|
Home
|
Payment
|
Shipping
|
Loyalty
Discount |
Reservations
|
Damage
& Returns |
FAQ
|
About Us
|
Guestbook
|
Log In
 |
|
 Your cart is empty |
Some highlights from our terms and conditions:
1.2 These terms and conditions also apply to subcontracts or follow-up assignments.
1.3 Accepting an offer or placing an order implies that the Client accepts these terms and conditions. The Contractor does not have to present the terms and conditions if the same Client.
1.4 Deviation or addition of these general terms and conditions can only be agreed in explicit consent and in writing.
Client: a natural person with whom the Contractor has come to an agreement to deliver goods or provide services.
Contract: all agreements between Client and Contractor concerning the shipping of goods, provision of services, performing assignments and performing other activities, as well as all (legal) acts that relate to the preceding.
3.2 An agreement is only established after written confirmation by the Contractor. The Contractor reserves the right to refuse a Client’s order, or to designate certain conditions to the shipping, unless explicitly stated otherwise.
3.3 All products as advertised on the Contractor’s website are only suitable for those 14 years or older, unless explicitly stated otherwise. All products also are only intended to be exhibited. Contractor hereby expressly disclaims all liability for any damage, injury or loss as a result of any other usage of said products.
3.4 Commercial resale of products delivered by the Contractor is not permitted. In the event of resale to another natural person, Client is obliged to inform the new owner of the goods of the applicability of these terms and conditions. Contractor expressly disclaims all liability for any damage, injury or loss caused by resold products.
4.2 The prices do not include VAT for Clients located outside the European Union. Outside the European Union local taxes may apply, exclusively at the expense of the Client.
4.3 Contractor explicitly reserves the right to adjust the prices at any time, in particular when this is essential based on (legal) regulations. In case of contradictions, errors in prices or any other errors on the website, no liability is accepted by the Contractor. Client will not be able to derive any rights to such incorrect information.
5.2 Indicated delivery times are only indicative. Exceeding such terms does not result in compensation for the Client, nor the right to cancel the order or to dissolve the Contract, unless the exceeding is of such a nature that dissolution of the Contract is reasonable.
5.3 If during the execution of the Contract it appears that for a proper execution thereof, or to assure shipping within a reasonable period, an amendment or supplementation of the Contract is necessary, the parties shall mutually agree to amend the Contract as soon as possible.
5.4 In the delivery of the goods to Client cannot be completed, or if the Client does not collect the goods within the specified period set by the courier service authorized by the Contractor, the ordered goods will be returned to the Contractor. In this event the Contractor will reimburse the full order amount including VAT, excluding relevant transaction costs, shipping costs and packaging costs.
6.2 Goods delivered by the Contractor, which fall under the scope of article 6.1, may not be resold and / or used as a means of payment. Also, the Client is in no way authorized to pawn or encumber these goods.
6.3 If any third parties seize the goods delivered by the Contractor, which fall under the scope of article 6.1, the Client is obliged to make a written statement to the Contractor immediately.
6.4 Client is obliged to insure the goods delivered by the Contractor, which fall under the scope of article 6.1, as well to keep them protected against fire, explosion damage and water damage, as well as theft. Client is obliged to hand over the insurance policy to the Contractor if requested.
7.2 If it appears that the delivered article does not meet those standards and requirements, is deficient or incomplete, the Client shall report these shortcomings in writing to the Contractor within 14 days of receipt, after which the Contractor will assess whether a returns procedure must be initiated.
7.3 During a returns procedure the Client will return the product to the Contractor, with all associated components and in as far as reasonably possible, its original state and packaging. The responsibility for a proper return is that of the Client.
7.4 If the Client’s report, as referred to in article 7.2, is deemed valid by the Contractor, the Contractor shall repair or replace the returned items free of charge. Without limiting the generality of the foregoing, Contractor hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product service or modification by a party that is not approved by Contractor.
7.5 Any liability of the Contractor in the event of damages is limited to the invoiced amount regarding the delivered items, or the amount which is covered by the liability insurance of the Contractor. The Contractor is not liable for any other type of damage, including additional compensations, indirect compensations, consequential loss or compensation for lost profits.
8.2 During this period, the Client will handle the items and packaging carefully. Client will only unpack or use the product as far as necessary in order to be able to determine the characteristics and functioning of the items. The Client shall be liable for any diminished value of the items which is the result of a way of dealing with the items beyond permitted in the foregoing.
8.3 The returns procedure shall be completed within a period of 28 days after physical acquirement of the items by the Client. The risk and the burden of proof for correct and timely exercise of the returns procedure is on the consumer.
8.4 After a complete return of in compliance with this article, with the items and packaging in its original state, the Contractor will pay a full refund to the Client.
9.2 In event of a Force Majeure, Contractor reserves the right to suspend its obligations and to terminate the Contract without legal intervention or to demand that the Contract will be amended so that fulfilment of the Contract remains possible. In no event is the Contractor liable for any compensation or penalty, unless this would be unacceptable in the given circumstances by reasonableness and fairness.
10.2 The Contractor shall take all reasonable precautions to keep the confidential information classified and guarantees that employees or other persons involved in the fulfilment of the Contract under his responsibility will also comply with this duty.
11.2 If a provision is deemed invalid, or under the given circumstances by standards of reasonableness and fairness is deemed unacceptable, the parties will undertake to replace the provision with a valid provision, established in mutual agreement.
- All items we sell are collectibles only suitable for ages 14 years and up, unless otherwise stated. The models we sell are collectors items only intended to be displayed.
- We only sell to private persons. Commercial resale of all items we sell is strictly forbidden.
- For customers inside the European Union all prices include VAT. For customers outside the European Union the prices do not include VAT. Outside the European Union local taxes may apply, at the expense of the customer.
- Ordered items can be returned within 14 days after reception. However, we will only accept returned items if the items are in the same condition as we have sent it to the customer. If the returned items are accepted we will refund the payment within 14 days. If a complete order is returned we will also refund the costs of the cheapest shipping method to your country. We will not pay the shipping costs for sending back the goods.
- In the event the parcel is not accepted or collected by the customer the parcel will be returned to us automatically. In that case we will refund your order excluding the shipping costs and payment costs (if applicable).
- In the postal and courier systems unexpected delays may occur. A delay can never be a reason for a refund. Only once the transport company confirms that a parcel is lost a full refund will be applied.
TERMS AND CONDITIONS
Article 1 - Applicability of terms and conditions
1.1 These terms and conditions are applicable to all applications, quotations, offers, orders, order confirmations, agreements and other legal acts relating to supplying goods, the provision of services, performing assignments and performing other activities.1.2 These terms and conditions also apply to subcontracts or follow-up assignments.
1.3 Accepting an offer or placing an order implies that the Client accepts these terms and conditions. The Contractor does not have to present the terms and conditions if the same Client.
1.4 Deviation or addition of these general terms and conditions can only be agreed in explicit consent and in writing.
Article 2 - Definitions as used in these terms and conditions
Contractor: ScaleModelStore.com, with registered office at (2031BP) Haarlem on the address Waarderweg 56, registered in the trade register of the Chamber of Commerce under number 34215729;Client: a natural person with whom the Contractor has come to an agreement to deliver goods or provide services.
Contract: all agreements between Client and Contractor concerning the shipping of goods, provision of services, performing assignments and performing other activities, as well as all (legal) acts that relate to the preceding.
Article 3 - Offers
3.1 All quotations and offers by the Contractor are without obligation, unless an acceptance period is included in het offer. The quotation or offer lapses if the products referred to in the offer are no longer available or in stock.3.2 An agreement is only established after written confirmation by the Contractor. The Contractor reserves the right to refuse a Client’s order, or to designate certain conditions to the shipping, unless explicitly stated otherwise.
3.3 All products as advertised on the Contractor’s website are only suitable for those 14 years or older, unless explicitly stated otherwise. All products also are only intended to be exhibited. Contractor hereby expressly disclaims all liability for any damage, injury or loss as a result of any other usage of said products.
3.4 Commercial resale of products delivered by the Contractor is not permitted. In the event of resale to another natural person, Client is obliged to inform the new owner of the goods of the applicability of these terms and conditions. Contractor expressly disclaims all liability for any damage, injury or loss caused by resold products.
Article 4 - Prices
4.1 The prices stated are in euros, VAT included and any relevant transaction costs, shipping costs and packaging costs excluded.4.2 The prices do not include VAT for Clients located outside the European Union. Outside the European Union local taxes may apply, exclusively at the expense of the Client.
4.3 Contractor explicitly reserves the right to adjust the prices at any time, in particular when this is essential based on (legal) regulations. In case of contradictions, errors in prices or any other errors on the website, no liability is accepted by the Contractor. Client will not be able to derive any rights to such incorrect information.
Article 5 - Shipping
5.1 All offers are depending on availability.5.2 Indicated delivery times are only indicative. Exceeding such terms does not result in compensation for the Client, nor the right to cancel the order or to dissolve the Contract, unless the exceeding is of such a nature that dissolution of the Contract is reasonable.
5.3 If during the execution of the Contract it appears that for a proper execution thereof, or to assure shipping within a reasonable period, an amendment or supplementation of the Contract is necessary, the parties shall mutually agree to amend the Contract as soon as possible.
5.4 In the delivery of the goods to Client cannot be completed, or if the Client does not collect the goods within the specified period set by the courier service authorized by the Contractor, the ordered goods will be returned to the Contractor. In this event the Contractor will reimburse the full order amount including VAT, excluding relevant transaction costs, shipping costs and packaging costs.
Article 6 - Retention of title
6.1 All goods delivered by the Contractor to the Client remain property of the Contractor, so long as the Client has not fulfilled the obligations as stated in the Contract.6.2 Goods delivered by the Contractor, which fall under the scope of article 6.1, may not be resold and / or used as a means of payment. Also, the Client is in no way authorized to pawn or encumber these goods.
6.3 If any third parties seize the goods delivered by the Contractor, which fall under the scope of article 6.1, the Client is obliged to make a written statement to the Contractor immediately.
6.4 Client is obliged to insure the goods delivered by the Contractor, which fall under the scope of article 6.1, as well to keep them protected against fire, explosion damage and water damage, as well as theft. Client is obliged to hand over the insurance policy to the Contractor if requested.
Article 7 - Warranty
7.1 Contractor shall make an effort to ensure that delivered goods are free from defects and comply with the usual standards and requirements that can reasonably be imposed on them.7.2 If it appears that the delivered article does not meet those standards and requirements, is deficient or incomplete, the Client shall report these shortcomings in writing to the Contractor within 14 days of receipt, after which the Contractor will assess whether a returns procedure must be initiated.
7.3 During a returns procedure the Client will return the product to the Contractor, with all associated components and in as far as reasonably possible, its original state and packaging. The responsibility for a proper return is that of the Client.
7.4 If the Client’s report, as referred to in article 7.2, is deemed valid by the Contractor, the Contractor shall repair or replace the returned items free of charge. Without limiting the generality of the foregoing, Contractor hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product service or modification by a party that is not approved by Contractor.
7.5 Any liability of the Contractor in the event of damages is limited to the invoiced amount regarding the delivered items, or the amount which is covered by the liability insurance of the Contractor. The Contractor is not liable for any other type of damage, including additional compensations, indirect compensations, consequential loss or compensation for lost profits.
Article 8 - Right of withdrawal
8.1 Clients that have entered in a Contract through Contractor’s website have the legal right to withdraw from the Contract without stating any reason within 14 days. The withdrawal period shall expire 14 days from the day on which Client has acquired physical possession of the goods referenced in the Contract. Client shall inform the Contractor of his intention to return the goods as soon as possible in writing, but at least within 14 days of delivery.8.2 During this period, the Client will handle the items and packaging carefully. Client will only unpack or use the product as far as necessary in order to be able to determine the characteristics and functioning of the items. The Client shall be liable for any diminished value of the items which is the result of a way of dealing with the items beyond permitted in the foregoing.
8.3 The returns procedure shall be completed within a period of 28 days after physical acquirement of the items by the Client. The risk and the burden of proof for correct and timely exercise of the returns procedure is on the consumer.
8.4 After a complete return of in compliance with this article, with the items and packaging in its original state, the Contractor will pay a full refund to the Client.
Article 9 - Force Majeure
9.1 Contractor is not liable for any shortcoming that is due to an event which is not within the reasonable control of the Contractor, and which by the exercise of reasonable care such event could not have been reasonably foreseen, avoided and/or overcome.9.2 In event of a Force Majeure, Contractor reserves the right to suspend its obligations and to terminate the Contract without legal intervention or to demand that the Contract will be amended so that fulfilment of the Contract remains possible. In no event is the Contractor liable for any compensation or penalty, unless this would be unacceptable in the given circumstances by reasonableness and fairness.
Article 10 - Confidentiality
10.1 The Contractor has an obligation to maintain confidentiality of all (business related) information that he has obtained within the process of conclusion and fulfilment of the Contract and of which the Client has indicated that it concerns confidential information or of information which the Contractor knows or reasonably should know it must be treated confidentially. The Contractor will only provide this information to third parties if this is necessary for the fulfilment of the Contract and with permission of the Client.10.2 The Contractor shall take all reasonable precautions to keep the confidential information classified and guarantees that employees or other persons involved in the fulfilment of the Contract under his responsibility will also comply with this duty.
Article 11 - Invalidity of one or more provisions
11.1 Invalidity of a provision in these terms and conditions or any agreement does not affect the validity of other provisions within these terms and conditions or the agreement.11.2 If a provision is deemed invalid, or under the given circumstances by standards of reasonableness and fairness is deemed unacceptable, the parties will undertake to replace the provision with a valid provision, established in mutual agreement.