Article 1 - Applicability

1) These terms and conditions are applicable to all offers, sales agreements and all there from deriving obligations of or with buyers and counterparties, meaning customer(s).

Article 2 - Establishment of Agreement

1) An agreement between Easy Trade BV and the customer is established after the customer has placed an order through the completely filled in order form on the website Monstercars.co.uk, this form functions as order confirmation. Once the total amount owed has been transferred using one of the payment methods we offer, we will proceed with delivery of the placed order. The customer will also receive confirmation of the payment made and the time at which the order is shipped;

Article 3 - Delivery

1) In principle Easy Trade BV strives to ship orders within 3 business days. Specified delivery time is merely an indication and is never a fatal deadline. We will endeavour to deliver within a maximum of 30 days in accordance with the law of remote buying in The Netherlands (wet op kopen op afstand) unless otherwise stipulated. If for whatever reason this is impossible then the customer may cancel the order free of charge. Already paid amounts will be credited as soon as possible within 30 days.

2) This period will commence at the moment the customer has paid for the product.

3) Delivery will be conducted by GLS Parcel Service. The risk of loss or damage of the product(s) that are subject of the agreement is the responsibility of Monstercars and is transferred to the customer at the moment the product(s) are legally and/or factually delivered to the customer and thus in the power of the customer or a third party appointed by the customer.

4) With delivery abroad different terms and conditions may apply.

Article 4 - Product Specifications

1) Specifications, prices and images have been made as accurate as possible. We are in principle not responsible for (consequences of) errors or deviations.

2) The offered goods will be clearly and truthfully depicted and/or described as fully as reasonably required and the commercial purpose must be clear. In case of limited validity of an offer, this limitation will be clearly noted.

Article 5 - Complaints

1) Upon delivery and arrival of the product(s) the customer shall check and assess that the delivery corresponds with the agreement. If the delivered product(s) deviate from the agreement, the customer has the right to immediately return the delivered product(s) unless the deviation from the agreement is so small that the refusal to accept the delivery is not justified. If however the delivered product(s) is not immediately at the moment of delivery, but no later than 2 months, refused, the delivered product(s) are considered as accepted, and the customer loses the right to come back to any possible deviations of the delivered product(s) of the agreement.

2) Upon delivery the customer shall immediately check the goods for visible defects, complaints such as damaged on delivery will not be accepted.

Article 6 - Warranty

1) User guarantees that to be delivered products meet any usual demands and standards that can be asked of them and are free of any and all defects.

2) The warranty mentioned in section 1 also applies if to be delivered products are intended for use abroad and the buyer has explicitly reported this intended use in writing to the user at the moment of making the agreement.

3) The warranty mentioned in section 1 is valid for a period of 12 months.

4) If the to be delivered products do not meet this warranty, the buyer shall within reasonable time after receiving de product(s), or if returning within reason is not possible, make known in writing the deficiency to the user, at choice of the user, replace or take care of repairs. In case of replacement the buyer shall return the replaced product(s) to the user and provide ownership thereof to the user. The buyer (customer) shall at all times be responsible for return shipment costs

5) The up to here mentioned warranty is not valid when deficiency or defect is the result of impropper or inappropriate use or when, without written permission of the user, the buyer or a third party have made adjustments or attempt to make adjustments to the product(s) or have used these for purposes for which they are not intended.

6) Besides these warranties legal warranties are still in effect.

Any potential warranty offered by the business does not take away from the rights which the consumer can assert on grounds of the law and the agreement at a distance.

Any potential warranty offered by the manufacturer or importer does not take away from the rights which the consumer can assert on grounds of the law, the agreement at a distance and the warranty offered by the business.

Article 7 - Prices and Payment

1) The displayed prices for the products on offer are in pound sterling and include VAT and do not include handling and shipping costs and potential taxes or other charges unless otherwise mentioned or agreed on in writing. Herein any typing errors are reserved.

2) Before the agreement is made the customer shall see the total amount including VAT (and all other potential costs).

3) Payments under reimbursement shall always be paid in cash.

4) Prepayments are to be made in full, after which the order will be prepared for shipping.

5) All orders need to be paid for by the customer beforehand, without deduction of costs or compensation within 10 days after commission, unless otherwise agreed on in writing.

6) The customer not honouring the agreement concerning the payment, entitles Easy Trade BV to immediately and extrajudicially suspend and dissolve its obligations in the agreement.

7) When after 10 days the invoice has not yet been paid in full, this counts as default for the customer. From the moment default sets in, the customer owes interest of 1% a month for the claimable amount. Part of a month will be viewed as a complete month.

8) In case of default on the side of the customer concerning meeting obligations, all legal and extrajudicial costs in obtaining payment, as well as demonstrable higher costs, which within reason were necessary, are to be paid in full by the customer.

9) Payments made by the customer shall first be applied to interest due and costs and then to payable invoices that have longest been outstanding, even if the customer indicates that the payment is related to a later invoice.

Article 8 - Retention

1) Possession of products delivered by Easy Trade BV is transferred to the customer only when all the delivered/to be delivered products as well as any potential costs incurred from handling and shipping of these products have been paid in full. The risk concerning the product(s) is transferred to the customer at the moment of delivery.

Article 9 - Customer Complaints

1) Any complaint by the customer shall be made known in clear terms in an email sent to the Easy Trade BV address specified on this website.

2) Complaints will be treated within 10 business days. In case of potential deviation from this period, the customer shall be contacted.

 
Artikel 10 - Force Majeure

1) In case of force majeure, i.e. a non-attributable failure of the supplier, the buyer and or customer is never qualified to dissolve the agreement.

2) Easy Trade BV is not held to honour any obligations towards the customer if it is prevented from doing so as a result of circumstances, which are not its fault, either by law, act of law or prevailing opinion.

3) Easy Trade BV shall contact the customer within 21 days in case of force majeure.

4) Circumstances in article 10.3 and 10.1 can include power outage, transport delays, a fire or other incidents in the company and not or untimely delivery by Easy Trade BV's suppliers.

Article 11 – Defects and Complaint Periods
1) The customer shall check the product(s) on delivery or as soon as possible afterwards. The customer needs to check if the delivered product(s) meet the agreement, namely: Have the right product(s) been delivered; is the quantity as agreed; do the product(s) meet the agreed upon quality or, in case this was not specified, do the product(s) meet the requirements that can be expected for normal use and/or commercial use.

2) If visible defects or deficiencies are found by the customer, the customer shall report these in writing to Easy Trade BV within 7 days after delivery of the product(s) in an email to the email address which can be found on the website monstercars.co.uk.

3) Not visible defects are to be reported in writing to Easy Trade BV by the customer within 3 days after their discovery, though no later than within 3 months after delivery.

4) Products can only be returned after prior written permission has been granted.

Artikel 12 - Return Period

1) For all products there is a legal return period. This return period is 7 business days after receiving the product(s). If the customer decides to return the product(s) within this period they can do so without additional costs. In this case the product(s) need to be undamaged and unused and be in the original packaging. In this case the costs of returning the product(s) are to be paid by the customer. If upon receival we find that the product(s) do not meet the demands above, we will still collect the invoice payment.

2) If the customer returns the product(s) with abidance to article 12.1, the collected payment will be refunded in pound sterling within 30 days.

3) Before returning the customer has to send an email to the email address specified on this website containing the invoice number. After this a confirmation will be sent stating that the email has been received.

Artikel 13 - Changes to the Terms and Conditions

1) Easy Trade BV is qualified to change or adjust these terms and conditions.

2) Changes to these terms and conditions are only enforced after these have been published in the for this purpose appropriate manner, with the proviso, that in case of applicable changes in the duration of an offer the most favorable condition for the customer shall prevail.

Artikel 14 – Applicable Law and Jurisdiction

On all legal relationships between de contractor and the client, Dutch law is applicable. All disputes, insofar as they meet the competency of the district court, will be tried by the qualified judge in the place of residency of the contractor.