1. The sale-purchase contract is considered validly concluded and is of immediate execution for the seller by accepting the contractual terms by the buyer.
2. The defects existing at the delivery must be indicated at the delivery, respectively at their occurrence. In either of the two cases, the buyer has the possibility to request the remedy or change of the asset, if this is not impossible or does not attract disproportionate efforts from the seller. The provisions regarding the protection of the consumer are applicable.
The reservation regarding the transfer of the ownership right also applies if the goods are handed over to third parties, which is not possible before the payment of the full price only with the seller's consent. In case of clearance of the delivered goods subject to the transfer of ownership, the buyer is obliged to take all the necessary measures for the forced execution of these goods. In addition, the buyer is obliged to inform the seller about the pledge of the goods. The expenses occasioned by the separation procedure of the delivered goods are borne by the buyer.
5. The seller is entitled to request the termination of the contract, without delay, respectively without the intervention of the court in case of insolvency of the buyer and in compliance with the reservation regarding the property right. Subsequently, the seller has the right to request the restitution of the goods. In bankruptcy proceedings, additional claims related to a remuneration for use or other claims may be invoked.
6. Given the reservation of the property right, the seller is entitled to request the termination of the contract without the need for the intervention of the courts in case of non-execution of the payment obligation by the comparator and after its delay. This rule also applies in case of partial non-execution of the payment obligation. The notification contains an express summons for the purpose of resolving the contract. In this case, the buyer will immediately return the object of the contract and the seller has the right to claim damages -interests (remuneration for use, wear, damage, transport expenses, etc.), as well as all other expenses related to the reinstatement in the previous situation (damage as a result of non-execution of the obligation according to the provisions regarding the recovery of the damage). The seller's right to maintain the applicability of the contract and to invoke at a later time the termination of the contract remains untouched.
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Prices and conditions produced
10. There is a possibility, reduced by the way, that certain products to present an erroneous price due to the computer application. As a result, the final price is the one confirmed by phone or e-mail, accepted by the client following the discussion with the representatives of MIY MINI MODELS.
Users expressly agree that the use of this site and the purchase of related products or services is at their own risk, the only derogation being the obligation of MIY MINI MODELS S.R.L. to grant its customers the right to unilaterally terminate the contract according to the legislation in force.
The images of the products presented on the site are by way of example, there being the possibility that the delivered products differ from the images presented in any way (color, accessories, appearance, etc.).
12. The content of MIY MINI MODELS (texts, product descriptions, technical characteristics, images, symbols) is also made up in collaboration with the representatives of the various producers in Romania. For this reason, MIY MINI MODELS S.R.L. does not assume responsibility for the descriptions and specifications of the products displayed on the miyminimodels.com. MIY MINI MODELS and its partners reserve the right to modify the technical specifications of the products without prior notice.
The seller's right to choose to perform the contract is not affected by this provision. Also, the seller's right to claim compensation for damages whose value exceeds the value of the conventionally established penalty is not affected.
18. The buyer explicitly agrees that his data contained in the sale purchase agreement to be stored and processed within the seller's accounting and for the organization of customer records. The data will be used by the seller for the purpose of fulfilling legal obligations, for making payments and for advertising purposes. Unless explicitly requested otherwise, the buyer agrees to the transmission of e-mail messages, communications and notifications regarding the delivery of the inclusive products by SMS to the e-mail address indicated respectively to the indicated mobile phone number.
19. In case of changing the delivery address, the buyer is obliged to communicate to the seller the new delivery address within a time limit that allows the registration of the new address and the redirection of the products. Otherwise, the costs occasioned by finding the new delivery address and / or temporary storage until delivery will be borne by the buyer.
20. If obvious mistakes of printing, calculation or registration are observed immediately after the conclusion of the contract, it can be passed to rectification respectively their adaptation according to reality and by mutual agreement with the buyer.
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Terms and warranties
The warranty covers manufacturing defects and services related to their elimination. - The guarantee applies in accordance with Law 449/2003, Law 193/2000 and GD 1132/2008, for manufacturing defects of the marketed products. - The warranty of the consumables is 3 months, differentiated, depending on the manufacturer's warranty. - Defective parts of the delivered object.
- The malfunction is due to an external action or is due to a maintenance that does not comply with the prescriptions of MIY MINI MODELS or of the manufacturer. - The malfunction was caused by another malfunction, not removed in time. - The purchased object was improperly exploited, manipulated, or was overworked - In the purchased object were mounted parts whose use is not accepted by the manufacturer, or the purchased object was modified elsewhere than the MIY MINI MODELS. - The purchased object was not properly mounted. - The purchased object was previously damaged. - The buyer did not comply with the instructions for operation, handling, maintenance and revision of the purchased object.
22. For all other products sold by the company, the warranty period is the one mentioned in the warranty certificates issued on sale, if any.
23. The warranty conditions are in accordance with Law 449/2003 and O.G. 21/1992. At the request of the guarantee, it is necessary to present the defective product in the original packaging, together with the related accessories, a copy of the tax invoice and the original warranty certificate. If the products arrive unaccompanied by these documents, the products can be returned to the applicant / sender without solving the warranty. The guarantee is the one offered by the producer and it does not affect the rights conferred by law to the consumer.
24. The maximum value of the damages that can be paid by MIY MINI MODELS to any client in case of non-delivery or improper delivery is the value of the amount collected by MIY MINI MODELS from the respective customer.
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Payment and delivery methods
26. The delivery will be made either directly by the MIY MINI MODELS representatives, or through a courier company, within a maximum of 500 working days for personalized models or 60 working days for the 3D printed parts, depending on the product.
The maximum delivery time of the order is considered since the order was confirmed and the payment made. After this term, if the product has not been shipped to the buyer, he may request the return of the value of the product and the shipping cost.
MIY MINI MODELS reserves the right to confirm orders before fulfilling them by contacting customers.
In the case of orders delivered in the province in addition to the tariff charged by MIY MINI MODELS for products or services, the customer will be required to pay a delivery fee paid to the courier company that performs the transport of the products, brought to the customer's attention at the time of confirming the order.
The delivery is made only in the national coverage area of the courier.
Payment can be made in the following ways: - by PayPal; - by bank card; |
Right to return products
27. The Client may unilaterally terminate the contract without invoking a reason within 14 working days according to GEO. 34/2014 regarding the legal regime of distance contracts, only in writing at the email address contact@miyminimodels.com, and may return the product(s) within the same period of 14 days, only if it is in perfect conditions, the related accessories and consumables, they do not show in any way signs of wear or consumption, nothing has been modified or added to the new thing.
The products that are delivered directly to the customers through their own staff as well as the products picked up from the S.C. headquarters. MIY MINI MODELS S.R.L. are not considered distance commerce, but for sale through specialized stores, as they can be checked, viewed and accepted personally, as well as corresponding to the customer's purpose and needs.
The consumer may not unilaterally terminate the following types of contracts, unless the parties have agreed otherwise:
"(c) contracts for the supply of products executed to the satisfaction of the consumer or of distinctly personalized products, as well as those which, by their nature, cannot be returned or which may degrade or deteriorate rapidly"
29. If the product is returned in a state in which it can no longer be sold as new, we reserve the right to request a fee for the return to the initial stage (if possible) or, at the customer's option, we will re-dispatch the product, at his expense.
30. Products purchased remotely can be returned according to GEO. 34/2014. They can be returned, in the same state in which they were received, within 14 working days of receipt without penalties and without invoking any reason.
In this case, the return of the products will be made at the customer's expense, using the same transport service with which the shipment was made. S.C. MIY MINI MODELS S.R.L. will return the value of the order within 14 days from the date of written termination of the contract.
The amount returned as well as the conditions of return do not include transport costs.
The amount returned will be transferred to the client's account, communicated in writing in the notification sent expressing his desire to return the products.
It is not accepted for return products that show physical changes, blows, chippings, scratches, shocks, etc.
Distance contract - any contract concluded between the professional and the consumer within an organized distance sales or service provision system, without the simultaneous physical presence of the professional and the consumer, with the exclusive use of one or more means of distance communication, up to and including at the time the contract is concluded. |