Terms & Conditions

Article 1. Applicability

  1. These general terms and conditions (hereinafter: conditions) apply to all commercial activities of MCC-ModelCarParts;
  2. A customer is deemed to have taken note of these conditions and to have accepted them at the time that a written quotation has been made to him;
  3. In those cases in which these conditions do not appear to provide, only MCC-ModelCarParts has the authority to decide.

Artikel 2. Identiteit van de ondernemer

MCC-ModelCarParts  
Adres Kazernehof 40 5017EV Tilburg
Telefoonnummer +31652629983
E-mailadres: heinz@mcc-modelcarparts.nl
KvK-nummer 52833208
BTW-identificatienummer NL001168545B05
   

Article 3. Formation of agreements

  1. An agreement with a customer within the Netherlands is concluded after a quotation issued has been signed, dated and returned by the customer for approval and after a deposit of 50% of the total cost price due has been received by MCC-ModelCarParts.
  2. An agreement with a customer from abroad is concluded after a quotation issued has been signed, dated and returned by the customer for approval and after the full cost price due has been received by MCC-ModelCarParts.
  3. In appropriate cases, MCC-ModelCarParts has the right to refuse an order or to attach certain conditions to the delivery. If an order is refused by MCC-ModelCarParts, this will be communicated to the customer without stating reasons and the deposit or payment will be refunded within a maximum of one month. If certain conditions are attached to the delivery, this will not be done until consultation has taken place with and written consent has been obtained from the customer.

Article 4. Prices and payments

  1. MCC-ModelCarParts expressly reserves the right to change the prices of its products. Should this be the case after acceptance of the quotation by the customer and payment of at least a percentage of the total cost price due, MCC-ModelCarParts will contact the customer, who has the right to terminate the agreement on the basis of the price increase within fourteen days after notification thereof by MCC-ModelCarParts. MCC-ModelCarParts will refund the down payment or payment within a maximum of one month.
  2. The prices used by MCC-ModelCarParts are prices in euros (€) including VAT, but excluding shipping costs and/or additional costs.
  3. The customer is never entitled to offset the amount owed by him to MCC-ModelCarParts. Objections to the amount of an invoice do not suspend the payment obligation. The customer who is not entitled to appeal to Articles 231 to 247 Book 6 of the Dutch Civil Code is also not entitled to suspend payment of an invoice for any other reason.
  4. If the customer is in default or in breach of his obligations (in a timely manner), all reasonable costs incurred to obtain satisfaction out of court will be borne by the customer. The extrajudicial costs will be calculated on the basis of what is customary in Dutch debt collection practice. However, if MCC-ModelCarParts has incurred higher costs for collection that were reasonably necessary, the actual costs incurred will be eligible for reimbursement. Any legal and execution costs incurred will also be recovered from the customer. The customer also owes interest on the collection costs owed.

Article 5. Delivery

  1. MCC-ModelCarParts will take the greatest possible care when receiving orders and delivering products and services.
  2. MCC-ModelCarParts will deliver to the address stated on the quotation.
  3. MCC-ModelCarParts will execute accepted orders as soon as possible, but in principle within 30 days, unless a longer delivery period has been agreed. If delivery is delayed due to unforeseen circumstances, or if an order cannot be executed or can only be executed in part, the customer will in principle receive notification of this within one month after placing the accepted order. In that case, the customer has the right to terminate the agreement without costs. MCC-ModelCarParts will refund the down payment or payment within a maximum of one month.
  4. If, under Dutch law, there is a consumer purchase (7:5 et seq. BW), the customer has the right to return delivered goods within a period of 14 working days without stating reasons. The cooling-off period commences at the moment the customer is in possession of the item.
  5. The return is entirely at the expense and risk of the customer. In the event of a dispute about the return, the customer must be able to provide written proof that the return was made on time. If such proof cannot be provided by the customer, the return is deemed not to have taken place within the cooling-off period set for this purpose. The risk of loss or damage to the return is entirely for the customer.
  6. Returns must be made in the original packaging, including any accessories, accompanying documentation and in undamaged condition. If items have been used by the customer or have been damaged in any way, the right to cancel lapses. The assessment of any damage is reserved for MCC-ModelCarParts.
  7. After MCC-ModelCarParts has approved the return, it will ensure that the down payment or payment will be refunded to the customer within a maximum of one month or that a new comparable product will be delivered in consultation with the customer.
  8. For deliveries abroad, no consumer cooling-off period applies. However, the provisions regarding guarantee remain fully applicable.

Artikel 6. Retention of title

  1. Ownership of delivered or to be delivered goods shall pass to the customer when MCC-ModelCarParts has received the full amount due. When actual delivery takes place after legal ownership has been transferred, MCC-ModelCarParts shall ensure that this is done at its own expense and responsibility in a manner that may be expected of a good family man.

Artikel 7. On-site work

  1. The customer and MCC-ModelCarParts may agree that work will be carried out on-site.
  2. Prior to carrying out the work, the desired work will be recorded in writing and quoted.
  3. After approval of the quote and receipt of an agreed down payment, the intended work will be carried out on-site in mutual consultation. The customer will do everything within the limits of reasonableness and fairness to ensure that the circumstances under which the work is to be carried out are as optimal as possible.
  4. The provisions included in these conditions apply in full to those cases in which work is carried out on-site by MCC-ModelCarParts.

Artikel 8. Liability

  1. MCC-ModelCarParts will do everything in its power to satisfy the customer. In the event of liability of MCC-ModelCarParts, this is always limited to a maximum of the invoice amount of the relevant items. Any other form of liability in the broadest sense of the word is excluded by MCC-ModelCarParts.
  2. The limitation of liability does not apply if the damage is due to intent or gross negligence on the part of MCC-ModelCarParts.

Artikel 9. Warranty

  1. MCC-ModelCarParts grants a 6-month warranty on cars it has converted and electronic components it has supplied to private individuals. A separate contract will be drawn up for commercial parties in which the warranty period is agreed. The warranty period commences on the day that the customer is placed in possession of the item. MCC-ModelCarParts keeps a register in which the delivered cars and electronic components are recorded in order to be able to determine the start and end dates of the warranty period.
  2. The provisions included in these conditions apply in full to those cases in which the warranty is used by the customer.
  3. MCC-ModelCarParts will only charge the shipping costs after repair.

Artikel 10. Indemnification

  1. The customer indemnifies MCC-ModelCarParts against any claims from third parties who suffer damage in connection with the performance of work on location. If MCC-ModelCarParts is approached by third parties on this basis, the customer is obliged to assist MCC-ModelCarParts both out of court and in court and to immediately do everything that may be expected of him in that case. If the customer fails to take adequate measures, MCC-ModelCarParts is entitled to take such measures itself without notice of default. All costs and damage incurred by MCC-ModelCarParts and third parties as a result thereof shall be fully for the account and risk of the customer.

Artikel 11. Intellectual property

  1. MCC-ModelCarParts reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual laws and regulations. MCC-ModelCarParts has the right to use the knowledge acquired by it through the execution of an agreement for other purposes, provided that no strictly confidential information of the customer is brought to the attention of third parties.

Artikel 12. Force majeur

  1. Without prejudice to its other rights, MCC-ModelCarParts has the right in the event of force majeure to suspend the execution of a delivery or to dissolve the agreement without judicial intervention.
  2. In the event of force majeure, this will be communicated to the customer in writing and with reasons.
  3. In the event of force majeure, MCC-ModelCarParts is not obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.

Artikel 13. Applicable law and competent court

  1. All legal relationships in which MCC-ModelCarParts is a party are exclusively governed by Dutch law, even if an obligation is performed in whole or in part abroad or if the party involved in the legal relationship is domiciled there.
  2. MCC-ModelCarParts has the right to submit the dispute to the competent court according to the law.
  3. The parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.