Terms of Sale

These terms and conditions of sale (“Terms of Sale”) regulate your purchase of the products Westfront Armor (“we”, “us”, “our”) promotes and sell on this Site (“Products“) and the shipping of such Products in the countries we deliver to. “Site” means the website located at westfrontarmor.nl. It is important that you read these Terms of Sale carefully before placing an order for Products on this Site (“Order, Pre-order“). Any reference to “you” or “your” “Customer” means you, the user/Customer.

We recommend that you print a copy of these terms for future reference.

Please note: You should understand that by using our site or ordering any of our Products, you agree to be bound by these terms and conditions.

 

INFORMATION ABOUT US

Westfrontarmor.nl is a site operated by dino design (“We, us, our, Westfrontarmor, Westfront Armor”). We have our registered office at: Alsemlaan 2, 5582CN Waalre, The Netherlands. We are registered at the Chamber of Commerce Eindhoven, the Netherlands: K.v.K. 62425552.

We sell 1/6 scale model kits & accessories through our website Westfrontarmor.nl.

Our kits can be (pre)-ordered through the website. Pre-ordering will require a deposit to be made. All orders must be payed in full, 14 days prior to dispatch of the product. Westfront Armor kits are intended to be build by the experience modeller.

 

ABOUT YOU, OUR CUSTOMER (“Customer”)

By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old.

You are solely responsible for ensuring that the details that you provide are correct and complete and for informing us of any changes to them. You will only use the Website in accordance with our Terms.

 

PAYMENT

The Customer may only use the payment methods specified in the order process. Westfront Armor is free in its choice of payment methods offered on the Site. These payment methods may change from time to time. Payment must be made in EUROs. You are liable for any bank fees or currency exchange fees related to foreign currency transactions.

The VAT on a Product is at the applicable rate chargeable in the Netherlands on the date of the order. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

Payment must be made in full 14 days prior to dispatch of Products. No goods will be dispatched before full payment has been received.

Payment for Products must be made within 14 days of us requesting payment. After this time we reserve the right to cancel your order and refund any deposit you may have made up to that point less an administration charge.

Refund: The funds will be returned to whatever payment method that you initially used to make the payment.

 

PRE-ORDER

New model kits may be pre-ordered through payment of a deposit. By submitting a pre-order for a Product offered by Westfront Armor, you are making an offer to purchase the Product. The deposit amount will be stipulated on the Product Pricing page on our Site.

The balance amount will need to be paid 14 days prior to shipment of the Products and within 14 days of us requesting payment. A payment is deemed late 14 days after the request for the final payment is made.

In the event of you cancelling your pre-order or not making the remaining payment in the timescales stipulated above, we reserve the right to cancel your pre-order and return the deposit to you less an administrative charge of 150 EUROs. You will be responsible for any bank fees or currency exchanges losses that may result from this transaction.

Refund: The funds will be returned to whatever payment method that you initially used to make the payment.

 

ORDERING OUR PRODUCTS

You may place an Order for our Products via our Site, or by email. By placing an Order, you are offering to buy our Product(s) and does not imply acceptance of the Order by us. The contract between us (Contract) will only be formed when we dispatch your product. The Contract will relate only to those Products we dispatch. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products.

 

WHEN ORDERS ARE NOT ACCEPTED

While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if:

1. You provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;
2. We discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed;
3. The Products you ordered are unfortunately out of stock or no longer available;
4. We have reasonable grounds to believe that you intend to resell the Products.

If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.

 

DELIVERY AND INSPECTION

Every item we sell is carefully inspected before it is shipped.

We use 3rd party courier companies for our shipments. You will be able to track your shipment on their website. We will inform you of the shipment when shipping.

Please note: If you order Products for delivery outside the Netherlands, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

You are responsible for ensuring that you comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Estimated delivery date will be provided on dispatch. Exact times cannot be given.

Westfront Armor will not be liable for any shipping or delivery delays.

Westfront Armor will not be liable for any courier mishandling or damage.

Clients must inspect goods at the time of receipt.

Any damage must be documented and noted on any delivery docket.

All packaging must be retained in the event of any damaged goods.

Photographic proof of damage must be forwarded Westfront Armor within 24 hours of the receipt of goods.

Westfront Armor will not accept notification of any damages reported after this time.

Any additional freight charges that accrue after dispatch will be passed on to the client.

Westfront Armor will not be liable for any customs related delays.

Orders must be delivered to an address where someone will be present during business hours to sign for the delivery. Anyone at the delivery address who receives and signs for the goods shall be presumed to be authorized to do so on behalf of the purchaser.

If there is no one at the delivery address at the time of delivery, alternative arrangements will need to be made directly with the carrier. If you believe a box has been lost in transit, please email us with your tracking number and a tracer will be initiated at that time.

Title and risk for the Products will transfer to you as soon as the Products have been delivered. If you delay accepting a delivery, our responsibility for everything other than damage due to our negligence will end on the date the carrier tried to deliver the goods to you.

Except under special circumstances, no international orders can be reshipped within 60 days of the original ship date due to customs withholding practices.

 

LIABILITY

As long as no full payment of the purchased items has been made for the entire agreed amount, all delivered goods remain the property of Westfront Armor.

Liability of Westfront Armor towards the Customer for any indirect damage, including consequential damages, lost profits, lost savings, loss of data and/or loss due to business interruption is excluded at all times.

Except for the limited liability as described in the preceding two paragraphs of this article, Westfront Armor accepts no liability whatsoever.

Your statutory rights are not affected by these conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.

Westfront Armor kits are intended to be build by the experience modeller. Unlike plastic kits, metal kit components may need drilling, bending, filing, fitting. Please beware that metal parts can be sharp, the models can be heavy and some electrical work is needed for Radio Control. Please take appropriate precautions when building or using our models. Use the appropriate tools and protection and work safe!

You, the User are required to read or view all instruction manuals and follow the manufacturers guidelines. We cannot and will not accept responsibility for injury and/or crash damage or loss of kits, or accessories, parts and materials that occurs during the use of any model. it shall be the user’s responsibility to determine the suitability of the Product for your intended use and environment and shall assume all risk and liability.

We cannot accept responsibility for injury and/or crash damage or loss of kits, motors and accessories, parts, and materials that occurs during improper installation or assembly, improper use, exposure to weather or improper environment,, the use of any model. The user shall determine the suitability of the product for his or her intended use and shall assume all risk and liability in connection therewith.

If you substitute or replace normal kit hardware and/or components with after-market accessories, or if you abbreviate from design and/or building instructions as are supplied and/or approved by Us. Westfront Armor cannot be held responsible for problems or equipment failure caused by incompatibility or modifications. This includes all products sold by Westfront Armor.

All Products that are returned to Us become our property.

 

ACCURACY OF DATA ON OUR WEBSITE

We do our best to ensure that the information about Products is accurate and up-to-date. However we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them.

Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours.

Images used on the Site are not necessarily identical to the (finished) kits. For instance it can be Artists impressions, images of a prototype, customer images of the finished product or historical (reference) images. We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Confirmation.

 

ABOUT OUR SCALE MODELS

Westfront Armor scale models are faithful representations based on extensive research of relevant documentation and the actual 1:1 vehicles. However, the 1/6 scale and the materials used have their limits. If needed the design may deviate from the original model. For instance: to accommodate RC control, structural integrity or weight. These adjustments will not be accepted as a fault or reason for return.

Our model parts are made in small batches. This can result in minor variations in the appearance, dimensions or material between models. These variations will not be accepted as a fault or reason for return.

Westfront Armor kits are intended to be build by the experience modeller. Unlike plastic kits, metal kit components may need drilling, bending, filing, fitting. Please beware that metal parts can be sharp, the parts and models can be heavy and some electrical work is needed for Radio Control. Please take appropriate precautions when building or using our models. Use the appropriate tools and protection and work safe!

 

WARRANTY

We warrant to you that any Product purchased from us will, on delivery and for the following twelve (12) months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied provided that said Product has been used in accordance with the manufacturers usage instructions.

 

CONSUMER RIGHTS

Under the European Consumer Contracts Regulations you have the legal right to cancel your order within 14 days of delivery of the Products. If for any reason you are not entirely happy with your order we will refund the value of the Products supplied less a restocking fee of 10% of order value and the Postage and Packaging charges provided the following:

1. You must inform us of your intention to cancel your order by email within 14 days of delivery of the Product. We will provide you with written confirmation of your intention to cancel by email.
2. The Products must be returned to us in perfect condition and in the original packaging to us. Mixing or consolidating components, joining, filing, painting and other similar actions constitutes used Products and cannot be returned. You must obtain a certificate of shipment as we cannot be held responsible for the non-delivery of Products to our address without it. We advise you to insure the shipment.
3. Your payment will be refunded within 14 days of our receipt of the Products. Refunds will be made via the original method of payment.

 

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
 

ENTIRE AGREEMENT

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

Nothing in this clause limits or excludes any liability for fraud.

 

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to time, including (without limitation) to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).

 

JURISDICTION AND APPLICABLE LAW

The Agreement and these Terms are governed by Dutch law.

Unless provided otherwise by mandatory law, any disputes that may arise from the Agreement will be submitted to the competent Dutch court in the district of Den Bosch.

In this Agreement, “in writing” includes communication by email, provided that the identity of the sender is sufficiently clear.