Terms of service

Article 1 - Definitions

For the purposes of these terms and conditions:

Supplementary contract: a contract whereby the consumer purchases products, digital content and/or services under a distance contract and these goods, digital content and/or services are supplied by FM Minicars or by a third party on the basis of an agreement between that third party and FM Minicars.

Withdrawal period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;

Day: calendar day;

Digital content: data produced and delivered in digital form;
Contract for an indefinite period: a contract for the regular supply of goods, services and/or digital content during a specified period of time;

Durable medium: any means, including e-mail, which enables the consumer or trader to store information addressed to him personally in such a way as to allow future consultation or use for a period tailored to the purpose of the information and to allow the stored information to be reproduced unchanged;

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;

Distance contract: a contract concluded between FM Minicars and the Consumer within the framework of an organised system for the distance sale of products, digital content and/or services, using exclusively or partly one or more distance communication techniques until the contract is concluded;

Sample Withdrawal Form: The sample withdrawal form or any other clearly worded statement can be completed and sent electronically through our website www.mopedautoteile.eu. If you make use of this option, we will immediately send you an acknowledgement of receipt of your revocation on a durable data carrier (e.g. by e-mail). The model form does not have to be provided if the consumer does not have a right of withdrawal in relation to his order;

Distance communication technology: means that can be used to conclude a contract without the consumer and the trader having to be in the same room at the same time.

Article 2 - Identity of FM Minicars

Entrepreneur Name: FM Minicars
Trading under the name: FM Minicars, Moped Car Parts

Address:
Passage 6b
9101 RE Dokkum
The Netherlands

Business and visiting address:
Passage 6b
9101 RE Dokkum
The Netherlands

Availability: Monday to Friday 10.00 a.m. to 5.00 p.m.
E-mail: erzatsteile-lkfz@hotmail.com

Chamber of Commerce Number: 57161801
VAT identification number: NL001427642B12

Article 3 - Applicability

These General Terms and Conditions apply to every offer of FM Minicars and to every distance contract concluded between the entrepreneur and the consumer.

Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, FM Minicars specifies, before concluding the distance contract, how the general terms and conditions of sale can be consulted at FM Minicars and that they will be sent free of charge as soon as possible at the request of the consumer.

If, contrary to the preceding paragraph and before the conclusion of the distance contract, the distance contract is concluded by electronic means, the text of these General Terms and Conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make an appropriate assessment of the offer. When FM Minicars uses images, they must be a faithful representation of the products, services and/or digital content offered. Obvious errors or obvious errors in the offer are not binding for FM Minicars.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance of the offer by the consumer and the fulfilment of the stipulated conditions.

If the consumer has accepted the offer by electronic means, FM Minicars will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by FM Minicars, the consumer can dissolve the contract.

If the contract is concluded by electronic means, FM Minicars will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer is able to pay electronically, FM Minicars will observe appropriate security measures.

FM Minicars can investigate, within the framework of the legal provisions, whether the consumer can meet his payment obligations, as well as all the facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this investigation, FM Minicars has good reasons not to conclude the contract, it is entitled to refuse an order or application or to attach special conditions to the service.

At the latest upon delivery of the product, service or digital content to the consumer, FM Minicars shall send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

the visiting address of the FM Minicars branch to which the consumer can turn with complaints
the conditions under which and how the consumer can exercise his right of withdrawal, or a clear indication of the exclusion of the right of withdrawal
Information about warranties and existing after-sales service

The price, including any taxes, for the product, service, or digital content. Where applicable:

the cost of delivery and the method of payment, delivery or performance of the distance contract
the conditions for terminating the contract if the contract has a term of more than one year or is of indefinite duration

In the case of a permanent transaction, the provision of the preceding paragraph shall apply only to the first delivery.

Article 6 - Right of withdrawal

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us (FM Minicars, Doorvaart 6b, 9101 RE, Dokkum, The Netherlands, fmminicars@hotmail.com, of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an e-mail). You can fill out the sample withdrawal form or other clear statement and send it to us by email. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such a revocation.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen day period. You will bear the direct costs of returning the goods. They only have to pay for any loss in value of the goods if this loss of value is due to handling of them that is not necessary to check the nature, characteristics and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

contracts for the supply of goods, if they have been inseparably mixed with other goods after delivery due to their nature,
Contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Special notes
If you finance this contract with a loan and later revoke it, you are also no longer bound by the loan agreement, provided that both contracts form an economic unit. This is to be assumed in particular if we are also your lender or if your lender makes use of our cooperation with regard to financing. If the loan has already accrued to us when the revocation takes effect, your lender will assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter does not apply if the object of this contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).

If you want to avoid a contractual commitment as much as possible, make use of your right of revocation and also revoke the loan agreement if you are also entitled to a right of revocation for this.

Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point is that the consumer may only handle and test the product in the same way as he is allowed to do in a shop.
The consumer shall only be liable for any reduction in the value of the product resulting from treatment of the product in excess of what is permitted under paragraph 1.
The consumer will not be liable for any reduction in the value of the product if FM Minicars has not provided him with all the information required by law on the right of withdrawal before or at the time of concluding the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs of withdrawal

If the consumer makes use of his right of withdrawal, he must inform FM Minicars within the withdrawal period by means of the return form for withdrawal or in another unambiguous way.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Consumer shall return the Product or hand it over (to an authorised representative of) FM Minicars. This is not necessary if FM Minicars has offered to pick up the product itself. In any case, the consumer must have complied with the return deadline if they return the product before the expiry of the withdrawal period.
The consumer is obliged to return the product with all accessories supplied, if reasonably practicable, in its original condition and packaging and in accordance with the reasonable and clear instructions given by FM Minicars.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If FM Minicars has not indicated that the consumer will have to bear these costs, or if FM Minicars states that it will bear the costs itself, the consumer will not have to bear the costs of the return.
The consumer shall not bear the costs of supplying, in whole or in part, digital content that is not delivered on a tangible medium if:

he has not expressly agreed to the commencement of the performance of the contract before the expiry of the period of reflection before delivery,
he did not acknowledge the loss of his right of revocation when giving his consent,
FM Minicars has failed to confirm this statement by the consumer

If the consumer exercises his right of withdrawal, all ancillary contracts will be terminated by operation of law.

Article 9 - Obligations of FM Minicars in the event of withdrawal

If FM Minicars allows the consumer to withdraw by electronic means, he must send an acknowledgement of receipt immediately upon receipt of this notification.
FM Minicars will refund all payments made by the consumer, including the delivery costs for the returned goods invoiced by FM Minicars, without undue delay, but within 14 days of the day on which the consumer informed him of the withdrawal. For this purpose, the complete order must be returned. Unless FM Minicars offers to collect the product itself, it may wait until it has received the product or until the consumer can prove that it has returned the product, whichever is earlier.
FM Minicars. uses the same means of payment that the consumer uses for repayment, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a more expensive shipping method than the cheapest standard shipping method, FM Minicars will not be required to refund the additional cost of the more expensive shipping method.

Article 10 - Exclusion of the right of withdrawal

FM Minicars may exclude the following products and services from the right of withdrawal, but only if FM Minicars has made this clear when submitting the offer or at least in good time before the conclusion of the contract:

Products or services whose price is dependent on fluctuations in the financial market, over which FM Minicars has no influence and which may occur within the withdrawal period.
Contracts concluded during a public auction. A public auction is understood to be a method of sale in which products, digital content and/or services are offered by FM Minicars to the consumer, who participates in the auction in person under the supervision of an auctioneer or is given the opportunity to participate in the auction in person, and in which the successful bidder is obliged to purchase the products, digital content and/or services.
Service contracts, after the service has been fully performed, but only if:

the execution has begun with the express prior consent of the consumer; and
the consumer has declared that he will lose his right of withdrawal as soon as FM Minicars has fully fulfilled the contract;

service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and does not apply to residential purposes, carriage of goods, car rental and catering;
Agreements on leisure activities, if the agreement provides for a specific date or period for their implementation
Products to consumer specifications that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer or that are clearly intended for a specific person;
products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for health or hygiene reasons and whose seal has been broken after delivery;
Products which, due to their nature, have been irrevocably mixed with other products after delivery;
Paint-sprayed products will not be returned by FM Minicars, unless otherwise agreed with FM Minicars.
Products ordered specifically for consumers will not be returned by FM Minicars. Unless otherwise agreed with FM Minicars or the consumer has not been informed that the product is a specially ordered product.

Please note the following when accepting the windows:

Check the window for damage before accepting. Otherwise, there is no entitlement to compensation.

Sollte ein Produkt beschädigt ankommen, senden Sie uns bitte Fotos des Schadens. 
Wir werden den Schaden dann beim Transportunternehmen geltend machen. 
Ohne Ihre volle Mitwirkung können wir Ihnen keine Ersatzteile zusenden.

Article 11 - The price

During the period of validity specified in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
By way of derogation from the preceding paragraph, FM Minicars may offer products or services at variable prices, the prices of which are subject to fluctuations on the financial market and over which FM Minicars has no influence. This fluctuation obligation and the fact that the prices quoted are target prices must be stated in the tender.
Price increases within 3 months of the conclusion of the contract are only permissible if they result from legal rules or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if FM Minicars has determined this and:

they result from legal provisions or regulations; or
The consumer has the right to terminate the contract on the day on which the price increase takes effect.

The prices mentioned in the offer of products or services are both exclusive and inclusive of VAT.

Article 12 - Performance of the Agreement and Additional Guarantee

FM Minicars guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements for solidity and/or usability and the legal and/or official regulations in force at the time of the conclusion of the contract. If agreed, FM Minicars also guarantees that the product is suitable for use other than normal use.
An additional warranty provided by FM Minicars, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against FM Minicars under the contract if FM Minicars has not fulfilled its part of the contract.
An additional warranty is any obligation on the part of FM Minicars, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do if he has not fulfilled his part of the contract.

Article 13 - Delivery and execution

FM Minicars takes the utmost care when receiving and fulfilling orders for products and when assessing requests for the provision of services. The place of delivery is the address provided by the consumer to FM Minicars.
In compliance with the provisions of Article 4 of these General Terms and Conditions, FM Minicars will send accepted orders on working days by 4.30 p.m. on the following Monday or Thursday, unless a different delivery period has been agreed. If the delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed as soon as possible after the order has been placed. In this case, the consumer has the right to terminate the contract free of charge.
Following the termination in accordance with the preceding paragraph, FM Minicars will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products lies with FM Minicars until the time of delivery to the consumer or to a pre-appointed representative notified by FM Minicars, unless expressly agreed otherwise.

Article 14 - Payment

In the case of delivery against prepayment, FM Minicars will process the order on the day on which FM Minicars has received the order amount in full.
the consumer is obliged to inform FM Minicars immediately of any