GENERAL TERMS AND CONDITIONS
These general terms and conditions are applicable to all products (as defined below) which are offered via the official webshop visited via Verstappen.com (the "webshop") . By placing an order via the webshop, the buyer declares that it is in agreement with the contents hereof. These terms and conditions do not apply to any websites, services or products of Verstappen.com which have their own general terms and conditions.
Article 1. Definitions
In these general terms and conditions (hereinafter referred to as: terms and conditions) the following terms shall have the following meanings:
1.1. Reflection period
the period within which the consumer can make use of his right of withdrawal;
every order placed by the buyer with the webshop. Each order implies a payment obligation of the buyer. Orders are only accepted by the webshop if they are placed via the webshop.
any natural person who is acting for purposes which are outside his trade, business or profession;
1.5 Right of withdrawal
the possibility for the consumer to waive a distance contract within the witdrawal period.
any natural person, consumer or legal entity who enters into contact with the webshop regarding the conclusion of an agreement.
1.7. Model withdrawal form:
the European model withdrawal form in Annex I to these terms and conditions.
every agreement concluded between the webshop and the buyer, any amendment or supplement thereto, as well as all legal acts in preparation and implementation of such agreement.
merchandising items related to Verstappen.com.
Article 2. General
2.1. The text of these terms and conditions have been made available to the buyer electronically on Verstappen.com in such a manner that it can be easily stored on a long-term data carrier by the buyer. At the Buyer's request, these terms and conditions may be sent to the Buyer electronically or in another manner free of charge.
2.2 By placing an order via the webshop, the buyer declares that he agrees with the terms and conditions. The webshop has the right to change its terms and conditions and the contents thereof after its duration.
2.3. The webshop shall ensure a secure web environment and shall take appropriate technical and organisational measures to this end.
2.4. The webshop shall ensure that the order is carried out after receipt of payment by the webshop. The products ordered will be delivered to the buyer, with the shipping costs being borne by the buyer and the risk of shipment by the webshop.
2.5. The webshop is authorised to make use of third parties in the execution of the order.
2.6. The webshop has the right to deny the Buyer access to the webshop without stating reasons.
Article 3. Offers/Agreements
3.1. All offers made by the Webshop are without obligation and the Webshop expressly reserves the right to change prices, in particular when this is necessary on the basis of (legal) regulations.
3.2. An agreement is only concluded after the buyer has provided all the information requested by the webshop and the webshop confirmed the order by sending an e-mail to the e-mail address provided by the buyer. The buyer must report any inaccuracies in the order confirmation to the webshop immediately upon receipt, failing which the order confirmation shall be deemed to accurately reflect the agreement.
3.3. The Webshop has the right to refuse orders or to attach special conditions to delivery, unless explicitly stated otherwise. If an order is not accepted, the webshop will inform the customer of this within ten (10) working days of receiving the order.
3.4 In order to prevent fraud, a maximum of 1 copy of a scale model can be ordered per person/address/account number. If an order does not meet these criteria, it will be cancelled and the purchase amount will be refunded.
3.5 In the case of a 1+1 free offer, when the paid item is returned, the free item must also be returned.
3.6 The 1+1 action does not work in combination with the second article 50% discount offer.
Article 4. Prices and payments
4.1. The prices stated for the products are in euros and include turnover tax (VAT), unless explicitly stated otherwise. The (purchase) price payable by the buyer and additional costs for VAT and shipping are clearly stated in the order confirmation and invoice of the webshop.
4.2. All prices in the online shop are subject to misprints and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors.
4.3. Payment of an order is effected by means of iDEAL, Paypal, credit card or prepayment. The webshop will take appropriate security measures to that end. Further (payment/order) conditions may be attached to the order. In the case of payment by bank or giro, the date of payment shall be the date on which the webshop's giro or bank account is credited.
4.4. The webshop reserves the right not to offer one or more of the above payment options for a specific or indefinite period.
4.5. Buyer is entitled to cancel an order or to dissolve the agreement in accordance with the legal provision on distance selling.
Article 5. Delivery/delivery period/delivery
5.1. Orders placed and paid before 4pm will be dispatched the same day (if in stock). The webshop is not responsible for delays at DHL. Orders paid for by PayPal, credit card or bank transfer will be dispatched as soon as the payment has been received by the webshop (if in stock). The webshop is not responsible for delays caused by DHL.
5.2. The delivery period stated by the webshop is indicative only. Exceeding the delivery period does not give the buyer the right to compensation nor the right to cancel the order. If the delivery period is exceeded, the buyer will be informed by e-mail, in writing or by telephone of the expected delivery period, whereby the webshop must be given a maximum period of fourteen (14) days to perform the agreement. In accordance with the statutory conditions, the buyer has the right to cancel the agreement free of charge. Any payments made will in that case be refunded to the buyer as quickly as possible, but within a maximum of fourteen (14) days of notification.
5.3. The webshop ships the products/orders with DHL.
5.4. DHL does not deliver to a PO Box.
5.5. If you have opted for a DHL Parcel Shop, the product will, if not collected within 7 days, automatically be returned to sender.
Article 6. Delivery and risk
The webshop is in no way liable for misunderstandings, damage, delays or unclear delivery of orders and communications resulting from the Internet or any other means of communication between the webshop and the Buyer. The colours of the products shown in the webshop may differ from the real colours of the product. The webshop assumes all risk of shipment, however, the costs of shipment are borne by the buyer.
Article 7. Shipping costs
All orders are delivered to an address provided by the buyer. A fixed rate including VAT applies.
Article 8. Deliveries and guarantees
8.1. The webshop guarantees that every product it delivers complies with the agreement and with the normal requirements of soundness and usability.
8.2. No guarantee can be given if the wear and tear can be considered normal and further in the following cases:
a. if any changes have been made to the product, including repairs that have not been carried out with the approval of the webshop;
b. if the original purchase invoice cannot be produced or has been altered or made illegible;
c. if damage is caused by intent, gross negligence or negligent maintenance.
Article 9. Exchanges / returns
9.1. If the buyer believes that the delivery does not comply with the agreement, the buyer has the choice to replace this delivery with a new delivery against return of the goods, within fourteen (14) days after delivery of the order.
9.2. The product must be returned to the webshop without delay and in any event within fourteen (14) days of the submission of the return form in the original packaging and in the original condition with the return form enclosed. Once the product has been received in good condition by the webshop with the return form, the purchase price of the product will be refunded in the same way as the order was paid for.
9.3. The shipping costs for returning the product shall be borne by the buyer.
9.4. The return form must be filled in and sent along. The form can be found under the heading 'Returns'. The webshop confirms receipt of the return form.
Article 10 Consumer right of withdrawal
10.1. The buyer being a consumer can terminate an agreement/order regarding the purchase of the product during the reflection period of fourteen (14) days without stating reasons after the day on which the consumer, or a third party designated by him, has received the last product, or:
a. if the consumer has ordered multiple products in one order, which are delivered separately, after the day on which the consumer or a third party appointed by the consumer, who is not the carrier, has received the last product;
b. if the delivery of a product consists of several shipments or parts, after the day on which the consumer or a third party appointed by the consumer, who is not the carrier, has received the last shipment or the last part.
10.2. Article 9.2, Article 9.3 and Article 9.4 of these terms and conditions shall apply accordingly, on the understanding that, if the consumer wishes to make use of his right of withdrawal, he may do so within the cooling-off period by completing the model form for withdrawal and sending it to the webshop or by unambiguously indicating to the webshop his wish to make use of his right of withdrawal in another manner.
10.3. If the consumer makes use of his right of withdrawal, all supplementary agreements will be dissolved by operation of law.
10.4. The webshop shall, without delay but within fourteen (14) days following the day on which the consumer notifies the webshop of the withdrawal, refund all payments made by the consumer, including any delivery costs.
10.5. The webshop shall not be obliged to refund additional costs if the Consumer has opted for a type of standard delivery other than the least onerous one offered by the webshop.
10.6. The consumer may only claim fulfilment of the obligation referred to in paragraph 4 after the webshop has received the products or the consumer has demonstrated that he/she has returned the products to the webshop, whichever is the earliest.
Article 11 - Obligations of the consumer during the reflection period
11.1. During the reflection period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
11.2. The consumer shall only be liable for any diminution in value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
Article 12 - Exclusion of the right of withdrawal
12.1. The consumer has no right of dissolution/termination in so far as:
a. an agreement in which the price of the goods or services is subject to fluctuations in the financial markets over which the webshop has no influence and which may occur within the period of dissolution/termination.
b. an agreement whereby the consumer has specifically requested the webshop to visit him in order to carry out urgent repairs or maintenance, with the exception of:
i. additional services which the consumer has not expressly requested;
ii. the delivery of items other than those necessary to carry out the maintenance or repairs;
c. a contract concluded at a public auction;
d. a contract for the provision of services, after performance of the contract, if:
i. the performance began with the consumer's express prior consent; and
ii. the consumer has declared that he will waive his right to rescind the contract as soon as the webshop has fulfilled the contract;
e. a contract for the provision of services, the object of which is the provision of accommodation other than for residential purposes, the carriage of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific time or period of performance;
f. concerning a consumer purchase:
i. the delivery of items made to the consumer's specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person;
ii. the delivery of goods that spoil quickly or have a limited shelf life;
iii. the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
iv. the delivery of items which, after delivery, are irrevocably mixed with other items due to their nature;
v. The delivery of alcoholic beverages, the price of which has been agreed upon at the conclusion of a consumer purchase, but the delivery of which can only take place after thirty days, and the actual value of which is dependent on fluctuations in the market over which the webshop has no influence;
vi. the delivery of audio and video recordings and computer software of which the seal has been broken after delivery;
vii. the supply of newspapers, periodicals or magazines with the exception of a contract for the regular supply of such publications;
viii. the delivery of digital content which is not supplied on a tangible medium, to the extent that the performance has commenced with the express prior consent of the consumer and the consumer has stated that he thereby waives his right to terminate the contract.
Article 13. Defective / incomplete shipments
The risk of loss or damage to goods that are the subject of the agreement shall pass to the buyer at the moment when the goods are offered to the specified address for receipt. In the event that the buyer discovers that the products are defective, he must report this to the webshop immediately after receiving the products. The costs of return shipments in the event of defects shall be borne by the webshop.
Article 14. Retention of title
The ownership of products delivered shall not be transferred to the buyer until the buyer has fulfilled all his obligations to the webshop on the basis of any agreement. The risk in respect of the products is transferred at the moment the buyer receives the product.
Article 15. Force Majeure
15.1. Without prejudice to the other rights accruing to the webshop, in the event of force majeure, the webshop shall have the right, at its own discretion, to suspend implementation of the order or to dissolve the agreement without judicial intervention by informing the buyer of this in writing and without the webshop being obliged to pay any damages unless, in the given circumstances, this would be unacceptable according to the criteria of reasonableness and fairness.
15.2. Force majeure shall mean any shortcoming which cannot be attributed to the webshop because it is not due to its fault, and which is not for its account pursuant to law, legal action or generally accepted practice. Force majeure shall be understood to mean any circumstance beyond the webshop's control which renders the fulfilment of its obligations towards the buyer impossible in whole or in part. Such circumstances include strikes, fires, operational breakdowns, power failures, breakdowns in a (telecommunications) network or connection or communication systems used and/or the unavailability of the webshop at any time, no or late delivery by suppliers or other third parties called in and the absence of any government-issued licence(s).
Article 16. Miscellaneous
16.1. If the Buyer provides the webshop with an address in writing, the webshop shall be entitled to send all orders to that address, unless the buyer provides the webshop with another address in writing to which the order is to be sent.
16.2. In the event that the webshop allows, tacitly or otherwise, deviations from these terms and conditions for a short or long period of time in the buyer's favour, this shall not affect its right to demand immediate and strict compliance with these terms and conditions. The buyer can never assert any right on the grounds that the webshop applies these terms and conditions flexibly.
16.3. In the event of one or more of the provisions of these terms and conditions or any other agreement with the webshop contravening any applicable legal provision, the provision in question shall cease to have effect and shall be replaced by a new comparable provision to be determined by the webshop in accordance with the law.
16.5 This English version of the terms and conditions is a direct translation of the Dutch version. In the event of any discrepancy between or question of interpretation of these versions of the terms and conditions, the Dutch version shall be leading.
Article 17. Applicable law and competent court
17.1. All rights, obligations, offers, orders and agreements to which these terms and conditions apply, as well as these terms and conditions, are exclusively governed by Dutch law.
17.2. All disputes between parties shall be submitted exclusively to the thereto competent court.
Identity of the webshop
Company name: Verstappen.com (a trading name of H.P.G.L. Hermans Trading B.V.)
Address: Tolhuisweg 2 6071 RG SWALMEN
Email: [email protected]
VAT number: NL858458172B01
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