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Home :: Terms & Conditions

Terms & Conditions

General conditions Big Train World

Article 1: General

These conditions apply to and form a whole with all agreements to be concluded by Big Train World. In these general terms and conditions, Big Train World means the company "Big Train World" in Noordwolde (Frl.) Registered with the Chamber of Commerce in Leeuwarden under number: 69631328.

Client: any natural or legal person to whom a performance or delivery is performed by Big Train World. If the client is a legal person, the natural person by whom or on whose behalf the contract was given to conclude the contract is jointly and severally liable in addition to the legal entity for the fulfilment of that agreement. Deviating from these conditions or supplementary provisions only apply if and insofar as they have been agreed in writing with Big Train World.

 

Article 2: The agreement

A purchase agreement is concluded when placing an order. You must confirm your order during the ordering process.

Errors and mistakes are entirely at the risk and expense of the buyer.

By placing your order you also agree to these General Terms and Conditions.

All offers are without obligation. The agreement is concluded when the client accepts an offer from Big Train World, unless Big Train World withdraws the offer within 10 days after acceptance by the client without having executed the agreement. If in the acceptance by the client reserved or changes to the offers of Big Train World are made, in derogation from the previous paragraph the agreement only comes into effect, if Big Train World has informed the client with these deviations from the offer. to vote. Big Train World can not be held to obvious mistakes or writing errors in the quotation or any other offer. Unless otherwise stated, the offer or offer has a validity of 30 days. If the goods ordered by the client are not in stock, or must be ordered especially by Big Train World, Big Train World is entitled to demand a deposit of up to 50% before an agreement is concluded or a closed agreement is executed .

 

Article 3: Price change

If wages, social contributions or price increases occur after the conclusion of the agreement, Big Train World is entitled to charge these changes to the client. If the change referred to in the previous paragraph occurs within 3 months after the conclusion of the agreement, a client who does not act in the exercise of a profession or business, is authorized to dissolve the agreement by registered letter.

 

Article 4: Delivery and retention of title

The client is obliged to take the purchased goods directly from Big Train World. As long as the client has not made full payment, the materials actually delivered or to be processed by Big Train World remain the property of Big Train World.

The ordered items are usually delivered within 5 working days after receipt of the payment. However, there is a statutory maximum delivery time of 30 days, unless the client explicitly gives permission for the delivery to take longer. If this is not the case, and the purchase is not delivered within thirty days, the customer has the right to cancel the order.

In case the item is not in stock, Big Train World reserves the right at all times to cancel the current order of the product at the customer's choice and to order it as a new order, or to credit the buyer. for the amount paid.

In the event of late delivery, we must also be given notice of default in writing. Irrespective of the above, we at least preserve the right of a subsequent delivery period of fourteen working days, during which the bidder must still accept the delivery.

As soon as the products to be delivered have been delivered to the place of destination and / or to the buyer, the risk in respect of these products passes to the buyer. If the products to be delivered are offered in vain at the delivery address or are delivered at the post office, the risk will pass at the moment the products are offered in vain or delivered at the post office. If the products or order have been delivered to the neighbors, housemates or third parties, if they have signed for this, they are at all times liable for the incomplete, defect or lost of the order.

If what has been agreed by which circumstance is not feasible then you have the right to dissolve the agreement or to request a new delivery time.

 

a) Delivery time

The stock status is indicated with the articles, these are only indicative and no rights can be derived from them. Parts are not all in stock by default. These are ordered by Big Train World from the relevant supplier at the time that we receive your payment. The indication delivery time of parts is +/- 4 weeks.

 

b) Delivery time for other articles

The other items are delivered in consultation with the customer. In order to keep the prices of the products from the current program as low as possible, we work with a minimum stock, which means that at the time of placing your order the relevant product is not present.

Items and shipments with a total weight above 30 kilos or with a package size of 300 cm can not be sent in 1 package, these can be offered as 2 separate shipments if possible. Please contact us via info (at) BigTrainWorld.com for consultation on this subject.

Shipments are always at the expense and risk of the buyer. The choice of the method of shipment and packaging is up to us. The time of legal delivery is the moment when the goods leave our company. Big Train World is entitled to make partial deliveries.

 

 

Article 5: Compensation

In the execution of an agreement, Big Train World is never obliged to pay any other compensation than expressly stipulated in these conditions, in particular not compensation for other direct or indirect damage, including third-party damage, loss of profit, etc., except insofar as these damage is due to the intent or gross negligence of Big Train World. If and insofar as Big Train World is liable for any damage, the liability insurer of Big Train World will be paid.

Big Train World is authorized at all times to limit or rectify the damage that has occurred.

 

Article 6: Actions and special offers

We reserve the right to deviate from our payment terms for actions and offers and to apply a maximum payment term of 7 days. The price quoted by us includes VAT and in Euro, but excluding shipping costs. All prices are subject to price changes, typing errors or other errors.

Discount actions / action codes are only valid on stocked items, unless specifically stated otherwise.

 

 

Article 7: Execution time

The term of execution is understood to mean: the term specified in the agreement within which the performance must have been performed. The execution time is deemed to have been approximately agreed, unless an explicit deadline is set. A stipulated completion period does not start until after the agreement between the parties is final and all data necessary for the performance of that performance are in the possession of Big Train World. If the execution period is roughly agreed, Big Train World is obliged to comply with this execution period as much as possible, but it is not liable for consequential damage as a result of an exceeding, however named. If the execution term is exceeded, Big Train World will be granted a further term to comply with. Exceeding an indicative execution period does not entitle the client to the non-fulfillment or suspension of any serious doubt vis-à-vis Big Train World regarding the payment capacity or willingness of the client. Big Train World is entitled to suspend the execution of work or the delivery of materials until the client has provided sufficient security for the payment thereof. The Client is liable for the damage suffered or to be suffered by Big Train World as a result of this delay.

 

Article 8: Payment

Unless otherwise agreed, the payment term is a period of 14 days after the invoice date. If we have not received your payment within 14 days, then it is possible that the ordered item (s) is no longer available at the agreed price. You can then re-order the item at the then current price. Advertising does not suspend the payment obligation. Debt comparison is never permitted.

In the event of late payment, the client is legally in default in accordance with Article 13. The client will owe default interest of 2% per month on the outstanding amount, commencing on the 15th day after the invoice date until the day of full payment. A part of a month is counted as a whole month. In addition, the client will then owe the extrajudicial collection costs in accordance with the rate charged by the NVI. The Client is not entitled to suspend its obligations towards Big Train World or to resort to set-off.

 

Article 9: Cancelling

In the event of cancellation (in writing) of the agreement by the client, this is due a compensation of 15% of what the client should have paid in the execution of the agreement, unless Big Train World can make it plausible that its damage is greater.

In case of special orders, the client will be obliged to pay 50% of the purchase price.

Cancellations will only be processed if they are submitted in writing.

 

Article 10: Extra costs, additional work, less work

Costs that arise because the client has failed to make the execution of the work possible, will be charged extra to the client. Extra or less work will be settled in fairness. Additional work generally includes: all work and deliveries which are not included in the agreement and which are required by the client or are necessary for the proper functioning of the purchased items. If the additional work consists of an additional delivery of goods for which fixed sales prices are applied, the customer owes that retail price.

 

 

Article 11: Force majeure

Big Train World is not liable for damage as a result of force majeure. There is a case of force majeure on the part of Big Train World if, after the conclusion of the agreement, a circumstance is revealed that is not due to the fault of Big Train World, nor by virtue of the law, legal act or generally accepted views on traffic. account of Big Train World. If by force majeure the execution of contracted work is delayed for more than 2 months, the client is entitled to dissolve the agreement. In that case the client cannot claim any compensation from Big Train World. If force majeure occurs while the agreement has already been partially executed, the client, if due to the force majeure the remaining execution of the work is delayed by more than 2 months, has the authority to terminate the agreement for the part not executed, subject to the obligation to already paid part pro rata. As soon as a situation as referred to in paragraph 2 occurs or threatens to occur, Big Train World will inform the client of this.

 

Article 12: Complaints

The buyer is obliged to inspect the products on arrival and report possible defects directly to Big Train World. Advertisements regarding deliveries must be made to us in writing within 48 hours after the goods have reached the buyer. This can be done at info (a0BigTrainWorld.com In the absence of this we are deemed to have delivered in accordance with our obligations.If timely complaint and the delivered goods do not comply with the agreement, we will at your choice and return the delivered goods, either for free re-delivery or for the purchaser to send a voucher for the returned goods or to credit the purchase amount of the product You can reach us by e-mail: info (at) BigTrainWorld.com

All goods sent through a package of shipments are automatically insured. However, transport damage must always be reported to the carrier at all times.

Unless otherwise agreed, any costs for the return of the goods will be for the costs of the client.

 

Article 13: Conformity and guarantee

Big Train World guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by Big Train World, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

 

- Handle warranty procedure

It is annoying if an article does not work or does not function properly. Always follow the user manual for possible problem solutions.

If an article does not function properly immediately after receipt, you must inform us as soon as possible. In this case, contact us.

If the article turns out to be defective, we will always propose a solution. We would also be happy to advise you if you have purchased an item elsewhere.

 

Follow the steps below to claim / claim a warranty:

• Report the problem within the warranty period.

• Send the defective article as soon as possible, but no later than 14 days after the notification.

• Pack the warranty article properly when you send it.

• Clearly a note with address and telephone number and the description of the problem must be clearly stated in the guarantee shipment.

Also add a copy of the proof of purchase.

• The consumer bears the risk for shipping, so we advise you to send the package by registered mail and to keep the proof of delivery, so that you can claim a possible loss from your carrier.

 

Article 14: Dissolution

Client is in default by operation of law and Big Train World is entitled to consider the agreement as terminated without judicial intervention, after a written statement made for that purpose: in the following cases:

- If the client is negligent with the payment of 1 or more installments

- If the client fails to comply with any provision of the agreement

- If prejudgment or executory attachment may be imposed on any assets of the client or on the goods processed or actually delivered by Big Train World.

- If the bankruptcy of, or suspension of payment by, the client may be applied for or a settlement of his debts may be offered to his creditors.

- If the client goes to liquidate or leaves due debts unpaid

- If the client dies, is placed under guardianship or in any other way loses the disposal or management of his assets

 

Due to the dissolution, the reciprocal obligations become due immediately. Client is liable for the damage suffered by Big Train World, including loss of profits and costs incurred.

 

Article 15: Prescription

All legal claims of the client on account of an agreement subject to these terms and conditions shall become time-barred, with due observance of provisions of mandatory law after one year, starting from the day on which the goods were delivered or work was completed or should have been completed.

 

Article 16: Dispute

Dutch law applies to all disputes arising from the agreements concluded between the parties and the associated present general terms and conditions.

The applicability of the provisions of the Vienna Sales Convention is explicitly excluded.

 

Disputes are settled by the competent Dutch court.

 

Article 17: Right of withdrawal

The buyer has the right to revoke the purchase within 14 working days (2 weeks) after receipt of the order without giving any reason. This does not apply to products that have been used, magazines, custom-built products and specially ordered products. The goods must be returned complete, undamaged, unused and in original undamaged packaging within this period of 14 days. The shipping costs of the return shipment are fully at the expense of the buyer and are therefore not reimbursed. Big Train World will refund the paid amount to the buyer within a period of 14 days after receipt of the notification and check of the returned goods.Any reduction in value as a result of damage or use will be deducted from the amount to be reimbursed.

All costs for returning the goods are at the expense of the client!

 

In order to make use of the right of withdrawal, the client is (legally) obliged to send the completed form to us (by e-mail or mail) and (a copy) with the return shipment. This notification must be sent to us within 14 days after receipt of the goods. The date postmark or the date of the e-mail server / fax will be the sending date.

 

You can download this form here: Form for Revocation

 

a) Items outside the standard stock

Items that are not on our online shop and / or ordered on special request of the customer are outside the right of withdrawal, after payment of the order amount or agreed advance, return is possible only a fine of 15% of the order amount will be deducted.

 

 

Last updated: May 15, 2018.

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