Terms And Conditions - Diecast Trading V.O.F.

Index:

Article   1 - Definitions

Article   2 - Identity of entrepreneur

Article   3 - Relevance

Article   4 - The offer

Article   5 - The agreement

Article   6 - Right of withdrawal

Article   7 - Obligations of the customer during cooling-off period

Article   8 - Exercising the right of withdrawal by the consumer and costs

Article   9 - Obligations of the trader in case of withdrawal

Article 10 - The Price

Artikel 11 - Conformity and guarantee

Artikel 12 - Delivery and performance

Artikel 13 - Payment

Artikel 14 - Complaints

Artikel 15 - Disputes

Artikel 16 - Liability

Artikel 17 - Retention

Artikel 18 - Data management

Artikel 1 - Definitions

In these conditions apply:

1. Supplementary agreement: an agreement whereby the consumer products, digital content and / or services acquired in connection with a distance contract and these goods, digital content and / or services are provided by the trader or by a third party on the basis of an agreement between the third party and the trader; 
2. Cooling-off period: the term within which the customer can excersise his right to withdraw;
3. Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;
4. Day: calenderday;
5. Digital content: data which can be delivered and produced digital;
6. Consultancy agreement: an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period;
7. Durable medium: any device - including also e-mail - that the consumer or business that enables information to him personally, store in a way that future consultation or use for a period appropriate to the purpose for which the information intended, and which allows the unchanged reproduction of the information stored;
8. Right of withdraw: the possibility for the consumer to withdraw the agreement within the cooling-off period;
9. The entrepreneur: de natural person or corporation which provides products, acces to digital content and/or services from a distance to consumers;
10. Distance contract: an agreement between the trader and the consumer is concluded in the framework of an organized system for distance selling of goods, digital content and / or services, up to and including the conclusion of the agreement exclusively or is made using one or more means of distance communication;
11. Technology for distance communication: tools that can be used to conclude a contract, without the consumer and entrepreneur have to be together in the same room.

Article 2 - Identity of Entrepreneur

Diecast Trading V.O.F.;

Europalaan 400 (KAN-TOREN 7th floor)
3526KS, Utrecht, The Netherlands;

E-mail: [email protected]

Chamer of Commerce: 66779413

VAT idenfiticationnumber: NL856694514B01

Article 3 - Relevance

1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
2. Before the contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, the entrepreneur will forward the terms and conditons without cost, at the request of the consumer.
3. In the event that besides these general conditions also specific product or service conditions apply, previous paragraph shall apply and in case of conflicting terms, the customer can always rely on the applicable provision that is most favorable to him.

Article 4 - The offer

1. If an offer has a restricted validity duration, this shall be mentioned expressly in the offer. The offer contains a complete and correct description of the offered products and/or services. The description is detailed enough to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a true depiction of the offered products and services. Obvious mistakes or errors in the offer don’t bind the entrepreneur.
2. Every offer presents information in such a way that it is immediately clear to consumer what the rights and obligations are that are tied to the acceptance of the offer.
3. No rights can be reserved to pictures of the offered articles. For example colors can differ from the reality. 

Article 5 - The agreement

1. The agreement is established, with reservation of the stipulation in paragraph 4, at the moment the consumer accepts the offer and the conditions tied to that particular offer.

2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the entrepreneur.

3. If the contract is concluded electronically, the entrepreneur will take suitable technical and organisational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will take suitable security measures.

4. The entrepreneur may obtain information – within statutory frameworks – about the consumer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. Should that research give the entrepreneur proper grounds for declining to conclude the contract, then he has a right, in a reasoned manner, to reject an order or application or to bind its implementation to special conditions.

5. Together with the product or service, the entrepreneur will send to the consumer the following information, in writing, or in such a way that the consumer can store it on an accessible durable data carrier:

   1. The visiting address of the entrepreneur’s business location where the consumer can file complaints;

   2. The conditions under which the consumer can make use of the right of withdrawal and the method for so doing, or a clear statement relating to the exclusion of the right of withdrawal;

   3. Information on guarantees and existing after-sales service;
   4. The data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these prior to concluding the contract;
   5. The requirements for terminating the contract, if the duration of the contract exceeds one year or is indefinite.
   6. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.

Article 6 - Right of Withdrawal

1. Upon delivery of products:

   When purchasing products, a consumer has the possibility of dissolving the contract, without giving reasons, during 14 days. This cooling-off period commences on the day after the product was received by the consumer or a representative previous designated by the consumer and announced to the entrepreneur.
   During the cooling-off period, the consumer will handle the product and its packaging carefully. He will only unpack or use the product as far as necessary in order to be able to assess whether he wishes to retain the product. If he wishes to exercise his right of withdrawal, then he will return the product to the entrepreneur, with all associated components, and, in as far as this is reasonably possible, in the original state and packaging, in accordance with the reasonable and clear instructions that were provided by the entrepreneur.

2. Models can never be returned for the following reasons;

   1. Cockpit/window, cheatline allignment/placement either too high, too low or slightly crooked, however, smudged or defective printing is considered a defect. 

   2. Mis-printed registrations or other mis-prints even if altered slightly from as advertised.

   3. Any issue that is not noticeable under normal lighting and viewing conditions with the naked eye, or when the color is slighly off than the customer expected. 

   4. Loose parts (non-broken) which can easily be (re)-glued (to the model). When the buyer has tried to repair the damage/defect/loose parts to/of the item, with or without consulting the entrepreneur in advance, but/and failed to do so in a proper manner, warranty for refund/exchange/store credit will be not be awarded.

   5. Gears that do not "roll" or wheels that do not touch the ground (ie float) when the model is placed on a flat surface is not considered a defect.

   6. Bend parts (like gears and wings). This can happen due to transit. These models are diecast and most bend parts can be easily bend into shape again. Just bend the part back into shape with care.

   7. If the damage or defect is caused by mistreatment of the model due to falling or any other way of mistreatment of a collection-item. These models are no toys.

   8. Variations in the clear coat or polished metal.

   9. Surface imperfections that are not visible when the model is displayed on its wheels or a stand (like underneath the wings/fuselage). This includes but is not limited to, variations in the clear coat or polished metal, small amounts of excessive glue/paint, or very light rub marks.

   10. Any issue that is not noticable under normal lighting and viewing conditions without a magnifying glass or spot lighting conditions. This includes, but is not limited to, light surface scratches that do not go through the paint. Scratches over printed areas would be returnable.

Article 7 - Obligations of the customer during cooling-off period

1. During this period the consumer will treat the product and packaging with respect. He will only extract the product or use to the extent that is necessary in order to determine the nature, characteristics and functioning of the product. The premise here is that the consumer should only handle and inspect the product as he would be allowed to do in a shop. All products offered are collectors items, not toys and should therefore all be so treated.
2. The consumer shall only be liable for diminished value of the product which is the result of a way of dealing with the product beyond permitted in paragraph 1.
3. The consumer is not liable for diminished value of the product as the entrepreneur him not to or at the conclusion of the agreement has provided all information required by law about the right of withdrawal.

Article 8 - Exercising the right of withdrawal by the consumer and costs​

1. If the consumer exercises his right of withdrawal, he shall within the cooling-off period using the model withdrawal form or any other unequivocal manner to the entrepreneur.
   As soon as possible but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, whether he hands it to (a representative of) the entrepreneur.
2. The consumer shall send back the product with all accessories in new condition and original packaging and in accordance with the reasonable and clear instructions provided by the entrepreneur. If the goods are used in, encumbered or damaged in any way, the right of withdraw terminates under this paragraph.
3. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal on the consumer.
4. The consumer must bear the direct cost of returning the product.
   If the consumer exercises his right of withdrawal, he agree to cancele all additional agreements of law.

Article 9 - Obligations of the trader in case of withdrawal

1. If the entrepreneur allows receivement of the notification of withdraw ditigal. He will send a acknowledgement directly upon receipt.
2. The entrepreneur will pay the refund within 14 days after which the entrepreneur has received the returned product.
3. The entrepreneur uses the same means of payment used by the customer for reimbursement unless the consumer agrees to a different method. The repayment is free of charge for consumers.
4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs of the more expensive method.

Article 10 - The price

1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not increase, except for price changes in VAT rates.
2. In deviation of the previous paragraph, the entrepreneur may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
3. Price increases within 3 months after the agreement was concluded are only permitted if they are the result of statutory regulations or stipulations.
   Price increases more than 3 months after the agreement was concluded are only permitted if the entrepreneur stipulated this and these are the result of statutory regulations or stipulations; or the consumer has the authority to terminate the contract on the day on which the price increase takes effect.
4. Prices stated in offers of products or services are not including VAT, since the Dutch Tax Authorithy has special regulations for used articles, 0% VAT. If articles are not included in these rules the prices are including VAT.

Article 11 - Conformity and guarantee

1. The entrepreneur guarantees that the products and/or services meet the needs as mentioned in the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the entrepreneur also guarantees that the product is suited for other than normal use.
   A guarantee arrangement offered by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the contract, can enforce against the entrepreneur.

Article 12 - Delivery and performance

1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
   The place of delivery is deemed to be the address that the consumer makes known to the company.
2. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will perform accepted orders with efficient expedition, though at the latest within 30 days, unless a longer period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be performed, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. The consumer shall in such a case carry the right to dissolve the contract free of charge and a right to possible damages.
3. In the case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the consumer the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.
4. Should delivery of a product that has been ordered prove impossible, the entrepreneur will attempt to provide a replacement article. The fact that a replacement article is being delivered will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be excluded for replacement articles. The costs of returning products will be borne by the entrepreneur.
5. The risk of damage and/or loss of products rests upon the entrepreneur up to the moment of delivery to the consumer or a representative previously designated by the consumer and announced to the entrepreneur, unless expressly agreed otherwise.
6. In case an order is offered for pick up at a location appointed by the carrier (being, but not limited to a postoffice, DHL Parcelshop, DHL Servicepoint, any other pick up point from a DHL partner) and is not collected, the carrier will start the return proces. In such event the consumer is obliged to pay the shipping charges for the second time to gain posession of the order. In case the consumer cancels the order a restocking fee of 10% will be charged. The restocking fee will be calculated over the total order value.

Article 13 - Payment

1. Payment must be done before dispatching the order. Without payment the product(s) are not reserved, unless otherwise agreed.
2. The consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
   The consumer is obliged to report immediately any inaccuracies in payment data provided or stated to the entrepreneur.
   In the event of non-payment on the part of the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.

Artikel 14 - Complaints

1. The entrepreneur possesses a complaints procedure that has been given sufficient transparency, and will deal with a complaint in accordance with this complaints procedure.
2. Complaints about exercising the contract must be submitted to the entrepreneur without delay, in their entirety and clearly defined, after the consumer has discovered the defects.
3. A reply to complaints submitted to the entrepreneur will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the entrepreneur will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
4. If the complaint cannot be solved in joint consultation, then it becomes a dispute that is subject to the disputes settlement scheme.

Article 15- Disputes

1. Contracts entered into between the entrepreneur and a consumer and which are subject to these general terms and conditions are subject expressly to Dutch law.

Article 16 - Liability

1. Under no cirumstances Diecast Trading V.O.F. is liable for damage to people, vehicles or other objects occur upon improper use of the products. Before use, read the instructions on the packaging and / or consult our website and / or demand Diecast Trading V.O.F. by e-mail instructions for proper use of purchased products. Please note all items offered by Diecast Trading V.O.F. are collectors items, no toys!

Artikel 17 - Retention

1. The ownership of products is transferred only when customer complied with all a agreed terms under any agreement with the employer. The risk of the goods shall pass at the time of delivery to you. The statutory cooling-off period is fourteen days. The 14 days begin when the consumer receives the product.

Article 18 - Data Management

1. If you place an order, your data will be included in the customer base of the entrepreneur. This adheres to the Wet Persoonsregistratie (Data Protection Act) and will NOT provide your information under any circumstances to third parties.

2. The entrepreneur respects the privacy of the users of the website and ensures confidentiality of your personal information.

3. The entrepreneur reserves itself the right to make use of a mailing list. Should you not wish to receive our newsletter, contact the entrepreneur.

In the event of discrepancies between the Dutch text and its English translation, the original Dutch text in all cases legal