GENERAL DELIVERY TERMS OF RC-Europe
Article 1. Applicability
1.1 All offers, orders and agreements of RC-Europe are subject to these General Terms and Conditions of Sale (hereinafter: Conditions) to the exclusion of any other general terms and conditions. These Terms and Conditions can also be consulted via the Internet, see: https://www.rc-europe.eu
1.2 Accepting an offer or placing an order means that you accept the applicability of these Terms and Conditions.
1.3 The provisions of these Conditions can only be deviated from in writing, in which case the other provisions remain in full force.
1.4 All rights and claims, as stipulated in these Conditions and in any further agreements for the benefit of RC-Europe, are also stipulated for the benefit of intermediaries and other third parties engaged by RC-Europe.
Article 2. Offers / agreements
2.1 All offers of RC-Europe are without obligation and RC-Europe expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.
2.2 An agreement is only concluded after acceptance of your order by RC-Europe. RC-Europe is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly provided otherwise. If an order is not accepted, RC-Europe will notify this within ten (10) working days after receipt of the order.
2.3 Because we cut on order and standard NO stock, we can in principle NOT return items, unless there is clearly a production error and there is NOT built on the model. If it has been built, we can only replace the incorrectly produced parts for good / new parts. If you still want to return the product and have NOT started the construction AND the parts have NOT been removed from the plates, then we have to confirm this in writing and we are forced to deduct 20% of the price from the return due to (new) packaging, checking and storage of the article, however, refund is NOT right but in consultation a goodwill of us (also depending on the model).
2.4 Accessories, as well as specially ordered and developed items for you are NOT taken back or credited by us. Models that you have purchased from us will only be taken back if it has been clearly agreed in advance (in writing) that an item may be returned on a certain period of time under certain written conditions. Here too, a deduction of 20% applies due to internal costs. Costs for return shipping are always payable by the customer.
2.5 In the event of an order and payment by the customer and subsequent cancellation of the order, costs paypal or similar costs will be deducted from the amount to be refunded. Customer must be well aware of this.
2.6 None of our models can be compared with a model from the past or how another company offers a model. This also does not give any reason to return a product.
Article 3. Prices and payments
3.1 The prices stated for the products and services offered include VAT and excluding handling and shipping costs, any taxes or other charges, unless otherwise stated or agreed in writing.
3.2 Payment can be made by payment in advance or cash on collection / collection. In case of payment by bank, the date of payment is the date of crediting the bank account of RC-Europe.
3.3 If you are in default with any payment, RC-Europe is entitled to suspend or dissolve (the execution of) the relevant agreement and related agreements.
3.4 If the prices for the offered products and services increase in the period between the order and the execution thereof, you are entitled to cancel the order or dissolve the agreement within ten (10) working days after notification of the price increase by RC-Europe. .
3.5 Prices can be changed by us at any time without prior notification and will then be invoiced at the then current prices.
Article 4. Delivery
4.1 The delivery times stated by RC-Europe are only indicative. Exceeding any delivery term does not entitle you to compensation or the right to cancel your order or to dissolve the agreement, unless the exceeding of the delivery period is such that you can not reasonably be required to maintain the agreement. In that case you are entitled to cancel the order or to dissolve the agreement insofar as this is necessary. Although we usually have short delivery times, it can happen that due to materials or rush-hour delays in delivery, up to a 4 to 6 weeks there is no reason to cancel (of course we also try to keep the delivery times as short as possible).
4.2 Transport damage caused by postal delivery is out of our sight or risk. However, we will fully cooperate to get compensation but this is unfortunately dependent on the shipping company and / or their partners. A proof of delivery by the sender also applies to us as proof that package has been delivered in case there is a dispute about whether or not it is delivered. In case a package has been delivered by the courier to the neighbors, for example, this applies to us as being delivered.
4.3 The delivery of the products takes place at the place and time at which the products are ready for shipment to you.
Article 5. Reservation of ownership
5.1 The ownership of the delivered products will only pass if you have paid all that you owe to RC-Europe on the basis of any agreement. The risk with regard to the products already passes to you at the moment of delivery.
Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by RC-Europe.
6.2 RC-Europe does not guarantee that the products delivered to you do not infringe on any (unwritten) intellectual and / or industrial property rights of third parties.
Article 7. Complaints and liability
7.1 You have the obligation to examine at delivery whether the products meet the agreement. If this is not the case, you must inform RC-Europe as soon as possible and in any case within seven (7) working days after the delivery, at least after observation was reasonably possible, in writing and motivated.
7.2 If it is shown that the products do not comply with the agreement, RC-Europe has the choice to replace the products concerned with new or similar products upon return thereof or to refund the invoice value in the form of a voucher.
7.3 Because we produce items after order we can NOT take back items unless agreed in advance in writing. Custom projects (design or customization at the request or at the request of the customer are NEVER taken back, this also does not apply to the 14 days cooling-off period.) With custom projects it is possible that fits are not 100% correct, because in principle we DO NOT build a prototype to detect any errors, please keep this in mind.
7.4 In case we cut a file that is delivered by you, return is NOT possible by us.
7.5 RC-Europe can not be held liable for any damage and consequential damage, own or third-party, of whatever nature resulting from the use of the articles.
At the same time, the guidelines in the instructions and on the packaging must be strictly followed.
Article 8. Orders / communication
8.1 For misunderstanding, mutilation, delays or inadequate delivery of orders and announcements as a result of the use of the Internet or any other means of communication in traffic between you and RC-Europe, or between RC-Europe and third parties, insofar as they relate to the relationship between you and RC-Europe, RC-Europe is not liable, unless and insofar as there is intent or gross negligence of RC-Europe.
Article 9. Force majeure
9.1 Without prejudice to the other rights it is entitled to, RC-Europe has the right, in case of force majeure, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, this by you in writing or per e-mail and this without RC-Europe being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
9.2 Force majeure means any shortcoming which can not be attributed to RC-Europe, because it is not due to her fault and not under the law, legal act or generally accepted for its account.
Article 10. Miscellaneous
10.1 If you inform RC-Europe in writing by email of an address, RC-Europe is entitled to send all orders to that address, unless you inform RC-Europe in writing by email of a different address to which your orders should be sent.
10.2 If RC-Europe has allowed deviations from these Conditions for a short or longer period of time, tacitly or otherwise, this shall not affect its right to demand immediate and strict compliance with these Conditions. You can never assert any right on the grounds that RC-Europe applies these Conditions smoothly.
10.3 If one or more of the provisions of these Terms and Conditions or any other agreement with RC-Europe are in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new one to be determined by RC-Europe. legally permissible comparable provision.
10.4 RC-Europe is authorized to use third parties in the execution of your order (s).
Article 11. Applicable law and competent court
11.1 Dutch law applies exclusively to all rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as to these Terms and Conditions.
11.2 All disputes between parties will only be submitted to the competent court in the Netherlands. In the residence of RC-Europe.
Article 12. Warranty
12.1 The warranty on radio controlled and electrical products only applies to manufacturing errors and is at most the legal term, but never longer than 6 months after sale, this can only be submitted by the original sales receipt. There is no guarantee on batteries, chargers and batteries. Breakage / transport damage and normal wear is not covered by the warranty. Use / wear parts are only covered by a warranty if there is a demonstrable production fault or design error at issue.
12.2 In case we have reasonable doubt that an item has been sold before the purchase receipt indicates, the model is too heavily loaded or has broken down due to damage / collision / misuse and parts are broken that would not be broken in normal treatment We reserve the right not to repair any parts or only the parts that would fall under warranty from a normal point of view.
12.3 If you have a faulty item and need to return it to RC-Europe, you must comply with the following. In the case of a return shipment, this must be done in the original packaging. All accessories such as batteries, chargers, batteries, etc ... must also be returned. An extensive problem description must also be included.
Only goods that have been reported in advance as a warranty claim will be processed.
If an item is not broken or has been destroyed by incorrect use, the costs incurred will be invoiced at € 15.00 per 15 minutes excluding VAT. If travel costs are required, they amount to 30 cents per kilometer driven, calculated from Amersfoort.
Return costs of goods to RC-Europe are always at the expense of the customer. Return costs for repaired or replaced goods returned to the customer are exclusively for the account of RC-Europe if goods under warranty are replaced or repaired.
If goods have been destroyed by careless use or are not broken, the return costs will be charged to the customer. the right to, at your choice, suspend the execution of your order, or to dissolve the agreement without judicial intervention, this by informing you in writing or by email and this without RC-Europe being obliged to pay any compensation. unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness.
We tried to translate the delivery terms as good as possible, however the DUTCH form is the main term if for some reason there is a dispute.