Terms and Conditions
Article 1 - Definitions
In these conditions the following terms have the following meanings:
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance;
Distance contract: an agreement whereby, in the context of a system organised by the entrepreneur for the distance sales of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Products: one or more articles that are part of the consumer's order;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same space at the same time;
Transaction duration: the duration from the moment of ordering by the consumer up to and including the moment the transaction is fully completed, including payment, shipping, receipt and acceptance by the consumer of the product.
Article 2 - Identity of the entrepreneur
Mayak Amsterdam
Business & visiting address:
Joris Ivensplein 80
1087 BP Amsterdam
E-mail: info@mayak-amsterdam.nl
KvK-number: 80668631
BTW-number: NL003477820B41
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they are consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that applies to him. most beneficial.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. 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;
• the possible costs of delivery;
• the way in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery or performance of the agreement;
• the term for accepting the offer, or the term for adhering to the price;
• the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
• whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if necessary, restore it;
• any languages in which, in addition to Dutch, the agreement can be concluded;
• the behavioural codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioural codes electronically.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the implementation.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
• the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information about existing after-sales service and guarantees;
• the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement.
Article 6 - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason during 14 (fourteen) days. This period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all 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.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of return shall not exceed the costs of the purchased items.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or cancellation.
3. The consumer covers the costs of sending the returning items to the entrepreneur.
Article 8 - Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
• that have been created by the entrepreneur in accordance with the consumer's specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• for individual newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
• concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
• the delivery of which started with the express consent of the consumer before the reflection period has expired;
• concerning bets and lotteries.
Article 9 - The price
1. The stated prices of the products offered cannot be increased by the entrepreneur during the transaction period, except for price changes as a result of changes in VAT rates.
2. The prices stated in the offer of products include VAT.
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 reliability and / or usability and the legal requirements existing on the date of the conclusion of the agreement provisions and / or government regulations. 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.
Article 11 - Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
2. The place of delivery is the address that the consumer makes known to the company.
3. With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 14 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 14 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
5. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Payment
1. Unless otherwise agreed, the consumer must, prior to the sending of the products by the entrepreneur, fully pay the amounts owed for the products as well as the packaging and shipping costs to the entrepreneur, by means of an iDEAL payment or by bank transfer.
2. Payment methods other than the iDEAL payment or bank transfer referred to in paragraph 1 of this article can only be agreed upon with the express written approval of the entrepreneur.
3. The consumer has the duty to immediately report inaccuracies in data supplied or specified payment to the entrepreneur.
4. In the event that payment is made through other means than in paragraph 1 of this article, this only after approval from the entrepreneur, and there is non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to to charge the consumer with reasonable costs.
Article 13 - Complaints procedure
1. The entrepreneur has a well-publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur promptly, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
Article 14 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 15 - Additional or deviating provisions
Additional provisions or provisions deviating 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.
Article 15 - Additional or deviating provisions
Additional provisions or provisions deviating 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.
In these conditions the following terms have the following meanings:
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance;
Distance contract: an agreement whereby, in the context of a system organised by the entrepreneur for the distance sales of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Products: one or more articles that are part of the consumer's order;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same space at the same time;
Transaction duration: the duration from the moment of ordering by the consumer up to and including the moment the transaction is fully completed, including payment, shipping, receipt and acceptance by the consumer of the product.
Article 2 - Identity of the entrepreneur
Mayak Amsterdam
Business & visiting address:
Joris Ivensplein 80
1087 BP Amsterdam
E-mail: info@mayak-amsterdam.nl
KvK-number: 80668631
BTW-number: NL003477820B41
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they are consumer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that applies to him. most beneficial.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. 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 make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. 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;
• the possible costs of delivery;
• the way in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery or performance of the agreement;
• the term for accepting the offer, or the term for adhering to the price;
• the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
• whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if necessary, restore it;
• any languages in which, in addition to Dutch, the agreement can be concluded;
• the behavioural codes to which the entrepreneur is subject and the way in which the consumer can consult these behavioural codes electronically.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the implementation.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
• the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information about existing after-sales service and guarantees;
• the information included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement.
Article 6 - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason during 14 (fourteen) days. This period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all 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.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of return shall not exceed the costs of the purchased items.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the return or cancellation.
3. The consumer covers the costs of sending the returning items to the entrepreneur.
Article 8 - Exclusion of right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
• that have been created by the entrepreneur in accordance with the consumer's specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• for individual newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
• concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
• the delivery of which started with the express consent of the consumer before the reflection period has expired;
• concerning bets and lotteries.
Article 9 - The price
1. The stated prices of the products offered cannot be increased by the entrepreneur during the transaction period, except for price changes as a result of changes in VAT rates.
2. The prices stated in the offer of products include VAT.
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 reliability and / or usability and the legal requirements existing on the date of the conclusion of the agreement provisions and / or government regulations. 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.
Article 11 - Delivery and implementation
1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
2. The place of delivery is the address that the consumer makes known to the company.
3. With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 14 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 14 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
5. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Payment
1. Unless otherwise agreed, the consumer must, prior to the sending of the products by the entrepreneur, fully pay the amounts owed for the products as well as the packaging and shipping costs to the entrepreneur, by means of an iDEAL payment or by bank transfer.
2. Payment methods other than the iDEAL payment or bank transfer referred to in paragraph 1 of this article can only be agreed upon with the express written approval of the entrepreneur.
3. The consumer has the duty to immediately report inaccuracies in data supplied or specified payment to the entrepreneur.
4. In the event that payment is made through other means than in paragraph 1 of this article, this only after approval from the entrepreneur, and there is non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to to charge the consumer with reasonable costs.
Article 13 - Complaints procedure
1. The entrepreneur has a well-publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur promptly, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
Article 14 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 15 - Additional or deviating provisions
Additional provisions or provisions deviating 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.
Article 15 - Additional or deviating provisions
Additional provisions or provisions deviating 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.