Marrakech-058

General Terms & Conditions

Table of contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Application of the terms and conditions
Article 4 – Description of the offer 
Article 5 – Conclusion of the agreement
Article 6 – Right of withdrawal of the consumer
Article 7 – Costs when exercising the right of withdrawal
Article 8 – Exclusions from the right of withdrawal
Article 9 – Price information
Article 10 – Conformity and warranty conditions
Article 11 – Delivery and execution of services/products
Article 12 – Duration of the agreement: termination and extension
Article 13 – Payment terms
Article 14 – Complaints procedure
Article 15 – Resolving disputes
Article 16 – Additional or deviating provisions
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Article 1 – Explanation of terms

In these terms and conditions, the following terms shall have the following meanings:

1. Cooling-off period: the period in which the customer, as private person, can make use of the right to revoke the agreement. Read all about the cooling-off period.
2. Customer/Consumer: the natural person who, in private, and not in the exercise of a profession or business, enters into a distance contract with the entrepreneur.
3. Day: calendar day.
4. Duration transaction: a distance contract in which a series of products and/or services are supplied and/or purchased, in which the obligations are spread over a longer period.
5. Durable data carrier: any means with which the customer or entrepreneur can store information that is addressed personally, and with which the stored information can be consulted or reproduced unchanged. 6. Right of withdrawal: the right of the customer to cancel the distance contract within the cooling-off period.
7. Model form: a form that the entrepreneur offers and that the customer can fill in if he wants to use the right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services remotely to the customer.
9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the sale of products and/or services remotely, the agreement is concluded by using only distance communication.
10. Technology for distance communication: any means by which the customer and entrepreneur can conclude an agreement, without being physically present at the same location.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

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Article 2 – Identity of the entrepreneur

by Light Studio | Paulina Pietryga
Hattemlaan 33,
2573WG, The Hague

E-MAIL info@bylightstudio.nl
KVK 72657626
BTW numberNL002480780B28

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Article 3 – Application of the conditions

  1. These conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer that are concluded.
  2. Before the distance contract is concluded, the text of these conditions will be offered to the consumer. If this is not reasonably possible, it will be indicated before the agreement is concluded that the conditions can be inspected at the entrepreneur and that they will be sent free of charge and as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the agreement is concluded, the text of these conditions can be made available electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the agreement is concluded where the conditions can be viewed electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer’s request.
  4. If, in addition to these conditions, specific conditions for products or services also apply, the second and third paragraphs apply accordingly and the consumer can, in the event of conflicting conditions, invoke the provision that is most advantageous to him.
  5. If one or more provisions in these conditions are at any time wholly or partially invalid or annulled, the agreement and the other conditions will remain in full force and the provision in question will be replaced immediately in consultation by a provision that approximates the purport of the original provision as closely as possible.
  6. Situations that are not covered by these terms and conditions should be assessed in accordance with the intention of these terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted in accordance with the intention of these terms and conditions.

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Article 4 – Description of the offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be clearly stated in the offer.
  2. The offer is without obligation. 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 enable the consumer to properly assess the offer. When the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot lead to compensation or termination of the agreement.
  5. Images of products are a true representation of the products offered. However, the entrepreneur cannot guarantee that the colours shown exactly match the actual colours of the products.
  6. Each offer contains sufficient information so that the consumer clearly understands what the rights and obligations are associated with accepting the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the way in which the agreement is concluded and which actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and execution of the agreement;
    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price; • the amount of the rate for distance communication, if the costs for using communication technology are calculated in a way other than the usual basic rate;
    • whether the agreement is archived after it has been concluded, and if so, how it is accessible to the consumer;
    • how the consumer, before entering into the agreement, can check the data he has provided in the context of the agreement and, if necessary, correct it;
    • any other languages in which the agreement can be concluded, in addition to Dutch;
    • the codes of conduct to which the entrepreneur has adhered and how the consumer can consult these codes electronically; and
    • the minimum duration of the distance contract in the event of a long-term transaction.


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Article 5 – Formation of the agreement

  1. The agreement is formed, subject to the provisions in paragraph 4, at the moment that the consumer accepts the offer and meets the conditions set.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed this acceptance, the consumer can cancel the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take suitable technical and organizational measures to protect the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can – within the legal framework – inquire whether the consumer can meet his payment obligations, as well as other facts and circumstances that are relevant to responsibly entering into the distance contract. If the entrepreneur has reasonable reasons not to enter into the contract based on this investigation, he can refuse an order or request with reasons or execute it under special conditions.
  5. When delivering the product or service to the consumer, the entrepreneur will provide the following information, in writing or in a manner that can be stored by the consumer in an accessible manner on a durable data carrier:
    • the address of the entrepreneur’s establishment where the consumer can go with complaints;
    • the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
    • the information about guarantees and existing after-sales service;
    • the data mentioned in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data before the execution of the contract;
    • the requirements for terminating the agreement, if the agreement has a duration of more than one year or is of indefinite duration.
  6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
  7. Each agreement is concluded under the condition of sufficient availability of the products in question.

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Article 6 – Right of withdrawal of the consumer

Upon delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and known to the entrepreneur.
  2. During the cooling-off period, the consumer must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess whether he wishes to keep the product. If the consumer exercises the right of withdrawal, he must return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to exercise the right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days of receipt of the product. This can be done via the model form or another means of communication such as e-mail. After making the right of withdrawal known, the consumer must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, for example with a proof of shipment.
  4. If the consumer has not indicated that he wishes to exercise the right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.

When delivering services:

  1. When delivering services, the consumer has the option to dissolve the agreement without giving reasons within at least 14 days, starting on the day the agreement is concluded.
  2. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions that the entrepreneur has provided with the offer and/or at the latest upon delivery.

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Article 7 – Costs when exercising the right of withdrawal

  1. When the consumer exercises his right of withdrawal, he is responsible for the maximum costs of returning the product.
  2. When the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This does depend on the fact that the product has already been received by the online retailer or that conclusive proof of the complete return can be provided. The refund will be made via the same payment method that the consumer used, unless the consumer explicitly agrees to another payment method.
  3. In the event of damage to the product due to careless actions by the consumer himself, the consumer is responsible for any possible decrease in value of the product.
  4. The consumer cannot be held responsible for any decrease in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.

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Article 8 – Exclusions from the right of withdrawal

  1. The entrepreneur can exclude the consumer’s right to withdraw from the agreement for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly states this in the offer, in any case in good time before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that have been manufactured by the entrepreneur on the basis of the specifications of the consumer;
    • that are unmistakably personal in nature;
    • that cannot be returned due to their nature;
    • that can spoil or age quickly;
    • the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence;
    • for individual newspapers and magazines;
    • for audio and video recordings and computer software of which the consumer has broken the seal;
    • for hygienic products of which the consumer has opened the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    • relating to accommodation, transport, restaurant services or recreational activities that are delivered on a specific date or within a certain period;
    • the delivery of which has begun with the explicit consent of the consumer before the cooling-off period has expired; • with regard to bets and lotteries.

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Article 9 – Price information

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Deviating from the previous paragraph, the entrepreneur can offer products or services with variable prices, the prices of which depend on fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any prices mentioned 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 are the result of statutory 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:
    • these are the result of statutory regulations or provisions; or
    • the consumer has the right to cancel the agreement from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
  6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

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Article 10 – Conformity and warranty conditions

  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 that apply on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The products must be returned in the original packaging and in undamaged condition.
  4. The entrepreneur’s warranty period is equal to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for specific applications by the consumer, nor for any advice on 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 conflict with the instructions of the entrepreneur and/or the treatment instructions on the packaging; • The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

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Article 11 – Delivery and execution of services/products

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The address that the consumer has given to the company is considered the place of delivery.
  3. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders as soon as possible, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If there is a delay in delivery, or if an order cannot be executed or can only be executed in part, 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 agreement free of charge. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from the stated terms. Exceeding a term does not entitle the consumer to compensation.
  5. In the event of dissolution as described in 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 the dissolution.
  6. If the delivery of an ordered product proves impossible, the entrepreneur will try to provide a replacement product. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of any return shipment are for the account of the entrepreneur.
  7. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

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Article 12 – Duration of the agreement: termination and extension

Termination

  1. The consumer can terminate an agreement that has been concluded for an indefinite period and that is aimed at the regular delivery of products (including electricity) or services, at any time, taking into account the agreed termination conditions and a notice period of up to one month.
  2. The consumer can terminate an agreement that has been concluded for a definite period and that is aimed at the regular delivery of products (including electricity) or services, at any time at the end of the agreed term, taking into account the agreed termination conditions and a notice period of up to one month.
  3. The consumer can terminate the agreements mentioned in the previous paragraphs:
    • on terminate at any time, without being limited to termination at a specific time or within a specific period;
  4. The consumer can terminate the agreements referred to in the previous paragraphs:
    • at any time, without being limited to termination at a specific time or within a specific period;
    • in any case terminate them in the same manner as they were concluded;
    • always terminate with the same notice period that the entrepreneur has agreed for himself.

Extension

  1. A contract concluded for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. Deviating from the previous paragraph, a contract concluded for a fixed period and aimed at the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a period of up to three months, provided that the consumer can cancel this extended contract at the end of the extension with a notice period of up to one month.
  3. A contract concluded for a fixed period and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period, provided that the consumer can cancel at any time with a notice period of up to one month and with a notice period of up to three months if the contract relates to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

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Article 13 – Payment conditions

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as described in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences as soon as the consumer has received confirmation of the agreement.
  2. The consumer is obliged to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.
  3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs indicated to the consumer in advance.

  4. A prepayment of 30-50% is required for photo services, depending on the service chosen. The remaining amount must be paid on the day of the service. If full payment is not received, further actions, such as editing or creating an online gallery, will not be carried out.

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Article 14 – Complaints procedure

  1. The entrepreneur has a sufficiently accessible complaints procedure and handles the complaint according to this procedure.
  2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within two months after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will receive a response within 14 days of receipt. If a complaint requires more time to be processed, the entrepreneur will respond within 14 days with a confirmation of receipt and indicate when the consumer can expect a more extensive answer.
  4. If the complaint cannot be resolved through mutual consultation, a dispute arises that falls under the dispute resolution procedure.
  5. Complaints can also be submitted via the European ODR platform.
  6. Submitting a complaint does not postpone the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
  7. If the complaint is found to be justified by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge at its discretion.

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Article 15 – Resolving disputes

  1. The agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.

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Article 16 – Additional or deviating

Additional or deviating provisions from these general terms and conditions may not be at the expense 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 data carrier.

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