General terms and conditions of sale for consumer customer
Table of Contents
- Art. 1. Definitions
- Art. 2. Parties to the contract
- Art. 3. Scope of the contract
- Art. 4. Purchasing procedure and conclusion of the Contract
- Art. 5. Description and visual representation of goods
- Art. 6. Product Availability and Series Termination
- Art. 7. Prices, handling fees and delivery costs
- Art. 8. Cancellation
- Art. 9. Payments
- Art. 10. Shipping and billing documents
- Art. 11. Shipping and delivery times
- Art. 12. Delivery of products
- Art. 13. Verification operations upon delivery of products
- Art. 14. Force majeure and acts of third parties
- Art. 15. Warranty
- Art. 16. Exemption from liability for contents posted on the Website by the Customer
- Art. 17. Amendments
- Art. 18. Slight negligence and limitation of liability
- Art. 19. Intellectual property rights
- Art. 20. Processing of Personal Data
- Art. 21. Other provisions
- Art. 22. Complaints
- Art. 23. Applicable Law and Jurisdiction
These general conditions of sale govern the purchase of products and services carried out remotely via the Internet on the site www.buildp51mustang.com or www.collect4good.com . Before placing an order, the customer is required to read these Terms and Conditions of Sales, made available on the above website for readability, storage and archiving.
Art. 1. Definitions
1. Except as otherwise provided in the Contract, the following terms and expressions shall have the meanings shown below:
a) “COLLECT4GOOD, INC.” or “C4G”: COLLECT4GOOD, INC, a company with a registered office at 26, O’Farrell street, Suite #500 – San Francisco CA 94108 – United States, tel. (415)992-8116, e-mail firstname.lastname@example.org .
b) “Site” or “Website” or “Mobile Site”: both URL collect4good.com and www.buildp51mustang.com are owned by C4G.
c) “Customer”: a natural person who concludes the contract for the subscription to the Product.
d) “Consumer” or “Consumer Customer”: the Customer shall be a natural person who is acting for purposes which are outside his trade, business, craft or profession. In case of a “Professional Customer” (natural person or legal entity) acting in the course of his business, commercial activity, craft or profession, or a third party, such Customer shall contact C4G specifying their B2B intentions at email@example.com .
e) “Parties”: C4G and the Consumer Customer.
f) “Product”: includes, but not limited to:
– the P51D Mustang buildup 1:16 scale model sold by monthly installment with its brochures
– accessories such as binders, clearcase, diorama, and other items that might appear in the series
g) “Installment”: each monthly Installment comes with a package enclosing a set of parts to keep on building up the scale model, and a brochure with instructions on how to assemble the parts, and other content related to the P51 airplane, the WWII history …
h) “Business Days” and “working hours”: Monday to Friday, except national holidays, with working hours from 9:00 a.m to 5:30 p.m PST.
i) “Contract”: is concluded between the Parties as soon as the Customer subscribes.
Art. 2. Parties to the contract
1. Parties to the contract are C4G and a Consumer Customer.
2. The contract between C4G and the Consumer Customer is subject to, among other things, the specific regulations related to Online Selling.
3. The Consumer Customer’s personal data are shown in the Order Confirmation and the Application Registration sent by C4G: it is an integral part of the Contract.
Art. 3. Scope of the contract
1. These Terms and Conditions of Sale for Consumer Customers (“General Terms”) govern the purchase, made by Consumer Customers, of the Products commercialized by C4G.
2. These General Terms do not apply to contracts concluded with Professional customers.
Art. 4. Purchasing procedure and conclusion of the Contract
2. By subscribing on the Site, the Customer confirms the purchase of the Product, as well as receiving from time to time the accessories such as binders and other items necessary to the series’ completeness which are charged separately.
3. The subscription by the Customer has contract proposal value and, by subscribing on the Site, the Customer acknowledges that he has full understanding of and totally accepts these General Terms. The Customer is requested to print and keep the order confirmation received by email.
4. The Customer acknowledges that the order confirmation referred to in the preceding paragraph is sent as a result of a computer automated treatment. C4G has the right to accept or reject, in its sole discretion, the subscription submitted by the Customer, the latter may not complain or claim for rights of any kind, for any reason, in the event of non-acceptance of the subscription. The possible acceptance of the Customer proposal is confirmed by C4G after checking the availability of the Product, reviewing the Customer’s information and payment details.
5. The Customer, as a consumer, may exercise the right of withdrawal in the terms and conditions of the law related to the Online Selling.
Art. 5. Description and visual representation of goods
1. The visual representation of the products on the Website, if available, usually corresponds to the photographic or illustrated image of the products themselves and/or their packaging. This representation has the sole purpose of presenting them to the sale, without any warranty or commitment by C4G, about the exact correspondence of the image depicted on the Site with the actual product.
2. In case of difference between the image and the actual product, C4G cannot be hold responsible for any compensation. The Customer may only cancel his/her subscription to the Product.
Art. 6. Product Availability and Series Termination
1. The Customer acknowledges that, because of the possible simultaneous access to the Site by more users and the time between the loading of the web page and the subscription process, the actual availability of the Product may vary considerably. C4G does not make any commitment or guarantee the certainty of prompt delivery of the Product as available on the Site.
2. Availability of products, as shown on the Site, are subject to change at any time and without notice.
3. C4G has the right to interrupt at its sole decision the publication and shipment of the Installments, and without notice. Only the Installments and accessories shipped and delivered shall be invoiced and paid by the Customers.
Art. 7. Prices, handling fees and delivery costs
1. The Customer will pay C4G the price indicated on the Site. All product prices are indicated on the Site and are exclusive of Sales Tax or any other local tax(es).
2. The shipping & handling fees [S&H] are indicated on the Site. In the case of returning products by Customer, the handling fees will be charged on case to case basis. Customers can find out the amount by contacting C4G at firstname.lastname@example.org .
3. Delivery is free for Customers for whom the delivery address is within the US mainland. Any other delivery address is subject to extra charges after a quotation by the Customer Service.
4. Prices, handling fees’ and delivery costs’ conditions can be changed at any time without notice at the sole decision of C4G.
Art. 8. Cancellation
1. The Customer may interrupt the subscription at any time. Nevertheless, the Customer shall bear in mind that C4G needs a period of 14 days to record and stop all shipments.
2. The Installments and accessories delivered so far, including those processed during the period of 14 days mentioned above in paragraph 1, shall be charged to and paid by the Customer.
3. In case of returning goods by the Customer to C4G, handling fees shall be charged to the Customer. The amount of handling fees are indicated on the Site in the subscription form page.
4. By subscribing, the Customer can access all features of the application software under the “Collector Plan” as described on the Site. However, once the subscription is canceled, the use of the application software will be downgraded to the “Digital Plan”. Functionality of the “Digital Plan” is described on the Site.
Art. 9. Payments
1. The Customer subscribes to the Products with payment by credit card. The information relating to the buyer’s credit card will be transmitted to and managed by a third party (“Intermediary”).
2. Credit card payment processing takes place using a secured connection, where the Customer will find an indication of the order and shall specify the type, number, expiration date and security codes of the credit card.
3. The Customer’s credit card shall be charged for only the amount of one Installment once this Installment has been shipped out, every month.
4. In order to proceed with the payments of further monthly Installments, the Customer agrees to let C4G retain the payment information.
5. C4G will make all efforts to anticipate the expiration date of the credit card to be used for payment. Nevertheless, C4G also invites Customers to contact Customer Service and update the payment information in order to avoid any delay in the shipment of Installments.
Art. 10. Shipping and billing documents
1. For each Installment shipped out and charged to the Customer, C4G will issue an invoice accordingly.
2. The information provided by the Customer at the time of filling the subscription order will be used for invoice issuance. The Customer assumes all liability for the correctness of this information. No change in the bill will be possible after the issuance thereof.
Art. 11. Shipping and delivery times
1. C4G will process the 1st Installment normally within one week from the date of receipt, after confirmation of the payment information. Deliveries are made via ground transportation within approximately the next 3 to 4 days (excluding weekends and holidays).
2. In the event that there is a problem with the courier during transport and the package does not arrive at destination within the indicative period referred to in paragraph 1, the customer can report it promptly to C4G’s Customer Service, which will attempt to resolve the issue in a reasonable period of time.
3. The fulfillment and delivery terms referred to in paragraph 1 are only approximate and not guaranteed, by virtue of the many variables in play, with special but not exclusive reference to the stage of delivery by the courier.
4. Delivery times are related to the products in the warehouse at the time of the purchase. No responsibility can be attributed to C4G for delays in delivery of the goods due to unforeseeable circumstances or force majeure, and in the event of strikes, weather circumstances, special holidays, warehouse inventories, changes to information systems and other extraordinary events, they are likely to cause approximate times higher than those in the execution of orders, including the order of several days.
5. In any case, if the time for delivering the Products should be delayed with respect to the delivery times indicated on the Site before placing the order, C4G agrees to immediately notify the customer via an e-mail sent to the address specified by the customer himself.
Art. 12. Delivery of products
1. All deliveries of Products will be at risk of C4G until delivery of the goods to the Customer’s address is made. Nevertheless, the Customer has the responsibility to provide C4G with the precise and complete postal address to avoid any wrong delivery.
2. No responsibility, in any way, may be charged by the Customer to C4G in case of delays at the time of delivery.
3. Due to the size of some of the Accessories (for example: binders), the customer might be required to be present in the place specified by the customer. Courier delivery times are usually comprised between 8:30 a.m. and 07:00 p.m. In the event the customer is not there, the dispatcher will leave a notice with directions to be able to agree on a different delivery date.
4. If the delivery does not take place for reasons attributable to the customer (for example, due to his absence and/or for his failure to contact the courier pursuant to paragraph 3), the latter might be obliged to pay the costs incurred by C4G for redelivery.
Art. 13. Verification operations upon delivery of products
1. Upon delivery of the goods by the courier entitled by C4G, the customer is required to check that the content of the package delivered corresponds to that indicated in the invoice and that the packaging is not damaged or altered, also the sealing materials, checking with particular care the presence of any signs indicating the breaking of the goods sent.
2. To be valid, any damage to the packaging and/or the products and or the mismatch in the number of packages and/or information must be immediately reported by the customer, who must declare, in writing, to the person in charge of product delivery, that they are accepted “subject to control” or indicating that they are “damaged”: in the absence of that, complaints will not be accepted. The Customer also undertakes to notify promptly, but no later than 24 hours from the date of delivery, to C4G (via e-mail or registered letter with acknowledgment of receipt to the address of art. 1 of these General Terms) any and all eventual problems regarding the integrity, correspondence and/or completeness of the products received.
Art. 14. Force majeure and acts of third parties
1. C4G is not liable for cases of force majeure, unavailability of transportation, acts of third parties, unforeseeable or unavoidable events that cause a delay in delivery and/or make deliveries difficult or impossible or cause a significant increase in the cost of delivery charged to C4G.
2. In the cases referred to in the preceding paragraph, C4G has the right to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Subscription. In such cases, C4G is committed to providing timely and adequate notice of its determination to the email address specified by the customer, who, in this case, has the right to a refund of any money already paid for the undelivered products, excluding any further claims, in any capacity, against C4G. In this sense, the Customer expressly waives any and all claims and/or compensation in respect of C4G.
Art. 15. Warranty
1. In case the Customer receives a defective product, C4G shall be informed of such matter by email within 14 days from the time of delivery.
2. Upon receipt of the claim, C4G will make its best efforts to replace as soon as possible the defective product or part of the product. If for some reasons the product or a part of it to be replaced was no longer available, C4G shall have the right to replace with a similar product, or part, or to offer a refund for the portion of the value of the missing product.
3. The period of 14 days from delivery passed, the Customer could contact C4G to notify the defective product. C4G will make its best efforts to find a replacing product or parts. The cost of this replacement will be estimated at a fair value, and submitted to the Customer for acceptance before shipment.
Art. 16. Exemption from liability for contents posted on the Website by the Customer
1. Each customer may post on the Site or other web pages such as, but not limited to, C4G’s Facebook page, comments and reviews and opinions on the Products. This feature cannot be used for unlawful purposes or in violation of existing legislation, such as, but not limited to, carrying out spamming activities or posting defamatory, libellous, threatening, vilification contents, in violation of another’s privacy and personal dignity, etc.; it is also forbidden to post messages of propaganda, advertising, references to sites and competitors. The publication of these contents is carried out free of charge by the Customer. The Customer acknowledges that any content placed on the Site or other web pages may be deleted at any time by C4G, for example, due to the termination of the sale of the reviewed product or to the closure of the spaces relative to comments, reviews and opinions.
2. C4G has no obligation to monitor the activities carried out by each customer on the Site. C4G, however, reserves the right to remove any content generated by the Customer if it is made aware of or takes knowledge, in any other way, of a pursuit of an unlawful purpose and/or the violation of one or more of the prohibitions listed above, and/or express request has been made to do so by an administrative body and/or a third party that is believed infringed by the aforementioned contents. In such cases, C4G will notify the customer of these measures in any way and shall have the right to suspend or terminate his account even without notice, without prejudice to any other right of recourse against the person responsible for the violations.
Art. 17. Amendments
1. C4G may change at any time and without notice, the contents of these Terms and Conditions.
2. Any amendments made will take effect from the date of publication on the Site.
Art. 18. Slight negligence and limitation of liability
1. C4G is not liable for damages to third parties that may be caused as a result of its negligence.
2. In no case, any sums due to C4G to any reason whatsoever will exceed those paid by the Customer in the execution of the order Contract.
Art. 19. Intellectual property rights
1. All trademarks, and any intellectual work, distinctive mark or name, image, photograph, written text or graphics, and more generally any other intangible asset protected by laws and international conventions on intellectual property and industrial property reproduced on the Site remain the exclusive property of C4G and/or its licensors, without that, from access to the Site and/or the drawing up of purchasing contracts, the Customer derives any right over them.
Art. 20. Processing of Personal Data
C4G is committed to compliance with current legislation regarding the protection of personal data. The information on the processing of personal data is made available on the Sited under Privacy and viewable at any time before the conclusion of the Contract.
Art. 21. Other provisions
All purchases of products and services provided through the Site by the customer who accesses to it are governed by these Terms and the other provisions and operating instructions contained in the Site. In the event of any inconsistency between the aforesaid provisions and operating instructions and what is contained in the General Terms, the latter shall prevail.
Art. 22. Complaints
The Customer may submit any complaints contacting C4G by mail at the following address: C4G 26, O’Farrell St#500 – San Francisco CA 94108 – United States, or by e-mail at email@example.com.
Art. 23. Applicable Law and Jurisdiction
This agreement shall be governed, construed, and enforced in accordance with the laws of the State of California, without regard to its conflict of laws rules.