1. General
1.1 These conditions are applicable to all offers, orders and agreements concluded through the web store of Dutch Model Cars, to the exclusion of any other general conditions. By concluding an agreement between consumer and Dutch Model Cars through the procedure as described in article 2 of these General Terms and Conditions, you expressly accept these General Terms and Conditions.
1.2 Dutch Model Cars has every right to modify these General Terms and Conditions and the content of its web store.
2. Offers, agreements and payment
2.1 All offers on www.dutchmodelcars.com are without obligation. Dutch Model Cars reserves the right to withdraw offers. All offers are subject to availability. Price changes reserved.
2.2 An agreement between Dutch Model Cars and consumer is established at the moment that the consumer has placed an order by sending an e-mail to info@dutchmodelcars.com containing the desired product(s) and the correct address of the consumer.
2.3 After Dutch Model Cars has received the order from the consumer, Dutch Model Cars will send the consumer a confirmation of receipt via email, stating the cost of the product(s) ordered, shipping costs and the total amount to be transferred to an account number to be specified.
2.4 Before shipping the ordered goods, Dutch Model Cars must have received the total amount due.
2.5 Dutch Model Cars remains the owner of the product(s) to be delivered until the purchase price has been paid in full.
2.6 In case consumer does not comply with what has been agreed upon regarding payment, Dutch Model Cars has the right to dissolve the agreement extrajudicially with immediate effect or to suspend its obligations.
2.7 All statements by Dutch Model Cars of numbers, specifications and/or other indications of products are made with care. However, Dutch Model Cars cannot guarantee that no deviations can occur in this regard.
2.8 Dutch Model Cars’ administration, subject to proof to the contrary, serves as proof of the orders and payments made by the consumer to Dutch Model Cars and of deliveries made by Dutch Model Cars. Dutch Model Cars acknowledges that electronic communications may be used as evidence. By accepting the Terms and Conditions, the customer also acknowledges this.
3. Prices and shipping costs
3.1 All prices for the offered goods are expressed in euros and include sales tax (VAT), unless explicitly stated otherwise, and exclude shipping costs.
3.2 PostNL’s shipping rates are used for any order in the Netherlands. Changes in this rate guide will be implemented and -charged to consumer. Shipping cost is the cost of shipping and packaging materials.
3.3 On pre-order models we apply a deposit of €25 and shipping costs. These costs will be deducted from the total price later when the scale model is received. The purchase price is listed in the text box. Dutch Model Cars unfortunately cannot return deposits unless the scale model ordered is undeliverable.
3.4 If a pre-order model is cancelled, the deposit will not be returned.
4. Personal data
4.1 Dutch Model Cars will process consumer’s personal data and include it in one or more files. These files will be available for the use of Dutch Model Cars only. At Dutch Model Cars, the purpose of processing consumers’ personal data is to be able to fulfill the agreement entered into with consumers, as well as to be able to make offers and news personally addressed to consumers. Consumer data will not be provided to third parties.
4.2 The personal data processed by us are all data provided by consumer to Dutch Model Cars.
4.3 If consumer does not appreciate Dutch Model Cars making personalized offers or news, consumer can let Dutch Model Cars know by e-mail. Dutch Model Cars will then immediately stop this processing of consumer personal data.
5. Deliveries/shipping deadlines.
5.1 Deliveries shall be made only after all obligations have been fulfilled.
5.2 The shipping time is normally a maximum of five (5) business days after the payment due from consumer has been received by Dutch Model Cars. Shipping times are indicative and not a deadline. We ship on Mondays, Wednesdays and Fridays.
5.3 The consumer is obliged to take delivery of the products purchased at the time they are available to him.
6. Damages/Liability
6.1 Dutch Model Cars is not liable for any damage to original packaging of the shipped products, as this damage may have been caused by the shipping of the product and Dutch Model Cars outsources this shipping to PostNL.
6.2 When track and trace shows that your package has been delivered, Dutch Model Cars will no longer be liable for loss of package or goods.
7. Complaints
7.1 If consumer has a complaint about the delivered goods, a suitable solution will be sought in further consultation with consumer.
7.2 Dutch Model Cars reserves the right to refuse any returned products or to credit only a portion of the amount already paid, when it is suspected that the product has already been opened, used or damaged through the fault of the customer (other than that of Dutch Model Cars or the supplier of the product).
7.3 Dutch Model Cars will only refund the cost of the product upon return, not shipping costs.
8. Correspondence
8.1 All correspondence based on these General Terms and Conditions shall take place with Dutch Model Cars, Haarsteegsestraat 25 5254 JN in Haarsteeg, e-mail: info@dutchmodelcars.com .
9. Applicable law and dispute resolution
9.1 These General Conditions, as well as the agreement, are governed by Dutch law.
9.2 All disputes that may arise as a result of these conditions or agreement will, as far as not otherwise prescribed by law as a matter of urgency, be settled by the competent judge in the district of Dutch Model Cars.
Chamber of Commerce: 17186524 in Eindhoven
