SCALE MODELLING ACCESSORIES
1) DEFINITIONS AND SCOPE OF THIS AGREEMENT
The webshop URL is provided by:
YENMODELS (hereafter called “YENMODELS”)
Coupure Links 285,
B- 9000 Ghent
If you have any questions or comments, you can contact us via
Tel.: +32 468 15 02 00
The following definitions shall have the following meanings:
Purchaser” means any natural (B2C) or legal (B2B) person that enters into a contractual relationship of any kind with YENMODELS.
Each Purchaser agrees not to purchase the products of YENMODELS with the mere purpose to resell or distribute the product in any other way.
Further also referred to as “you” or “your”.
“Consumer” means any natural person who is acting for purposes which can be regarded as outside his trade or profession.
“Products” means all goods and services that are the subject matter of one or more sales contracts.
“Goods made to the consumer’s specifications” means non-prefabricated goods made on the basis of an individual choice of or decision by the consumer
“Sales contract” means any contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object both goods and services.
These General Conditions of Sale shall apply to all current and future sales of Products by YENMODELS to the Purchaser.
The Purchaser accepts these terms as well as all other rights and obligations as stated on the website by using the website and/or placing an order.
These General Conditions of Sale shall be always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid insofar as it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid to replace or supplement the clauses to which they relate. This does not affect the applicability of the other provisions of these General Conditions of Sale.
YENMODELS reserves the right to amend and/or supplement the General Conditions of Sale in the future. A future change will obviously have no effect on existing product orders and the resulting agreements.
2) OFFER AND ACCEPTANCE
Our online offer is presented with utmost care. YENMODELS provides information about the features of the products, including technical descriptions, which are based on details of our partners and suppliers, and photographs illustrating the products. This entirely in so far as technical means allow and in accordance with the best standards in the market. The images displayed on our website provide an approximate representation of the substantial features of our products. Our online offer is presented as an invitation to purchase. YENMODELS is not bound by its offer. An offer is only valid while stocks last. We reserve the right to attach particular conditions to a specific offer, such as a limited duration. The Purchaser can rest assured that these conditions are only applicable when explicitly communicated prior to the order placement.
To purchase a product from the YENMODELS range, the Purchaser must complete our online ordering method. This purchase is binding on the Purchaser. YENMODELS will send a confirmation of the order within seven (7) calendar days, directed at the e-mail address specified by the Purchaser at the moment of ordering. The sale contract shall be concluded as soon as the Purchaser has received the order confirmation email issued by YENMODELS.
YENMODELS retains the possibility to refuse the sending of an order confirmation email or to unilaterally reject an order placement by means of an explicit statement. YENMODELS will inform the Purchaser and will (where possible) propose a similar product if the initial order cannot be executed or can only partially executed. There is no Sales contract if YENMODELS refuses the order or if the Purchaser does not agree with the proposed alternatives. In such case, all payments that have been made will be soon refunded. The Purchaser is not entitled to any form of compensation.
The Parties expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid agreement. This is fully consistent with the Act of March 11, 2003 on electronic trading. Within the limits of what is permitted by law, YENMODELS can make use of all electronic files available to prove the existence of the Sales contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.
All prices are indicated in EURO and include VAT and other taxes. The individual product price does not include the costs of delivery and other additional costs. YENMODELS will communicate these costs in the last step of our online ordering process.
The price as displayed on the confirmation of order is the final price to be paid, barring the exception of article 2 relating to Prices. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by YENMODELS after the conclusion of the sales contract. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing. The filing of a complaint does not suspend due payments.
We have the right to change our prices at any time but commit to always apply the prices that were indicated on our website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.
The use of certain selected payment methods can entail additional costs, which are exclusively borne by the Purchaser.
Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We accept the payment methods as indicated on our website:
YENMODELS has taken all reasonable measures to ensure safe payments. Our main concerns are a loss or theft of your identity or financial information. The use of the above mentioned authorized payment partners and credit card issuers provide the necessary guarantees.
We make use of the secured payment system of MultiSafepay for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner. Security measures via the SSL protocol are provided.
The Purchaser can choose a payment method that involves no immediate payment by its nature, such as a bank transfer. In that case the Purchaser has an obligation to pay within fourteen (14) days after the confirmation of order.
Coupure Links 285
B- 9000 Gent
Each default in payment on the due date shall, automatically and without further notice, give rise to an interest at the Belgian statutory rate (12%) on the outstanding amount per annum. If the default in payment remains up to ten (10) days after the dispatch of a registered letter, the outstanding amount shall be increased by 10%. This amount applies for expenses other than the loss of interest and the actual legal costs.
YENMODELS shall only deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. YENMODELS always retain ownership of all products ordered until full payment of all amounts due under this Agreement has been made, regardless whether the delivery has already occurred.
5) DELIVERY and INSTALLATION
We process every order with the care it deserves. The order shall be processed within thirty (30) calendar days upon order confirmation. YENMODELS has the right to stipulate wider delivery terms, which shall be communicated within a reasonable timespan after the order confirmation. The Purchaser may only terminate the agreement if YENMODELS fails to deliver the products within the communicated delivery deadline. In the event of such termination, YENMODELS will reimburse all sums paid without undue delay and no later than fourteen (14) calendar days after termination of the agreement.
YENMODELS uses external parties and carriers for the execution of the delivery, namely Bpost. This may have an effect on the delivery. YENMODELS takes however no responsibility for delivery arriving late or for an order which is lost by third parties or by unforeseen circumstances or force majeure. If an order that has been sent remains undelivered, YENMODELS will conduct an investigation at the carrier’s end. This can take several days. During this period, YENMODELS cannot provide any reimbursement or proceed to a re-delivery of the products.
The Purchaser is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery. A delivery is performed as soon as the ordered products are offered one time at the indicated address. If a delivery is unsuccessful due to a failure by the Purchaser or by the third party designated by the Purchaser, the cost of this delivery attempt is fully borne by the Purchaser.
YENMODELS bears the risk for damage and/or loss of the products until the moment of delivery. Risk associated with the goods shall pass from YENMODELS to the Purchaser on delivery. Each delivery requires a signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.
6) DEFECTS AND COMPLAINTS
The statutory warranty period, as provided in Articles 1641 to 1649 of the Belgian Civil Code, is fully applicable to this agreement. Each Purchaser is consequently entitled to repair or replacement if he finds a defect in the delivered products, to the extent that the requirements of the legal warranty are satisfied. The Consumer enjoys furthermore a statutory warranty period of two (2) years (Article 1649bis – 1649quinquies Belgian Civil Code). The warranty is not applicable if the Purchaser was aware of the defects at the time of the sale.
The Purchaser or the third party designated by the Purchaser is required to examine the products accurately on their conformity as soon as the products are received. If the product is affected by a visible defect, and the receiver perceives this defect, he must submit a complaint. Purchaser shall communicate these complaints towards YENMODELS in a written statement and in an explicit, unambiguous and motivated manner. This must be done within seven (7) days upon delivery. It is the duty of the Purchaser to motivate this communication sufficiently. We recommend a statement that uses all reasonable technical resources, such as photos and videos.
The Purchaser must send the defective products back to YENMODELS in their original condition, including packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. Any deficiency in this obligation will imply a proportional reduction in the repayment. All costs for return shipment shall be borne by the Purchaser. Sending back an order is always at risk of the Purchaser. We recommend a registered and insured return shipment to avoid the risks of loss and theft. This return shipment must be done within seven (7) calendar days after the communication.
The warranty is not applicable in case of:
The Purchaser shall not be entitled to send back the products in the absence of a substantiated complaint. If the conditions of warranty are met, the Purchaser is firstly entitled to a free repair or replacement of the ordered products, if the situation renders it possible. YENMODELS is only held to a reimbursement if the reparation or replacement no longer produces the same benefit for the Purchaser. The Purchaser will have to communicate this ground in a clear and motivated manner. Any compensation and reimbursement can never exceed the amount invoiced to the Purchaser.
If the products have been sent back although the conditions were not met, YENMODELS will send the products to the Purchaser back again. The cost of this shipment will be borne by the Purchaser.
YENMODELS may stock the returned products at third parties, for account and at the risk of the Purchaser, as long as the costs of return have not been paid.
7) RIGHT OF WITHDRAWAL
7.1) Applicability of the Right of Withdrawal.
The consumer enjoys a right of withdrawal, in accordance with article VI.47 Belgian Code of Economic Law. The right of withdrawal provides the Consumer with the possibility to terminate the contract if, after the delivery, he is not satisfied with the product. No required motivation or penalty fee is applicable. YENMODELS does welcome your feedback in order to improve our services.
If the Consumer applies his right of withdrawal in conformity to the legal conditions, YENMODELS will take care of the reimbursement of the amount actually paid for the product within fourteen (14) calendar days. The reimbursement will be carried out through the same payment method you used for the initial transaction, unless the consumer expressly agreed otherwise. No fee will be charged for the reimbursement.
Attention: YENMODELS does not reimburse any additional delivery costs, such as the cost endorsed if the consumer selects a delivery method that differs from the cheapest standard delivery method.
According to Article VI.53 of the Belgian Code of Economic Law, the consumer is not entitled to exercise his right of withdrawal in the following cases:
7.2) Exercising the Right of Withdrawal.
The consumer who wishes to invoke the right of withdrawal must communicate his decision explicitly and unambiguously, in a written statement.
The communication must happen within fourteen (14) calendar days:
It is up to the consumer to prove that he can rely on his right.
The following information must always be clearly communicated:
The Consumer must remand the products to YENMODELS as soon he has notified his decision to exercise his right of withdrawal, and no later than fourteen (14) calendar days of the communication. The return shipment can only be done by manner of an authorized carrier. In any case, the Consumer will bear all costs and risks of remand. YENMODELS may suspend the reimbursement until receipt of evidence by the Purchaser that the products have been returned.
The Purchaser is liable for any diminished value of the products resulting from the handling of the products beyond what is necessary to establish the nature, characteristics and functioning of the products. YENMODELS is entitled to charge the costs of the impairment in proportion to the repayment.
The Consumer has no right of withdrawal if the above conditions are not met. In that case, the goods will be returned to the Consumer at the expense and risk of the Consumer. YENMODELS undertakes to clearly communicate its motives to the Consumer.
8) FORCE MAJEURE
Force majeure exists if YENMODELS is, wholly or partially, prevented to accomplish its obligations towards the other party by circumstances beyond its control. YENMODELS is in that case not obliged to fulfil its obligations. YENMODELS may suspend its obligations for the duration of the force majeure.
9) INTELLECTUAL PROPERTY
YENMODELS retains all intellectual property rights and all related rights with regard to the website and webshop. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Purchaser is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the product.
10) YOUR PRIVACY, OUR CONCERN
11) APPLICABLE LAW AND COMPETENT COURT
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the validity of such provision shall not affect the validity and enforceability of the remaining provisions of these Terms and conditions, which shall remain in full force and effect. We retain the right to propose a valid modification of the disputed clause(s).
The titles we use in our legal documents are always of mere illustrative character; they have no legal value.
All offers from, and agreements with, YENMODELS are exclusively governed by Belgian law. The Vienna Sales Convention is hereby expressly precluded. Any dispute arising under or relating to offers or concluded agreements shall come under the jurisdiction of the competent court of the judicial district of Ghent.
If the Purchaser has a complaint that concerns the products purchased through URL, he can also appeal to the system of Online Dispute Resolution. This is an alternative for the traditional trial. With this the Purchaser can compose and submit the complaints online after which the parties consensually choose a competent body for complaints that quickly and in a simple way decides and communicates on the merits of the complaint. This way the buyer can compose his complaint and deposit online on the ODR platform (http://ec.europa.eu/odr) in any official language of the European Union.
This way the dispute resolution is free and has also the effect that the limitation period is suspended. This possibility to settle with an amicable settlement can no longer be used if the case is initiated before the court. During the procedure of Online Dispute Resolution the buyer reserves the right to initiate the complaint before a court. As a result the procedure of Online Dispute Resolution shall be terminated. From the moment the parties accept the judgement proposed by the competent body of complaints, they will be bound by it.
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