General Terms and Conditions Martsimo Shops (translation from Dutch)
Article 1. Applicability
1.1 These General Terms and Conditions of Sale (excluding any other general terms and conditions) (hereinafter: the Conditions) apply to all offers, orders and agreements of Martsimo Shops, also operating under the name Action Figure Playground (www.action-figure-playground.nl) (hereinafter "Martsimo").
1.2 Accepting an offer or placing an order means that the buyer accepts the applicability of these Terms and Conditions.
1.3 The provisions of these Conditions can only be deviated from in writing, in which case the other provisions remain in full force.
1.4 All rights and claims, as stipulated in these Conditions and in any further agreements by Martsimo, are also stipulated for any intermediaries and other third parties engaged by Martsimo.
1.5 If Martsimo allows deviations from these Conditions, whether or not tacitly, for a short or longer period, this does not affect Martsimo’s right to demand immediate and strict compliance with these Conditions. The buyer can never assert any right on the grounds that Martsimo applies these Conditions smoothly.
1.6 If one or more of the provisions of these Terms and Conditions or any other agreement with Martsimo should be in conflict with law, the relevant provision will lapse and Martsimo will replace this with new legally permissible provision, whereby the object and the scope of the original provision will be taken into account as much as possible.
Article 2 Contact details
MartSimo Shops co-operating under the name Action Figure Playground (www.action-figure-playground.nl), Mahatma Gandhistraat 95, 1447XP Purmerend. Tel. 06-36295649, e-mail address: email@example.com, CoC number: 60766594, VAT number: 167666034B01.
Article 3 Offers / agreements
3.1 All offers by Martsimo are without obligation and do not automatically apply to new or subsequent orders.
3.2 If Martsimo uses images, these are a true reflection of the offered products and / or services.
3.3 The prices stated for the offered products are in euros, including VAT and excluding administration and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing. Martsimo expressly reserves the right to change the prices, especially when this is necessary on the basis of (legal) regulations.
3.4 Martsimo is not obliged to deliver at a price of which it is reasonably understandable that it is based on an obvious mistake or error.
3.5 There will be an agreement as soon as the buyer completes the order. Orders are confirmed by Martsimo by means of an e-mail message.
3.6 Martsimo is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly provided otherwise. If an order is not accepted, Martsimo will notify this within ten (10) working days after receipt of the order.
Article 4. Payment
4.1 Payment must be made without discount or compensation.
4.2 Payment can be made in (one of) the manner (s) as indicated during the ordering process. Any additional instructions for payment are in the confirmation email.
4.3 Payments must be received by Martsimo no later than within seven (7) days after order, failing which the order will be canceled.
Article 5. Shipping costs
5.1 The shipping costs depend on the size and weight of the order. An indication of the shipping rates can be found on the website of Martsimo. Any extra costs (customs costs, import duties, costs in connection with deviating delivery, etc.) are not included in the shipping costs and will be charged to the customer.
Article 6. Delivery
6.1 Delivery takes place while stocks last. We aim to ship the order within five (5) business days after receiving the payment. When ordering multiple products, shipping will in principle take place as soon as all these products are in stock, unless otherwise agreed in writing, or Martsimo prefers delivery in parts. Delivery will always take place within thirty (30) days of receipt of the order, unless expressly agreed otherwise.
6.2 If an order cannot or can only partially be executed, the buyer will receive notice of this no later than thirty (30) days after he has placed the order. In that case, the buyer has the right to terminate the contract without incurring any costs, insofar as this is necessary.
6.3 If the order consists of several articles of which only one or a few cannot be delivered within thirty days, the buyer has the right of dissolution for exclusively the non-deliverable articles and the agreement for the remaining articles remains in full force, unless expressly otherwise made an agreement.
6.4 Martsimo processes the data as specified by the buyer. The correct postcode-house number combination is particularly important for shipping. Costs arising from the incorrect entry of data by buyer are at the expense of the buyer. Martsimo is not liable for non-arrival of the order due to errors of the carrier or the buyer himself.
Article 7. Reservation of ownership
7.1 The ownership of the delivered products is only transferred if the buyer has paid all that he/she owes to Martsimo on the basis of any agreement. The risk in respect of the products is transferred to the buyer at the time of delivery.
Article 8 Conformity and guarantee
8.1 Martsimo warrants that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement, one and other exceptions referred to in articles 8.5 to 8.7 (second-hand consumables, vintage and retro articles, handmade products). If a test battery (s) is supplied with a product and the product does not seem to work, it is recommended to first replace the battery (s) with new, properly working batteries. Unless expressly stated otherwise on the product page, batteries are not part of the purchase and non-working batteries do not automatically make the product defective.
8.2 The legal guarantee applies to all orders. This means that a product must do what the buyer can reasonably expect from it.
8.3 We deliver from stock, always send the actually ordered items and do not do random picking. Slight deviations from the photographs placed with the articles are possible. By this we mean an extra sticker on the packaging, another article number, a different version of the packaging. Such deviations do not constitute shortcomings in the fulfillment of our obligations under the purchase agreement (non-conformity). The purchase only gives the right to (exactly) the same article as ordered in the webshop.
8.4 If no details are stated in the description, we guarantee that the items ordered are in excellent condition ('mint'). However, this does not apply to the packaging, in exceptional cases some package damage may be visible. Such damages do not constitute shortcomings in the fulfillment of our obligations under the purchase agreement (non-conformity). The purchase only gives the right to an undamaged item.
8.5 Second-hand items supplied by Martsimo may show normal signs of use. These are not defects and the right to claim referred to in this article is therefore not applicable here.
8.6 Second-hand consumables, toys, games and the like were often manufactured at a time when there were no or hardly any quality marks, safety requirements, material regulations and minimum usage requirements. The items sold by Martsimo from this range are therefore exclusively intended as decorative objects. Martsimo can not be held liable for the safety and use of second-hand items nor for the condition of these products after use by the seller. After purchase, the use of second-hand items is at its discretion and at the purchaser's own risk.
8.7 Hand-made or hand-painted or painted articles are unique and never identical. There may be small irregularities in the surface or small 'outliers' in the paint. Various copies of the same article can therefore also differ (slightly) from each other. This does not mean that the relevant article is faulty and does not affect the conformity stated in Article 8.1.
Article 9 Complaints and liability
9.1 The buyer is obliged to examine at delivery whether the products meet the agreement. If this is not the case, the buyer must notify Martsimo, no later than two months after receipt, at least after observation was reasonably possible. The notification must be in writing, motivated and stating the invoice number. If requested, the buyer must give Martsimo the opportunity to inspect the defective product and, if requested, must provide photographs of the defective product in order to check whether or not the complaint is well-founded. This also applies if - in normal use - a defect of the article occurs at a later time, or the article otherwise does not (longer) meet the agreement.
9.2 Complaints submitted to Martsimo will be answered within a period of five (5) working days from the date of receipt. If a complaint requires a foreseeable longer processing time, Martsimo will reply within the period of five (5) working days with a notice of receipt and an indication when the buyer can expect a more detailed answer.
9.3 Complaints regarding a part of the delivered products do not give rise to rejection of the entire delivery.
9.4 If it is shown that the products do not comply with the agreement, or if the delivery is incomplete, Martsimo will at its own option replace the products concerned with new products upon return thereof, or refund the invoice value and / or supplement the delivery.
9.5 Items must be returned within 14 (fourteen) days after contact between the customer and Martsimo. Returned items must be properly packaged, sufficiently stamped and returned in accordance with the instructions from Martsimo including (copy) invoice. Costs and risk of loss or damage during transport are at the expense of the buyer. Unstamped or insufficiently stamped mail items are not accepted by Martsimo. Return COD is not accepted. The burden of proof for shipping lies, as required by law, with the sender, in this case with the customer.
Article 10 Visibility period / right of withdrawal
10.1 Martsimo applies the statutory approval period for distance purchases. If the buyer does not wish to purchase a product for any reason whatsoever, the buyer has the right to dissolve the purchase agreement within fourteen (14) (calendar) days after delivery. The articles have to be returned within another fourteen (14) days at the latest. If returned in accordance with the conditions stated in this article, Martsimo will refund the original invoice amount within 14 days after reporting the dissolution by transfer to the bank account number indicated by the buyer. Only the costs for return are at the buyer's expense. If the buyer wants to make use of his right of withdrawal, he must notify Martsimo by e-mail within the specified period, using the withdrawal form, which can be found under customer service / return.
10.2 During the trial period, the buyer will handle the product and the packaging with care. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. Return shipments within the trial period are only accepted if the product does not show signs of wear or damage and - if applicable - a sealed package has not been opened.
10.3 Products that have been made uniquely for the buyer are excluded from the trial period.
10.4 Returned items must be properly packed, sufficiently stamped and returned in accordance with the instructions of Martsimo including (copy) invoice. Costs and risk of loss or damage during transport are at the expense of the buyer. Unstamped or insufficiently stamped mail items are not accepted by Martsimo. Return COD is not accepted. The burden of proof before shipping is, as required by law, with the sender, in this case with the customer.
Article 11 Communication failures
11.1 Martsimo will take all appropriate security measures to ensure the electronic transfer of data and payment as safely as possible.
11.2 For misunderstanding, mutilation, delays or inadequate delivery of orders and announcements as a result of the use of the internet or any other means of communication in the traffic between the buyer and Martsimo, or between Martsimo and third parties hired by Martsimo, Martsimo is not liable, unless and insofar as Martsimo had the intention to cause them or Martsimo is grossly negligent.
Article 12. Force majeure
12.1 Force majeure means any shortcoming which does not apply to Martsimo, because it is not due to the fault of Martsimo and neither is for its account under any Act or according to generally valid views.
12.2 In case of force majeure Martsimo has the right to suspend the execution of an accepted order, or to dissolve the agreement without judicial intervention, this by writing to the buyer. In this event Martsimo will not be obliged to pay any compensation, unless this would be unacceptable in the circumstances to the standards of reasonableness and fairness. If the suspension period lasts longer than 30 days, both parties are entitled to terminate the agreement without any obligation to compensate the other party for damage.
Article 13. Privacy
13.1 Martsimo respects the privacy of all users of its site and ensures that all information provided by the buyer is treated confidentially. In order to be able to execute the agreement, it is necessary for Martsimo to share personal data with third parties involved in the execution, such as the parcel service, the payment provider, etc. Without this exchange of data the order can simply not be sent. Personal data will only be used to make the delivery as quickly and easily as possible and for advertising purposes of Martsimo itself. Personal data will never be sold to third parties. They will only be made available to third parties if they are involved in the execution of orders. Martsimo will, upon request, provide the buyer with access to the personal data registered by him and make improvements to them at the buyer's request.
>> Click here to read Martsimo's Privacy Statement
Article 14. Miscellaneous
14.1 Martsimo will send the order(s) to the home address specified by the buyer during the ordering process, unless the buyer gives Martsimo a written notice of another address to which the orders are to be sent (shipping address).
14.2 Martsimo is authorized to use third parties in the execution of your order(s).
Article 15. Applicable law and dispute resolution
15.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Terms and Conditions, are exclusively subject to Dutch law, even if the buyer lives abroad. The Vienna Sales Convention does not apply.
15.2 All disputes between parties that have not been submitted by the buyer to a disputes committee, whether or not via the platform of the European Union (European ODR platform), will be settled exclusively by the competent court in the Netherlands.
Version 3.1 June 2018
This English version is derived from the original Dutch text. In case of doubt or differences between the Dutch and English wording, the original Dutch text prevails.