General terms and condition of sale
General terms and conditions of sale
Article 1. Applicability
1.1 On all offers, orders and accordances of Modelbouw Shop Nederland, are exlusively of any other general terms and conditions these General terms and conditions of sale (then conditions) applicable.
1.2 To accept an offer or to place an order includes that you accept the applicability of these Conditions.
1.3 The provisions in these conditions may only in writing, and by Modelbouw Shop Nederland confirmed, be waived, in which case the other provisions stay in full force.
1.4 All rights and claims, such as in these conditions and in any further accordances for the benefit of Modelbouw Shop Nederland are stipulated, are also stipulated for the benefit of the middlemen, enabled by Modelbouw Shop Nederland.
Article 2. Offers/accordances
2.1 Every offer of Modelbouw Shop Nederland are optional and Modelbouw Shop Nederland keeps the right to modify their prices, esspecially when that on the base of (legal) affairs is necessary.
2.2 An accordance only comes into being after accepting of your order by Modelbouw Shop Nederland. Modelbouw Shop Nederland is qualified to refuse orders or to connect certain conditions to the delivery, unless expressly otherwise provided. If an order is not accepted, Modelbouw Shop Nederland must say it within ten days after receipt the order.
Article 3. Prices and payments
3.1 The published prices for the offered products and services are in Euro, including BTW and excluding act- and shippingcosts, unless otherwise is agreed in writing. Price-, model-, implementing changes and typographical errors reserved.
3.2 Payment must be made in advance, unless a different payment scheme is approved by us or has been agreed in writing.
3.3 Payments of orders must be made by bank transfer on our bank account number. Our payment term is 8 days after the invoice is sent by us to the customer.
3.4 When exceeding the term of payment are you from the day that payment should have taken place, our payment term is 8 days after the invoice has been sent to you, in default and are you from that day a delay interest rate of 2% per month or part of a month over the outstanding amount. If payment is made after reminder by Modelbouw Shop Nederland are you an amount of twenty-five Euro (Eur 25.0) administration fee due and if Modelbouw Shop Nederland outsources its claim for collection, you are also the collection costs due, which at least fifteen percent (15%) of the outstanding amount, without prejudice to the competence of Modelbouw Shop Nederland to instead the actual extrajudicial collection costs.
3.5 If you are in default on any payment, is Modelbouw Shop Netderland entitled (implementing) the agreement and related agreements to suspend or dissolve.
3.6 If prices for the offered products and services increase in the period between the order and the execution thereof, you are entitled to cancel the order or dissolve the agreement within ten (10) days after notice of the price increase by Modelbouw Shop Nederland.
Article 4. Delivery
4.1 The ordered goods are picked up by you or on behalf of or by an post or parcel service delivered to you. The risk of loss and or damage during the transport of Modelbouw Shop Nederland to the customer is always for the customer. You will be emailed informed about the order. Availability of articles depends on the stock in our warehouse and our manufacturers or suppliers.
4.2. The delivery times indicated by Modelbouw Shop Nederland are indicative. Delayed delivery does not entitle you to compensation nor the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery deadline is such that you cannot reasonably be required to maintain the agreement. In that case, you are entitled to cancel the order or dissolve the agreement in so far as this is necessary.
4.3 The delivery of the products shall be made on the place and time at which the products are ready for shipment to you.
4.4 If the ordered products are not available, Modelbouw Shop Nederland will inform you on the specified email adress.Modelbouw Shop Nederland will do up to three attemps to notify you of the fact that the article is not available.
Article 5. Retention of title
5.1 The ownership of delivered products proceed, if you already have what you owe to Modelbouw Shop Nederland, has met. The risk in respect of the products is for you at time of delivery.
Article 6. Intellectual and industrial property rights.
6.1 You should all intellectual and industrial property rights on the by Modelbouw Shop Nederland Modelbouw Shop Nederland products delivered to respect fully and unconditionally.
6.2 Modelbouw Shop Nederland does not guarantee that the delivered products do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Complaints and liability.
7.1 You have the obligation to examine whether the products meet the agreement. If this is not the case, you should Modelbouw Shop Nederland as soon as possible and in any event within eight days after the episode, at least after observation reasonably possible, in writing and sufficient detail.
7.2 If it is demonstrated that the products do not meet the agreement, Modelbouw Shop Nederland have the choice to replace the relevant products by new products or refund the invoice value.
7.3 We guarantee the proper functioning of the products delivered by us for the 6 months or such longer period as submitted by our suppliers in their instructions for use/warranty statements. This warranty is only maintained if the products are used according to the guidelines and application instructions provided by manufacturers are described in the enclosed instructions for use and when using/application such as in general is perceived as normal.
Article 8. Orders/communication
8.1 For misunderstandings, mutilations, delays or incomplete orders and notices as a result of the use of Internet or any other communication between you and Modelbouw Shop Nederland, or between and third parties, as far as relating to the relationship between you and Modelbouw Shop Nederland, is not be responsible in case of intent or gross negligence of Modelbouw Shop Nederland.
Article 9. Force majeure
9.1 Without prejudice to the other rights due to her Modelbouw Shop Nederland in the event of force majeure, has the right to, at its option, to suspend the execution of your order or to dissolve the agreement without judicial intervention, by you to communicate in writing and this without that Modelbouw Shop Nederland being held to any compensation, unless in the circumstances to standards of reasonableness and fairness would be unacceptable.
9.2 Force majeure means any shortcoming which can be attributed not to Modelbouw Shop Nederland, because it is not due to her fault and not under the law, legal act or generally accepted for her account.
Article 10. Miscellaneous
10.1 If you are entitled to that address to send all orders, unless you writing to Modelbouw Shop Nederland of another address to which your orders should be sent in writing to Modelbouw Shop Nederland of an address, Modelbouw Shop Nederland
10.2 Where, Modelbouw Shop Nederland for any length of time does not deviate allowed these conditions will not prejudice their right to demand immediate and strict compliance with these conditions. You shall never assert any right by virtue of the fact that Modelbouw Shop Nederland these conditions smoothly.
10.3 If one or more provisions of these terms or any other agreement with Modelbouw Shop Nederland in conflict with any applicable provision, the provision will lapse and will be replaced by adopting a by Modelbouw Shop Nederland new law lawful condition.
10.4 Modelbouw Shop Nederland is competent in the execution of your order (s) use of third parties.
10.5 Orders that can not be delivered because of an incorrect delivery address or as defined in paragraph 4.4 are at the property after one year Modelbouw Shop Nederland.
Article 11. Governing law and jurisdiction
11.1 All rights, obligations, offers, orders and agreements to which these conditions apply, including these conditions, only Dutch law.
11.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.
Disclaimer
Although compiling the content of this site to the greatest possible care, Model Shop Netherlands excludes any liability for errors, omissions and possible consequences of acting on the basis of information available on or through this site.
Any reproduction of this site is strictly prohibited without the written consent of Model Shop Nederland.Niets from the text or graphics on this site may be reproduced without written permission from Model Shop Netherlands created and / or published in any form or by any means, by print, photocopy, fax, typing or storage in a retrieval system.
Requests for permission or further information should be addressed to: Modelbouw Shop Nederland, Yerseke
