General conditions
Terms and Conditions CNH TOYS AND MORE.
These general conditions apply to all transactions of CNH TOYS AND MORE, hereinafter referred to as CNH TOYS. In case of contradiction with terms and conditions of the buyer, the provisions of CNH TOYS shall prevail, unless CNH TOYS has acknowledged in writing the terms and conditions of the buyer, expressly denying in addition the applicability of its own terms and conditions. By entering into an agreement with CNH TOYS, the buyer acknowledges being familiar with and agreeing to these terms and conditions.
Article 1: Offers and Confirmation
1. All offers and price lists are entirely without obligation unless expressly indicated otherwise.
2. An agreement with CNH TOYS is only established after written confirmation ( in the form of E-mail or handwritten confirmation ) from CNH TOYS.
3. In the absence of a verbal and/or written confirmation on the part of the buyer, the agreement nevertheless comes into effect after a lapse of 14 days.
4. If the correctness of a written confirmation is not denied within eight working days, the parties are bound by it.
Article 2: Prices
If between the dates of the offer and the purchase, even if the seller has made a binding offer, a price increase of the goods offered and sold should occur due to an increase in production costs, import and export duties, taxes, foreign currency exchange rates, transportation costs and the like, then the seller is authorized to pass these on. Unless explicitly stated otherwise, all prices include V.A.T.
Article 3: Delivery time and delivery
1. The delivery time is approximated by the seller as accurately as possible, but can only be considered as a target date/period.
2. If the seller is prevented by force majeure from delivering in the normal way, he will be entitled to extend the delivery time by the duration of the force majeure, or to cancel the order, insofar as it has not yet been executed, without the seller being liable for damages.
3. The buyer shall not be entitled to any compensation in the event that the estimated delivery time is exceeded. Exceeding the delivery time is not a reason for canceling and/or refusing receipt and payment of the ordered goods.
3a Goods ordered that are not available from the manufacturer will remain on backorder and will be delivered as soon as they are resupplied by the supplier( no refunds will be given for items on backorder)
4. The goods to be delivered are at the expense and risk of the buyer.
5. Shipping costs are the prevailing rates of the Dutch delivery service for domestic and foreign countries, including a possible small fee for packaging, which cannot be returned.
6. Returns will not be accepted without prior consultation and can only be returned postage paid.
Returns should be sent to:
CNH TOYS AND MORE
Leliestraat 14
6666 BL
Heteren
7:If an order is placed, the buyer will receive a confirmation by return and the sale is concluded.
8:Orders routed (by agreement) will be reimbursed in the form of a voucher, we do not give money back.
9: Prices of items on the website are maintained as carefully as possible,
we reserve the right to void a purchase if an item has been disproportionately increased in price and it is therefore no longer available at the price on the website.
the buyer will be notified by return and the amount paid will be transferred back to the buyer’s account as soon as possible, if the buyer does not wish to pay the price difference.
Also, shipping costs will be deducted from the credit.
Article 4: Retention of title and security
Ownership of the goods delivered by the seller remains with the seller until the buyer has fulfilled all his obligations arising from previous or subsequent agreements of any kind concluded with the seller
Article 5: Payments
Unless otherwise agreed, payments must be made after the order is placed earlier the package will not be shipped. The amount should be transferred to bank account number NL88RABO0371082544 in the name of CNH TOYS AND MORE, Leliestraat 14, 6666 BL, Heteren. For special orders, a small deposit (25%) must be paid in advance of the agreed price.
Article 5a: Cancellations.
No money will be refunded for cancelled orders, the customer will receive a discount voucher of the amount paid.
Article 6: Exchanges
Exchanging goods is only possible after consultation with the seller and must take place within 14 days after delivery. Exchanges of special orders are not possible. The unused products should be returned in their original packaging, with shipping costs to be borne by the buyer.
Article 7: Applicable / Disputes
1. All agreements are governed by Dutch law.
2. Any disputes between buyers and sellers will be tried by the competent court of the place of establishment of the seller.
3. However, buyers have the right, within one month after the seller has invoked this clause, to choose a judge competent according to the law.
Article 8: Extrajudicial Collection Costs
If we have to incur collection agency or judicial costs due to the buyer’s failure to fulfill the contract, all costs resulting from this shall be borne by the buyer.
Article 9: Other provisions
In case individual provisions contained in these terms and conditions should lose their effect in whole or in part, this shall not affect the validity of the remaining provisions of these terms and conditions. In all matters not provided for by these terms of delivery, the management of CNH TOYS always decides.
Article 10: Shipments
All goods are shipped by PostNL.
All orders must be paid in advance and will be shipped as soon as payment is received in our bank account.
CNH TOYS takes no responsibility for lost packages. Packages are shipped with track&trace. You will be notified of this when the package is shipped.
Article 11: Packaging
All our packages are packed with care so as not to incur damage, if a delivery is not received in good condition one should take and show photos of it and send it to CNH TOYS. The package must be returned in its original packaging after consultation with CNH TOYS.
Once the return is received it will be checked and if defective a new item will be sent, the postage costs are initially for the buyer, if it appears that the delivered item is indeed broken the postage will be refunded.
Article 12: Pictures and texts depicted on the website may differ from the delivered materials.
Article 13: Errors on the website are avoided as much as possible, but if there is an error on the website, the seller is not obliged to comply with the erroneous text.