Please read these general terms and conditions of sale ("the Conditions") carefully as they together with your order confirmation constitute the contract (the "Contract") between Railwayscenics ("I"/"us"/"we"/"our") and you ("you"/"your") for the sale of the you purchase on, or as a result of you viewing our product range on www.railwayscenics.com (the "website").
By ordering any of the products or services listed on this website, you agree to be legally bound by these Conditions. You will be unable to proceed with your transaction if you do not accept these terms and conditions.
You should print a copy of these terms and conditions for future reference. By ordering from this website you have accepted these terms and conditions.
- Buyer and Consumer means the individual or organisation that buys or agrees to buy the Goods from the Seller and shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
- Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
- Goods means the articles that the Buyer agrees to buy from the Seller.
- Website means www.railwayscenics.com.
- Seller means Railwayscenics of 14 Woodsage Drive, Gillingham, Dorset. SP8 4UF that owns and operates www.railwayscenics.com and is the trading name of Stephen Lane.
- 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.
- Download refers to the entire content of the files downloaded from this site, including templates, textures, glazing, instructions and data sheets.
- Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
- These Terms and Conditions shall supersede all earlier conditions of Railwayscenics amd 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.
- 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 Seller.
- 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.
- Railwayscenics only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send an email confirming that your items have been posted to you.
- Although we have taken care in preparing the information on each products page, Railwayscenics do not guarantee the accuracy of this information as products and suppliers may change. The images used are a representation of the product and may not depict the actual item for sale. Any measurements given are approximate.
4. Age of consent
- Some Goods on the website can only be sold to persons over 18 years of age. Where this minimum age is stipulated in the product page by purchasing the items you are stating that you are over the specified age and are legally allowed to purchase the item.
- We will occasionally carry out checks to ensure that people buying these types of products are above the legal age to do so.
- 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
5. Description, price, availability and payment
- All images, diagrams, illustrations, descriptions and dimensions appearing on the Railwayscenics website, or in any literature are approximate and included for guidance only.
- In line with our policy of continuous improvement, we reserve the right to make design or product alterations, or to discontinue any item as may be necessary without prior notification.
- The description and price of the Goods you order will be as shown on the Railwayscenics website at the time you place your order.
- The seller is registered for VAT. Our VAT registration number is GB 373295476. VAT will be charged as required at the level set by the UK government.
- For website orders the total purchase price, including delivery charges, if any, will be displayed in the Buyers shopping cart prior to confirming the order.
- Payment of the price and delivery charges must be made in full before dispatch of the Goods.
- We list availability information for products sold by us on the website, including on each product information page. This is sometimes inaccurate, and we therefore reserve the right to issue a refund for the shortfall items, or add them to a backorder, and send when the item is returned to stock.
- Every effort will be made to deliver the Goods as soon as possible after your order has been accepted, and in any event within 30 days of your order. However, the Seller will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
- Delivery of the Goods shall be made to the Buyers 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.
- Title and risk in the Goods shall pass to the Buyer once delivery commences.
- All Goods despatched must be checked on receipt by the customer and any damage, shortfall or discrepancy must be notified by phone or email to Railwayscenics as soon as possible, or within 5 working days. No refunds will be given for missing or damaged items notified outside of this time.
- If any delivery has not been made in a reasonable time, then subject to the customer notifying us of such delay either by phone or email, we will endeavour to ascertain if the order has been delivered and will inform the customer of the status of the delivery or the new expected delivery time. We will also refund the total order costs including the delivery costs, to the customer. No replacements will be sent.
- 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, as 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.
- We would like our international customers to be aware that cross-border deliveries may be subject to opening and inspection by customs authorities
8. Rights of seller
- 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.
- The Seller reserves the right to withdraw any Goods at any time.
- The Seller shall not be liable to anyone for withdrawing any Goods from sale or for refusing to process an order.
- 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.
- 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 Buyers purpose.
10. Cancellation and return of Physical products
- The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 5 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.
- No items will be replaced or refunded without first receiving the goods back. 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.
- 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 email) within 14 days of receipt of the Goods.
- Goods must be returned by the Buyer at the Buyers expense to the address on the website, and should be adequately insured during the return journey. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit. The Buyer will receive a refund of all monies paid for the Goods and delivery charges, except for return postal charges, within 14 days.
- Goods to be returned must include a copy of the original sales receipt, and must be received by us no later than 14 days after the cancellation request has been received.
- Where returned Goods are found to be damaged due to the Buyers fault, the Buyer will be liable for the cost of remedying such damage.
- Where any dispute arises you are welcome to use the following website to resolve problems http://ec.europa.eu/consumers/odr/
- This Section 10 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
10.a Cancellation and return of downloadable products
- Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products.
- We do not accept returns of Digital Downloads, except as required by law or unless indicated otherwise on the Digital download page which can be found here. Any refunds shall be at our sole and absolute discretion.
- You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider.
- You agree that any payments made by you for any of our products are final and may not be charged back.
11. Limitation of liability
- The Seller will have no liability for any delay in delivering, or failure to deliver, Goods or for any other non-performance of the Contract if the delay, failure or non-performance is caused by any events or circumstances outside the reasonable control of the Seller.
12. Intellectual property licence agreement
- By placing an order for a downloadable product, or a pre-printed item, you acknowledge that you have read this Licence Agreement, have understood it, and agree to be bound by its terms.
- 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.
- 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.
14. Changes to terms and conditions
- 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.
15. Governing law and jurisdiction
- 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.