Terms and conditions
General Terms and Conditions of Sale
DEFINITION OF THE PARTIES
Between the company Motors Miniatures,
Chemin des pélerins 1C, , Foy-notre-dame, Belgium,
registered at the Banque Carrefour des Entreprises,
under VAT number BE0767517547,
represented by Morgane Beyls
in her capacity as manager,
duly authorised for the purposes hereof.
The Seller may be contacted by e-mail by clicking on the contact form accessible from the home page of the Site.
Hereafter referred to as the "Seller" or the "Company".
On the one hand,
And the natural or legal person who purchases products or services from the Company,
Hereinafter referred to as 'the Buyer' or 'the Customer'.
On the other hand,
PREAMBLE
The Seller is a publisher of Model Collector's Vehicles products and services marketed through its website (https://motorsminiatures.be). The list and description of the goods and services offered by the company can be consulted on the aforementioned website and its sales pages.
ARTICLE 1 - PURPOSE
These general terms and conditions of sale define the rights and obligations of the parties in the context of the online sale of products and services offered by the seller.
ARTICLE 2 - GENERAL PROVISIONS
These general terms and conditions of sale (GCS) apply to all sales of products or services made via the Commerce website and form an integral part of the contract between the buyer and the seller. The vendor reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The Terms and Conditions in force at the time of payment of the order (or the first payment in the case of multiple payments) shall apply. The present GCS can be consulted on the site of Le Commerce at the following address: https://motorsminiatures.net/legal. Le Commerce also guarantees that their acceptance is unambiguous and unreserved at the time of purchase. The Customer declares that he has read all the present general terms and conditions of sale, as well as any specific terms and conditions of sale relating to a product or service, and that he accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs. The Customer declares that he/she has the legal capacity to enter into a contract under Belgian law or that he/she is the legal representative of the natural or legal person on whose behalf he/she enters into a contract. In the absence of proof to the contrary, the information recorded by Commerce shall constitute proof of all transactions.
ARTICLE 3 - PRICES
The prices of the products sold on the Internet sites are indicated in euros, inclusive of all taxes, and are precisely defined on the product description pages. They are also indicated in euros, inclusive of all taxes (VAT + all other taxes), on the product order page and exclusive of specific shipping costs. For all products shipped outside the European Union and/or French Overseas Departments and Territories, the price on the invoice is automatically calculated exclusive of tax. Customs duties or other local taxes or import duties or government taxes may be payable in certain cases. These duties and amounts are not the responsibility of the Seller. They shall be borne by the Buyer and shall be the Buyer's responsibility (declarations, payment to the competent authorities, etc.). In this respect, the vendor invites the purchaser to obtain information on these aspects from the relevant local authorities. The Merchant reserves the right to change its prices at any time in the future. The telecommunications costs required to access the Company's websites shall be borne by the Customer. Where applicable, delivery charges are also payable by the customer.
ARTICLE 4 - CONCLUSION OF THE ONLINE CONTRACT
In order to complete his order, the client must follow a series of steps specific to each product or service offered for sale by the vendor. However, the steps described below are systematic: - information on the main characteristics of the product; - selection of the product and, where applicable, its options, and provision of the Customer's essential data (identification, address, etc.); - acceptance of these general terms and conditions of sale. - Verification of the elements of the order and, if necessary, correction of errors. - Follow-up of payment instructions and payment for the Products. - Delivery of the products. The customer will then receive an e-mail confirming payment for the order and an acknowledgement of receipt of the order. You will also receive a .pdf copy of these general terms and conditions of sale. The products will be delivered to the address indicated by the customer. In order for the order to be processed correctly, the customer undertakes to provide truthful identification details. The vendor reserves the right to refuse an order, for example, if it is abnormal, made in bad faith or for any other legitimate reason.
ARTICLE 5 - GOODS AND SERVICES
The essential characteristics of the goods and services and their respective prices are made available to the buyer on the merchant's websites. The customer acknowledges that he/she has received details of the delivery costs and the terms and conditions of payment, delivery and performance of the contract. The Seller undertakes to fulfil the Customer's order only within the limits of available stock. The Seller will inform the Customer of any failure to do so. This contractual information is presented in detail and in French. In accordance with Belgian law, it will be summarised and confirmed when the order is confirmed. The parties agree that the illustrations or photographs of the products offered for sale have no contractual value. The period of validity of the offer of products and their prices is indicated on the product sales pages, as well as the minimum duration of the contracts proposed when these relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted herein are granted exclusively to the natural person who signs the order (or to the person who holds the e-mail address provided). In accordance with the legal provisions on conformity and hidden defects, the Seller will refund or replace defective products or products that do not correspond to the order. Refunds may be requested by contacting the vendor by e-mail or letter.
ARTICLE 6 - RETENTION OF TITLE CLAUSE
The products remain the property of Commerce until full payment has been received.
ARTICLE 7 - DELIVERY CONDITIONS
The products will be delivered to the delivery address indicated at the time of the order and within the period indicated. This period does not take into account the time required to prepare the order. If the customer orders several products at the same time, these may have different delivery times and be delivered by different methods. The Seller will provide a telephone contact point (cost of a local call from a landline), indicated in the order confirmation e-mail, to monitor the order. The vendor reminds you that once the customer takes physical possession of the products, the risk of loss or damage to the products is transferred to the customer.
ARTICLE 8 - AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to the available stocks of our suppliers.
ARTICLE 9 - PAYMENT
Payment is due immediately upon placing the order, even for pre-ordered products. The customer can pay by credit card, paypal and bank transfer. Secure online payment by credit card and Paypal is carried out by our payment service provider. The information transmitted is encrypted using the latest technology and cannot be read during transmission over the network. Once the payment has been made by the customer, the transaction is debited immediately after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorises the Vendor to debit his/her card with the amount corresponding to the price indicated. The customer confirms that he/she is the legal owner of the card to be debited and that he/she is legally authorised to use it. In the event of an error or if the card cannot be debited, the sale will be immediately cancelled and the order cancelled.
ARTICLE 10 - WITHDRAWAL PERIOD
In accordance with article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal, without having to justify his reasons or pay any penalties, except, where applicable, the cost of returning the goods". The period referred to in the previous paragraph shall run from the date of receipt, in the case of goods, or from the date of acceptance, in the case of services. The right of withdrawal may be exercised by contacting Commerce by e-mail, telephone or in the space provided. If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the cost of returning the Product(s) will be borne by the Customer. The products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new; if possible, they must be accompanied by a copy of the receipt.
ARTICLE 11 - GUARANTEES
In accordance with the law, the vendor gives two guarantees: one for conformity and one for hidden product defects. The vendor will reimburse the purchaser or replace the products that are faulty or do not correspond to the order placed. Requests for refunds must be made by contacting the vendor by e-mail or letter. The seller reminds that the consumer: - has a period of 2 years from the delivery of the goods to act with the seller - can choose between the replacement or repair of the goods under the conditions set out in the above provisions. obviously defective or not conforming - is exempt from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. - that, except in the case of second-hand goods, this period will be extended to 24 months from 18 March 2016; - that the consumer may also invoke the guarantee against hidden defects in the goods sold within the meaning of Article 1641 of the Civil Code and, in this case, may choose between the rescission of the sale or a reduction in the purchase price (provisions of Article 1644 of the Civil Code); - that the consumer may also invoke the guarantee against hidden defects in the goods sold within the meaning of Article 1641 of the Civil Code and, in this case, may choose between the rescission of the sale or a reduction in the purchase price.
ARTICLE 12 - COMPLAINTS
If necessary, the buyer can make any complaint by contacting the shop by e-mail or by letter.
ARTICLE 13 - INTELLECTUAL PROPERTY RIGHTS
The trademarks, domain names, products, software, images, videos, texts and, more generally, any information subject to intellectual property rights are and shall remain the exclusive property of the vendor. No transfer of intellectual property rights is made by these general terms and conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 14 - FORCE MAJEURE
The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that prevents performance. The seller will inform the customer as soon as possible of the occurrence of such an event.
ARTICLE 15 - NULLITY AND MODIFICATION OF THE CONTRACT
Should any of the provisions of this agreement be null and void, such nullity shall not affect the validity of the other provisions, which shall remain in force between the parties. Any amendment to the contract shall only be valid if agreed in writing and signed by the parties.
ARTICLE 16 - RGPD AND PROTECTION OF PERSONAL DATA
In accordance with the European regulation on the protection of personal data, you have the right to access, modify, oppose and rectify your personal data. By accepting these general terms and conditions of sale, you consent to the collection and use of this data for the performance of this contract.
ARTICLE 17 - APPLICABLE LAW
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale transactions referred to herein, shall be governed by Belgian law.
