Based on the General Data Protection Regulation (GDPR 25th May 2018) clients of whom MCC-ModelCarParts processes2 personal data1 have certain rights3 concerning privacy.
1Personal data include: name, surname, initials; addresses (street name, house number, postal code and hometown); telephone number; email address and similar (e.g. social media). MCC-ModelCarParts will only record personal data with approval of the customer and in case of an agreement with the customer. Both will be recorded on hard copy and stored.
2Processing: storage (recorded digitally or on hard copy) and utilization (with the purpose of communication, delivery, etc.) of the personal data mentioned above. Personal data are requested in order to fulfil a common purpose and will only be processed and stored accordingly, and no longer than required.
3Expanded and improved rights: every customer of MCC-ModelCarParts has the right to see; be informed of; change; or have MCC delete their personal data at all times. Additionally, the customer is able to ordain and communicate their data in a simple way.
MCC-ModelCarParts will record a register of processing in order to prove its compliance with the GDPR. This register contains the personal data and the purpose of the storage of these data. Personal data will not be shared with one or more other organisations unless legally required.
Terms and Conditions MCC-ModelCarParts
Article 1. Relevance
1. These terms and conditions (referred to as: terms) are relevant to all trading activities of MCC-ModelCarParts; 2. Customers are expected to have read and accepted these terms when they are provided with a written quotation; 3. In cases in which these terms are not sufficing, MCC-ModelCarParts is the only rightful decision maker.
Article 2. Identity of the entrepreneur
MCC-ModelCarParts Drimmelenstraat 32 5043 JZ Tilburg
Telephone number: +316 5262 9983
Email address: email@example.com
KvK number: 5283 3208
VAT-identification: NL 044 847 300 BO 3
Article 3. Origin agreements
1. An agreement with a customer within the Netherlands arises when the quotation is accepted, signed, dated and sent back by said customer, and after the down payment of 50% of the total purchasing price is received by MCC-ModelCarParts.
2. An agreement with a customer outside of the Netherlands arises when the quotation is accepted, signed, dated and sent back by said customer, and after the total purchasing price is received by MCC-ModelCarParts.
3. In rising cases MCC-ModelCarParts has the right to decline an order or apply certain conditions to the delivery of its services. When MCC-ModelCarParts declines an order, it is not obliged to specify the reason to the customer and it will give the customer a refund of the complete down payment within a maximum of one month. There will be no conditions pertaining the delivery before this has been discussed with the customer and the customer has given a written accord.
Article 4. Pricing and payments
1. MCC-ModelCarParts reserves the right to change the pricing of its products at all times. In case this price fluctuation occurs after a customer agrees to the offered quotation and after the down payment of the stated percentage of the total purchasing price, MCC-ModelCarParts will inform the customer of these changes, after which the customer has the right to end the agreement within 14 days after this announcement. The down payment will be refunded by MCC-ModelCarParts within a maximum of one month.
2. The pricing of MCC-ModelCarParts is expressed in euros (€) including VAT, but excluding shipping costs and/or any possible extra costs.
3. The customer does not have the right to settle its debt to MCC-ModelCarParts. Objections to the values stated on an invoice do not interfere with the obligations concerning payment to MCC. Neither does the customer have the right to suspend payment of an invoice for whatever other reason, as it has no calling on articles 231 to 247 of book 6 BW.
4. When the customer is neglecting its obligations, all relevant costs to settling the debt will be accounted for by the customer himself. These costs will be calculated according to Dutch standards. When MCC-ModelCarParts has made necessary higher costs, the real costs are eligible for compensation. Possible judicial and execution costs will also be accounted for by the customer. The customer is also indebted to interest over the owed costs.
Article 5. Delivery
1. MCC-ModelCarParts shall take the most possible care in receiving orders and delivering products and services.
2. MCC-ModelCarParts shall deliver to the address tied to the quotation.
3. MCC-ModelCarParts shall process accepted orders as quick as possible, normally within 30 days, unless a longer delivery term has been agreed upon. If the delivery is delayed due to unforeseen circumstances, or if an order can not or only partially be executed, the customer will in principle receive notification within one month after placing the accepted order. In that case, the customer has the right to terminate the agreement without any costs. MCC-ModelCarParts will refund the down payment or payment within a maximum of one month.
4. If there is a consumer purchase under Dutch law (7: 5 et seq. Of the Dutch Civil Code), 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 power of the case.
5. The return of products is entirely at the expense and risk of the customer. In the event of a dispute about the return shipment, the customer must be able to provide written proof that the return has been made in time. If such proof can not be submitted by the customer, the return will not be deemed to have taken place within the reflection period set for that purpose. The risk of loss or damage to the return shipment is entirely for the customer.
6. Return shipment must be made in its original packaging, including any accessories, accompanying documentation and in an undamaged condition. If items have been used by the customer or damaged in any way, the right to dissolution will lapse. The assessment of any damage is reserved to MCC-ModelCarParts.
7. Once MCC-ModelCarParts has approved the return shipment, 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, there is no consumer cooling-off period. However, the provisions regarding warranty remain unaffected.
Article 6. Reservation of ownership
1. Ownership of goods delivered or to be delivered passes to the customer when MCC-ModelCarParts has received the full amount due. When actual delivery takes place after the legal ownership has been transferred, MCC-ModelCarParts will ensure that this is done for its account and accountability in a manner that may be required of a good family man.
Article 7. Work on location
1. The Customer and MCC-ModelCarParts can agree that work will be performed on location.
2. Prior to the performance of the work, the parties will determine in writing what the desired work will be and will be quotated.
3. After approval of the quotation and receipt of an agreed down payment, the activities in question will be carried out on location by mutual agreement. Within reasonable limits and fairness, the customer will do everything to ensure that the conditions under which the work is to be carried out are optimized.
4. The provisions included in these conditions apply in full to those cases in which work is carried out on location by MCC-ModelCarParts.
Article 8. Liability
1. MCC-ModelCarParts will do everything in its power to satisfy the customer. In case 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 of MCC-ModelCarParts.
Article 9. Warranty
1. MCC-ModelCarParts grants a 6-month warranty on its converted cars and electronic components supplied to private individuals. A separate contract is drawn up for commercial parties in which the warranty period is agreed. The warranty period commences on the day the customer is in power of the case. MCC-ModelCarParts keeps a register in which the delivered cars and electronic components are included to determine the start and end date 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-Model CarParts will only charge the shipping costs after repair.
Article 10. Indemnification
1. The customer indemnifies MCC-ModelCarParts for any claims from third parties that suffer damage in connection with the execution of work on site. If MCC-ModelCarParts should be addressed by third parties for this reason, the customer is obliged to assist MCC-ModelCarParts both in and out of court and to immediately do anything that may be expected of him in that case. Should the customer fail to take adequate measures, MCC-ModelCarParts shall be entitled to proceed without notice of default. All costs and damage on the part of MCC-ModelCarParts and third parties thereby arise, are fully at the expense and risk of the customer.
Article 11. Intellectual ownership
1. MCC-ModelCarParts reserves the rights and powers that accrue to it under the Copyright Act and other intellectual laws and regulations. MCC-ModelCarParts has the right to use the knowledge gained through the implementation of an agreement for other purposes, insofar as no strictly confidential information of the customer is brought to the notice of third parties.
Article 12. Force majeure
1. Without prejudice to the other rights it is entitled to, MCC-ModelCarParts has the right in case of force majeure to suspend the execution of a delivery at its own discretion, or to dissolve the agreement without judicial intervention.
2. In case of force majeure this will be communicated to the customer in writing and with reasons given.
3. In case of force majeure, MCC-ModelCarParts is not obliged to pay any compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness.
Article 13. Applicable law and qualified judge
1. Dutch law applies exclusively to all legal relationships to which MCC-ModelCarParts is a party, even if a contract is fully or partially executed abroad or if the party involved in the legal relationship is domiciled there.
2. MCC-ModelCarParts has the right to submit the dispute to a lawfully declared qualified judge.
3. The parties will first appeal to the judge after they have made every effort to settle a dispute in mutual consultation.