1. Applicability
1.1 To the exclusion of any other general terms and conditions, these General Terms and Conditions of Sale (hereinafter: Terms and Conditions) apply to all offers, orders and agreements of ETS modelspoor BV and will be sent by us on request.
1.2 Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.
1.3 The provisions of these Terms and Conditions can only be deviated from in writing, in which case the other provisions will remain in full force.
1.4 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of ETS Modelspoor BV, are also stipulated for the benefit of intermediaries and/or third parties engaged by ETS Modelspoor BV..
2. Agreement
2.1 An agreement is only concluded after acceptance of your order by ETS Modelspoor BV. ETS Modelspoor BV is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, ETS Modelspoor BV will inform you within ten (10) working days after receipt of the order.
3. Prices/Offers
3.1 All offers from ETS Modelspoor BV are without obligation and ETS Modelspoor BV expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations..
3.2 All prices are stated in euros, including VAT, but excluding shipping costs
3.3 The purchased goods in the second-hand category fall under the margin scheme and VAT calculation is not applicable here (unless stated otherwise)
4. Returns
4.1 You can return all items within 14 days of receipt, after which you will receive the money back. However, it explicitly applies here that the seal/packaging of the articles may not be broken and the articles must not be used and are delivered to ETS Modelspoor BV in undamaged condition. This in accordance with the Distance Selling Act. If this aspect is not taken into account, we unfortunately cannot take back the items and cancel the payment.
4.2 You are obliged to check whether the items delivered to your home comply with the order. If this is not the case, you can report this within 7 days by e-mail to ETS Modelspoor BV, stating the invoice number in the subject of your e-mail, and a clear explanation of why the article does not comply. ETS Modelspoor BV will replace the item or cancel your payment if it is shown that you do not accept the item for valid reasons..
4.3 In the exceptional case that an article is sent to you that does not comply with the order, ETS Modelspoor BV reserves the right to replace the article with a new one or to return the paid amount. In this case, ETS Modelspoor BV will pay for the return shipping costs.
4.4 If you send something back, follow these steps:
Send an e-mail to info@etsmodelspoor.nl stating the reason why you want to return the purchased item. PLEASE NOTE: Please state the invoice number in the subject of your e-mail.
5.Payments
5.1 Payments must be made in advance before the purchased item(s) is shipped. Payment can be made by means of payment options proposed by the Dutch banks, such as e.g. Ideal, or by transfer to a bank account number specified by ETS Modelspoor BV.
6. Delivery
6.1 The delivery times specified by ETS Modelspoor BV are only indicative. Exceeding any delivery term does not entitle you to compensation, nor the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery term is such that you cannot reasonably be expected to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary.
6.2 Delivery of the products takes place at the place and time at which the products are ready for shipment to you.
7. Retention of title
7.1 The ownership of the delivered products only transfers if you have paid all that you owe to ETS Modelspoor BV under any agreement. The risk with regard to the products already transfers to you at the time of delivery
8. Complaints and liability
8.1 You have the obligation to investigate whether the products comply with the agreement upon delivery. If this is not the case, you must notify ETS Modelspoor BV of this as soon as possible and in any event within three (3) days after delivery, at least after observation was reasonably possible, in writing and with reasons.
8.2 If it is demonstrated that the products do not comply with the agreement, ETS Modelspoor BV has the choice to replace the products concerned with new products upon return, or to refund the invoice value thereof.
8.3 Delivered parts and parts ordered on request will not be taken back.
9. Electronic Communications and Evidence
9.1 ETS Modelspoor BV is not liable for misunderstanding, mutilations, delays or improper transmission of data and messages as a result of the use of the Internet or any other means of communication in the traffic between the Client and ETS Modelspoor BV (or third parties engaged by the Client). , unless and insofar as there is intent or gross negligence on the part of ETS Modelspoor BV .
9.2 The administration of ETS Modelspoor BV serves as full proof of the existence, the content and the execution of the agreement with the Customer in any legal proceedings, up to the counter-evidence by the party that invokes the fact that the evidence is not reliable. is.
10. Force Majeure
10.1 Without prejudice to its other rights, in case of force majeure ETS Modelspoor BV has the right, at its own discretion, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by notifying you in writing. and without ETS Modelspoor BV being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
10.2 Force majeure is understood to mean any shortcoming that cannot be attributed to ETS Modelspoor BV, because it is not due to its fault and is not for its account under the law, legal act or generally accepted standards.
11. Miscellaneous
11.1 If one or more of the provisions of these Terms and Conditions or any other agreement with ETS Modelspoor BV conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new one to be determined by ETS Modelspoor BV. legally permissible comparable provision.
11.2 ETS Modelspoor BV is authorized to make use of third parties for the execution of your order(s).
12. Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law.
12.2 All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.
