1° Field of application
Modelling Shop sells to the general public model aircraft and associated accessories.
The General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply to all legal acts concluded on the online store www.modellingshop.ch (hereinafter referred to as "the site"). The online store is operated by the company Omninova Sàrl (hereinafter "Modelling Shop").
Modelling Shop reserves the right to modify these GTC at any time and without prior notice. The modified T&Cs will take effect as of their posting on the site. The version of the T&Cs in force at the time of the order is decisive and cannot be changed unilaterally for this order. Any terms and conditions of the customer that contradict or deviate from these terms and conditions are not recognized by The Modelling Shop.
Deliveries are made worldwide.
The offer is valid as long as the product is presented in the online store using the search function and as long as stocks last.
The Modelling Shop reserves the right to refuse orders exceeding the usual household quantities.
2-1 Products and Prices
The images of products shown in the online store are for illustration purposes and are not contractual.
The prices displayed on the site are expressed in Swiss francs [CHF] or in euros [€], including all applicable taxes in Switzerland, but excluding postage and packaging. These are calculated according to the place of delivery of the order (Switzerland, Europe and outside Europe) and according to the chosen method of shipment. They are charged to the customer in addition to the amount of the ordered items.
Modelling Shop reserves the right to modify at any time the prices of the products offered. The price indicated in the online store at the time of the order is decisive for the conclusion of the contract.
2-2 Availability and delivery times
The Modelling Shop attaches great importance to displaying the availability of products, shipping and delivery times as accurately and up-to-date as possible in the online store. However, these are only provided for information purposes and can be changed at any time.
3° Conclusion of the contract
Any customer can read the General Terms and Conditions of Sale on the website. Consequently, any order implies the full and complete adhesion of the customer without exception or reserve to the conditions stated in the present contract. These are also communicated during the validation process of each order, the registration of the order being subject to its acceptance. Any customer who has made a purchase on Modelling Shop therefore declares to be fully aware of them and cannot deny this fact in the event of a dispute.
After acceptance of the Terms and Conditions of Sale and their validation by the customer, Modelling Shop sends an e-mail confirmation of the order to the e-mail address that the customer has provided to Modelling Shop when creating his profile or during the ordering process. This e-mail, with order number, constitutes acceptance by Modelling Shop of the order and thus forms the sales contract between Modelling Shop and the customer, governed by the General Terms and Conditions of Sale defined by this contract. The Modelling Shop will then proceed to process the order in accordance with the clauses set out in this contract.
4°. TERMS OF DELIVERY, POSTAGE AND PACKING
4-1 Modes of delivery of orders
On the site, the customer can choose between three modes of delivery:
Please note that Modelling Shop cannot guarantee delivery times as they are the responsibility of its Swiss partner La Poste. The customer can consult the average delivery times [working days and excluding holidays of the countries concerned] associated with each of these modes of delivery on the Swiss website: La Poste.
The products ordered are delivered to the delivery address given during the ordering process. The customer must ensure that the address he provides is accurate and complete. The error of address is attributable to him and Modelling Shop declines any responsibility in the delivery.
Depending on the shipping method chosen by the customer, the latter will be able to track the delivery of the package via the website of the post office.
4-2.1 - Postage and packing
Depending on the place of shipment of the order, the mode and options of delivery that the customer has chosen during the validation process of his order basket, the customer must pay the separate costs of postage and packaging, in addition to the amount of the items in his order.
> Delivery in Switzerland
All orders placed on the site in Economy-Shipping mode exempt the customer from shipping costs from a total amount of 150 CHF. If the customer opts for the special services, parcel against signature or express, the costs of these services are however charged to the customer.
- The customer must take note of the details of the postage and packing costs for the shipments in Economy-Expedition and Priority-Expedition. Once the order has been validated, no claim concerning these costs can be accepted.
> Delivery in Europe and the rest of the world
Shipping and handling charges for deliveries in Europe and the rest of the world depend on the country of delivery of the goods. These costs are stipulated during the ordering process. Once the order is validated, no claim concerning them can be accepted.
- The customer can also take note of the average delivery times of our Swiss partner La Poste. However, they are only given as an indication. Therefore, the responsibility of Modelling Shop can not be held liable in the event that the time actually observed would exceed these indications.
4-2.2 - Customs duties
Any customs duties and taxes specific to each country, except for delivery in Switzerland, are the responsibility of the customer and are at his expense, in addition to the amount of his order and the shipping and packaging costs. According to the law in force in the country of destination of the order, they may be duly claimed from the recipient of the package and this even if the latter is not the customer. It is therefore the responsibility of the customer to contact the competent authorities of his country or the country of the recipient of his order, especially in the case of a gift shipment.
4-2.3 – Receipt of the package and the customer's duty of control
Whatever the method of delivery of the package, the customer is required to check the condition of the packaging and the goods in the package.
If the package is delivered by hand and is damaged, the customer is invited to make a written statement of his reservations directly to the carrier.
However, if the package is not delivered by hand, the customer is invited to address his reserves to the carrier by registered mail, at the latest within three (3) working days following the reception of the package.
In parallel to this step, the customer must inform Modelling Shop of the problem by mail with photos.
4-2.4 - Package not received
Modelling Shop declines all responsibilities in case of non-delivery of a parcel (loss, theft or other) from the moment it has been handed over to the postal services.
- In the case of a shipment with tracking, the customer is free to contact the Modelling Shop so that a solution can be found if possible.
- In the case of a shipment without tracking, Modelling Shop declines all responsibilities in case of non-receipt of the order.
5-1 Method of payment
Any order placed on the site Modelling Shop requires the customer to pay the full price. The prices of the products displayed on Modelling Shop are final and include Swiss VAT.
The Modelling Shop sends payment requests for products purchased from its online store directly to the customer.
Payments must be made in Swiss francs for orders delivered in Switzerland. For deliveries abroad, orders can be paid in Euros or Swiss Francs.
The customer can use the payment methods offered in the online store under "Payment methods", where the applicable fees are indicated and detailed.
In the case of payment by credit card or other instant payment methods, the payment is debited at the time the customer places the order.
Online payments are secured via the payment system of our partner Postfinance.
In case of payment by bank transfer, the products in stock in our warehouse are reserved until the expiration of the payment period, which is 10 calendar days. This also applies to products that are not in stock and are ordered from our suppliers. Products that must first be delivered by an external distributor are only ordered when payment has been made.
The payment of the order (by whatever means) triggers the preparation of the order by Modelling Shop.
The customer is not entitled to delivery of the goods until the order has been paid for in full.
The transfer of ownership as well as the risks related to the transport are done as soon as the customer pays the order in full.
6° Return and exchange
According to Swiss law, there is no right of withdrawal, exchange or return. However, the customer has, under certain conditions explicitly stated in this contract, the possibility to return or exchange the article he ordered on the Modelling Shop website.
6-1 Delivery error
In the case of a delivery error on the part of Modelling Shop (item not conforming to the order), the customer has a period of 7 days [calendar] from the date of delivery to inform us by e-mail to the address email@example.com of the delivery error. The customer must then provide the information concerning him (Name, First name, Customer number), the information relating to the order (order number, date, method of payment) and the information of the article(s) concerned by his request (name of the article, reference, etc.) and appearing on his invoice and on the delivery note which accompanied the order at the time of its delivery.
In the case of a delivery error and subject to compliance with all of these conditions, Modelling Shop undertakes to ship as soon as possible and at its expense, the replaced item and conform to the order. In the case, where the customer would have incurred shipping costs, Modelling Shop will offer to reimburse them either by bank transfer or by voucher valid on the site.
6-2 Request for exchange or return
In the case of a request for exchange or return of one or more items, the customer has a period of 7 days (calendar) from the date of delivery to make by e-mail his request for exchange or return to firstname.lastname@example.org. The customer must provide the information concerning him (Name, First name, N° of Customer), the information of orders (N°, date, methods of payment) and the information of the articles concerned by his request (name of the article, reference, etc) and appearing on his invoice and on the delivery note which accompanied the order at the time of its delivery. This exchange request is only valid if the article(s) are in stock.
Subject to acceptance by our order service and depending on the nature of the request, the customer then has 7 days (calendar), the postmark being proof, from the date of acceptance of the request by our order service, to return at its expense the item (s) concerned in the original packaging, not unsealed, not used or damaged. All of these elements must be sent to the following address :
Omninova SàrlCustomer Servicec/o Anouchka Mariller 1808 Les Monts-de-CorsierChemin des Romains 2,1808 Les Monts-de-Corsier - Switzerland
In order for Modelling Shop to process the request as soon as possible, the customer must enclose a copy of the invoice sent by parcel, otherwise Modelling Shop will unfortunately not be able to satisfy it.
In the case of a request for exchange or return and subject to compliance with all of these conditions, Modelling Shop undertakes to issue the customer a gift voucher for the net amount of the item in the order which will allow him to purchase the item of his choice in the online store.
The gift vouchers do not give rise to any return or exchange for cash.
Please note that in the case of a specific order for the customer, for example an item with the status "on order", "pre-order item" or other orders by phone, email or mail, no return or exchange will be accepted.
7° Other provisions
7.1 Unidentifiable Returns
Returns for which Modelling Shop has no information on the sender and which cannot be returned, are kept for two months by Modelling Shop before being eliminated.
7.2 Partial invalidity
Should individual provisions of these GTC be invalid or unenforceable, the validity of the remaining provisions of the contract shall not be affected.
7.3 Place of jurisdiction and applicable law
All legal relationships between the Modelling Shop and the Customer are subject to Swiss substantive law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Only the following places of jurisdiction shall apply:
- for all disputes arising from sales contracts with Modelling Shop as contracting party
- For legal actions brought by customers, the place of jurisdiction is Vevey or the customer's domicile, only for customers domiciled in Switzerland. Outside Switzerland, the exclusive place of jurisdiction is Vevey (Switzerland).
8-1 Intellectual property
The copyrights and trademarks of the Modelling Shop website are protected by Swiss and international laws on intellectual property.
Modelling Shop owns all intellectual property rights on its presentations. The logos are the property of Modelling Shop, except those belonging to the suppliers of the site.
Any reproduction or exploitation, whatever it is, without the express, written and prior authorization of Modelling Shop is prohibited.
Any total or partial reproduction of this content in an illegal manner and not authorized by Modelling Shop is strictly forbidden, Modelling Shop reserves the right to take action with the competent authorities, if necessary.
8-2 Protection of personal customer and contact data
Personal customer and contact data is essential for the complete order process, including the security of payments and fraud attempts.
Modelling Shop preserves individual liberties and undertakes to use the personal data of its customers and contacts only for its offers and services. Modelling Shop does not sell or profit from this personal data.
Modelling Shop does not use any subcontractors during the entire order management process.
Customer and contact data concerned: Name, first names, billing and delivery addresses, e-mail, telephone numbers, computer data, customer account numbers, order numbers and quotes.
The Modelling Shop does not generate cookies and does not make phone recordings.
Modelling Shop will never ask you for :
- your credit card information by e-mail
- the password of your Modelling Shop account
8-3 Data retention
The "relevant customer and contact information" is kept for a period of three years from the last contact with Modelling Shop. This customer and contact data can be accessed from their account to access their information.
The "relevant customer and contact data" can be deleted upon request. However, in order to comply with the legislation, Modelling Shop must keep accounting documents and supporting documents for a period of 10 years. (10 years in France)
Last update: January 2023
(Attention : in case of any discrepancy between the French version of the general terms and conditions and another language version, the original French text will prevail).