ToyCarDealer Terms and Conditions (Translated from Dutch)
1.1. These General Terms and Conditions apply to offers, orders and agreements from ToyCarDealer. By the conclusion of an agreement between the customer and ToyCarDealer in accordance with the procedure as described in these General Terms and Conditions, the customer accepts these conditions.
1.2. Deviations from these General Terms and Conditions are only valid if agreed in writing with ToyCarDealer.
1.3. ToyCarDealer has the right to change these General Terms and Conditions and the content of the ToyCarDealer website.
2 Offers and Agreements
2.1. All offers made on the ToyCarDealer website are without obligation, even if they contain a term of acceptance. ToyCarDealer reserves the right to withdraw offers. All offers are subject to availability. Price changes are reserved.
2.2. An agreement between ToyCarDealer and the customer is concluded after the customer has placed an order via the webshop, by completing the Checkout module; the customer then clicks on the [Confirm] button on the ToyCarDealer website, after which the customer has received confirmation that ToyCarDealer has received the customer's order (the confirmation of receipt).
2.3. The administration of the Sikumuseum will serve as proof of orders and payments made by the customer to Sikumuseum and of deliveries made by Sikumuseum, unless there is evidence to the contrary. Sikumuseum recognizes that electronic communication can serve as proof. By accepting the General Terms and Conditions, the customer also acknowledges this.
3 Prices/rates and payment
3.1. All prices for the items offered are in EURO's and include sales tax (VAT). If you live outside the EU, the VAT will lapse. The software itself takes this into account based on the address details from your account.
3.2 All invoices will be paid by the customer, without discount or compensation, within fourteen (14) days of the invoice date, unless otherwise agreed in writing.
3.3. In the event of non-compliance by the customer with what has been agreed regarding payment, ToyCarDealer is entitled to dissolve the agreement with immediate effect or to suspend its obligations, as well as to refuse the customer future orders without stating reasons.
4 Delivery/shipping terms
4.1. No longer valid.
4.2. The shipping time is normally 1 working day after payment of the amount due has been received on the account of ToyCarDealer. This term applies as a guideline and not as binding. Reasonableness is pursued at all times and violations of the aforementioned three working days are always reported to the customer by email.
4.3. ToyCarDealer reserves the right to make partial deliveries to the customer, so that an order is sent in two or more shipments.
5 Force majeure and/or special circumstances
5.1. ToyCarDealer is not obliged to fulfill any obligation towards the customer if it is prevented from doing so as a result of a circumstance that is not due to its fault, nor is it for its account by law, legal act or generally accepted standards.
5.2. Circumstances within the meaning of Article 5.1 include a business failure, a failure in the energy or material supply, transport delay, a strike and failure to deliver or no longer deliver on time by suppliers.
6.1. The risk during the transport of the product ordered by the customer is for the seller, shipments always include insurance. The selling party can always decide whether a (possibly partial) refund will be made or a replacement model(s) will be sent.
7.1. ToyCarDealer is in no way liable for misunderstandings, damage, delays or unclear communication of orders and communications as a result of the use of the internet or any other means of communication in the traffic between the customer and ToyCarDealer, or between ToyCarDealer and third parties, insofar as relating to the relationship between the customer and ToyCarDealer.
8.1. There is a warranty on some products supplied by ToyCarDealer. This is the warranty as determined by the manufacturer on its products. This warranty is without prejudice to the customer's rights under the law.
8.3. We only deliver first-class items, but in special cases there may still be a reason to return the item. In that case, always contact our customer service first.
8.4 You have a cooling off period of 14 days to return the product without stating reasons, starting on the day of receipt of the product. The product can only be returned unused and, if possible, in its original packaging.
9.1. All complaints in connection with the delivery, quality, quality of the product or any other complaint will be taken seriously by ToyCarDealer.
9.2. The customer must make a complaint known by letter or e-mail.
9.3. ToyCarDealer will try to resolve the complaint within ten (10) working days. ToyCarDealer will inform the customer about this in writing (by letter or e-mail).
10 Applicable law and dispute settlement
10.1. Dutch law applies to all offers, orders and agreements of ToyCarDealer.