Terms & Conditions
Purchase/sale terms and conditions of the e-shop www.modelsshop.eu.
1.1. After the buyer agrees to these terms and conditions (by reading these terms and conditions and ticking the box “I have read and agree to the Terms & Conditions of modelsshop.eu”), these terms and conditions will become a binding legal document, which states the rights and obligations of both the buyer and the seller; the terms for the purchase of goods, payment for the goods and delivery and return of the goods; liability of the parties and other terms and conditions related to the purchase and sale of goods in the e-shop modelsshop.eu.
1.2. The seller has the right to change or alter these terms and conditions at any time. Registered users will be notified of all the changes and alterations to these terms and conditions via their registered email address. All the amendments to these terms and conditions will take effect upon all orders placed after these changes were made.
1.3. All natural persons with legal capacity; minors from the age of 14 to 18 only with the consent from their parents or guardians, except when they dispose their salary independently; and legal persons have the right to purchase from our e-shop.
2. Validity of the Purchase/Sale Contract
2.1. The contract between the buyer and the seller is signed from the moment the buyer has chosen the goods, added them to the basket and clicks on a link “Confirm your purchase”/”Submit your order”.
2.2. Modelsshop.eu does not have any additional obligations to notify the buyer about their entry into a contract. The order is confirmed by modelsshop.eu from the moment they start to carry out the contract.
2.3. All the purchase/sale contracts between the buyer and the seller will be registered and stored in an online database of the e-shop modelsshop.eu.
3. Buyer’s Rights
3.1. The buyer has the right to purchase goods in e-shop modelsshop.eu subject to these terms and conditions and the rules stated in the e-shop.
3.2. The buyer has the right to withdraw from the purchase/sale contract by sending a written notice (email including the order reference number) to the seller or by returning part of the goods purchased under the contract within the time limit stated in these terms and regulations.
3.3. The buyer can only exercise their right to return the goods, if the goods and their original packaging are not damaged and the appearance of the goods has not been changed, also, if the goods have not been used.
4. Buyer’s Obligations
4.1. The buyer shall accept the goods according to these terms and conditions and pay an agreed price for the goods.
4.2. Subject to any changes to the information provided by the buyer on the registration form, the buyer has the obligation to promptly update the information.
4.3. The buyer is responsible for keeping their e-shop password confidential. In case of a loss of a password, the buyer shall immediately notify the seller about it via email address firstname.lastname@example.org.
4.4. While using the services of the e-shop modelsshop.eu, the buyer must follow these terms and conditions and act in accordance with the laws of the Republic of Estonia.
4.5. If on the delivery of goods, the buyer refuses to accept the goods without a material reason, the buyer shall pay for the delivery of goods.
5. Seller’s Rights
5.1. If the buyer attempts to damage the stability and security of the functioning of the e-shop or if the buyer is defaulting, the seller has the right to, instantly and without any notice, limit the buyer’s access to the services of the e-shop or to suspend the buyer’s account, in exceptional cases, to cancel buyer’s registration.
5.2. Under significant circumstances, the seller has the right to terminate the functioning of the e-shop temporarily or permanently without giving any notice to the buyer.
5.3. The seller has the right to cancel any orders if they do not receive a payment for the goods from the buyer within 5 (five) business days.
5.4. Modelsshop.eu has the right not to enter into a purchase/sale contract with a buyer who has placed an order, however, including but not limited to situations, where during the last 9 months, this buyer has withdrawn from a purchase/sale contract twice and returned the goods.
5.5. Modelsshop.eu has the right to withdraw from the purchase/sale contract if the goods specified in the contract are not available in stock or when the contract was signed by a person who did not have the right to sign it according to these terms and regulations.
6. Seller’s Obligations
6.1. The seller is under an obligation to enable the buyer to use the services of the e-shop modelsshop.eu subject to these terms and conditions and terms set out in the e-shop.
6.2. The seller shall deliver the purchased goods to buyer’s nominated delivery address under the terms and conditions set forth in this document.
6.3. If under significant circumstances, the seller is not able to deliver the purchased goods to the buyer, the seller has to offer analogues or similar goods to the buyer. If the buyer refuses to accept analogues or similar goods and the deposit was paid, the seller must refund the deposit to the buyer within 7 (seven) business days.
6.4. The seller shall honour the buyer’s right to privacy in regard to the personal information provided by the buyer on the registration form, except for in the cases provided by the laws of the Republic of Estonia.
7. Prices, Method and Terms of the Payment
7.1. In the e-shop and on the final order, all prices are in Euros and inclusive of VAT. Modelsshop.eu has the right to change prices if there are changes to tax regulations or when manufacturer changes the prices.
7.2. The buyer shall use one of the following payment methods.
7.2.1. Bank transfer – a deposit will be made, in this case the buyer will print out the order and go to the nearest bank to make an over the counter payment or will use online banking to transfer funds to the bank account of modelsshop.eu.
7.2.2. Credit card payment – a deposit will be made by using the credit card payment link on the website of modelsshop.eu.
7.3. In order to use the method stated in article 7.2.2, the buyer must make the payment immediately. In such case the goods will be prepared for delivery and the delivery time will start running from the moment the seller has received the payment to their bank account.
8. Delivery of Goods
8.1. The goods are delivered by the seller or by their authorised representative.
8.2. The seller will deliver the goods in accordance with the terms provided in the description of the goods. These terms will not be applicable if the seller does not have these goods available in their stock and the buyer has been notified about the lack of goods. In case of Force Majeure, the buyer must accept the late delivery.
8.3. When placing an order, the buyer shall provide an accurate delivery address.
8.4.The buyer shall accept the goods in person. If the buyer is not able to accept the goods in person and the goods are delivered to a nominated delivery address provided by the buyer and taking into account other information provided by the buyer, the buyer does not have the right to make a complaint in relation to a delivery to the wrong address.
8.5. Upon delivery, the buyer will examine the goods with the seller or an authorised representative of the seller. When the buyer signs the invoice (bill of lading) or any other document confirming the delivery of the goods, the goods shall be considered properly delivered.
8.6. Information about the delivery time and costs is provided on e-shop under the “Terms of the Delivery” tab.
8.7. If the buyer decides to cancel the purchase/sale contract in accordance with these terms and conditions, the buyer shall return the products to the seller at their own cost. The cost of the return shipment shall be deducted from the amount refunded.
8.8. If modelsshop.eu is not able to deliver the goods in one shipment, they have the right to deliver the goods in several shipments.
8.9. If the goods are not delivered to the buyer or are delivered with a delay caused by a fault of the buyer or due to the circumstances that are under the control of the buyer, the seller shall not be liable in any way for the breach of the terms of the delivery.
9. Warranty and Expiry of the Goods
9.1. The warranty terms provided by the manufacturer apply to all the goods. Goods damaged during the warranty period because of the fault of the manufacturer will be repaired without charge. The seller does not provide any warranty services, but directs the buyer to the warranty service centre.
9.2. All the features of the goods sold on modelsshop.eu are stated on the descriptions which are supplied with the goods.
9.3. The seller is not liable for any variations in colour, shape or other characteristics of the goods shown on the e-shop and the real colour, shape and size of the goods, which are caused by the quality of the buyer’s display.
9.4. If the seller does not offer a warranty to specific goods, the relevant laws of the Republic of Estonian shall apply.
9.5. Provided by the law, the client has the right to make a complaint within two years from the purchase of the goods. During the first 6 months, the seller will cover all the expenses in relation to finding out the problem and repairing the goods in warranty process. After the 6 month period, all these costs shall be covered by the client.
10. Returning and Replacing the Goods
10.1. Returning and replacing goods takes place pursuant to the Consumer Protection Act.
10.2. The buyer can exercise their right to return and replace goods within 14 (fourteen) calendar days from the day of the delivery by notifying the seller about it in accordance with the procedures stated in section 3.2 of these terms and conditions.
10.3. The item must be returned in a clean original packaging. The packaging and the item shall not be damaged by the buyer. Furthermore, the item must have the initial commercial appearance (labels and protection film not damaged, etc.), be in a full set as received from the seller, and include the documents proving the sale of goods and a warranty letter (if applicable).
10.4. The buyer may return the goods to Hobby Models OÜ to the address Laki 16, Tallinn, 10621, Estonia. If the goods are returned subject to the section 3.2., the buyer shall return the goods at their own cost. If the buyer is returning wrong and/or defective goods, the seller will accept the goods and replace them with proper analogues goods. If the seller does not have a similar substitute to offer, the seller must refund to the buyer the price paid for the goods.
10.5. If the buyer does not comply with the terms concerning the return of the goods set out in this document, the seller has the right to not to accept the returned goods.
10.6. For the goods not available in stock, clients will be offered an opportunity to change goods or to get their money back within 7 days.
11.1. The buyer will be fully liable for the information provided on the registration form. If the buyer provides false or inaccurate data on the registration form, the seller shall not be liable for any consequences.
11.2. The buyer shall be liable for their actions while using the e-shop.
11.3. The buyer is responsible for keeping their e-shop password confidential and not to disclosing it to third parties. If third parties use modelsshop.eu services using the buyer’s e-shop passwords, the seller considers these third parties to be a buyer.
11.4. The seller shall not be liable for any damages caused because the buyer has not read these terms and conditions despite the recommendations of the seller and the obligations of the buyer, and although they have had the possibility to do so.
11.5. If the e-shop has any links to websites of other businesses, organisations or persons, the seller shall not be liable for the information provided by them and their activities. The seller does not have any control over such websites and is not a representative of these businesses and persons.
11.6. In case of a damage, the party liable for the damage must compensate all the direct damages to the other party.
12. Exchange of Information
12.1. The seller shall send all the notifications to the buyer’s email address which is provided on the registration form.
12.2. The buyer shall send all the notifications and enquiries to the e-shop by using the channels for communication provided under the “Contacts” tab.
13. Final Provisions
13.1. All the relationships arising from these terms and conditions are governed by the laws of the Republic of Estonia.
13.2. All disputes arising from these terms and conditions will be solved in negotiations. In case of unsuccessful negotiations, the dispute will be solved in accordance with the laws of the Republic of Estonia.