Terms & Conditions

Terms and conditions

"The Terms of Sale can be consulted in Dutch, and English. In case of a discrepancy between the different versions, the Dutch version prevails. "

 

1. Application and approval of the conditions

1.1 The sales of products via www.modelers-heaven.be is offered by Mister Van Breda Kurt, With VAT number BE 0835.199.197 based in 2530 Boechout, Oude Steenweg 59, Belgium (referred to as seller). Terms and conditions ar those of the seller ..

1.2 As "Buyer" we understand any natural or legal person who buys one or more product (s) through our webshop as well as any visitor of the webshop.

1.3 The current sales conditions apply to all sales made by and made at www.modelers-heaven.be or other agreements made via the webshop and / or e-mail.

1.4 These conditions rule out any other conditions.

1.5 Modelers heaven has to be right to change this sale without any previous warning.

1.6 By ordering via the webshop the buyer declares he knows about these terms and conditions.

1.7 If at any legal declaration one ore more articles in these terms and conditions are declared invalid, the other articels of these terms and conditions will apply unchanged.

 2. The closing of anagreement.

2.1 It is only possible to create a sales agreement between seller and buyer when the seller explicitly accepts the order from the (potential) buyer by sending a order-confirmation.

2.2 The reception of the order confirmation by the buyer is also the moment the agreement is actuated.

2.3 The seller has the right to decline an order or even cancel the order without having to pay the customer any compensation but with the obligation to refund any payements fort his order made by the customer. This clause can be implemeneted when previous order(s) by this customer or his family in case of natural persons caused problems. Also when problems accorred in the same delivery adress or when previous order remain unpayed.

2.4 If the customer fails to end an agreement 7 working days (registered mail) or canceles an agrrem past this 7 working day mark, or if he causes an agreement not to take place, the customer has to pay 20% of the total of this purchase.


3. Price

3.1 All our prices are displayed in euro VAT (21%) included but without shipping. Both VAT and margin apply to our products and will be shown seperately on our invoices.

3.2 The seller has the right to change prices at any time but every order  will be invoiced with the prices that apply at the moment of the purchases. Modelers Heaven is not responsible fort hes price changes.

3.3 The seller can not be held accounteable for (type) errors in the items or offers where the buyer can assume it is an (type) error.

3.4 The amount to be payed is the same as shown on the confirmation exept raises in shipping costs for combined shipping or shipping outside Belgium.   
                         
3.5 The seller has the right to change prices after the agreement based on pricechanes duet o changing shipping costs, new taxes or type errors.

3.6 If prices are changed, the buyer has the right to cancel the agreement. There will be no cancellation fee for the buyer nor will there be an compensation from the seller fort his.

3.7 The items remain in ownership of the seller until the due amount is payed in full by the buyer and confirmed by the seller.

4. Payement

4.1 Payement will always be made in EURO.

4.3 Items wil remain property of untill payement is made in full by the buyer, including shipping costs and VAT.

4.4 The sales are subjesct to Belgian law and problems will be disputed before the appropriate court in the region where our company is based, unless the law dictates otherwise.

4.5 The invoice has to be payed within 15 calender days counting from the invoice date. If this period is not respected there will be legal fines of 10% intrest as well as 10% of the total amount (with a minimum of €25) as a fine. Both amounts are by operation of law and without notice of default.

5. Deliveries

5.1 Deliveries will be made tot he address (home or other) specified in the order.

5.2 It is obvious that the seller makes the ultimate effort tos hip items as soon as possible but indicated delivery times are only indicative.We tray tos hip orders within 5 working days following the payement when all items are in stock.

5.3 If items are not delivered within 30 days  a new delivery date can be discussed between buyer and seller. If there is no new aggreement the aggrrement is legaly cancelled and the seller will repay the buyer any made payements within 30 days following the cancellation.

5.4 The seller can not be held responsabel when an order is not completed due to circumstances beyond control, the los of items duet o accidents, strikes, fire, floods etc. 

6. Right of renunciation

 

6.1 The right of renunciation will only apply on purchases made by a natural or legal person who bought these items for personal, non commercial use.

6.2 The European law of  2014 regarding commercial practices and the information and protection of consumers allows the consumers to inform the seller within 14 calender days after reception of the product that they would like to cancel the sale. They can sen dan email or use the form on our websitel.

6.3 The items should be sent back within 14 calender days after this notification together with all accessories, the user manual and the (copie of) invoice. Everything should be shipped with a tracking to

                          Modelers heaven - Oude Steenweg 59 - 2530 Boechout

6.4 Incomplete, dammaged or dirty items as well as items used/started by the customer will not be taken back. Items that reach us outside legal terms where tracking can not be shown or proven will also not be refunded.

6.5 The seller will refund within 14 calender days after the notification (tracking) of the return of the items eccept the costs of the return shipping or the original shipping costs if the order is only partialy returned.

7. Privacy

7.1 Your personal data will be stored by the seller and kept in your personal account so the seller will be able to complete your transaction succeslully. Future transactions will be faster thanks to this data.

7.2 The seller is held by the Belgian law of december 8th 1992concerning the handling of personal data. This law was changed on december 11th 1998 incorporating the European directories of october 24th 1995.

This law states that persons or companies storing personal data should have permission afrom the person beloning to these data. They have to be relevant, precise and correct and stored for specifiec and clear legal purposes. The person belonging to these data should have acces to these data and be ablo to make changes tot hem. Therefore all requirements of the GDPR directives of may 25th 2018 will also be offered to our customers.


7.3 The seller is committed not to distribute these personal dat to third parties for commercial or non-commercial use.


8. Waranty

8.1 The seller has the responsability to insure that all items are as described and tot he reasonable requirements of soundness and usability and the legal requirements validon the day of the start of the agreement.

Wear and tear, wrongly used items and dammage by driopping or mishandling are not included in this waranty. 
9. Applicable law


9.1 The sales to which the current sales conditions relate is subject to Belgian law.

9.2 n case of a dispute from the canton of our company seat are competent, unless the law dictates otherwise.