Article 1
- Applicability
1) These
terms and conditions are applicable to all offers, sales agreements and all
there from deriving obligations of or with buyers and counterparties,
meaning customer(s).
Article 2
- Establishment of Agreement
1) An
agreement between Easy Trade BV and the customer is established after the customer
has placed an order through the completely filled in order form on the website
Monstercars.co.uk, this form functions as order confirmation. Once the total amount
owed has been transferred using one of the payment methods we offer, we will proceed
with delivery of the placed order. The customer will also receive confirmation of the
payment made and the time at which the order is shipped;
Article 3
- Delivery
1) In principle
Easy Trade BV strives to ship orders within 3 business days. Specified delivery
time is merely an indication and is never a fatal deadline. We will endeavour to
deliver within a maximum of 30 days in accordance with the law of remote buying
in The Netherlands (wet op kopen op afstand) unless otherwise stipulated. If for
whatever reason this is impossible then the customer may cancel the order free of
charge. Already paid amounts will be credited as soon as possible within
30 days.
2)
This period will commence at the moment the customer has paid for the product.
3)
Delivery will be conducted by GLS Parcel Service. The risk of loss or damage
of the product(s) that are subject of the agreement is the responsibility of
Monstercars and is transferred to the customer at the moment the product(s) are
legally and/or factually delivered to the customer and thus in the power of the
customer or a third party appointed by the customer.
4)
With delivery abroad different terms and conditions may apply.
Article 4
- Product Specifications
1)
Specifications, prices and images have been made as accurate as possible.
We are in principle not responsible for (consequences of) errors or deviations.
2)
The offered goods will be clearly and truthfully depicted and/or described as
fully as reasonably required and the commercial purpose must be clear. In case
of limited validity of an offer, this limitation will be clearly noted.
Article 5
- Complaints
1) Upon
delivery and arrival of the product(s) the customer shall check and assess that
the delivery corresponds with the agreement. If the delivered product(s) deviate
from the agreement, the customer has the right to immediately return the delivered
product(s) unless the deviation from the agreement is so small that the refusal
to accept the delivery is not justified. If however the delivered product(s) is
not immediately at the moment of delivery, but no later than 2 months, refused,
the delivered product(s) are considered as accepted, and the customer loses the
right to come back to any possible deviations of the delivered product(s) of the
agreement.
2) Upon delivery
the customer shall immediately check the goods for visible defects, complaints such
as damaged on delivery will not be accepted.
Article 6
- Warranty
1)
User guarantees that to be delivered products meet any usual demands and standards
that can be asked of them and are free of any and all defects.
2)
The warranty mentioned in section 1 also applies if to be delivered products are
intended for use abroad and the buyer has explicitly reported this intended use
in writing to the user at the moment of making the agreement.
3)
The warranty mentioned in section 1 is valid for a period of 12 months.
4)
If the to be delivered products do not meet this warranty, the buyer shall within
reasonable time after receiving de product(s), or if returning within reason
is not possible, make known in writing the deficiency to the user, at choice of the
user, replace or take care of repairs. In case of replacement the buyer shall return
the replaced product(s) to the user and provide ownership thereof to the user. The buyer (customer) shall at all times be responsible for return shipment costs
5) The
up to here mentioned warranty is not valid when deficiency or defect is the result
of impropper or inappropriate use or when, without written permission of the user,
the buyer or a third party have made adjustments or attempt to make adjustments to
the product(s) or have used these for purposes for which they are not intended.
6) Besides
these warranties legal warranties are still in effect.
Any
potential warranty offered by the business does not take away from the rights
which the consumer can assert on grounds of the law and the agreement at a distance.
Any
potential warranty offered by the manufacturer or importer does not take away from
the rights which the consumer can assert on grounds of the law, the agreement at
a distance and the warranty offered by the business.
Article 7
- Prices and Payment
1) The
displayed prices for the products on offer are in pound sterling and include
VAT and do not include handling and shipping costs and potential taxes or
other charges unless otherwise mentioned or agreed on in writing. Herein
any typing errors are reserved.
2) Before
the agreement is made the customer shall see the total amount including VAT
(and all other potential costs).
3)
Payments under reimbursement shall always be paid in cash.
4)
Prepayments are to be made in full, after which the order will be prepared
for shipping.
5) All
orders need to be paid for by the customer beforehand, without deduction of
costs or compensation within 10 days after commission, unless otherwise agreed
on in writing.
6) The
customer not honouring the agreement concerning the payment, entitles Easy
Trade BV to immediately and extrajudicially suspend and dissolve its
obligations in the agreement.
7) When
after 10 days the invoice has not yet been paid in full, this counts as
default for the customer. From the moment default sets in, the customer owes
interest of 1% a month for the claimable amount. Part of a month will be viewed
as a complete month.
8) In case of
default on the side of the customer concerning meeting obligations, all legal
and extrajudicial costs in obtaining payment, as well as demonstrable higher
costs, which within reason were necessary, are to be paid in full by the customer.
9) Payments
made by the customer shall first be applied to interest due and costs and then
to payable invoices that have longest been outstanding, even if the customer
indicates that the payment is related to a later invoice.
Article 8
- Retention
1) Possession
of products delivered by Easy Trade BV is transferred to the customer only when
all the delivered/to be delivered products as well as any potential costs incurred
from handling and shipping of these products have been paid in full. The risk
concerning the product(s) is transferred to the customer at the moment of delivery.
Article 9
- Customer Complaints
1) Any complaint
by the customer shall be made known in clear terms in an email sent to the Easy Trade
BV address specified on this website.
2) Complaints
will be treated within 10 business days. In case of potential deviation from this
period, the customer shall be contacted.
Artikel 10 - Force Majeure
1) In case of
force majeure, i.e. a non-attributable failure of the supplier, the buyer and or
customer is never qualified to dissolve the agreement.
2) Easy Trade BV
is not held to honour any obligations towards the customer if it is prevented
from doing so as a result of circumstances, which are not its fault, either by law,
act of law or prevailing opinion.
3) Easy Trade BV
shall contact the customer within 21 days in case of force majeure.
4)
Circumstances in article 10.3 and 10.1 can include power outage, transport
delays, a fire or other incidents in the company and not or untimely delivery
by Easy Trade BV's suppliers.
Article
11 – Defects and Complaint Periods
1) The customer shall check the product(s) on delivery or as soon as possible
afterwards. The customer needs to check if the delivered product(s) meet the
agreement, namely: Have the right product(s) been delivered; is the quantity
as agreed; do the product(s) meet the agreed upon quality or, in case this
was not specified, do the product(s) meet the requirements that can be expected
for normal use and/or commercial use.
2) If
visible defects or deficiencies are found by the customer, the customer shall
report these in writing to Easy Trade BV within 7 days after delivery of the
product(s) in an email to the email address which can be found on the website
monstercars.co.uk.
3) Not
visible defects are to be reported in writing to Easy Trade BV by the customer
within 3 days after their discovery, though no later than within 3 months after
delivery.
4) Products
can only be returned after prior written permission has been granted.
Artikel
12 - Return Period
1) For all
products there is a legal return period. This return period is 7 business days
after receiving the product(s). If the customer decides to return the product(s)
within this period they can do so without additional costs. In this case the
product(s) need to be undamaged and unused and be in the original packaging.
In this case the costs of returning the product(s) are to be paid by the customer.
If upon receival we find that the product(s) do not meet the demands above, we
will still collect the invoice payment.
2)
If the customer returns the product(s) with abidance to article 12.1, the
collected payment will be refunded in pound sterling within 30 days.
3) Before
returning the customer has to send an email to the email address specified on
this website containing the invoice number. After this a confirmation will be sent
stating that the email has been received.
Artikel
13 - Changes to the Terms and Conditions
1) Easy Trade BV
is qualified to change or adjust these terms and conditions.
2)
Changes to these terms and conditions are only enforced after these have been
published in the for this purpose appropriate manner, with the proviso, that
in case of applicable changes in the duration of an offer the most favorable
condition for the customer shall prevail.
Artikel
14 – Applicable Law and Jurisdiction
On
all legal relationships between de contractor and the client, Dutch law is applicable.
All disputes, insofar as they meet the competency of the district court, will be tried
by the qualified judge in the place of residency of the contractor.