1333 MX Almere
(modelspoorbaanwinkel is a trade name of Modelrailwayshop BV)
1. All agreements in writing
We strive to record our agreements about the price, characteristics of the product to be delivered, delivery time, time of payment, etc. in writing as much as possible.
Our prices include VAT.
Goods and services are delivered against immediate payment, unless otherwise agreed. You will receive an invoice from us upon payment.
You do not have to pay a deposit with us. An exception to this are web shops (see below) and specific, non-current orders. In that case, a separate agreement about the down payment can be made.
Just like you, we have our payment obligations. If you postpone your payment, we will incur costs. If this is permitted by law, we can charge you for the damage we suffer as a result (loss of interest and reasonable costs to still collect the outstanding amount).
4. Delivery time
We naturally strive to deliver at the latest at the agreed time. If delivery is made too late, and there is no question of force majeure, then you as a buyer have the right - if it has been agreed that you would pay at the same time as delivery - to postpone payment until delivery has been made. If you wish, you can dissolve the purchase agreement in whole or in part in the event of late delivery, unless this is not justified by the seriousness of the exceeding of the delivery period.
All our new products have a minimum full warranty of two years. Use articles are excluded from this. Second hand products have a warranty period of 3 months.
A warranty can never limit the legal rights of a consumer, so in addition to the warranty granted, all other rights that the law grants to you as a consumer are without prejudice.
We would like to draw your attention to the fact that rights to the warranty can be forfeited if you make changes to the delivered products yourself.
We guarantee that our products and services comply with the purchase agreement, the specifications stated in our offer, the reasonable requirements of reliability and usability and the legal provisions and government regulations existing on the date of the conclusion of the purchase agreement.
- only those personal data are collected that are necessary to maintain and improve our services to the customer;
- your personal data will be processed, stored and managed in accordance with the applicable privacy legislation;
- all other data that our employees see will be treated with strict confidentiality (documents, e-mails, etc.). Exceptions are criminal matters, including child pornography.
As a consumer you have the right to inspect your personal data. We will send you this information no later than two weeks after your request for access. At your request, we will adjust or delete your data.
8. Retention of title
We retain ownership as long as the purchase has not been paid in full. On our repair orders, we give as clear a description as possible of the items you have offered for repair, so that your property rights are not at issue if the repair company where your items are just at that moment goes bankrupt.
9. Distance selling (web shops)
When it concerns a so-called distance contract, usually referred to as distance selling (for example an order from a webshop), special additional rules apply which we have included separately in 9a to 9g.
Distance selling is referred to as a purchase agreement where there is no direct contact between seller and consumer. Popularly said: without both being in the same room. This therefore applies not only to purchases via the internet (web shops), but also telephone or written orders fall under the concept of distance selling.
The most important part of a distance purchase is that the consumer has a cooling-off period of at least 7 working days to cancel the purchase. Within that time, he can make use of his right of withdrawal, the right to cancel the purchase.
The information you receive prior to the purchase is such that you can properly assess the offer, for example through images that are a true representation of the products. In addition, you will receive clear information about your rights and obligations, such as:
- the total price to be paid, including, for example, any disposal fee or delivery costs;
- the way in which the agreement is concluded;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or performance of the agreement;
- the period during which the price or the possibility to accept the offer applies;
- the rates you have to pay if you want to contact us, when this is different from the base rate;
- access to the data we have stored about you;
- the minimum duration of the distance contract if it concerns a continuous or periodic delivery of products or services.
At the latest upon delivery of the product or service, you as a buyer will receive the following information:
a. our visiting address, where a complaint can be submitted;
b. the way in which you can exercise your right of withdrawal;
c. information about existing after-sales service and warranties;
d. the information referred to in 9a above, unless you have already received it before the execution of the agreement;
e. the conditions for terminating the agreement if it lasts longer than one year or is of indefinite duration.
You will receive this information in writing or in such a way that it can be easily stored by you on a, as it is legally called, durable data carrier (for example, a CD-ROM).
9b. Confirmation and security
Once you have placed an order, you will receive an electronic confirmation from us. As long as this has not happened, you can still cancel the purchase by dissolving the agreement.
If you order via the internet, we ensure the security of the exchanged data and a safe web environment.
9c. Reflection period upon delivery of products
1. When purchasing products, you as a consumer have a reflection period of fourteen working days. The reflection period starts the day after you have received the product or that it has been received on your behalf. During that period you have the option to dissolve the agreement without having to give a reason for this. This is called the right of withdrawal.
2. During the cooling-off period, you should handle the product and the packaging with care. This means that you only unpack or use the product to the extent necessary to assess whether you want to keep it. If you make use of your right of withdrawal, you must return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging. We provide you with information on how to do this. This information must be reasonable and clear by law.
3. If you make use of your right of withdrawal, you only have to pay the costs of return.
4. We will refund all other costs that have already been paid to you as soon as possible, in any case no later than 30 days after the return or cancellation.
9d. Cooling-off period for the delivery of services
1. When providing services, you as a consumer have a cooling-off period of fourteen working days. The reflection period starts on the day the agreement is entered into. During that period you have the option to dissolve the agreement without having to give a reason for this. This is called the right of withdrawal.
2. In order to exercise your right of withdrawal, we will provide you with information on how to do this with our offer or at the latest upon delivery of the service. This information must be reasonable and clear by law.
3. We will refund all costs that have already been paid to you as soon as possible, in any case no later than 30 days after the withdrawal.
9th. Exclusion of the right of withdrawal
Sometimes there is no right of withdrawal for you as a consumer, but this must be clearly stated by us before the agreement is concluded. This concerns products:
a) that have been produced by us in accordance with the consumer's specifications;
b) which are clearly personal in nature;
c) which by their nature cannot be returned;
d) which can spoil or age quickly;
e) the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f) for loose newspapers and magazines;
g) for audio and video recordings and computer software of which the consumer has broken the seal.
With regard to services, exclusion of the right of withdrawal is only possible if it concerns services:
a) relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b) the delivery of which has started with your express consent before the cooling-off period has expired;
c) regarding betting and lotteries.
In the case of a distance purchase, an advance payment of more than 50% may never be requested in general terms and conditions and that, unless otherwise agreed, the buyer pays (the rest of) the purchase price upon delivery of the order or delivering a service.
An order can be canceled free of charge if it has not yet been shipped, except in the case of so-called customization (an order made in accordance with the consumer's specifications) or specially ordered products.
10. Delivery and execution
1. Delivery takes place at the address you have provided to us. All this will be done as soon as possible but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be fulfilled, you will be notified as soon as possible. The deadline for this is 30 days after you have placed the order. After this period you have the right to dissolve the purchase agreement without costs and to claim any compensation.
2. After dissolution, we will refund the amount you have paid as soon as possible, but at the latest within 30 days after dissolution.
3. If delivery of a separately ordered product proves impossible, we will do our best to provide you with a replacement item. This will be reported in a clear and comprehensible manner at the latest upon delivery. If it concerns a distance purchase, you can still make use of your right of withdrawal. In that case, the costs of return shipment are for our account.
4. The risk of damage and/or loss of products rests with us until the moment of delivery to you, unless expressly other agreements have been made.
11. Complaints and complaint period
Because we want to provide our customers with an optimal service, we think it is important to hear from you if you have complaints about the product you have purchased. Do this – partly to limit any damage – as soon as possible. According to the law, a complaint is made known in time if this is done within two months of discovery. This also applies in the event that the purchased product does not have the properties that you could expect on the basis of the purchase agreement. It is in your interest to make your complaints known in writing.
If you submit a complaint to us, it will be answered within 14 days at the latest. If we need more time for this, we will let you know within 14 days when you can expect an answer.