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Railwayscenics Terms and Conditions
Definitions
1.1 Buyer means the individual or organisation that buys
or agrees to buy the Goods from the Seller.
1.2 Consumer shall have the meaning ascribed in section
12 of the Unfair Contract Terms Act 1977.
1.3 Contract means the contract between the Seller and
the Buyer for the sale and purchase of Goods incorporating these Terms and
Conditions
1.4 Goods means the articles that the Buyer agrees to
buy from the Seller.
1.5 Website means www.railwayscenics.com
1.6 Seller means Railwayscenics of 14 Woodsage Drive,
Gillingham, Dorset, SP8 4UF that owns and Operates
www.railwayscenics.com
1.7 Terms and Conditions means the terms and conditions
of sale set out in this agreement and any special terms and conditions agreed in
writing by the Seller.
Conditions
2.1 Nothing in these Terms and Conditions shall affect
the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all
contracts for the sale of Goods by the Seller to the Buyer and shall prevail
over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed
conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions
(including any special terms and conditions agreed between the parties) shall be
inapplicable unless agreed in writing by the Seller. Any complaints should be
addressed to the Sellers address.
Ordering
3.1 All orders for Goods shall be deemed to be an offer
by the Buyer to purchase Goods pursuant to these Terms and Conditions and are
subject to acceptance by the Seller. The Seller may choose not to accept an
order for any reason.
3.2 Where the Goods ordered by the Buyer are not
available from stock the Buyer shall be notified and given the option to either
wait until the Goods are available from stock or cancel the order and receive a
full refund within 30 days.
3.3 When making an order through the Website, the
technical steps the Buyer needs to take to complete the order process are
described in the Order Process Section.
Age of consent
4.1 Where Goods may only be purchased by persons of a certain age the Buyer
will be asked when creating an account to declare that they
are of the appropriate legal age to purchase the Goods.
4.2 If the Seller discovers that the Buyer is not
legally entitled to order certain Goods, the Seller shall be entitled to cancel
the order immediately, without notice
Price, availability and payment
5.1 The price of the Goods shall be that which is
stipulated on the Website.
5.2 The Seller is not registered for VAT and none will
be charged.
5.3 The prices quoted exclude delivery charges.
5.4 For website orders the total purchase price,
including delivery charges, if any, will be displayed in the Buyer’s shopping
cart prior to confirming the order.
5.5 Payment of the price and delivery charges must be
made in full before dispatch of the Goods.
5.6 We list availability information for products sold by us on the website,
including on each product information page.
Delivery
6.1 Stock items will normally be delivered within 7
working days of acceptance of order.
6.2 Delivery of the Goods shall be made to the Buyer’s
address specified in the order and the Buyer shall make all arrangements
necessary to take delivery of the Goods whenever they are tendered for delivery.
6.3 Title and risk in the Goods shall pass to the Buyer
once delivery commences.
Customs
7.1
When ordering goods from Railwayscenics for delivery overseas, the recipient may
be subject to import duties and taxes, which are levied once the package reaches
the specified destination. Any additional charges for customs clearance must be
borne by the recipient, we have no control over these charges and cannot predict
what they may be. Customs policies vary widely from country to country, so you
should contact the local customs office for further information. Additionally,
please note that when ordering from Railwayscenics, the recipient is considered
the importer of record and must comply with all laws and regulations of the
country in which the goods are received.
7.2 We would like our international
customers and customers dispatching products internationally to be aware that
cross-border deliveries are subject to opening and inspection by customs
authorities.
Rights of seller
8.1 The Seller reserves the right to periodically update
prices, which cannot be guaranteed for any period of time. The Seller shall make
every effort to ensure prices are correct at the point at which the Buyer places
an order.
8.2 The Seller reserves the right to withdraw any goods
at any time.
8.3 The Seller shall not be liable to anyone for
withdrawing any Goods from sale or for refusing to process an order.
8.4 While the Seller will try and ensure that all prices
on the website, sales literature or other information issued are accurate,
errors may occur. If the Seller discovers an error in the price of goods that
the Buyer has ordered, the Seller will inform the Buyer as soon as possible and
give the option of reconfirming the order at the correct price or cancelling it.
If the Seller is unable to contact the Buyer the order will be cancelled. In the
case of any cancelled order where the goods have been paid for a full refund
will be given.
Warranty
9.1 The Seller warrants that the Goods will at the time
of dispatch correspond to the description given by the Seller, except where the
Buyer is dealing as a Consumer, all other warranties, conditions, or terms
relating to fitness for purpose, merchantability or condition of the Goods,
whether implied by Statute, common law or otherwise are excluded, and the Buyer
is satisfied as to the suitability of the Goods for the Buyer’s purpose.
Cancellation and return
10.1 The Buyer shall inspect the Goods immediately upon
receipt and shall notify the Seller within 7 working days of delivery confirming
in writing if the Goods are damaged or do not comply with any of the Contract.
If the Buyer fails to do so the Buyer shall be deemed to have accepted the
Goods.
10.2 Where a claim of defect or damage is made the Goods
shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a
full refund (including delivery costs) plus any return postal charges if the
Goods are in fact defective.
10.3 You have the right, in addition to your other
rights, to cancel the Contract and receive a refund by informing the Seller in
writing (by letter or e-mail) within 7 working days of receipt of the Goods.
10.4 Goods must be returned by the Buyer at the Buyer’s
expense and should be adequately insured during the return journey. The Buyer
will receive a refund of all monies paid for the Goods (excluding delivery
charges, if any) except for return postal charges, within 30 days of
cancellation.
10.5 Goods to be returned must clearly show the order
number obtained from the Seller on the package.
10.6 Where returned Goods are found to be damaged due to
the Buyer’s fault the Buyer will be liable for the cost of remedying such
damage.
Limitation of liability
11.1 Except as may be implied by law where the Buyer is
dealing as a Consumer, in the event of any breach of these Terms and Conditions
by the Seller the remedies of the Buyer shall be limited to damages which shall
in no circumstances exceed the Price of the Goods and the Seller shall under no
circumstances be liable for any indirect, incidental or consequential loss or
damage whatever.
11.2 Nothing in these Terms and Conditions shall exclude
or limit the liability of the Seller for death or personal injury resulting from
the negligence of the Seller or that of the Seller’s agents or employees.
Intellectual Property License Agreement
12.1 By placing an order for a downloadable product, or a pre printed item, you
acknowledge that you have read this License Agreement, have understood it, and
agree to be bound by its terms.
12.2 In regard to this document, the term “download” refers to the entire content
of the files downloaded from this site, including templates, textures, glazing,
and instructions.
12.3 Railwayscenics own all right, title and interest in and to the downloads
and grant to you a non-exclusive, non-transferable copy for the purpose of
printing out and constructing for your personal use. You may print multiple
copies for your own personal use of each download purchased. FOR COMMERCIAL USE please contact
us for arrangements and conditions.
Waiver
12.1 No waiver by the Seller (whether express or
implied) in enforcing any of its rights under this contract shall prejudice its
rights to do so in the future.
Changes to terms and conditions
13.1 The Seller shall be entitled to alter these Terms
and Conditions at any time but this right shall not affect the existing Terms
and Conditions accepted by the Buyer upon making a purchase.
Governing law and jurisdiction
14.1 These Terms and Conditions shall be governed by and
construed in accordance with the law of England and the parties hereby submit to
the exclusive jurisdiction of the English courts.
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