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Terms and conditions

Railtraction Digital Download Refund Policy

No Returns/Refunds on Digital Downloads:

At Railtraction, all sales of digital downloads are final. Due to the instant access and irrevocable nature of digital content, we cannot offer returns or refunds once a product has been bought.

When you finalize your order before the final payment, Railtraction ask the customer to Agree our Terms and conditions, when the customer agree? the customer take distance from any return and refund rights. If a customer is not agree with our policy than it is not possible to finalize and checkout any orders at Railtraction.eu.

Your Acknowledgment:

By purchasing a digital download from Railtraction, you acknowledge and accept that the digital nature of the product negates the possibility of returns or refunds. We encourage customers to carefully review product details and requirements before making a purchase. Also carefully review if you own the product already. if you own and rebuy our product you receive a second license and new downloads.

Customer Support for Technical Issues:

While refunds and returns are not available, we stand by the quality of our products. Should you encounter any technical issues with your download, please contact our customer support team.

 

Definitions

 

  1. Railtraction: Railtraction, established in Almere, Chamber of Commerce no. 56059965.
  2. Customer: the party which Railtraction has entered into an agreement with.
  3. Parties: Railtraction and customer together.
  4. Consumer: a customer who is an individual acting for private purposes.

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Railtraction. 
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

  1. All prices used by Railtraction are in euros, are inclusive of VAT which is in the EU calculated by country where 21% Vat is leading when customer do not have a customer account yet.
  2. Railtraction is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
  3. The parties agree on a total price for a service provided by Railtraction. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
  4. Railtraction is entitled to deviate up to 10% of the target price. 
  5. Railtraction has the right to adjust prices annually. 

Payments and payment term

  1. Railtraction may, at the conclusion of the agreement. 
  2. If  webshop orders not finalized the order cancel automatically.
  3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Railtraction having to send the customer a reminder or to put him in default. 
  4. Railtraction reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of late payment

  1. If the customer does not pay within the agreed term, Railtraction is entitled to charge an interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
  2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Railtraction. 
  3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. 
  4. If the customer does not pay on time, Railtraction may suspend its obligations until the customer has met his payment obligation. 
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Railtraction on the customer are immediately due and payable. 
  6. If the customer refuses to cooperate with the performance of the agreement by Railtraction, he is still obliged to pay the agreed price to Railtraction. 

 

Performance of the agreement

  1. Railtraction executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 
  2. Railtraction has the right to have the agreed services (partially) performed by third parties.
  3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer. 
  4. It is the responsibility of the customer that Railtraction can start the implementation of the agreement on time.
  5. If the customer has not ensured that Railtraction can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.

Duty to inform by the customer 

  1. The customer shall make available to Railtraction all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
  2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement. 
  3. If and insofar as the customer requests this, Railtraction will return the relevant documents. 
  4. If the customer does not timely and properly provides the information, data or documents reasonably required by Railtraction and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Intellectual property 

  1. Railtraction retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing. 
  2. The customer may not copy or have copied the intellectual property rights without prior written permission from Railtraction, nor show them to third parties and / or make them available or use them in any other way.

Penalties 

  1. If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Railtraction an immediately due and payable fine of € 1.000 if the customer is a consumer and € 5.000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues. 
  2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article. 
  3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Railtraction including its right to claim compensation in addition to the fine.

No Returns/Refunds on Digital Downloads:

At Railtraction, all sales of digital downloads are final. Due to the instant access and irrevocable nature of digital content, we cannot offer returns or refunds once a product has been bought.

When you finalize your order before the final payment, Railtraction ask the customer to Agree our Terms and conditions, when the customer agree? the customer take distance from any return and refund rights. If a customer is not agree with our policy than it is not possible to finalize and checkout any orders at Railtraction.eu.

Your Acknowledgment:

By purchasing a digital download from Railtraction, you acknowledge and accept that the digital nature of the product negates the possibility of returns or refunds. We encourage customers to carefully review product details and requirements before making a purchase. Also carefully review if you own the product already. if you own and rebuy our product you receive a second license and new downloads.

Customer Support for Technical Issues:

While refunds and returns are not available, we stand by the quality of our products. Should you encounter any technical issues with your download, please contact our customer support team.

 

Giving notice

  1. The customer must provide any notice of default to Railtraction in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches Railtraction (in time). 

Joint and several Client liabilities

 

If Railtraction enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Railtraction under that agreement. 

 

Liability of Railtraction

  1. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

 

Dissolution

  1. The customer has the right to dissolve the agreement if Railtraction imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 
  2. If the fulfillment of the obligations by Railtraction is not permanent or temporarily impossible, dissolution can only take place after Railtraction is in default. 
  3. Railtraction has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Railtraction good grounds to fear that the customer will not be able to fulfill his obligations properly. 

Force majeure

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Railtraction in the fulfillment of any obligation to the customer cannot be attributed to Railtraction in any situation independent of the will of Railtraction, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Railtraction . 
  2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 
  3. If a situation of force majeure arises as a result of which Railtraction cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Railtraction can comply with it. 
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
  5. Railtraction does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

 

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly. 

 

Changes in the general terms and conditions

  1. Railtraction is entitled to amend or supplement these general terms and conditions. 
  2. Changes of minor importance can be made at any time. 

Transfer of rights

  1. The customer cannot transfer its rights deferring from an agreement with Railtraction to third parties without the prior written consent of Railtraction. 
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 

Consequences of nullity or annullability

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Railtraction had in mind when drafting the conditions on that issue.

Applicable law and competent court

  1. Dutch law is exclusively applicable to all agreements between the parties. 
  2. The Dutch court in the district where Railtraction is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.