BerlinettaOffers on webshop only valid as stocks last.
Shipping-prices in the webshop are for registered parcels with tracking.
Pré-orders are only valid when paid. Pré-paid pré-orders will be delivered first.
Paypal by request (under condition, fee 5%).
TERMS AND CONDITIONS * General Terms and Conditions of Sale
Article 1 - Object and Scope of application.
The e-commerce site www.berlinetta-modelcars.be (the site) is an online site selling scale models and accessories for modelling which belong to berlinetta, registered at the Crossroad Bank under the number BE 0897.461.123, whose head office is located at 3140 Keerbergen, Korte Welvaart 37, in Belgium.
Internet users wishing to buy berlinetta's products are referred to in these General Terms and Conditions as "the customer".
By ordering any product offered on the site, the customer is presumed to have consulted the General Terms and Conditions as set out in Article 2 and accepted them expressly. Validating an order form is deemed to be equivalent to an electronic signature which has the same value between the parties as a written signature and serves as evidence that the order is complete and proper and that the amounts due may be claimed in performing that order. The contract for sale is concluded in English.
The present General Terms and Conditions govern the rights and obligations of the parties arising out of the online sales of products offered on the site belonging to berlinetta. Although the site is aimed at all the world, berlinetta provides all its services from Belgium, and the contract between the parties will be deemed to be performed in Belgium, dispatching to different countries. These General Terms and Conditions apply to all products sold on the site, and prevail over any and all other terms and conditions on the part of berlinetta or the customer. They may not be varied without berlinetta express prior consent in writing.
Article 2 - Capacity in law and Acceptance.
Anyone wishing to buy products from berlinetta must have capacity to act in law. Should anyone be declared without capacity, they may not buy any products on the site and so acquire the capacity of customers. They must then purchase through their lawful representatives.
The customer accepts these General Terms and Conditions expressly by clicking on a tick to buy an item. The customer has been able to read and print these General Terms and Conditions.
Article 3 - Products description and availability.
Products offers are those as they appear on the site at the time the customer implements their order subject to those products being available.
berlinetta agrees to make every effort to deliver all orders.
berlinetta cannot however be held liable for products not being available or for any losses which maight arise as a result. Should one or more products in an order not be available, berlinetta will inform the customer by e-mail that it has cancelled his order or her order wholly or in part or split it. Should products be found to be unavailable and the customer is informed of this but they have already paid for their products, berlinetta will refund the amount paid immediately, informing the customer by e-mail accordingly. How fast the refund is actually made depends on how the customer chose to pay when making thair purchase. Should the customer find the refund is taking an abnormal length of time, they are advised to contact their bank. berlinetta will in any case make the refund within 30 days.
All products offered for sale on the site are described in good faith and conscientiously and as accurately as is possible; but the photographs on the site are of no contractual value whatsoever. berlinetta cannot accept any liability for any errors which may appear in the descriptions of the products or photographs, including slight variations in colours and dimensions.
Article 4 - Prices, Delivery Costs and Invoicing.
Prices are those as shown on the site at the moment the customer places their order.
Prices stated during the purchasing process are expressed in euros and exclude VAT.
Prices do not include transport costs: these will be charged separately, and the customer must pay them in addition to the purchase price. Any discount the customer is allowed will be deducted from the price separately.
berlinetta reserves the right to vary selling prices and transport costs at any time, although the products purchased and costs will always be invoiced at the prices as stated in the e-mail which confirms the order. These are the prices that applied at the time of purchase, provided the products were available.
The customer agrees to berlinetta sending its invoices electronically.
Products will remain berlinetta's property untill such time as the customer pays for them in full, i.e. purchase price and costs in full.
Article 5 - Modalities of payment.
Purchases can only be paid for online by banktransfer.
Goods can also been collected in our shop were you can pay by cash or by cards (Bancontact, Visa, Mastercard, Maestro).
berlinetta reserves the right to refuse any order from a customer with whom it is in dispute or who has brought a dispute in the past. berlinetta may also refuse an order should the customer not have paid for a previous order, wholly or in part.
Article 6 - Ordering products.
Notwithstanding any evidence the customer may have in writing, it is expressly agreed that data registered in berlinetta's IT systems, those of its hosting partners or Internet payment partners alone shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the parties.
To place an order, the customer goes to the heading of their choice, chooses the article and click on buy. This put that article selected in the shopping bag. The customer can correct their order as long as they are in the shopping bag. If the customer wishes to confirm their order, they must select a delivery and payment method. The total amount that must be paid is stated clearly throughout the whole of the billing process. Once the payment is completed, the order is now final and cannot now be changed.
The customer will be sent an initial e-mail confirming their order once they have made their purchase in any case. They will then get a second mail when their order is dispatched.
All contractual details of the order will be communicated to the customer in English or Dutch for Flanders & the Netherlands or French for Wallonie & France.
Article 7 - Delivery.
When confirming their order, the customer can choose delivery to a given address (home, work or other). Deliveries are made by Post or other shipper like Fedex.
Should the customer opt for delivery to a given address, berlinetta will do its best to ensure that that order is dispatched within a few days of confirming the order. The carrier will attend that address between 08.00 AM and 18.00 PM on working days. The carrier will hand over the package(s) to the addresse or anyone else present at that address. If no one is there, a message will be left in the mailbox of the address stated which can be used to ask for another attempt to deliver, either to the same address or to another address. In some cases delivery to the neighbourgh are a possiblity too.
Should the customer fail to arrange for redelivery within three weeks of confirming the order, or should they be out when that redelivery is made, the order will be returned to berlinetta automatically, who will then contact the customer to arrange for the order to be delivered, in which case the customer may be asked to pay additional delivery costs.
Products ordered will be delivered to the delivery address as stated by the customer during the ordering process and then subject to the terms and conditions described therein.
berlinetta reserves the right to split orders into one or more deliveries as products are available. Each delivery will be notified by e-mail.
Should a delivery go missing during the delivery process, and the provisions of this article are complied with, berlinetta will send a new shipment entirely at its expense if the product is still available or refund the value of the order including transport costs. The risks of loss and/or damage pass to the customer on delivery.
Article 8 - Cancellation right and modalities of return.
Unless the site expressly state otherwise, the customer may notify berlinetta within 7 days of receiving the products that they wish to exercise their right to revoke without being liable to pay any damages on that account and without having to give any reasons.
Should a customer notify berlinetta that they wish to revoke their contract to buy, they must do so within 14 calendar days of receiving the product as above.
The right to revoke in respect of products delivered only applies if the product is also actually returned within seven calendar days of the customer notifying berlinetta that they wish to revoke their purchase. berlinetta will be aware of this as soon as the customer has completed a return document in full. The product revoked must be sent back as new in its original packaging, in perfect condition and accompanied by the original sales invoice (of which the customer retains a copy) and a return document. Any returns for which the sender cannot be identified will be refused. After the seven calendar days, berlinetta can no longer accept returns and will return them to the sender.
Returns must be sent to the address below:
berlinetta online store * Korte Welvaart 37 * B - 3140 KEERBERGEN
The costs and risks involved in returns will be worne by the customer.
Purchases will be refunded within 30 calendar days of berlinetta receiving returns in good time, provided all conditions as specified above have been strictely complied with. Under no circumstances can the amount repaid ever exceed what the customer actually paid.
The refunds are made as follows :
by banktransfer if the customer had paid by banktransfer or by Paypal if the customer had paid by Paypal.
Article 9 - Gift Cards.
Gift cards can be ordered and will always been sent by post. We do not send electronically gift cards.
These can be redeemed in our shop in Keerbergen.
Gift cards remain valid indefinitely. They can be redeemed in part or in its entirety. If you do not use the full amount at once, you will receive a new gift car for the remaining amount. You can freely determine the value of the gift card you will be buying, as long as the amount is between €20 and €250. Gift cards will be shipped separately and free of charges. Gift cards cannot be returned and may not be exchanged for cash or any other payment, not even partially.
If your total order exceeds the value of your gift card, the remaining balance must be paid by one of our available payment methods.
berlinetta is not responsible if a gift card is stolen, resold, destroyed, lost or used without your permission.
Article 10 - Legal warranty.
berlinetta warrants that the products offered for sale do not suffer from any visible or latent defects which render the products impossible or dangerous to use. This warranty is without prejudice to the statutory rights the customer has under their national legislation. The customer is guaranteed against any non-compliance which exists when a product is delivered and which manifests itself within 6 months of being delivered. This 6 months-period will be suspended for as long as it takes to repair or replace the product or should berlinetta and the customer be involved in negotiations with a view to settling matters amicably.
Customers must contact berlinetta should they wish to invoke this warranty immediately, and must notify berlinetta on the non-compliance via berlinetta in writing in any case within two months of discovering the defect. Under no circumstances does the warranty apply to products which are damaged internationally by third parties or by the cusomer's negligence; nor does it apply if the damage is due to sleet, transport or incorrect use. Refund ore replacement are only possible if the manufacturer of the product agrees in replacement or refunding.
Article 11 - Intellectual property.
All elements of the site, including texts, the database with all data published on the website, the layout and graphic design of the web pages, the sales catalogue, photos, images, video and music on the site are protected by copyright, database rights, trademark rights, patent rights and all other forms of intellectual property rights worldwide. They are exclusively property of berlinetta. They may not therefore be copied, published, imitated or used in any other way in any form without berlinetta's prior consent in writing. Such consent must be obtained in writing, unless berlinetta itself has made it possible to share certain elements via social networks, in which case consent will be limited to the specific elements and social networks for which berlinetta has made it possible to share them. Any infringements of this will be pursued in the courts.
Article 12 - Liability.
berlinetta cannot under any circumstances be held liable for any losses suffered directly or indirectly (loss of use, loss of profits, loss of oppurtinity etc.) arising out of using the sites or their being unavailable. It cannot be held liable for any damage to the customer's systems incurred through visiting the sites including being hacked or computer viruses.
berlinetta cannot be held liable for any errors which may be in photographs or text used in describing products on sites.
berlinetta cannot be held liable for not delivering orders because products are out of stock or for reasons beyond its control, including circumstances of force majeure, including disturbances of or suspension of transport, post or communications services, in the event of flood or fire, accidents or damage inherent in using the network. In any cases where berlinetta is or could be held liable, berlinetta's liability will be limited to the amount the customer actually paid for the order concerned.
The agreement between the parties is governed by Belgian law.
In the event of a dispute, the parties shall try to find an amicable solution before initiating any proceedings. Should any disputes arise between the parties concerning the agreement, the courts of the judicial district of Mechelen (Belgium) will have exclusive jurisdiction to hear the case.
Article 14 - Contact and enquires management.
Should they have any queries concerning their purchases, customers can contact berlinetta via the contact form available on the site. berlinetta warrants it will offer customers answers within ten working days.
Article 15 - Modification.
berlinetta may vary the present General Terms and Conditions at any time, including to comply with its statutory obligations. Changes notified via the website will apply to all subsequent offers and orders.
berlinetta reserves the right to vary the design and content of its website at any time. Customers are entirely at liberty to deactivate their accounts if the General Terms and Conditions or the layout or content of the website are changed.
Should any court decision result in any of the article(s) or paragraph(s) of the present General Terms and Conditions being null and void or unenforceable, that will not affect the validity or enforceability of the other articles and paragraphs of the present General Terms and Conditions or the agreement between the parties.
Personal data obtained via this website are processed by berlinetta, Korte Welvaart 37, 3140 Keerbergen, Belgium.
We warrant that we will only use this data to manage the service, after-sales services and to send you information. You can call up your data and correct it and refuse to allow us to use your data to send you information. All you have to do is to request this in writing to the address above or to firstname.lastname@example.org(1)
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(1) The Directive 95/46/EC of the European Parliament and of the council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and the national transportation laws (Belgian Act dd. 8 December 1992 Act on Privacy Protection in relation to the Processing of Personal Data, the Luxemburg Act of 2 August 2002 on the protection of individuals with regard to the processing of personal data and the Netherlands Act of 03 July 2000 on the protection of personal data).