perform
Splinterlaan 141
2352SG Leiderdorp
Netherlands

Phone: T
Email: dreamandperformzakelijk@gmail.com
Chamber of Commerce Number: 90555163
VAT Number: NL00482509B92

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and every distance contract and order between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate that the terms and conditions are available for inspection at the entrepreneur’s premises and will be sent to the consumer at their request free of charge as soon as possible.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored on a durable data carrier by the consumer. If this is not reasonably possible, the entrepreneur will indicate where the terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
  4. Should specific product or service terms also apply in addition to these general terms and conditions, the second and third clauses shall apply accordingly. In the event of contradictory terms, the consumer may rely on the applicable provision that is most favorable to them.
  5. If one or more provisions in these terms are wholly or partially void or annulled, the contract and these terms will otherwise remain in effect, and the relevant provision will be replaced by a provision that closely approximates the intent of the original.
  6. Situations not covered by these terms should be assessed “in the spirit” of these terms.
  7. Ambiguities regarding the interpretation or content of one or more provisions of these terms should be interpreted “in the spirit” of these terms.

Article 4 - The Offer

  1. If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur has the right 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 detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or contract dissolution.
  5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors 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, including:
  • The price, including taxes;
  • Any possible shipping costs;
  • How the contract will be concluded and the necessary actions to do so;
  • Whether or not the right of withdrawal is applicable;
  • The method of payment, delivery, and execution of the contract;
  • The period within which the offer can be accepted, or the period within which the entrepreneur guarantees the price;
  • The rate for remote communication if the costs of using remote communication techniques are calculated on a basis other than the regular base rate for the used means of communication;
  • Whether the contract will be archived after conclusion, and if so, how the consumer can consult it;
  • How the consumer can verify and, if necessary, correct the data provided for the contract before it is concluded;
  • Any additional languages, other than Dutch, in which the contract may be concluded;
  • The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes electronically; and
  • The minimum duration of the distance contract in the event of a duration transaction.

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Article 9 - The Price

  1. During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to 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 dependence on fluctuations and the fact that any mentioned prices are indicative prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    • they are the result of legal regulations or provisions; or
    • the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services are inclusive of VAT.
  6. All prices are subject to printing and typing errors. The entrepreneur accepts no liability for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing at the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
  2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.
  4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any 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 has had them repaired and/or modified by third parties;
    • the delivered products have been exposed to abnormal conditions or have been treated carelessly or in violation of the entrepreneur's instructions and/or the treatment indicated on the packaging;
    • the unsoundness is wholly or partially the result of regulations imposed by the government concerning the nature or quality of the materials used.

Article 11 - Delivery and Execution

  1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
  2. The place of delivery shall be the address communicated by the consumer to the company.
  3. Subject to the provisions mentioned in paragraph 4 of this article, the company will execute accepted orders with due speed 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 partially executed, 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 agreement without costs. The consumer has no right to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated times. Exceeding a deadline does not give the consumer the right to compensation.
  5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur 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 entrepreneur will make an effort to provide a substitute item. At the latest upon delivery, it will be clearly and understandably communicated that a substitute item is being delivered. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment are borne by the entrepreneur.
  7. 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 known to the entrepreneur, unless expressly agreed otherwise.

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

Termination

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

Extension

  1. An agreement entered into for a definite period that relates to the regular delivery of products (including electricity) or services may not be extended or renewed tacitly for a fixed term.
  2. Notwithstanding the previous paragraph, an agreement entered into for a definite period that relates to the regular delivery of daily, news, and weekly newspapers and magazines may be extended tacitly for a fixed term of a maximum of three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
  3. An agreement entered into for a definite period that relates to the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer can always terminate with a notice period of no more than one month and a notice period of no more than three months if the agreement relates to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be continued tacitly and will automatically end after the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement 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 due by the consumer must be paid within 7 days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
  2. The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. In the event of default by the consumer, the entrepreneur has the right to charge reasonable costs that were communicated to the consumer in advance, subject to legal limitations.

Article 14 - Complaints Procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and will handle the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur in writing within 2 months of discovering the defects, clearly and completely described.
  3. Complaints submitted to the entrepreneur will be responded to within a period of 14 days from the date of receipt. If a complaint requires a foreseeable 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 response.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. In the event of complaints, a consumer should first contact the entrepreneur. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr). The online store is currently not affiliated with a disputes committee.
  6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.
  2. The Vienna Sales Convention is not applicable.

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.