Terms and Conditions of Sale
Overview
This website is operated by Modelkars. Throughout this site, the terms “we”, “us” and “our” refer to Modelkars. Modelkars offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Sale”, “Terms and Conditions of Sale”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Sale apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions of Sale carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Sale. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services offered therein. If these Terms and Conditions of Sale are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale.
Any new features or tools which are added to the current store shall also be subject to these Terms and Conditions of Sale. You can review the most current version of the Terms and Conditions of Sale at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
In the event of any conflict or inconsistency between the French and English versions of these Terms and Conditions of Sale, the French version shall prevail.
Article 1 - Terms of use of our online store
By agreeing to these Terms and Conditions of Sale, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Article 2 - General conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Article 3 - Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. If you choose to rely on the material presented on this site, you do so at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Article 4 - Modifications to the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Article 5 - Products or services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Article 6 - Pre-orders
Modelkars offers the possibility to pre-order models whose production or availability is forthcoming. By placing a pre-order, the customer reserves the model with the manufacturer; this reservation commits Modelkars to ordering the model on the customer’s behalf.
A pre-order does not constitute a guarantee of availability date. Manufacturing and delivery timelines are determined solely by the manufacturer and are beyond Modelkars’ control. No firm delivery date can therefore be provided at the time of pre-order.
In the case of a mixed order containing one or more in-stock items alongside one or more pre-ordered items, the entire order will be shipped in a single shipment once all items are available. No partial shipments will be made unless expressly agreed upon in advance by Modelkars.
Article 7 - Partial payment and deposits
7.1 – How it works
The partial payment option (“Pay later”) is a free option that allows the customer to confirm a pre-order by paying only a deposit at the time of ordering, with the remaining balance paid at a later date. The customer may also choose to pay the full amount upfront at the time of pre-order.
The deposit applies exclusively to the pre-ordered model. Any accessories included in the order (such as display cases) are not included in the deposit calculation. The deposit amounts to approximately 10% of the model’s price, plus any applicable shipping costs.
For certain high-value models — particularly 1/8 scale models — a deposit may be required to confirm the pre-order. In all cases, full payment at the time of pre-order remains possible.
The remaining balance is due a few days before the model arrives in stock, upon receipt of a secure payment link sent by email. The balance is never charged automatically.
This option is not available for in-stock items or items whose arrival in stock is imminent.
7.2 – Price changes
The price of a model is fixed at the time of pre-order. Should the manufacturer increase the price, Modelkars will absorb the difference. If the price difference is deemed too significant, Modelkars will notify the customer and offer either an adjusted balance accompanied by a gift voucher of equivalent value, or cancellation of the pre-order with a full refund of the deposit and shipping costs.
7.3 – Cancellation by the customer — deposit payment
The customer has a 15-day withdrawal period from the date the pre-order is confirmed. Within this period, the deposit and shipping costs are fully refunded.
After this period, the deposit is non-refundable in the event of cancellation initiated by the customer. Shipping costs and the amount paid for any accessories (such as display cases) remain refundable without time limit.
7.4 – Cancellation by the customer — full payment upfront
When the customer has paid the full amount at the time of pre-order, they are entitled to a full refund upon cancellation, regardless of the date or reason, including after the withdrawal period referred to in Article 7.3.
7.5 – Cancellation by Modelkars
In the event of cancellation initiated by Modelkars — including but not limited to manufacturer cancellation, stock reduction, model damage, or any other circumstances beyond the customer’s control — Modelkars will issue a full refund of all amounts paid by the customer for that order.
Article 8 - Right of withdrawal
For any purchase of an in-stock item, the customer has a 15-day withdrawal period from the date of receipt of the parcel. The terms and conditions of return and refund are detailed in the Return Policy available on the site.
For pre-orders, the specific withdrawal conditions are described in Article 7.
Article 9 - Shipping, customs and taxes
9.1 – Shipping
Orders are shipped to the address provided by the customer at the time of checkout. Modelkars cannot be held responsible for delivery delays attributable to the carrier or to external circumstances (strikes, weather conditions, customs delays, etc.).
9.2 – Pricing for customers outside the European Union
For customers residing outside the European Union, prices are displayed exclusive of tax: no VAT is applied to their order. Please note that a portion of the shipping costs is included in the displayed product price.
9.3 – Customs duties and import taxes
For deliveries outside the European Union, customs duties, import taxes or other local charges may be levied by the authorities of the destination country. These charges are entirely the customer’s responsibility and are not included in the displayed price or in the shipping costs charged by Modelkars. Modelkars cannot be held responsible for such charges or for any delays related to customs procedures.
Article 10 - After-sales service and manufacturing defects
Products sold by Modelkars benefit from the legal guarantee of conformity and the guarantee against hidden defects, in accordance with applicable consumer protection legislation.
In the event of a manufacturing defect noticed upon receipt, the customer is invited to contact Modelkars as soon as possible at contact@modelkars.com, attaching photographs of the product in question. As each situation is unique, Modelkars will assess the request and propose an appropriate solution where possible: replacement, spare part, partial or full refund. Available solutions depend in particular on product availability and manufacturer cooperation, especially for limited edition or discontinued models.
Minor imperfections inherent to handcrafted or small-batch production, characteristic of high-end collectible models, do not constitute defects under this guarantee.
Article 11 - Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Article 12 - Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
If you use the optional tools offered on the site, you do so entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions of Sale.
Article 13 - Third-party links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those third-party sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Article 14 - User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violating any party’s intellectual property or these Terms and Conditions of Sale.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Article 15 - Personal information
Your submission of personal information through the store is governed by our Privacy Policy. Please click here to view our Privacy Policy.
Article 16 - Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Article 17 - Prohibited uses
In addition to other prohibitions set forth in these Terms and Conditions of Sale, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
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You agree to indemnify, defend and hold harmless Modelkars and its service providers from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms and Conditions of Sale or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Article 20 - Severability
In the event that any provision of these Terms and Conditions of Sale is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.
Article 21 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions of Sale are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Sale at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Sale, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
Article 22 - Entire agreement
Our failure to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Sale).
Any ambiguities in the interpretation of these Terms and Conditions of Sale shall not be construed against the drafting party.
Article 23 - Governing law
These Terms and Conditions of Sale and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws in force in France.
Article 24 - Mediation and dispute resolution
In the event of an unresolved dispute, the customer may seek free recourse to a consumer mediator. In accordance with European regulations, the European Commission provides an online dispute resolution (ODR) platform, accessible at: https://ec.europa.eu/consumers/odr
Article 25 - Changes to terms and conditions of sale
You can review the most current version of the Terms and Conditions of Sale at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Sale by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms and Conditions of Sale constitutes acceptance of those changes.
Article 26 - Contact information
Questions about the Terms and Conditions of Sale should be sent to us at contact@modelkars.com.

