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Terms & Conditions
Terms and Conditions of Business:
Please read the wording of this Agreement carefully as it contains the terms and conditions upon which Ian Morton t/a Modelscape, a Sole Trader business, at Unit 8b-8c Rodenhurst Business Park, Rodington, Shrewsbury, SY4 4QU contracts with you for the sale of the Goods. In this Agreement, "Goods" means the goods described on Our website which We supply to You in accordance with the Conditions.
All orders are accepted by Us subject to the following Conditions:
1.1 Orders can be placed by post or via our on-line Internet Store.
1.2 All orders which are accepted by Us shall be subject to these Conditions.
1.3 If an item is out of stock you will normally be advised within 48 working hours of us receiving your order.
1.4 If an item is no longer available you will normally be informed within 48 working hours and the order will be cancelled.
1.5 Prices are subject to change without notice.
2.1 Payment is due at the time of submitting the order for items that are in stock and Special Order items. Where stock items are due for future delivery payment will be due when those items come into stock.
2.2 We reserve the right to adjust postal charges selected on orders if the incorrect method has been selected by You. International postal charges will be applied after such costs have been determined.
2.3 Payment should be made in pounds sterling using cheques or UK postal orders payable to Modelscape or PayPal to firstname.lastname@example.org.
3. Ownership of the Goods
3.1 Ownership of the Goods to be delivered by Us will only be transferred to You when We have received cleared funds in full payment of all sums owing to Us in respect of the Goods.
3.2 Until ownership has passed to You We retain full legal and beneficial title to the Goods and reserve the right at any time to require You to deliver up the Goods to Us and, if You fail to do so forthwith upon Our request, to enter upon any of Your premises or of any third party where the Goods are stored and repossess the Goods.
4. Carriage and Delivery
4.1 We shall normally despatch Goods by Royal Mail 24 to UK based customers.
4.2 Time for delivery shall not be of the essence of this Agreement. We shall use reasonable endeavours to deliver by the date specified but We shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused and You hereby waive irrevocably all Your rights and remedies (if any) in respect of any loss or damage suffered or incurred directly or indirectly as a result of any late delivery of the Goods.
4.3 Export Orders – Freight and insurance is charged extra at cost. If the Goods are subject to import duties and/or taxes for overseas orders, these costs will be solely borne by You.
5.1 If You are a private consumer You may cancel any order made by You via Our website or mail order at any time within 14 days of receipt by You of the Goods except in the case of Special Order items. You must notify Us by e-mail to email@example.com. You must return the products in the same condition that they were in when they were despatched to You, unmodified and with the original packaging.
5.2 Other than goods returned under the provisions of clause 5.1 above, Goods returned under Guarantee in accordance with clause 7 or for shortages or damages reasons, all returns will require Our Agreement and in any event will only be accepted in original packaging and a 20% handling charge will apply with a minimum charge of £2.00. Goods must be returned within 30 days of the date of delivery.
5.3 If there are shortages or damages to the Goods occurring in transit, You must notify us within 48 hours from the time of delivery, giving full details of any such shortages or damages and You must return the Goods to Us together with all packaging. Within that time all parcels delivered to You in a damaged condition should be returned to Us forthwith.
5.4 Where We accept that there has been a shortage in Goods despatched or the Goods have been damaged in transit, We shall replace such Goods at the previously invoiced price or refund the monies paid for the goods at our discretion.
5.5 Order Cancellation: Except where clause 5.2 applies cancellation of an order can only be accepted after prior negotiation and agreement. On no account can cancellation be accepted for Special Order items ordered specially by Us on Your behalf.
5.6 All carriage charges for returned goods are the responsibility of the customer and will not form part of any refund. If incorrect carriage charges are paid by You, resulting in a payment by Us before goods can be received, We reserve the right to reclaim these charges from You together with a £5.00 administration fee.
6. Copyrights and Patents
6.1 Goods and material contained in Our website may be the subject of patents, copyright, design, trade mark or other intellectual property rights and all such rights are reserved by Us. We make no representation or warranty as to whether Your use of or dealing with the Goods (or any part or component thereof) either will or will not infringe such rights. Without limiting the generality of this statement, We do not grant nor purport to grant to You any licence, permission or authority in respect of such rights and You acknowledge and agree to satisfy Yourself in respect of such matters. We accept no liability for infringement of any such rights.
6.2 In accessing Our Website you agree that you will access the content solely for your personal, non-commercial use. None of the content of the site or personal emails from Us may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
7.1 Unless otherwise specified and subject to clauses 7.2 and 7.3, the Goods are guaranteed free from defect caused by faulty materials or workmanship for a period of twelve months from the date of despatch by Us (the "Guarantee").
7.2 The Guarantee in clause 7.1 is given provided that:
(a)We are promptly notified in writing upon discovery by You that the Goods are defective due to faulty materials or workmanship;
(b) the Goods in question to which the claim refers are returned to Us within 12 months from the date of despatch by Us (the "Guarantee Period") suitably packed, carriage prepaid and accompanied with proof of purchase (delivery note or invoice) and details of the nature of the defect; and
(c) examination by Us of the Goods in question confirms that the alleged defect has not been caused by misuse, neglect, method of storage, faulty installation, handling, testing or repair, by alteration or accident or by any other cause listed in clause 7.3(b)(i) to (iv) below.
7.3 We are not liable under this Guarantee:
(a) if the total price for the Goods has not been paid by the Due Date; or
(b) for any defect arising from:
(i) fair wear and tear, wilful damage, negligence, misuse, repair of the Goods without Our approval;
(ii) any use of or dealing with the Goods in a manner which could not reasonably be expected having regard to their normal purpose;
(iii) any use of or dealing with the Goods in conjunction with any other item where such item causes or gives rise to the alleged defect; or
(iv) any use of the Goods which is not in accordance with the manufacturer's operating or user instructions or from any failure to service or maintain the Goods in accordance with the manufacturer's instructions.
7.4 The Guarantee shall not be affected by and no obligation or liability shall result from providing technical advice or service in connection with Your order for the Goods.
7.5 Our liability under the Guarantee shall be limited to repairing, replacing, issuing credits or vouchers at Our option for any Goods returned within the Guarantee Period.
8. Limitation of liability
8.1 Subject to clauses 8.3 and 8.4 below and as otherwise expressly provided in this Agreement, all warranties, conditions or other terms whether express or implied by statute or common law or otherwise are excluded or limited to the fullest extent permitted by law. In particular We make no representation or warranty that the Goods are either of satisfactory or merchantable quality or fit for any purpose or that they conform to any description. You acknowledge and agree that You have relied upon Your own skill and judgement in selecting the Goods.
8.2 Subject to clauses 8.3 and 8.4 and to the Guarantee given in accordance with clause 8 and to the full extent permitted by law We exclude all liability for any loss or damage howsoever suffered or incurred by You as the direct, indirect or consequential result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss or damage in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods.
8.3 Clauses 8.1 and 8.2 do not apply where You deal as a Consumer and to the extent that such exclusions or limitations are not permitted by law.
8.4 Except as may be implied by law where You are dealing as a Consumer, in the event of any breach of these Terms and Conditions by Us the remedies of You shall be limited to damages which shall in no circumstances exceed the Price of the Goods and We shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9. Commercial Tolerances
9.1 Dimensions and other physical characteristics of the Goods are subject to normal commercial tolerances. Unless otherwise stated, electrical ratings represent safe working limits.
10.1 You agree to indemnify and hold Modelscape and its agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Modelscape arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
111 The information contained on Our website is correct to the best of Our knowledge at time of going to press. All images are used for illustration purposes only. Actual products supplied may differ visually from those illustrated.
11.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
11.3 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, acts of God, war or riots, actions or omissions of third parties.
11.4 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.
11.5 No delay, neglect or forbearance on Our part in enforcing its rights against You shall be construed as a waiver or in any way prejudice any of its rights hereunder.
11.6 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have non-exclusive jurisdiction in connection with any dispute arising out of or in connection with it.