1. Subject and Scope of the General Terms and Conditions – version: November 2016
1.1. TreinPunt.NL, situated at Picassoweg 77, 1328KL ALMERE, Netherlands, Phone: +31 (0)6 11 70 35 23, (thereafter "TreinPunt.NL", "us" or "we") operates an online shop specialized in railway simulation on the internet portals http://www.treinpunt.nl/shop, shop.treinpunt.nl and http://www.treinpunt.nl (thereafter "platform"). For these purposes you can purchase software-downloads for amongst other things Train Simulator 201X and OMSI Bus Simulator.
1.2. The content of the contract concluded between you and TreinPunt.NL follows these general terms and conditions as well as the information provided during the process of ordering and registration, which will be saved by TreinPunt.NL.
1.3. TreinPunt.NL shall remain the right to change the platform as wells as to change rules and provisions of this platform at any time. Your order shall be subject to the terms and conditions effective at the time of your order, unless law or official orders require a change of these provisions.
2. Conclusion and Subject of the Contract
2.1. The product presentations presented in the online-shop shall not be construed as a binding offer, but shall serve for making a binding offer.
2.2. You can make your offer via the integrated order form on TreinPunt.NL online-shop. For this, you will - after entering your personal data and by clicking the button finalizing the order process "order with an obligation to pay" - make a legally binding contract offer regarding the items contained in your shopping cart.
2.3. TreinPunt.NL may accept your offer within two days
If TreinPunt.NL does not accept your offer within the aforementioned period, this shall be deemed as a rejection of your offer with the consequence that you are not bound by your declaration of intent anymore.
2.5. Order processing and contact shall regularly be via email and automated order processing. You will have to make sure that the email address you provided for order processing is accurate so that you can receive our emails sent to you under this email address. When using SPAM-filters you will have to particularly make sure that all emails sent by TreinPunt.NL or third parties engaged by TreinPunt.NL for order processing can be delivered.
3. Electronic Communication
When using the TreinPunt.NL online-shop or sending emails to TreinPunt.NL, you are contacting us electronically. You thus consent to receive electronic answers from us. We will contact you via e-mail.
The TreinPunt.NL online shop sells products that are appropriate and allowed for children. Using the shop system is however only permissible for adults with a minimum age of 18 years. If you are under 18 years of age you may use the TreinPunt.NL online shop only with consent of your statutory representative.
5. Registration and User Account
5.1. A download order shall require registration with TreinPunt.NL (creating a user account).
5.2. Every user may only create one user account. The user account cannot be transferred to third parties.
5.3. Registration is free of charge.
5.4. You can use your email address and a self-determined password for registration.
5.5. After successful registration you will receive an email confirmation and an open-ended user account.
5.6. The used password shall be kept confidential and shall not be forwarded to third parties. You are solely and to full-extent responsible for keeping it confidential. TreinPunt.NL shall be notified immediately of any unauthorized use of the user account as well as any suspect thereof.
5.7. All information necessary for registration shall be made complete and accurate and shall be kept up-to-date at all times. TreinPunt.NL shall be notified of any changes immediately or changes shall be entered into the user account.
5.8. TreinPunt.NL shall be entitled to save and process your data provided during the registration process pursuant to the data protection regulations.
5.9. You may terminate your user account at any time. For this purpose, please send us an email with your termination request to the following email address: firstname.lastname@example.org
6.1. Our prices shall be the prices stated in the shopping cart on our website at the time of ordering. Deviating prices that are possibly depicted on pages that are loaded from buffer memories shall be void and not current.
6.2. All prices on our website are inclusive statutory value-added tax and other price components.
6.3. Prices of products not yet released shall be based on non-binding supplier or producer information and may be subject to change until the product release date. Pre-announced products may be purchased at the indicated price; TreinPunt.NL can however neither warrant the release date, the price nor the actual time of release. You will be notified of any changes prior to order processing. If you do not agree with the changes, the order will be cancelled. A cancellation shall also occur if the product is not released. In this event, no claims shall exist against TreinPunt.NL for non-performance of contract.
7. Payment Terms
7.1. We use the international SSL security standard to protect your data during the ordering process. The application is automatic, and you will be immediately notified if your browser should not support SSL. You can see whether or not you are using the site in a secure mode at the bottom page of your browser. A small padlock symbol will be displayed, which warrants that your data is secure. By double-clicking the symbol, you can see the name of our company and the validity date of the SSL-certificate.
7.2. The Euro serves as reference currency (€). All costs and amounts shall refer to Euros or the respective value in other currencies. It is possible for us to reference other currencies for your convenience. These are only approximate values that serve as mere information and may not necessarily reflect the actual currency conversion.
7.3. You can use the payment options pre-payment; PayPal (with credit card invoicing, bank transfer, direct debit) immediate transfer or IDeal. We will never see your credit card details or other private details of your bank account, and the information will not be saved in the TreinPunt.NL online-shop. We will comply with the latest security standards.
8. Retention of Title
All goods delivered by TreinPunt.NL shall remain the property of TreinPunt.NL until full payment and settlement of all claims under the order contract has occurred.
9.1. The statutory provisions shall determine the warranty rights.
9.2. Any kind of warranty shall cease if you or a third party performs repairs or makes changes to delivered goods without written consent of TreinPunt.NL.
9.3. TreinPunt.NL shall not be liable that arise from wrongful or negligent treatment or use.
10. Use of TreinPunt.NL Forums
10.1. TreinPunt.NL provides you with the opportunity to register as a member in the TreinPunt.NL Forum.
10.2. As a member you can post your messages to other users or TreinPunt.NL and you will receive access to more than 4000 free downloads.
10.3 When registering an account to the forum you’re agree with the rules as filed in the board “Forum Rules” on the forum.
10.4. TreinPunt.NL points out that you may use content subject to third party rights only if you have been granted the herefore necessary rights.
10.5. TreinPunt.NL shall be entitled to exclude you from using the platform und to suspend or delete your user account.
11. Software End-user License
11.1 CONTRACT SUBJECT
TreinPunt.NL shall provide you with software for download. The following end-user license shall stipulate granting of a software license and any relating documentation by TreinPunt.NL you.
11.2. USE AND REPRODUCTION RIGHTS
You shall have the right to use the software permanently within the necessary scope for the intended use
You shall be entitled to reproduce the software only if the respective reproduction is necessary for using the program. This shall particularly include the program installation from the original data carrier to mass storage of the employed hardware as well as loading the program onto the main memory. You are allowed to copy the software once in order to make a back-up copy. The back-up copy shall be marked as such and replaces the original if the original is lost or unusable. Further reproductions, particularly for commercial use of the software shall not be permitted.
You may use the software on any hardware available to you. You may however save, use or store the software only on one hardware device at a time. Prior to software installation on another hardware device, you shall be obligated to delete the software from the currently used hardware device.
Software usage shall be only permissible for private and non-commercial use. You shall have no right to lease out the software.
If you wish to reengineer, decompile or disassemble the software for achieving internet operability with other computer programs, you shall be obligated to contact Treinpunt.NL prior to decompilation and request the necessary information for achieving such inter-operability. TreinPunt.NL shall not be obligated to provide you with this information.
11.3. TreinPunt.NL shall not obligated to provide data migration or data conversion.
12. Other Companies
We refer to links to websites of other companies on our website. TreinPunt.NL shall not be responsible for actions, products or contents of these pages and shall not be liable for them. You should therefore also familiarize yourself with their data protection notifications and user terms.
13.1. TreinPunt.NL shall not be liable for customer damage claims.
13.2. The customer shall be responsible for a data backup.
13.3. The customer acknowledge that TreinPunt.NL cannot technically warrant one-hundred percent availability of the TreinPunt.NL website. We strive however to make the website constantly available. Particularly maintenance, security or capacity matters as well as unforeseeable events may lead to short-term disruptions or preliminary suspension of services on the TreinPunt.NL website.
15. Final Provisions
15.1. If one provision of these terms and conditions shall be void, the remainder of the contract shall remain unaffected thereof. The void provision shall, if applicable, be replaced by the statutory provisions.
15.2. Any delivery of products and/or services to TreinPunt.NL shall be subject to the General Terms and Conditions of Purchase set forth herein to the extent no other Agreements have been explicitly made. TreinPunt.NL rejects any additional or inconsistent terms and conditions offered by customer at any time unless explicitly otherwise agreed.
15.3. These General Terms and Conditions of Purchase and all Contracts of which these General Terms and Conditions of Purchase are part of are subject to Dutch law.
15.4. In the event of conflicts between the English and Dutch version of this General Terms and Conditions the Dutch version prefers.