Terms & conditions




Terms and Conditions for members ValuedShops




1.1 These are the general terms and conditions of:

Miraggio B.V., trading as DreamersDen.com;

Address Ravelijn 10, 3905NV Veenendaal
Telephone +31 (0)85 004 1733
Email: info@dreamersden.com
CoC: 76469778
VAT: NL860634577B01

1.2 To ensure these terms and conditions are clearly understood, the following terms have the following defined meanings:

Agreement: Any contractual relationship between the Webshop and the Customer; 
Consumer: The Customer who acts for purposes outside his or her trade, business or profession; 
Customer: Any natural or legal person who enters into an Agreement with the Webshop;


Right of Withdrawal: The right of a Consumer to withdraw from a distance contract or an off-premises contract without giving any reason, as referred to in Article 230o of the Dutch Civil Code; 
Webshop: The party referred to in article 1.1.


1.3 In these terms and conditions, the Webshop and the Customer are jointly referred to as “We” or “Us”. The terms “You” and “Your” refer to the Customer.

Article 2 – Applicability

2.1 These general terms and conditions apply to every offer made by the Webshop and to every agreement between You and the Webshop. Any general terms and conditions used by You do not apply, unless the Webshop has expressly and explicitly confirmed their applicability to You in writing.

2.2 If any provision of these general terms and conditions is null and void or is annulled, the remaining provisions will remain in full force and effect. In that case, We will jointly agree on a new provision or new provisions to replace the null or annulled provision(s). The purpose of the new provision(s) will, as far as possible, correspond to the purpose of the original provision(s).

2.3 If the Agreement contains provisions that differ from these general terms and conditions, the provisions of the Agreement shall prevail. In this way, We may also agree on arrangements that deviate from these general terms and conditions. Any deviations from these general terms and conditions are only valid if the Webshop has expressly and explicitly confirmed to You in writing.


Article 3 – Offers


3.1 Every offer made by the Webshop is non-binding and may be accepted by You within the period stated in the offer. If You do not accept the offer within that period, the offer will lapse. If no acceptance period is stated, a period of fourteen (14) days shall apply. It is not possible to accept or reject only part of an offer made by the Webshop. In such case, the entire offer will lapse.

3.2 The Webshop ensures that each offer accurately and completely describes the products and/or (digital) content and services to which the offer relates. If the offer contains graphical elements (such as images or videos), these provide a realistic representation of the products and/or (digital) content and services offered.

3.3 If an offer contains an obvious mistake or error (such as a typographical or calculation error), the Webshop is not bound by that offer.


Article 4 – Performance of the Agreement and delivery

4.1 An Agreement between You and the Webshop is concluded at the moment You have accepted the offer made by the Webshop and have complied with the requirements specified by the Webshop in that context. Within a reasonable period after the conclusion of the Agreement, and in any event upon delivery of the goods or before the performance of the service, You will receive a confirmation from the Webshop. This confirmation shall include:


  • All information referred to in Article 230m paragraph 1 of the Dutch Civil Code (Burgerlijk Wetboek), unless You have already received this information from the webshop on a durable medium prior to concluding the Agreement; and
  • Where applicable: confirmation of the express prior consent and the declaration referred to in Article 230p, under (g), of the Dutch Civil Code (Burgerlijk Wetboek);
As long as You have not received the aforementioned confirmation, You are entitled to dissolve the Agreement.


4.2 The Webshop will make every effort to perform the Agreement as carefully and promptly as possible and to deliver orders placed by You as soon as possible. In any event, delivery shall take place within thirty (30) days after the Agreement has been concluded, unless a different delivery period has been agreed upon. If the Webshop fails to deliver within this period, You are entitled to dissolve the Agreement.

4.3 Deliveries will be made to the address provided by You to the Webshop. If this address is located outside the European Union, the Webshop is entitled to refuse Your order without being liable for any damages.

4.4 The Webshop carefully determines which persons within its organisation are designated to perform the Agreement. The Webshop is also entitled to engage third parties for this purpose, such as subcontractors. The party engaged by the Webshop for the delivery of ordered products will be communicated to You in advance. Any loss of or damage to products occurring during delivery shall be at the risk of the Webshop, unless expressly agreed otherwise with You.

4.5 You must provide the Webshop in a timely manner with all information that the Webshop has indicated is necessary for the performance of the Agreement or that You can reasonably understand to be necessary. If You fail to do so, the Webshop is entitled, among other things, to suspend the performance of the Agreement. In addition to the right to suspend performance, the Webshop may exercise (and continue to exercise) any other rights available to it.

Article 5 – Prices

If you are a Consumer, the prices and rates stated by the Webshop include all surcharges, duties and taxes (such as VAT) as well as any additional costs (such as shipping costs and administrative fees). If You are not a Consumer, prices are deemed to be stated exclusive of VAT and other levies, unless expressly stated otherwise in the price indication.

5.1 Products and/or services whose prices are subject to fluctuations in the financial market over which the Webshop has no control may be offered at variable prices. The Webshop shall clearly indicate this with the price.

5.2 The Webshop is entitled to implement price changes within three (3) months after the conclusion of the Agreement, insofar as such changes are the result of amendments to applicable laws or regulations. If more than three (3) months have elapsed since the conclusion of the Agreement, the Webshop is also entitled to pass on increases in delivery, transport, shipping, call-out and administrative costs to You.

5.3 If You are a Consumer, You are entitled, in the event of the price increases referred to in Article 5.3, to terminate the Agreement. If You are not a Consumer, You are only entitled to terminate the Agreement if the increase exceeds five percent (5%) of the agreed total price, unless the Webshop offers to bear the price increase insofar as it exceeds the said five percent.


Article 6 – Payment

6.1. You are obliged to pay invoices issued by the Webshop within fourteen (14) days after the conclusion of the Agreement, unless otherwise agreed with the Webshop. If You are a Consumer, the Webshop may not, by law, require You to make an advance payment exceeding 50% of the total price.

6.2. If You are a Consumer, You will only be in default (verzuim) with regard to payment obligations after the Webshop has sent You a formal notice of default and has granted You a reasonable period of at least fourteen (14) days - commencing on the day after receipt of that notice - to fulfil Your payment obligations, and You have failed to pay within that period. In such case, You shall also owe statutory interest (wettelijke rente) and compensation for extrajudicial collection costs. These extrajudicial collection costs amount to (with a minimum of €40):

  • 15% on outstanding amounts up to €2,500;
  • 10% on the next €2,500;
  • 5% on the next €5,000;
  • 1% on the next €190,000;
  • 0.5% on the remaining amount.
6.3. If You are not a Consumer, You are not entitled to set off, suspend and/or reduce payments owed to the Webshop, and You will be immediately in default if You fail to make a payment on time. In that case, the Webshop is entitled to charge statutory commercial interest (wettelijke handelsrente) from the invoice due date until full payment has been made, without the need for prior demand or notice of default. The Webshop may also exercise (and continue to exercise) any other rights available to it.

6.4. Any payments made by You shall first be applied to outstanding interest and costs, and subsequently to the oldest outstanding due invoices.

6.5. Any payments you make will first be applied to any interest and charges due. They will then be applied to the outstanding invoices that have been outstanding the longest.

6.6. In the event of liquidation, dissolution, bankruptcy or suspension of payments of the Customer, or if the Customer wholly or partially loses control over its assets, all (payment) obligations of the Customer shall become immediately due and payable.

Article 7 – Guarantees

7.1. The Webshop ensures that the products and/or services supplied to You conform to the Agreement. This means, among other things, that they correspond to what You may reasonably expect based on the nature of the goods or services and the statements made by the Webshop. This includes, for example, expectations regarding quantity, size and/or weight. Furthermore, the products and/or services comply with the applicable Dutch laws and regulations in force at the time the Agreement is concluded. If You are not a Consumer, the Webshop may agree on different or additional arrangements with You.

7.2. If You are a Consumer, any additional guarantees provided by the Webshop shall never limit or exclude Your legal rights under Dutch and EU consumer law.

Article 8 – Intellectual Property Rights

8.1 All intellectual property rights, including copyrights, in and to all offers, designs, images, drawings and models made available to You by the Webshop shall remain vested in the Webshop, unless expressly agreed otherwise in writing between You and the Webshop. Documents, data and materials provided by the Webshop are intended solely for use by You as the Customer. You are not permitted to reproduce, disclose, or otherwise make available to third parties any such documents, data or materials without the prior written consent of the Webshop, unless the nature of those documents, data or materials implies otherwise.

Article 9 – Right of Withdrawal

9.1. If You are a Consumer and the Agreement qualifies as a distance contract or an off-premises contract (within the meaning of Article 6:230g of the Dutch Civil Code), You have a Right of Withdrawal. This means that You may withdraw from the Agreement without giving any reason within a period of fourteen (14) days.
The withdrawal period of fourteen (14) days shall commence as follows:


a. In the case of an Agreement relating to the sale of goods:
On the day on which You, or a third party designated by You (other than the carrier), acquire physical possession of the goods, unless:
  • The same order consists of multiple goods delivered separately or consists of several consignments or parts, in which case the period shall commence on the day on which the last good, consignment or part is received by You or a third party designated by You (other than the carrier);
  • The Agreement provides for the regular delivery of goods over a defined period, in which case the period shall commence on the day on which the first good is received by You or a third party designated by You (other than the carrier).



b. In case of an Agreement for the provision of services:
On the day on which the Agreement is concluded.


c. In the case of an Agreement for the supply of water, gas or electricity not put up for sale in a limited volume or set quantity, of district heating, or of digital content not supplied on a tangible medium:
On the day on which the agreement is concluded.



9.2. To exercise the Right of Withdrawal, You must inform the Webshop of Your decision to withdraw from the Agreement by means of an unequivocal statement. You may use the model withdrawal form provided by the Webshop. This form is also included as an annex to these general terms and conditions. Your statement must be sent before the withdrawal period referred to in Article 9.1 has expired.

9.3. If You have not yet received the withdrawal form from the Webshop, the withdrawal period of fourteen (14) days referred to in paragraph 1 of this Article shall be extended until the moment You receive the withdrawal form, but for a maximum of twelve (12) months.

9.4. If You exercise the Right of Withdrawal, You shall:
  • handle the goods and their packaging with due care. You may only unpack or use the goods to the extent necessary to establish the nature, characteristics and functioning of the goods. If You handle the goods beyond this, You shall be liable for any diminished value resulting therefrom, unless the Webshop failed to provide You, prior to or at the conclusion of the Agreement, with all legally required information regarding the Right of Withdrawal;
  • return the goods to the Webshop within fourteen (14) days from the day following the day on which You submitted the withdrawal statement referred to in Article 9.2. The direct costs of returning the goods shall be borne by You, but only if the Webshop informed You of this obligation prior to the conclusion of the Agreement;
  • return the goods, where reasonably possible, with all supplied accessories, in their original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Webshop
9.5. If You exercise the Right of Withdrawal, the Agreement shall be terminated. This also applies to any ancillary agreements. In such case, the Webshop shall reimburse all payments received from You, including any delivery costs, without undue delay and in any event within fourteen (14) days after the day on which the Webshop is informed of Your decision to withdraw, provided the goods have been received back in good condition, or You have demonstrated that the goods have been returned.


9.6. You bear the risk and burden of proof with respect to the correct and timely exercise of the Right of Withdrawal.

Article 10 – Exclusion of the Right of Withdrawal

10.1. If You are not a Consumer, You are not entitled to exercise the right of withdrawal, even if You have received a withdrawal form.
10.2. If You are a Consumer, You cannot exercise the right of withdrawal, notwithstanding Article 9, if:
  • the Webshop has excluded the right of withdrawal, and
  • the Webshop clearly informed You of this exclusion prior to the conclusion of the Agreement, and
  • the exclusion relates to:
o an Agreement concerning goods or services whose price is subject to fluctuations in the financial market over which the Webshop has no control and which may occur within the withdrawal period;


o an Agreement where You have specifically requested the Webshop to visit You for the purpose of carrying out urgent repairs or maintenance, excluding:
  • additional services not expressly requested by You;
  • the supply of goods other than those necessary to perform the maintenance or repair;
  • an Agreement concluded at a public auction;
  • a service contract, after full performance of the service, insofar as the Agreement imposes a payment obligation on You, provided that:
o performance has begun with Your express prior consent; and


o You have acknowledged that You lose Your Right of Withdrawal once the Agreement has been fully performed;
  • an Agreement relating to the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering, or leisure activities, where the Agreement provides for a specific date or period of performance;
  • a consumer sales contract relating to:
o goods made to Your specifications or clearly personalised;


o goods which are liable to deteriorate or expire rapidly;

o sealed goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

o goods which, after delivery, are inseparably mixed with other items by their nature;

o alcoholic beverages whose price was agreed upon at the time of conclusion of the Agreement, but whose delivery can only take place after thirty (30) days and whose actual value depends on market fluctuations beyond the Webshop’s control;

o sealed audio or video recordings or sealed computer software which have been unsealed after delivery;

o newspapers, periodicals or magazines, with the exception of subscription contracts for such publications;

o an Agreement for the supply of digital content not supplied on a tangible medium, insofar as performance has begun and the Agreement imposes a payment obligation on You, provided that:
  • performance has begun with Your express prior consent;
  • You have acknowledged that You thereby lose Your Right of Withdrawal; and
  • You have received a confirmation of the Agreement on paper or, where agreed, on another durable medium, including confirmation of Your consent and acknowledgment.


Article 11 - Termination

11.1. If the Agreement may be terminated, termination must take place in accordance with the termination rules and notice period agreed between You and the Webshop.

11.2. If You are a Consumer, the following rules and notice periods apply to termination. The Webshop may not deviate from these rules to Your detriment:
  • If the Agreement is concluded for an indefinite period and provides for the regular supply of goods, including electricity, heat or cooling, You may terminate the Agreement at any time.
  • If the Agreement is concluded for a fixed term and provides for the regular supply of goods, You may terminate the Agreement at the end of the fixed term. If such Agreement is tacitly renewed, You may terminate it at any time thereafter.
  • The notice period shall not exceed one (1) month, unless the Agreement relates to the regular supply of periodicals, daily, news and/or weekly newspapers delivered less than once per month, in which case the notice period shall not exceed three (3) months.
  • An Agreement concluded for a fixed term and providing for the regular supply of goods, including electricity, heat or cooling, may not be tacitly renewed or extended for a fixed term, unless it concerns the regular supply of periodicals, daily, news and/or weekly newspapers. In the latter case, tacit renewal for a fixed term of no more than three (3) months is permitted, and You may terminate the Agreement at the end of the renewal period with a notice period of no more than one (1) month.
  • A trial subscription for periodicals, daily, news and/or weekly newspapers shall not be tacitly renewed and shall automatically end at the end of the trial period.
  • Any Agreement with a duration exceeding one (1) year may be terminated by You at any time after the first year, unless termination prior to the end of the agreed term would be unreasonable and unfair under the circumstances.
11.3. If You are not a Consumer, You may only terminate the Agreement if and insofar as this is expressly provided for in the Agreement, and subject to the termination rules and notice periods stipulated therein.

Article 12 – Personal Data

12.1. The Webshop processes personal data exclusively in accordance with applicable laws and regulations. This means, for example, that:
  • the Webshop processes personal data only insofar as such processing is based on one of the legal bases referred to in Article 6 of the General Data Protection Regulation (GDPR);
  • the Webshop implements appropriate technical and organisational measures to adequately protect the personal data it processes;
  • the Webshop only shares personal data with third parties where this is compatible with the purposes for which the data were collected and where all other applicable statutory requirements for the sharing of personal data have been met;
  • personal data are not retained longer than is necessary for the purposes for which they were collected, unless the Webshop is required by law to retain the data for a longer period;
  • You have, inter alia, the right to access, rectify, erase Your personal data, to restrict processing, to object to processing, or — where applicable — to data portability.


Article 13 – Complaints procedure

13.1. The Webshop has a clear complaints procedure and handles all complaints in accordance with this procedure.

13.2. If You have a complaint regarding the performance of the Agreement, You must submit this complaint to the Webshop within two (2) months after discovering the defect, fully and clearly described.

13.3. The Webshop will, where possible, respond to the complaint within fourteen (14) days of receipt. If a complaint requires a longer processing time, You will receive an acknowledgement of receipt within the said period of fourteen (14) days, including an indication of when You can expect a more detailed response.

13.4. In the event of complaints, You must always first contact the Webshop and allow the Webshop the opportunity to provide an appropriate solution. If the Webshop is affiliated with ValuedShops and the parties are unable to resolve the dispute amicably, You may submit the complaint to ValuedShops (www.valuedshops.com). ValuedShops provides free mediation. You may verify whether the Webshop has a current membership via https://www.valuedshops.com/members/.

13.5. If mediation by ValuedShops does not result in a solution, You may submit the complaint to the independent disputes committee designated by ValuedShops. If You choose to do so, costs may be charged to You.


Article 14 – Applicable law and jurisdiction
14.1. The Agreement is governed exclusively by Dutch Law.

14.2. In addition to the possibility of using the complaints procedure described in Article 13, You may submit disputes to the competent court. In such cases, the court of the district in which the Webshop is established shall have exclusive jurisdiction, to the exclusion of other competent courts and arbitration, unless a mandatory provision of law designates another court as competent.


Annex 1: Model withdrawal form

Withdrawal Form

(complete and return this form only if You wish to withdraw from the Agreement)

— To: Miraggio B.V., trading as DreamersDen.com, Ravelijn 10 3905NV Veenendaal. Mail address: info@dreamersden.com

 

— I/We () hereby notify You that I/We () withdraw from the Agreement relating to the sale of the following goods / provision of the following service ():

— Ordered on () / Received on (*):

— Name of Consumer(s):

— Address of Consumer(s):

— Signature of Consumer(s) (only if this form is submitted on paper):

— Date:

– The end –