Terms of service

Article 1 - Definitions

For the purposes of these terms and conditions:

Additional contract: a contract in which the consumer acquires products, digital content and/or services within the framework of a distance contract and these goods, digital content and/or services are delivered by FM Minicars or by a third party based on an agreement between this third party and FM Minicars.

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

Consumer: the natural person who is not acting 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 delivery of goods, services and/or digital content during a certain period;

Durable medium: any means - including e-mail - that enables the consumer or entrepreneur to store information addressed personally to him in such a way that future consultation or use during a period tailored to the purpose of the information is possible and that an unchanged reproduction of the stored information is possible;

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

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

Distance contract: a contract concluded between FM Minicars and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby one or more techniques of distance communication are used exclusively or partially up to the conclusion of the contract;

Model withdrawal form: The model withdrawal form or any other clear statement can be completed and sent electronically via our website www.mopedautoteile.eu. If you make use of this possibility, we will immediately send you an acknowledgment of receipt of your withdrawal on a durable medium (e.g. by e-mail). The model form does not have to be provided if the consumer has no right of withdrawal regarding his order;

Technique of distance communication: means that can be used to conclude a contract without the consumer and the entrepreneur being physically present in the same room at the same time.

Article 2 - Identity of FM Minicars

Name of the entrepreneur: FM Minicars
Trading under the name: FM Minicars, Mopedautoteile

Address:
Doorvaart 6b
9101 RE Dokkum
The Netherlands

Business and visiting address:
Doorvaart 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 consumer will be provided with the text of these general terms and conditions. If this is not reasonably possible, FM Minicars will indicate before the conclusion of the distance contract how the General Terms and Conditions can be inspected at FM Minicars and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically contrary to the preceding paragraph and before the conclusion of the distance contract, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be stated before the conclusion of the distance contract where the General Terms and Conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise 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 apply accordingly, and the consumer can always invoke the most favorable applicable provision 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 offered products, digital content and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If FM Minicars uses images, these must be a faithful representation of the offered products, services and/or digital content. Obvious errors or obvious mistakes in the offer are not binding on FM Minicars.

Each offer contains such information that it is clear to the consumer which rights and obligations are associated with the acceptance of 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 fulfillment of the specified conditions.

If the consumer has accepted the offer electronically, FM Minicars will immediately confirm receipt of the acceptance of the offer electronically. 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 electronically, FM Minicars takes appropriate technical and organizational measures to secure the electronic transmission of data and ensures a secure web environment. If the consumer is able to pay electronically, FM Minicars will observe appropriate security measures.

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

At the latest upon delivery of the product, service or digital content to the consumer, FM Minicars sends 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 branch of FM Minicars 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 statement of the exclusion of the right of withdrawal
information about guarantees and existing customer service

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

the costs 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 duration of more than one year or is indefinite

In the case of a permanent transaction, the provision of the preceding paragraph applies 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 any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

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 a clear statement (e.g. a letter sent by post or an e-mail). You can use the model withdrawal form or another clear statement and send it to us by e-mail. If you make use of this possibility, we will immediately send you a confirmation of receipt of such withdrawal (e.g. by e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without 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 reimbursement, we will use the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in no event will you be charged fees for this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return the goods without delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct cost of returning the goods. You only have to pay for any diminished value of the goods resulting from the handling other than what is necessary to establish 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 that are mixed inseparably 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 choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Special notes
If you finance this contract through a loan and later withdraw from it, you are also no longer bound by the loan agreement, provided that both contracts form an economic unit. This is particularly assumed if we are simultaneously your lender or if your lender uses our cooperation with regard to the financing. If the loan has already been received by us at the time the withdrawal becomes effective, your lender will step into our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the withdrawal or the return. The latter does not apply if this contract concerns the acquisition of financial instruments (e.g. securities, currencies or derivatives).

If you want to avoid a contractual obligation as much as possible, make use of your right of withdrawal and also withdraw from the loan agreement if you also have a right of withdrawal for this.

Article 7 - Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and 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 examine the product as he may do in a store.
The consumer is only liable for a reduction in the value of the product resulting from handling the product beyond what is permitted under paragraph 1.
The consumer is not liable for a reduction in the value of the product if FM Minicars has not provided him with all legally required information about 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 exercises his right of withdrawal, he must notify FM Minicars within the withdrawal period by means of the return form for withdrawal or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) FM Minicars. This is not necessary if FM Minicars has offered to collect the product itself. In any case, the consumer must have complied with the return period if he returns the product before the withdrawal period expires.
The consumer is obliged to return the product with all delivered accessories, if reasonably possible in the original condition and in the original 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 has to bear these costs, or if FM Minicars indicates that it will bear the costs itself, the consumer does not have to bear the costs of return.
The consumer does not bear any costs for the complete or partial delivery of digital content that is not supplied on a tangible medium if:

he has not expressly consented to the start of the contract performance before the end of the reflection period prior to delivery
he has not acknowledged the loss of his right of withdrawal when giving his consent
FM Minicars has failed to confirm this statement of the consumer

If the consumer exercises his right of withdrawal, all ancillary contracts are legally dissolved.

Article 9 - Obligations of FM Minicars in case of withdrawal

If FM Minicars enables the consumer to withdraw electronically, it must send an acknowledgment of receipt immediately after receiving this notification.
FM Minicars will reimburse all payments made by the consumer, including the delivery costs charged by FM Minicars for the returned goods, immediately, but within 14 days after the day on which the consumer informed it 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 has provided proof that he has returned the product, whichever is earlier.
FM Minicars uses the same means of payment that the consumer used for the repayment, unless the consumer agrees to another 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 does not have to reimburse the additional costs for 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 making the offer or at least in time before the conclusion of the contract:

Products or services whose price depends on fluctuations in the financial market that FM Minicars cannot influence and that may occur within the withdrawal period.
Contracts concluded during a public auction. A public auction is understood to be a sales method in which products, digital content and/or services are offered by FM Minicars to the consumer who personally participates in the auction under the supervision of an auctioneer or is given the opportunity to participate personally in the auction, and where the successful bidder is obliged to purchase the products, digital content and/or services.
Service contracts, after full performance of the service, but only if:

the execution has begun with the express prior consent of the consumer; and
the consumer has declared that he loses his right of withdrawal as soon as FM Minicars has fully performed 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, transport of goods, car rental and catering;
Agreements on leisure activities, if the agreement provides for a specific date or period for their performance
Products made to consumer specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer or which 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 reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that have been irrevocably mixed with other products after delivery due to their nature;
Colored sprayed products will not be returned by FM Minicars unless otherwise agreed with FM Minicars.
Products specially ordered for consumers will not be returned by FM Minicars unless otherwise agreed with FM Minicars or the consumer was not informed that the product is a specially ordered product.

Article 11 - The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, FM Minicars may offer products or services whose prices are subject to fluctuations in the financial market and which FM Minicars cannot influence at variable prices. This fluctuation obligation and the fact that the prices stated are target prices must be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal provisions or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if FM Minicars has stipulated this and:

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

The prices stated in the offer for products or services are exclusive and inclusive of VAT.

Article 12 - Performance of the agreement and additional warranty

FM Minicars guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of solidity and/or usability and the statutory provisions and/or government regulations applicable at the time of conclusion of the contract. If agreed, FM Minicars also guarantees that the product is suitable for a use other than normal use.
An additional warranty granted by FM Minicars, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against FM Minicars if FM Minicars has not fulfilled its part of the contract.
Additional warranty means any obligation of FM Minicars, its supplier, importer or manufacturer to grant 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 applies the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services. The place of delivery is the address provided by the consumer to FM Minicars.
Subject to the provisions in Article 4 of these General Terms and Conditions, FM Minicars sends accepted orders on working days until 4:30 p.m. on the next Monday or Thursday, unless another delivery period has been agreed. If the delivery is delayed or if an order cannot be executed or only partially executed, the consumer will be informed as soon as possible after the order. In this case, the consumer has the right to dissolve the contract free of charge.
After the dissolution pursuant to 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 representative appointed in advance and notified to FM Minicars, unless expressly agreed otherwise.

Article 14 - Payment

In the case of delivery against advance payment, FM Minicars processes 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 about any.