Terms and conditions
TERMS OF USE
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OVERVIEW
This website is owned and operated by Motors Miniatures. Throughout the website the terms "we", "us" and "our" are used to refer to Motors Miniatures. This website, including all information, tools and services available through it, is offered by Motors Miniatures to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our site and/or making a purchase from us, you are participating in our "Service" and agreeing to be bound by the following terms and conditions ("Terms and Conditions", "Terms of Use"), including the terms, conditions and policies referenced and/or hyperlinked herein. These Terms of Use apply to all users of the Site, including, without limitation, individuals who are visitors, suppliers, customers, merchants and/or content providers.
Please read these terms and conditions carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this Agreement, you may not be able to access the Site or use its services. If these Terms of Use are to be considered an offer, acceptance is expressly limited to them.
Any new tool or feature added to this shop will also be subject to the Terms of Use. You can review the most recent version of the Terms of Use on this page at any time. We reserve the right to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check this page from time to time for changes. Your continued access or use of the Website following the posting of changes will constitute your acceptance of those changes.
Our store is hosted by Shopify Inc, which provides us with the online e-commerce platform that enables us to sell our products and services to you.
ARTICLE 1 - CONDITIONS OF USE OF THE ONLINE SHOP
By accepting these Terms of Use, you declare that you have reached or exceeded the age of majority in your region, province or country and that you have given us permission to allow any minor in your care to use this site.
You will not use our products for any illegal or unauthorised purpose or violate any laws in your jurisdiction (including but not limited to copyright laws) when using the Service.
You must not transmit any worms, viruses or other code of a destructive nature.
A breach or violation of any of these terms will result in the immediate termination of your services.
ARTICLE 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service at any time and for any reason.
You understand that your Content (other than your credit card information) may be transmitted in unencrypted form, including (a) transmissions over multiple networks; and (b) changes made to conform and adapt to the technical requirements of connecting networks or devices. Your credit card information will always be encrypted when transmitted over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of or access to the Service, or any contact with the website through which the Service is provided, without our express written permission.
The section titles used in this Agreement are for convenience only and shall not limit or affect these Terms in any way.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We cannot be held responsible if the information provided on this site is inaccurate, incomplete or out of date. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting larger, more accurate, more complete or more current sources of information. Any reliance on the contents of this site shall be at your own risk.
This site may contain certain historical information. By definition, historical information is not current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.
ARTICLE 4 - CHANGES IN SERVICES AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.
We will not be liable to you or to any third party for any change in prices or for any modification, suspension or discontinuance of the Service.
ARTICLE 5 - PRODUCTS
Certain products may only be available online through the Site. Quantities of these products may be limited and their return or exchange is strictly subject to our returns policy.
We have endeavoured to present the colours and images of the products in the shop as accurately as possible. However, we cannot guarantee the accuracy with which colours will appear on your computer screen.
We reserve the right, but are not obliged, to restrict the sale of our products or services to any particular person, geographical area or jurisdiction. We reserve the right to exercise this right on a case by case basis. We reserve the right to limit the quantities of products we offer. All product descriptions and prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of a product on this website is void where prohibited by law.
We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations or that any errors in the service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed by you. We may, in our sole discretion, limit or cancel purchases per person, per household or per order. Such limits may include orders placed by or on the same customer account, the same credit card and/or orders with the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address or telephone number provided at the time the order was placed. We reserve the right to restrict or refuse orders that we believe to have been placed by traders, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
For further information, please see our returns policy.
ARTICLE 7 - DELIVERIES
Each package will be sent to the address provided during the ordering process. Deliveries are made within 48 hours of the order being placed, excluding weekends and public holidays.
Delivery charges may vary depending on the geographical area of delivery. The weight of the items is taken into account when calculating delivery charges. These costs cannot be contested by the customer once they have been notified when paying for the order.
Under no circumstances can we be held responsible for late deliveries. Delivery times are given as an indication only and any delays do not entitle the customer to refuse the goods or to claim damages and/or interest.
In the event of delivery outside the European Union, any customs duties and formalities will be at the expense of the customer. It is the customer's responsibility to check that the products ordered can be imported in accordance with the laws in force in the country of delivery.
In the event of non-delivery, the customer may contact our customer service department.
It is the customer's responsibility to check the parcel on arrival and to make any reservations or complaints that appear justified, or even to refuse the parcel if it is likely that it has been opened or if it shows obvious signs of deterioration.
If the customer has chosen a "Relay Point" as their delivery address, they must collect the parcel if it is available within 8 calendar days. If this is not the case, the package will be returned to us. The item will be refunded, excluding delivery and transaction costs, and put back on sale.
The return policy does not apply to items purchased as part of a promotion or sale, unless there has been a mistake on our part.
Deliveries are made by Mondial Relay, DPD or Bpost.
ARTICLE 8 - OPTIONAL TOOLS
We may provide you with access to third party tools that we do not monitor, control or administer.
You acknowledge and agree that we provide you with access to these tools on an "as is" and "as available" basis, without warranty, representation or condition of any kind and without endorsement. We shall not be liable for anything arising out of or in connection with your use of any Third Party Optional Tools.
Any use by you of the Optional Tools offered through the Site is entirely at your own discretion and risk. In addition, it is your responsibility to inform yourself of and accept the terms and conditions on which such tools are provided by the relevant third party provider(s).
We may also offer new services and/or features through the Website in the future (including the introduction of new tools and resources). These new services and/or features will also be subject to these Terms of Use.
ARTICLE 9 - THIRD PARTY LINKS
Certain content, products and services accessible through our Service may contain elements provided by third parties.
Third party links on this site may take you to third party websites that are not affiliated with us. We are not required to review or evaluate their content or accuracy, nor do we endorse or accept any responsibility for the content or websites or any other content, products or services of third parties.
We are not responsible for any harm or damage in connection with the purchase or use of any goods, services, resources, content or any other transaction related to such third party websites. Please read the policies and practices of these third parties carefully and ensure that you understand them before engaging in any transaction. Any complaints, claims, concerns or questions regarding third party products should be directed to those third parties.
ARTICLE 10 - COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit certain content to us at our request (for example, as part of your participation in contests), or if you submit creative ideas, suggestions, proposals, plans or other materials to us unsolicited, whether online, by email, by mail or otherwise (collectively, "Feedback"), you grant us the right, at any time and without limitation, to edit, copy, publish, distribute, translate and use any Feedback you submit to us in any media. We are not and will not be under any obligation (1) to keep any Feedback confidential; (2) to compensate any person for any Feedback provided; or (3) to respond to any Feedback.
We may, but are not obligated to, remove Content and Accounts containing Content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or in violation of any party's intellectual property rights or these Terms of Use.
You agree that your Comments will not in any way infringe the rights of any third party, including copyright, trademark, privacy, publicity or other personal or intellectual property rights. You further agree that your Comments will not contain any unlawful, abusive or obscene material or any computer virus or other malicious software that may in any way impair the operation of the Service or any related website. You must not use a false email address, pretend to be someone you are not, or attempt to mislead us or any third party as to the origin of any comments. You are entirely responsible for all comments you post and for their accuracy. We accept no responsibility for any comments posted by you or any third party.
ARTICLE 11 - PERSONAL INFORMATION
The transmission of your personal information on our store is governed by our Privacy Policy. Click here to view our privacy policy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on our website or the Service may contain typographical errors, inaccuracies or omissions regarding descriptions, prices, promotions, offers, shipping costs, delivery times and product availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without notice (including after you have placed your order).
We are under no obligation to update, amend or clarify any information on the Service or any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date posted on the Service or any related website shall be deemed to indicate that all information provided on the Service or any related website has been changed or updated.
ARTICLE 13 - PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or any Content to:
(a) for any illegal purpose; (b) to solicit or encourage others to commit or participate in any illegal activity; (c) to violate any local ordinance or any international, federal, provincial or state regulation, rule or law; (d) to infringe or violate our or any third party's intellectual property rights; or (e) harass, abuse, insult, harm, defame, libel, stalk, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information
(g) upload or transmit any virus or any other type of malicious code that will or may be used to interfere with the functionality or operation of the Service or any related web site or other web sites or the Internet; (h) to collect or track the personal data of others; (i) to spam, phish, hijack, extort information, crawl, search or scan the web; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent the security measures of the Service or any Related Site, other websites or the Internet. We reserve the right to terminate your use of the Service or any related site if you violate any of the Prohibited Terms of Use.
ARTICLE 14 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, warrant or represent that your use of the Service will be uninterrupted, secure, timely or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may from time to time indefinitely suspend or terminate the Service at any time without notice.
You expressly agree that your use or inability to use the Service is at your sole risk. The Service and all products and services made available to you through the Service are provided for your use on an "as is" and "as available" basis (unless expressly stated otherwise by us) without representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title or non-infringement.
In no event shall Motors Miniatures, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages, including but not limited to lost profits, revenue, savings or data, replacement costs or other similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of or in connection with your use of the Service or any service or product obtained through the Service, whether in contract, tort (including negligence), strict liability or otherwise, arising out of or in any way connected with your use of the Service or any service or product obtained through the Service, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising out of your use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if you have been advised of the possibility of such claims.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNITY
You agree to indemnify and hold Motors Miniatures, its service providers, subcontractors, suppliers, and officials, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms of Use or the documents referenced herein, or your violation of any law or the rights of a third party.
ARTICLE 16 - SEVERABILITY
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Use, without affecting the validity and enforceability of the remaining provisions.
ARTICLE 17 - TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms of Use will continue in effect unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or if you cease to use our website.
We may also terminate this agreement at any time without notice if, in our sole discretion, we believe or suspect that you are or have been in breach of any term or provision of these Terms of Use. You will then remain liable for all sums due up to and including the date of termination and we may refuse you access to our services (or any part of them) as a result.
ARTICLE 18 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use, or any other operating guidelines or rules posted by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. It supersedes all prior and contemporaneous communications and proposals, whether oral or written, between you and us (including, without limitation, any prior version of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Use shall be construed against the drafting party.
ARTICLE 19 - APPLICABLE LAW
These Terms of Use and any separate agreements by which we provide you with the Services shall be governed by and construed in accordance with the laws of Chemin des pèlerins 1C, Foy-Notre-Dame, Namur, 5504, Belgium.
ARTICLE 20 - CHANGES TO THE TERMS OF USE
You may consult the latest version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting such updates and/or modifications on our website. It is your responsibility to check our website from time to time for changes. Your continued access or use of our website and the Service following the posting of changes to these Terms of Use constitutes your acceptance of those changes.
ARTICLE 21 - CONTACT DETAILS
Any questions regarding the Terms of Use should be sent to contact@motorsminiatures.be.
