Terms and Conditions
1. General
Welcome to the Modelshop website (the “Website”). The Website is operated by Everflow Co., Ltd. (the “Company”, “Modelshop”, “we”, “us” or “our”).
By browsing the Website, creating an account, placing an order, purchasing products or using any services provided through the Website, you acknowledge that you have read, understood and agreed to these Terms and Conditions, together with our Privacy Policy, Shipping, Delivery & Returns Policy and other applicable policies.
If you do not agree with any part of these Terms and Conditions, please discontinue your use of the Website and its services.
Nothing in these Terms and Conditions affects any rights available to consumers under the laws of the Republic of China (Taiwan). Where any provision conflicts with a mandatory requirement of applicable law, that requirement shall prevail and the remaining provisions shall continue in effect.
2. Definitions
Unless otherwise stated:
- “Modelshop”, “the Company”, “we”, “us” or “our” means Modelshop, operated by Everflow Co., Ltd.
- “Website” means the Modelshop website and its associated online services.
- “Products” means in-stock products, pre-order products, accessories, gifts and related services offered for sale through the Website.
- “Customer”, “Member” or “you” means any individual or legal entity browsing the Website, creating an account or purchasing Products from us.
3. Website and Member Accounts
You must ensure that your name, contact details, delivery address, payment information and any other information submitted through the Website are true, complete and accurate. Please update your information promptly if it changes.
If you create a member account, you are responsible for keeping your account name and password secure and preventing unauthorised access. Please contact us immediately if you become aware of unauthorised use, disclosure of your password or any other suspicious activity.
You must not use the Website for any unlawful or fraudulent purpose, impersonate another person, infringe intellectual property rights, interfere with the operation of the Website, distribute malicious software or otherwise misuse the Website.
Where we reasonably believe that an account is involved in unauthorised use, fraudulent or malicious ordering, abuse of promotions, circumvention of purchase limits, interference with Website security or other unlawful activity, we may suspend or restrict the relevant account or services in accordance with applicable law and reserve the right to take appropriate legal action.
4. Product Information
We endeavour to provide accurate and current information regarding product names, brands, models, scales, specifications, prices, images, stock availability and other relevant information.
However, colours, dimensions, liveries, markings, accessories, packaging, instructions and other details may vary slightly due to manufacturing batches, manufacturer changes, product revisions, lighting conditions or screen and device settings.
Product images are for reference purposes. Where a difference between the actual Product and the information displayed on the Website materially affects the principal characteristics of the Product or a reasonable purchasing decision, we will assist the Customer in accordance with applicable law.
Manufacturers may update product packaging, accessories, instructions, specifications or other product information without prior notice. We will endeavour to update the Website within a reasonable period.
5. Order Confirmation and Formation of Contract
Before submitting an order, Customers should confirm the Products, quantities, prices, payment method, delivery method, recipient details and other order information.
After an order is submitted, the Website may automatically send an order receipt or confirmation notice. Such notice only confirms that we have received your order and does not necessarily constitute acceptance of the order, confirmation of payment or a guarantee that the Products will be available.
We will process and dispatch orders after confirming product availability, payment status, order information and transaction security. Whether a contract has been formed will be determined according to the checkout process, subsequent communications, the circumstances of the transaction and applicable law.
If order information is incomplete, payment has not been completed, a Product is unavailable or discontinued, a system error occurs, or we reasonably suspect fraud, resale abuse, circumvention of purchase limits or other unlawful activity, we will contact the Customer and handle the matter in accordance with applicable law.
6. Payment Methods and Payment Period
Available payment methods are those displayed on the Website at checkout.
In-Stock Products: Where bank transfer, ATM transfer or another non-instant payment method is selected, payment must be completed within three days of checkout. If payment is not received within this period and the Customer has not contacted us in advance, we may cancel the unpaid order after reasonable notice.
Pre-Order Products: Unless otherwise stated on the relevant product page, no immediate payment is required when placing a pre-order. We will notify the Customer once the Product has arrived and will arrange dispatch after payment has been confirmed.
Customers must pay the amount shown on the order and are responsible for ensuring that payment details are correct. Where delays arise from incorrect payment information, bank processing times, credit card providers, third-party payment services or other financial institutions, we will provide reasonable assistance but are not responsible for delays caused by third-party services.
7. Product Prices
Unless otherwise stated, retail prices displayed in New Taiwan Dollars (NTD) are inclusive of applicable taxes.
Shipping charges, offshore island delivery surcharges, special packaging charges and other applicable fees will be displayed at checkout or otherwise notified to the Customer.
For international orders, wholesale transactions or other special transactions, product prices, taxes, shipping, insurance, import duties and other charges may be calculated separately according to the destination country, Customer status and nature of the transaction.
Product prices will generally be those displayed and confirmed when the Customer completes the ordering process. We may change prices, promotions and charges for transactions that have not yet been formed without prior notice.
If a system malfunction, data-entry error or other unexpected circumstance results in an obviously incorrect price, discount or promotion, we will notify the Customer as soon as reasonably practicable and handle the matter having regard to whether the transaction has been formed, the nature of the error, principles of good faith and applicable law.
8. Purchase Quantity Limits
To maintain fair purchasing opportunities, normal product availability and reasonable use of promotions, we may impose purchase limits on particular Products by Customer, member account, payment method, delivery address or order.
Any applicable purchase limits will be indicated on the product page, shopping cart, checkout process or promotional information.
Where there is reasonable evidence that multiple orders have been placed by the same Customer using different accounts, names, addresses, payment methods or other means to circumvent a purchase limit, we may contact the Customer for verification and may adjust or cancel quantities exceeding the applicable limit in accordance with applicable law.
9. In-Stock Products
All Products are subject to actual stock availability. Stock information displayed on the Website may change due to retail sales, online orders, system synchronisation delays, stocktake discrepancies or other circumstances.
In-stock Products are normally dispatched within three working days after payment has been confirmed. Actual dispatch times may vary due to order volumes, public holidays, stocktakes, weather, logistics arrangements or other circumstances.
If, after an order has been placed, a Product is found to be unavailable, insufficient in quantity, discontinued or otherwise unobtainable, we will notify the Customer as soon as reasonably practicable and offer an appropriate solution, which may include cancellation, refund, waiting for replenishment or another suitable arrangement.
10. Pre-Order Products
Unless otherwise stated on the relevant product page, no immediate payment is required when placing a pre-order. We will notify the Customer once the Product has arrived and will arrange dispatch after payment has been confirmed.
The price, payment method, estimated arrival date and other conditions applicable to a pre-order are as stated on the relevant product page and at checkout.
Estimated release and arrival dates are based on information provided by manufacturers, distributors or suppliers and may be brought forward, delayed or cancelled due to production, allocation, international transportation, customs, weather or other circumstances beyond our reasonable control.
Actual availability of pre-order Products is subject to manufacturer, distributor or supplier allocation and the quantities ultimately received by us. We cannot guarantee that every pre-order will be fulfilled.
If a pre-order cannot be fulfilled due to insufficient manufacturer allocation, cancellation of production, product discontinuation, supplier inability to supply or insufficient quantities ultimately received by us, Modelshop will notify affected Customers as soon as reasonably practicable and may cancel the affected Product or pre-order. If any payment has already been collected for an unavailable Product, the amount paid for that Product will be refunded.
Conditions relating to Customer cancellation of pre-orders and the treatment of any payment or deposit already made will be governed by the information clearly disclosed on the relevant product page before ordering and by applicable law.
Where pre-order and in-stock Products are purchased in the same order, we may arrange combined or separate dispatch in accordance with the information provided on the product page or at checkout. If separate dispatch results in additional shipping charges, the Customer will be notified before dispatch.
11. Shipping and Delivery
For dispatch times, delivery methods, shipping charges, offshore island delivery and related restrictions, please refer to our Shipping, Delivery & Returns Policy, which forms part of these Terms and Conditions.
Customers must provide complete and accurate recipient names, telephone numbers and delivery addresses. Where a parcel is returned or requires redelivery due to an incorrect address, incomplete information, inability to contact the recipient, failure to collect, refusal of delivery or another reason attributable to the Customer, the Customer may be responsible for reasonable additional shipping and related costs.
After Products have been handed to the carrier, actual delivery times may be affected by weather, traffic, shipping volumes, remote-area delivery, convenience store operations, postal arrangements or other circumstances beyond our control. In the event of a significant delay, we will provide reasonable assistance with tracking or enquiries.
Modelshop reserves the right to select an appropriate delivery method and carrier having regard to the Product's dimensions, weight, value, destination and safety considerations.
12. Inspection and Notification of Problems
Please inspect the type, quantity, appearance and contents of your Products as soon as reasonably practicable after receipt.
If a Product has obvious shipping damage, has been incorrectly supplied, is missing components or has another defect, we recommend contacting us within three days of receipt and providing the purchaser's name, contact telephone number, order number, a description of the issue and clear photographs so that we can investigate and assist promptly.
The three-day notification period is recommended to facilitate investigation, logistics claims and prompt resolution. It does not affect any statutory cooling-off, cancellation, warranty or other rights available to the Customer under applicable law.
13. Returns, Exchanges and Refunds
For returns, exchanges, refunds, the seven-day cooling-off period, defective Products, incorrect deliveries and shipping damage, please refer to our Shipping, Delivery & Returns Policy, which forms part of these Terms and Conditions.
Under Taiwan's Consumer Protection Act, consumers in distance transactions are generally entitled to cancel the transaction within seven days after receiving the Product without stating a reason, except where a statutory exception applies and the Customer has been clearly informed before the transaction.
The seven-day cooling-off period is not a trial period. Opening or inspecting a Product to the extent reasonably necessary to examine it does not automatically affect the right of cancellation. However, where the value of a Product is reduced through use, assembly, display, removal of protective materials, loss of components, improper handling or other conduct beyond what is reasonably necessary for inspection, we may address the reduction in value in accordance with applicable law.
Where a return is requested for reasons attributable to the Customer, return shipping costs will generally be borne by the Customer. Where a return or exchange results from a Product defect, incorrect delivery or another reason attributable to us, reasonable related shipping costs will be borne by us.
After we receive and inspect a returned Product, we will process any applicable refund as soon as reasonably practicable using the original payment method or another method agreed between the parties. The time required for funds to appear may vary depending on banks, credit card providers or third-party payment platforms.
14. Uniform Invoices
We will issue invoices in accordance with the tax laws and Uniform Invoice regulations of the Republic of China (Taiwan). The form and delivery of invoices, including electronic invoice carriers or account linking where applicable, will be determined by the options displayed at checkout and the method actually used.
Customers must ensure that invoice information is correct at checkout. If a Unified Business Number or company name is required, the correct information should be provided before the order is completed.
Where an order is cancelled, returned, refunded or subject to an allowance, the Customer agrees that we may process cancellation, sales return or allowance documentation in accordance with applicable law and, where reasonably necessary, may request information or cooperation required to complete that process.
15. Intellectual Property
Unless otherwise stated, the text, images, product photographs, videos, icons, trademarks, logos, page designs, layouts, software and other content on the Website are owned by us, lawfully licensed to us, or owned by their respective rights holders, and are protected by copyright, trademark and other intellectual property laws.
Without prior written permission from us or the relevant rights holder, such content may not be copied, modified, reproduced, downloaded, distributed, publicly transmitted, sold, licensed or otherwise used for commercial purposes.
Third-party brands, airline names, aircraft type names, manufacturer names, trademarks and related logos displayed on the Website remain the property of their respective rights holders.
16. Website Information and Technical Services
We take reasonable measures to maintain the operation and security of the Website, but cannot guarantee that it will at all times be free from interruptions, delays, errors, data loss, malicious software, third-party attacks or other technical problems.
Customers should take reasonable measures to protect their own devices and information, including using current browsers, operating systems, antivirus software and security tools.
To the extent permitted by law, we are not liable for losses arising from network interruptions, third-party service failures, malicious attacks, device problems or other technical circumstances not attributable to us. This limitation does not apply to liability arising from our wilful misconduct, gross negligence or liability that cannot lawfully be excluded.
17. Product Use and Limitation of Liability
Products must be used in accordance with manufacturer instructions, their intended purpose and reasonable usage. We are not responsible for damage caused by misuse, incorrect assembly, unauthorised modification, improper storage, normal wear and tear, improper use by children or other circumstances attributable to the Customer.
Some model Products may contain small parts, sharp components or fragile materials and may not be suitable for young children. Customers should follow product labelling and manufacturer age recommendations and provide appropriate adult supervision.
To the extent permitted by law, our liability in connection with the Website or Products will be determined according to the actual loss, the nature of the transaction and applicable law.
Nothing in these Terms and Conditions excludes or limits liability arising from wilful misconduct, gross negligence, statutory product defect liability, the Consumer Protection Act or any other liability that cannot lawfully be excluded or limited.
18. Force Majeure and Circumstances Beyond Our Control
If an order cannot be performed or is delayed due to natural disasters, typhoons, earthquakes, fire, flooding, epidemics, war, government orders, strikes, transportation or logistics interruptions, port delays, customs delays, network or power outages, supplier discontinuation or other circumstances beyond our reasonable control, we will notify the Customer as soon as reasonably practicable.
Having regard to the circumstances and applicable law, we may provide an appropriate solution such as delayed dispatch, partial dispatch, an alternative arrangement, cancellation, refund or another reasonable remedy.
19. Third-Party Websites and Services
The Website may contain links to third-party websites, logistics providers, payment service providers, social media platforms or other external services.
Third-party services are independently provided by the relevant providers, who are responsible for their own content, terms of service, privacy policies and information security practices.
Except where otherwise required by law or where the relevant matter is attributable to us, we are not responsible for the content, availability, conduct or losses associated with third-party websites or services.
20. Privacy and Personal Information
We take the privacy and security of our Customers' personal information seriously.
For information regarding the collection, processing, use, retention and protection of personal information, please refer to our Privacy Policy, which forms part of these Terms and Conditions.
When using third-party payment, logistics or social media services, Customers may also be subject to the privacy policies of the relevant third parties.
21. Ownership of Products
To the extent permitted by law, ownership of Products remains with the Company until the purchase price has been paid in full.
Risk, transfer of ownership and the respective rights and obligations of the parties following delivery will be determined according to the circumstances of the transaction and applicable law.
22. Changes to These Terms and Conditions
We may amend these Terms and Conditions in response to changes in law, services, payment methods, delivery arrangements, Website functionality or operational requirements.
Revised Terms and Conditions will be published on the Website and will apply from the stated effective date.
Changes will not affect rights and obligations arising from transactions formed before the amendment, unless otherwise required by law or agreed between the parties.
23. Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, the remaining provisions will continue in full force and effect.
Any invalid or unenforceable provision should, to the extent permitted by law, be interpreted or adjusted in a manner consistent with its original purpose.
24. Governing Law and Dispute Resolution
Use of the Website and transactions conducted through it are generally governed by the laws of the Republic of China (Taiwan).
In the event of a consumer dispute, the parties should first attempt to resolve the matter in good faith. Customers may also lodge a complaint, apply for mediation or pursue other remedies available under applicable law.
If court proceedings become necessary, jurisdiction will be determined in accordance with Taiwan's Code of Civil Procedure, Consumer Protection Act and other applicable laws. Nothing in these Terms and Conditions excludes a consumer's right under applicable law to bring proceedings before the court at the place where the consumer relationship arose or any other court having lawful jurisdiction.
25. Contact Us
If you have any questions regarding these Terms and Conditions, your member account, orders, payments, delivery or Products, please contact Modelshop using the contact details provided on the Website.