General conditions of sale

Article 1 – Scope of application

1 – 1 Next Model RC is an EURL whose registered office is located at Rue Pré Gaut, 73420 Voglans. SIRET: 52414117300038

1 – 2 Next Model RC reserves the right to adapt or modify these general conditions of sale at any time.
These conditions apply to all orders placed with the company Next Model RC
In the event of modification, the general conditions of sale in force on the day of the order will be applied to each order.

1 – 3 Any order(s), as defined in article 3, expressly implies unreserved acceptance of these general conditions of sale which prevail over all other conditions.

Article 2 – Products and Rights Relating to Products

2 – 1 The images, logos and texts used by Next Model RC are protected. Any unauthorized use of these is therefore prohibited.

Article 3 – Order

3 – 1 When validating a quote or a purchase order, you declare that you accept all of these general terms and conditions of sale fully and without reservation, and accept your order. This validation, as well as all computer data recorded by Next Model RC, are considered as proof of our transactions.

3 – 2 Any order received by the company Next Model RC is deemed firm and final subject to the provisions relating to the withdrawal period.
It will be acknowledged by email.

3 – 3 The order validation date corresponds to:

• The payment notification date for a bank transfer
• The date of receipt of the check in case of payment by check

Article 4 – Price - Payment

4 – 1 Next Model RC reserves the right to modify its prices at any time but therefore undertakes to apply the current prices indicated to you at the time of your order, excluding any obvious pricing errors.
Product prices are expressed in euros, all taxes included, packaging and delivery costs excluded.

4 – 2 The amount of packaging and delivery costs is specified in article 5 of these general conditions of sale.

4 – 3 An invoice will be included with your package.

4 – 4 Payments can be made by check, bank transfer and soon by credit card.
For payment by check, it must be issued by a bank domiciled in mainland France or Monaco and your order will be shipped 10 days after receipt of the check.

4 – 5 The products remain the property of the company Next Model RC until full payment of the price by the company Next Model RC.

4 - 6 As soon as the consumer takes possession of the goods, the risks of loss or damage are transferred to him. Therefore, it is important to:

• do not sign the delivery slip before having checked the contents of the packages and the condition of the goods;
• Do not give in to pressure from delivery people, take the time to examine your goods.

4 - 7 Payment in installments with ALMA:

Alma's credit service is offered for the settlement of purchases and execution of payment, provided that the person purchasing the good or service through Alma ("Buyer") accepts the contract for payment in installments or deferred payment.

Fees may be charged by Alma.

Any refusal to grant payment in installments or deferred payment by Alma may result in the lapse of the contract for the purchase of the goods or services (“GTC”), unless the Buyer agrees to pay the purchase amount in cash.

In the event of termination of the General Terms and Conditions, the contract for payment in installments or deferred payment will be terminated automatically.

In the event of withdrawal from the payment solution in installments or deferred payment used for your payment, the General Terms and Conditions will be terminated automatically, unless you pay the amount of your purchase in cash through Alma. If the product has already been shipped to you, you must return it within the maximum period provided for in these General Terms and Conditions.

The amount is partly paid by a credit granted by Alma SAS, payment institution and financing company approved by the ACPR under n° 17408 - CIB code.

In accordance with Article L.312-50 of the Consumer Code, in the event of payment in installments, including the payment of a deposit, the buyer is provided with a receipt on paper or any other durable medium serving as a receipt and containing a full reproduction of the provisions below (Articles L. 312-52, L. 312-53 and L. 341-10 of the Consumer Code):

Article L312-52: The contract of sale or provision of services is terminated automatically, without compensation:

1° If the lender has not, within seven days of acceptance of the credit agreement by the borrower, informed the seller of the granting of the credit;

2° Or if the borrower has exercised his right of withdrawal within the period provided for in Article L. 312-19.

However, when the borrower, by express request, requests the immediate delivery or supply of the goods or the provision of services, the exercise of the right of withdrawal from the credit contract shall not automatically terminate the contract of sale or provision of services unless it occurs within three days of the borrower's acceptance of the credit contract. The contract shall not be terminated if, before the expiry of the periods mentioned in this article, the purchaser pays in cash.

Article L312-53: In the event of termination of the sales contract or the provision of services provided for in Article L. 312-52, the seller or service provider shall reimburse, upon simple request, any sum that the buyer may have paid in advance of the price.

Article L341-10: In the event of termination of the sales contract or the provision of services provided for in Article L. 312-53, from the eighth day following the request for reimbursement of any sum paid in advance by the buyer, this sum shall automatically bear interest at the legal interest rate increased by half.

Article 5 – Delivery

5 – 1 The paid products will be delivered, by carrier, to the delivery address indicated in the order.
Depending on the size and quantity of the products ordered and paid for, delivery may be made through separate shipments.

5 – 2 In the event that the shipment arrives damaged, the buyer must refuse delivery and request that it be returned to the company Next Model RC due to its condition.

5 – 3 The amount of packaging and delivery costs invoiced to the buyer is specified when the order is placed.

5-4 Shipment of paid orders for in-stock products is made within 2 business days. For Metropolitan France, the average delivery time is within 7 business days. During the holiday season, the average delivery time may be increased to 15 days.

5 – 5 Next Model RC reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid for a previous order or with whom a payment dispute is currently being administered.

Article 6 - Right of withdrawal

6 – 1 If an item does not suit you, simply return it to us by post within 14 days of receiving your package, to the following address: Next Model RC - Rue Pré Gaut - 73420 Voglans.
The period mentioned in the preceding paragraph starts from receipt of the product(s) ordered.
When the 14-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
You are simply asked to return it in its original packaging, at your expense, accompanied by a copy of the delivery slip or invoice, and to mention the reason for the return.

6 – 2 In the event of exercising the right of withdrawal, the company Next Model RC will reimburse all sums paid no later than 14 days following the date on which the right of withdrawal was exercised as well as the products returned to the seller.

6 – 4 Items returned unpacked (products detected, returned without the original manufacturer's closure), incomplete, damaged, damaged or soiled by the Buyer are not accepted.

If the consumer wishes to withdraw, he can do so using this form:

(Please complete and return this form only if you wish to withdraw from the contract)

For the attention of Next Model RC - Rue Pré Gaut - 73420 VOGLANS - nextmodelrc.com

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract signed with Next Model RC relating to the sale of the property below:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date :

(*) Delete as appropriate.

Article 7 - Guarantee:

7 - 1 In addition to the legal guarantee against hidden defects, Next Model RC guarantees the defect or non-conformity of the product in the terms defined below. The customer must send the product to Next Model RC accompanied by a copy of the invoice issued with the order and which serves as a guarantee. Next Model RC will then return, at its expense, to the customer, to the address indicated on the invoice or delivery note, the repaired product or, where applicable, a new product. In addition to these guarantee conditions, Next Model RC does not provide any other guarantee. For the guarantee to be valid, the product must have been used under normal operating conditions.

The following are excluded from any warranty:

Damage due to impact
Lack of maintenance
Misuse
Any modification to the hardware (changing the speed controller connectors and/or batteries, servos, etc.)
Too much use
Broken servo gears
Batteries that have leaked in their casing
Thermal engine launchers or starters (breakage is due to a flooded and blocked engine)
Parts destroyed during transport.
Wear parts known as “consumables” brake, universal joint, universal joint nut, pinion, ring, ball bearings, belt, freewheel.
Water damage or problem resulting from humidity, the parts mentioned water proof are resistant to water splashes, but
not to immersion.
Bodywork painting.
Items that have been dismantled
Items that have been used with items other than those supplied in the original box.

Under no circumstances will we replace complete kits or complete assemblies that have been used under warranty. Only defective components will be replaced under warranty.

7 - 2 If the customer is responsible for the assembly of the goods, then the rights regarding defects only apply if the assembly has been carried out properly and in accordance with the instructions in the assembly instructions.

7 - 3 Normal wear and tear and defects attributed to negligent or improper handling by the customer are also excluded from the warranty.

7 - 4 The components of TRAXXAS LP products are guaranteed for 2 years against any manufacturing and material defects from the date of purchase by the end customer under the guarantee of conformity.

TRAXXAS LP batteries are guaranteed for 3 months. Batteries with a cell tested with a voltage lower than 3.2 volts will not be covered under warranty.

Electric or thermal motors are guaranteed for 12 months under normal conditions of use (rotating parts are guaranteed for 6 months (motor ball bearings, rotor, piston sleeve).

Thermal engine piston liners that are blocked following an engine seizure are not covered by the warranty.

Electronic components that are subject to significant shocks such as controllers or servos are guaranteed for 90 days.

The warranty excludes normal wear and tear of the product or damage caused by improper use or maintenance.

7 - 5 When it comes to the legal guarantee of conformity (art. L217-4 et seq. of the consumer code), the consumer:
- has a period of two years from the delivery of the goods to take action
- may choose between repair or replacement of the goods subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code.
- is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods, except for second-hand goods.

The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and in this case, may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

Article 8 - Disputes

In the event of a dispute or complaint, the customer undertakes to contact Univers Train as a priority to try to obtain an amicable solution.
All complaints should be addressed to:

Article 9 - Limitation of liability and warranty Lithium-polymer (Lipo) accumulators

9 – 1 Limitation of liability

Next Model RC cannot be held responsible for the consequences of using a Li-ion or Li-Polymer battery, which must comply with strict usage instructions to avoid any damage to the product and its environment.
Next Model RC does not receive any guarantee that the consumer will respect the intensities, charge and discharge capacities, cycles, storage requirements, precautions for use, in the use that he will make of the accumulators in model applications.

In modeling use, the discharge may exceed the maximum specified by the manufacturer for the cells constituting the accumulator, particularly in the event of incorrect use/setting of the battery, charger or controller.
Therefore, the use of lithium ion/polymer batteries should be considered experimental for this type of activity.
There are no warranties, stated or intended, by any manufacturer, distributor, seller, or retailer, with respect to capacity, molecular life, storage, or discharge characteristics for the application intended for radio-controlled models, nor in any other uses or aspects.

The use of lithium-polymer accumulators implies that the user accepts this limitation of liability clause, he is therefore fully responsible for the consequences of their use and thus undertakes not to hold manufacturers, sellers, distributors or retailers (including owners and employees) responsible for any accident, injury, death of a person or damage to property.

Next Model RC is therefore released from any liability concerning the use of lithium-polymer batteries, in particular the partial or total destruction of a model or the battery, damage caused to the environment and third parties, premature aging of electronic or electrical components.
This limitation of liability applies whether the battery was sold with a model or separately.

9 – 2 Warranty
The warranty no longer applies once the battery has been placed on a charger, used or discharged, as Next Model RC has no way of verifying compliance with the conditions of use.
Next Model RC is not responsible for any accidents caused to third parties by the products sold or their use.

Article 10 - Opposition to telephone canvassing

By providing your telephone contact information on our website, you have the option to register on the telephone canvassing opt-out list. The list is located at https://www.bloctel.gouv.fr/

By purchasing these products, you automatically agree to the conditions specified and mentioned above.