of Delivery to Customer.
these Terms of Delivery the following terminology is used, unless
: the user of these Terms of Delivery;
the counterparty: has to be a person, not a company, trader or a
the agreement between Miniatuurwereld.com and the Customer;
the agreement to buy and sell a certain product, made between a
seller, being a company or a business, and an customer, being a
person, not a company or a business etc.
On all offers, orders and agreements, made through the online shop
of Miniatuurwereld.com, and in which Miniatuurwereld.com is a party,
these Terms of Delivery are applicable, and all other terms are
excluded.By excepting an agreement between Customer and Miniatuurwereld.com
the Customer accepts these Terms of Delivery.
Specific deviation from these Terms of Delivery is only possible
by a written approval from Miniatuurwereld.com. Other terms will
stay in tact.
All rights or claims, as obtained out of these Terms of Delivery
or other agreements with Miniatuurwereld.com, shall also be obtained
with third parties engaged by Miniatuurwereld.com.
Miniatuurwereld.com has the right to change these Terms of Delivery
without notifying Customer.
3. Offers and agreements:
All offers done by Miniatuurwereld.com are written offers without
engagement, unless Miniatuurwereld.com has to cancel these written
offer due to practical, urgent or other reasons. An offer has a
clear date and a clear expiry date.
The agreement between Miniatuurwereld.com and Customer passes at
the moment Customer places an order in the online-shop of Miniatuurwereld.com
by sending a e-mail mentioning the products wanted with name, adress,
city, country etc.
After Miniatuurwereld.com received the order from Customer, Miniatuurwereld.com
will send a.s.a.p. a confirmation mail to Customer. After that Customer
recieves an e-mail with all the costs of the ordered product(s),
shippingcosts, insurance etc.and a date when the products will be
brought at TPG post by Miniatuurwereld.com.
All statements of numbers, specifications, or other descriptions
of product by Miniatuurwereld.com are handled with care. Miniatuurwereld.com
cannot guarantee that there will be no deviations.
A (price) offer does not commit Miniatuurwereld.com and can just
be seen as an invitation of placing an order.
4. Privacy statement:
Miniatuurwereld.com will use the personal information of Customer
only in one or more files, and will add a customernumber to it.These
files will only be used by Miniatuurwereld.com. The only purpose
of use of this personal information by Miniatuurwereld.com is to
fulfill the agreement made with Customer, and to make special personal
offers in the future or to provide news. Information of Customer
will not be given or sold to other parties.
The personal information used by us, is the information the Customer
passes on with the order (Name, Adress, etc.) in the on-line shop
Only when Customer does not want any personal offers or news, from
Miniatuurwereld.com, Customer can make a written apply ( fax, letter
or e-mail) to Miniatuurwereld.com for stopping this.
Unless otherwise stated all prices used by Miniatuurwereld.com shop
are in Euro's (EUR/ € ), Dutch VAT is included for customers
Non-EU Customers can buy without 19% VAT, only when the goods are
directly shipped to a country outside the EU.
6. Reservation of property:
Miniatuurwereld.com stays owner of the shipped products untill the
complete price has been payed.
Payments can be done to transfer the amount to the accountnumber
of Miniatuurwereld.com, The Neherlands, (specifications given to
Customer in confirmation mail) within 8 days after the invoicedate.
Unless otherwise stated all orders have to be payed in advance.
To buy on credit is not possible.
Payments with creditcard or Pay-pal are not possible yet.
When a pre-payment has not been recieved 30 days after invoicedate,
Miniatuurwereld.com considers the agreement to be cancelled.
Customer is held to check the goods delivered at the moment of delivery,
or, when not possible, at the shortest moment after the delivery
moment. Customer has to check quality and quatity of the product
Any visible shortcomings have to be reported by e-mail within several
days to Miniatuurwereld.com.
Miniatuurwereld.com guarantees that all products delivered comply
with the normal demands stated to these products.
Miniatuurwereld.com cannot be held responsable to any damages to
the products other than stated in article 8.
Miniatuurwereld.com cannot be held responsable , not by law, not
by agreement, for damages suffered by Customent or a third party
in case of use (or mis-use) of the products. Also loss of profit,
loss of information, physical or mental damage or any kind of other
damage are included here.
When the manufacturer of a defective product can be held responsable
for the damage, the responsability of Miniatuurwereld.com is limited
to repair or replacement of the product or by re-payment of the
price of the product. The additional costs for re-payment will be
Miniatuurwereld.com cannot be held responsable for damage , when
this is caused on purpose / or due to own dept / or due to reproachable
acting, or injudicious use by Customer.
The information, prices, products, pictures and services shown the
on-line shop could contain shortcomings. Changes and additions are
made frequently in the on-line shop. Miniatuurwereld.com and her
manufactureres can not guarantee full liability for the information
products, pictures and services shown. The information, products,
pictures and services will be made under reservation.
All rights not mentioned in these Terms of Delivery are being reserved.
Customer has the right to return product(s) only within the terms
set by Miniatuurwereld.com.
Not a single change may have taken place on or at the delivered
product, so the product must be in a undamaged -new- state. All
delivered documentation and packingmaterials must be added to the
All the costs for sending the return-shipment are on the account
of Customer, unless otherwise agreed (in writting).
Unless otherwise written agreed Miniatuurwereld.com decides the
way of shipping. The moment of shipping is when products leave the
online shop/storage of Miniatuurwereld.com.
Custoumer is obliged to accept the ordered products, on the moment
when the products are handed over or when the products are at the
disposal of Customer.
When Customer refuses to cooperate with the delivery or is neglectable
in providing information or instructions necessary for delivery,
products will be stored on account and for risk of Customer, after
being notyfied by Miniatuurwereld.com. Customer has to pay all extra
When Miniatuurwereld.com and Customer agree on deliverance, all
these costs are on the account of Customer. The shippingcosts are
calculated on the present-day tariffs used by the Dutch TPG Post
or any other transporter agreed. No deliverance to countries of
great danger or in War-zones.
When agreed that delivery will take in parts, Miniatuurwereld.com
can hold up the execution of the next part
till Customer gives his approval to reports of the previous parts.
When Miniatuurwereld.com need extra information from Customer for
executing the agreement, the term of delivery starts after Customer
has handed over this information to Miniatuurwereld.com.
When Miniatuurwereld.com has given a term of delivery, this is always
an indacation. a given term is never a "fatale term".
The ultimate term will never exceed the given term more than one
week, unless there is a case of Force Majeure. When this term is
nevertheless exceeded, Customer needs to hold Miniatuurwereld.com
liable for this in writing (fax, letter or e-mail).
12. Force Majeure:
When Miniatuurwereld.com cannot fulfill her obligations to Customer
due to Force Majeure, execution of these obligations will be postponed
for as long the state of Force Majeure lasts.
When the state of Force Majeure lasts longer tha 1 month, both parties
have the right to cancel the agreement totally or partially, for
as long as the Force Majeure justifies this.
In case of Force Majeure Customer has no right to any compensation,
and neither when Miniatuurwereld.com should get advantages as a
result of the state of Force Majeure.
Miniatuurwereld.com will notify Customer a.s.a.p. when an (imminent)
Force Majeure is about to happen or happens.
The court of judgement in the place of settlement of Miniatuurwereld.com
is, by excluding all others, competent to take knowledge of disputes,
unless a district-judge is competent. Nevertheless Miniatuurwereld.com
has the right to put disputes before a competent court of judgement.
14. Applicable laws/ Competent Judge:
On all this condition and the agreement Dutch law is applicable.
The application of the "Weens Koopverdrag 1980 (CISG)"
All disputes which may arise due to these terms of delivery or the
agreement, will be brought to judgement for a competent judge in
the district of Miniatuurwereld.com, unless the Dutch laws dicate