ScaleCustom makes available in the scalecustom.com store, an online marketplace dedicated exclusively to the world of modeling, scale models and radio control (called "ScaleCustom Marketplace"), which allows customers, over 18 years (that comply with the provisions of applicable law), after registering and creating an online account, to purchase products from external sellers, at prices and conditions set by the sellers themselves. This purchase is made with the intermediation of ScaleCustom, which makes available the online store and receives payments on behalf of the seller.
Products" means any physical or digital goods marketed by ScaleCustom Marketplace sellers.
Sellers" means individuals or groups previously authorized by ScaleCustom, who offer their physical or digital products for sale in ScaleCustom Marketplace.
2. Functioning of ScaleCustom Marketplace
ScaleCustom Marketplace, allows its customers to consult and buy products marketed by sellers in scalecustom.com, as well as to evaluate the sellers or make inquiries about the products.
In his user account, the customer can also consult the history of purchases made from different sellers.
ScaleCustom does not assume the position of agent/distributor/representative of the sellers, nor of reseller of the products offered by the sellers who publish their products in the ScaleCustom Marketplace.
The products advertised and sold on ScaleCustom Marketplace, are the sole responsibility of the sellers, in particular with regard to their ownership, quality, safety, origin, warranty and compliance with applicable law.
The customer will be able to make purchases on Scalecustom Marketplace, subsequent to the creation of a user account on scalecustom.com.
The products marketed by sellers in ScaleCustom Marketplace, can be of 2 types:
Physical: new or used, reconditioned, as expressly indicated in each product.
Digital: Downloadable files from the same customer account or an external link provided by the seller, once the payment is completed.
ScaleCustom reserves the right to remove without notice any product offered by sellers who do not comply with the conditions described.
ScaleCustom assumes no responsibility for the information contained regarding the products offered by other sellers.
5. Product Pricing
Published Price: The price of the Products that a Customer must pay will be the Published Price at the time the Order placed by the Customer is transmitted to the Seller.
6. Fees and Commissions
At scalecustom.com we want to keep it simple. No per listing fees, no monthly fees and no surprises. Sellers can advertise as many products as they want at no cost. Only a small commission of 8% per sale will be charged for administration and collection management fees.
7. Conditions of sale for sellers
The price and conditions of sale of ScaleCustom Marketplace products, as well as the definition of shipping methods, respective costs and geographical areas of delivery, are the sole responsibility of the respective sellers and the customer will be informed prior to the realization and confirmation of the order.
ScaleCustom is not responsible in case of computer error, manual, technical or any other origin, which causes an unforeseen substantial alteration in the retail price that is published on scalecustom.com.
In cases where this is exorbitant or manifestly derisory, the purchase price will be considered invalid and canceled, being communicated to the customer as soon as possible and both the seller and the administrator may cancel the order. The products offered by the sellers must correspond to the categories offered by ScaleCustom.
The seller is obliged to provide a tracking number to the customer once the shipment has been made.
8. Withdrawal of funds
Withdrawal of funds from sales made may be requested once the order has been delivered. ScaleCustom reserves the right to temporarily withhold all or part of the amount paid by the customer until delivery of the purchased product. Funds from sales of digital products may be requested once the order has been completed.
- Bank transfer
The Published Prices are inclusive of all taxes, unless otherwise stated. The Customer shall be the importer of record for customs or tax purposes, unless otherwise agreed between the Customer and the Seller. For clarification purposes the Customer is reminded that there may be additional taxes and costs which cannot be reasonably calculated in advance, but which the Customer must pay (e.g. import duties, taxes and handling fees for products imported from third countries into the EU). Seller reserves the right to change the Published Prices at any time without justification or prior notice.
The purchase process in ScaleCustom Marketplace, takes place autonomously by the customer on scalecustom.com.
In case of rejection of the order by the seller, the amount paid will be refunded to the customer.
The dispatch and delivery of orders is the responsibility of the respective sellers.
11. Conclusion of the Contract of Sale and Purchase between Customer and Seller
The sales contract between customer and seller will be concluded subject to the availability of stock.
ScaleCustom assumes no liability whatsoever arising from the transactions carried out between the customer and the sellers, on the products sold or the respective warranty and after-sales assistance.
Within the scope of the VAT directive*, ScaleCustom will, in some situations, issue an invoice relating to products sold by ScaleCustom Marketplace Sellers, exclusively for tax purposes. The issuance of the invoice has no legal effect on the purchase contract and, in that sense, ScaleCustom remains outside the relationship established between the Customer and the Seller, being the responsibility of the after-sales service of that purchase the responsibility of the ScaleCustom Marketplace Seller. For questions related to the purchase and sale contact directly with the Seller on the scalecustom.com website, through your customer account.
*Council Directive 2006/112/EC of 28.11.2006 on the common system of value added tax (DIVA), as amended by Council Directive (EU) 2017/2455 of 05.12.2017 and Council Directive (EU) 2019/1995 of 21.11.2019.
13. Dispatch and delivery
The dispatch and delivery of orders from ScaleCustom Marketplace, will be the sole responsibility of the respective sellers.
Once the order has been placed, the order data may not be modified, in particular with regard to the shipping method, delivery address and receiving contacts.
ScaleCustom does not intervene in the delivery process and assumes no responsibility for the status or delivery time of these orders.
14. Confirmation of Receipt
It is the customer's responsibility to confirm receipt of the products and the conformity of the same.
The products will be assumed as received within 21 (twenty-one) days from the date of shipment, unless otherwise indicated by the customer. This clause does not prejudice or condition the consumer's rights under the Law.
15. Non-conformity at the time of Reception
In the case of orders that are not delivered to the customer, arrive damaged or not in conformity with the information provided by the sellers at the time of purchase, the customer has the right to complain to the respective sellers.
ScaleCustom will mediate in situations of non-conformity up to a period of 45 (forty-five) days, counting from the time of purchase. After this period, ScaleCustom will not intervene, and such situation must be managed by the customer directly and independently with the sellers. The intervention of ScaleCustom indicated in this paragraph, is limited to providing support in communication between customer and seller, not being ScaleCustom responsible for the resolution of any conflict.
Products purchased from third party vendors cannot be returned to ScaleCustom.
Returns of digital products are not accepted.
The return of products is the responsibility of the customer and in accordance with the seller. ScaleCustom does not intervene in the return process. The customer must manage, directly with the sellers, the return of the products.
The conditions of return of ScaleCustom Marketplace products should be consulted on the page of the respective sellers.
Disputes will be resolved directly between the customer and the sellers.
16. Right of return
In terms of current legislation, the customer has a period of 15 (fifteen) days, counting from the date of receipt of the products, to exercise their right to freely terminate the contract with the sellers.
It is the customer's responsibility to bear the cost of returning the goods, except when the sellers expressly agree to bear that cost. In the event that the sellers do not offer to collect the goods, the customer must return the products to the sellers within 15 (fifteen) days, counting from the date on which he has communicated his decision of free resolution.
The refund of the amount paid for the returned products will be made by ScaleCustom to the customer within 14 (fourteen) days from the date on which the sellers confirm the receipt and conformity of the products returned by the customer or the customer sends ScaleCustom and the sellers the receipt(s) of return of the same.
17. Data processing on ScaleCustom Marketplace
When the Customer makes purchases on ScaleCustom Marketplace the Seller shall be solely responsible for the processing of personal data on each page of the Seller.
The Customer's personal data will only be processed by the Seller within ScaleCustom Marketplace for the execution and management of the purchase agreement, including its payment, between the Customer and the Sellers. ScaleCustom also processes the Customer's personal data within ScaleCustom Marketplace for the management of payments, purchase history and/or the Seller's invoice, if digitally generated by the Seller for the Customer, as well as for its evaluation.
Customer's personal data is only transmitted to the Seller, and some sellers may be located in or have a third country shipping to the European Union. The transfer of personal data to third countries, where applicable, is necessary for the performance of the contract between the data subject and Seller or to perform the pre-contractual steps necessary to accede to the data subject's request. The country of origin and the country of shipment can be found on the Seller's website.
The Seller has accepted the terms and conditions, in accordance with which the Seller has ensured compliance with the applicable regulations regarding the protection of personal data. In no case ScaleCustom will transmit data other than those related to the purchase process.
The exercise of the rights of protection of personal data related to the purchase and sale in ScaleCustom Marketplace, must be exercised with the Seller, without prejudice to the fact that the Customer may autonomously exercise the rights with ScaleCustom with respect to the administration of its online account.
18. Customer Rights
The Customer has the following rights in the field of personal data protection: right of access, right of rectification, right of erasure, right of limitation of processing, right of portability, right of opposition and the right not to be subject to automated decisions. These rights may be exercised in accordance with applicable laws and regulations.
For the processing for which you have given your consent, you can revoke the processing at any time by contacting ScaleCustom via email at firstname.lastname@example.org.
As the holder of personal data, the Customer may exercise the rights of access, rectification and limitation of consent by contacting ScaleCustom via email email@example.com .