1.1 These General Terms and Conditions are valid for all business relations between Elcon Models and its customers in its current version upon commission of contract.
1.2 Our General Terms and Conditions are exclusively valid. Any of the customer's deviant or contrary conditions unacknowledged unless explicitly recognised by Elcon Models in written form.
2. Contract Settlement
2.1 Orders may be placed via the web shop or e-mail.
2.2 By placing an order with Elcon Models, the customer accepts the terms & conditions as stated. The customer receives a confirmation of receipt of order via email.
2.3 The order is accepted under reserve in terms of the availability of ordered goods and services. If Elcon Models is unable to accept the customer's offer, it will inform the customer in electronic form.
2.4 All orders must be payed in advance by a bank deposit or through PayPal.
2.5 Upon declaration of new prices, all other (previous) prices that apply to the respective items are null and void. The stated prices include the legal VAT according the Dutch law. The prices apply exclusively to the product described, and not to any contents, accessories, or decoration.
2.6 There is no minimum order amount for delivery.
3.1 Elcon Models will promptly deliver the ordered goods to the address given by the customer.
3.2 Delivery is made based on the stated shipment costs in each individual case according to our table of shipping costs. All risks and dangers of shipment are passed to the customer as soon as the goods are transferred from Elcon Models to the contracted logistic partner. All deliveries are insured by default. The import duties have to be payed by the customer.
3.3 Elcon Models reserves the right to make any technical modifications in terms of technical improvement, as well as changes to form and colour. Any colour deviation between the photographed product representation on internet or in any catalogue and the stated colour in real life is due to technical or print conditions. Parts may vary in form and/or colour from the product shown in pictures.
3.4 Information on the estimated date of delivery is non-obligatory if Elcon Models has not confirmed an obligatory date to the customer in written form in individual cases.
3.5 Elcon Models does not run a backorder system. The webshop is kept up to date to our best knowledge. In case a product is not in stock Elcon Models reserves the right to change your order accordingly. The part might be deleted from your order or an alternative part might be offered. Elcon Models will notify the customer of the change made in the order electronicly.
3.6 For each delivery and/or order shipping costs will be charged, unless agreed differently.
3.7 Shipping costs are automatically generated by the web shop. The shopping cost vary per country. For detailed info Click Here
3.8 Elcon Models reserves the right to change shipping costs. In case shipping costs have to be changed due to volume, weight or any other cause. The customer will be informed electronicly.
3.9 Delivery time may be different from the given estimated delivery times at check out. The given estimated delivery time is the delivery time from the day the package is shipped.
4. Conditional Sale
All delivered goods remain property of Elcon Models until the customer settles all outstanding invoices.
5. Payment Conditions
5.1 Elcon Models only accepts the payment methods stated when ordering.
5.2 If the customer lags in payment, Elcon Models reserves the right to charge a default interest of 10% more than the respective base rate. Elcon Models its right to assert a claim due to higher damages remains hereby unaffected, as does the customer's right to assert lesser claims.
6.1 The customer reserves the right to withdraw his/her conclusion of contract within 14 days of receipt by returning the goods to Elcon Models. A punctual return of the goods is sufficient for ensuring the time period. The customer is liable for proof of the return shipment and delivery of the returned goods. The returned goods must be new, undammaged, not used and be packed in their original packing.
6.2 The customer covers the costs for a return shipment of goods up to a value of EUR 250.00 unless the delivered goods or services were not ordered. Elcon Models covers the costs of return shipments for orders over EUR 250.00. However, we ask that customers prepay postage fees for the shipment to avoid disproportional high fees. Customers will be refunded the prepaid postage upon sending us their bank account number.
6.3 In the case of withdrawal Elcon Models will refund the respective invoiced sum. Any fees paid by Elcon Models for returned shipments will be deducted from the refund sum. Bank transaction fees or any other fees that may have applied to the delivery or payment will also be deducted from the refund sum.
6.4 In the case of considerable degradation or loss of goods, the customer is obligated to compensate Elcon Models for the respective decline in value in the case of withdrawal. If the customer has already paid the invoice, Elcon Models is entitled to deduct the decline in value from the refund sum. In certain cases, the decline in value can be equivalent to the sales price paid by the customer.
6.5 The right to withdrawal does not apply to contracts
a) for the delivery of goods that are custom-manufactured or personalised for customers (e.g. special customer wishes that were regarded during manufacture/assembly of the products)
b) for the delivery of special sizes and custom-made products
7.1 Elcon Models is responsible for defects that exist at the time of shipment of goods for the duration of the legal warranty term according to the following stipulations:
7.2 The customer is obliged to promptly inform Elcon Models in written form of any defects that occur. If defects exist that Elcon Models is accountable for, Elcon Models will eliminate such defects or offer a replacement.
7.3 Should the elimination of defects or the replacement delivery fail, or if Elcon Models is unwilling or unable to eliminate defects or replace products within an appropriate time frame due to reasons Elcon Models is responsible for, the customer is entitled to retrogressively withdraw from her contract or demand a reduction in the sales price of the respective product.
8. Data Protection
8.1 Storage and processing of personal data
Elcon Models is committed to protecting the privacy of all customers who make purchases in its shop, and treats customers' personal data confidentially.
8.2 Use of personal data
Elcon Models uses customers' personal data exclusively for the fullfilment of orders placed by customers.
8.3 Transfer of information
Elcon Models does not circulate or transfer personal data to any third parties. Elcon Models customers receive emails from Elcon Models for the sole purpose of informing of significant modifications in business or newsletters. The customer can, however, object to this at any time, even when placing an order.
8.4 Security measures for the prevention of loss and misuse of personal data
When transferring personal data or information Elcon Models utilises encrypted technology for highest confidentiality. Our servers implement various security measures and authenticationprocesses to hamper unauthorised access.
9.1 Elcon Models is liable without limitation for claims of non-existing characteristics it has warranted, as well as damage claims caused either intentionally or through culpable negligence by its legal agents and/or executive employees.
9.2 Other damage claims that arise from a delay by Elcon Models, an impossibility for which Elcon Models is responsible, or breach of duty which is of significant importance for the attainment of the contractual purpose (cardinal obligation), are limited to such damages that, due to the contractual use of the goods, are typical and predicable. In such a case, liability is limited to the amount of two times the paid sales price at the time of order.
9.3 Further reaching liability is debarred, especially for claims that have not evolved from the goods themselves, claims of loss of profit, or financial loss claims of the customer.