TERMS & CONDITIONS
1.1 STANDARD TERMS OF BUSINESS
These terms and conditions are made between us, Paul Martyn & Company trading as Model-Car-World, (Us, We, Our) and you, the "Customer" in respect of purchases of goods made from any model-car-world.co.uk website (the 'Website').
These conditions do not affect your statutory rights.
Please read them carefully as they contain important information
model-car-world.co.uk We, Us means Paul Martyn & Company trading as Model-Car-World. (Office adddress, Heart of the Country, London Road, Swinfen, Lichfield, Staffordshire. WS14 9QR, 01543 472260, firstname.lastname@example.org)
We must receive payment of the whole price of the goods that you order, plus postage, before your order can be accepted. Paymentfor the goods represents an offer on your part to purchase the goods, which will accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
we will notify you by e-mail to confirm receipt of your order and to confirm details. For the avoidence of doubt, this correspondence does not constitute a contract between us.
Customer, You means the party to whom goods are being supplied as identified as the registered Paul Martyn & Company trading as Model-Car-World account holder placing any order or the principle card holder in the event of a non-account order.
By accessing or using our website and /or by placing any order(s) you agree to be legally bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may not access or use our website, or place orders.
These rules relate to sales over the internet and by telephone for the web site.
The contract made by you on-line with us incorporates these Terms and Conditions, so we advise that you should not proceed with your purchase until you have read and agreed to these Terms and Conditions.
If we cannot supply any item to you for any reason, we will refund any money already paid by you. We will not be responsible for compensating you for any other losses, which you may suffer.
1.1.2 Purchase Orders For Goods
The display of products on our Website does not constitute an offer for sale or an invitation to trade.Each purchase order raised by Customer, whether electronically on the Website or otherwise, shall be deemed to incorporate these terms and conditions.
If we cannot supply any item to you, for any reason, we will refund any money paid by you. We will not be responsible for compensating you for any other losses which you may suffer.
In relation to special order goods, bespoke items, goods held by us as consignment stocks and foodstuff items modified terms apply. When ordering such goods these terms and conditions shall be deemed incorporated. Once your order is accepted by us, you will be liable to pay the full quoted price of the goods whether you accept delivery or not. Items delivered are non-returnable and non-refundable.
It is the responsibility of the orderer to get authorization to use copyrighted or trademarked designs on orders. Any licensing fees are the responsibility of the orderer
In all other cases an order placed by Customer either on the completion of the purchase process set out in the Website pages or otherwise shall constitute an invitation to Us to trade.
By delivery to the premises stated on Customer's purchase order, We offer to supply the goods to Customer. The offer is made subject to these terms and conditions. Acceptance of the goods by Customer shall be deemed acceptance of these terms and conditions. Goods are sold subject to availability and, in relation to certain specific goods, there are geographical restrictions.
We reserve the right to alter the specification of the goods without prior reference to you insofar as the performance of such goods is not materially altered and the cost is not increased.
1.1.3 Prices and Payment
All prices are displayed in UK pounds sterling. Payment shall be made in UK pounds sterling only. In relation to credit sales, payment shall be due within 30 days from the date of invoice.
We accept no liability if a delivery is delayed due to incorrect payment details, delivery addresses or e-mail addresses.
Delivery charges vary due to the type , weight and size of the goods ordered. Please see our "delivery and returns " link for further details.
We reserve the right to charge interest on overdue amounts at the rate of 4% per annum above the base rate from time to time of Lloyds-TSB Bank plc. Interest to accrue from day to day from the date of invoice until actual payment is received by way of cleared funds. Dishonoured cheques issued by Customer shall incur an administration fee of £20 in addition to any bank charges paid by Us in relation to the returned cheque. In addition to the list price of goods, We reserve the right to make an extra charge for deliveries, the price of which will be shown at the point of ordering.
Risk in the goods shall pass to Customer on delivery. Title and ownership of the goods shall not pass until payment in full has been received by Us. Customer shall act as bailee of the goods for Us until ownership has passed and Customer shall store the goods so that they are readily identifiable as Our property. If payment is not made by the due date, We shall be entitled to enter Customers premises to recover any and all goods supplied by Us.
We reserve the right to refuse and/or to cancel an account and/or delivery at any time. In such circumstances, if the Customer has paid for relevant goods, a refund or credit note shall be issued less reasonable administration charges.
Prices for goods are stated inclusive of VAT at the prevailing rate.
We reserve the right to obtain validation of your card via Sagepay secure e- payment processing, before accepting your order.
No financial information is available or retained by our Company.
Delivery dates are approximate. Delivery shall be deemed to take place on the date of the first attempt at delivery to the customer's premises or other place specified for delivery.
All goods must be signed for by an adult aged 18 years or over on delivery, if no adult is present at the address when the delivery is attempted the goods may be retained by the driver.Delivery is to the threshold of Customer's premises, which shall be deemed to be Goods Inwards or in the absence of this the Main reception of the Customer at the specified delivery address.
You may also collect your order from Paul Martyn Furniture, at Heart of the Country Shopping Village, Swinfen, Lichfield, WS14 9QR, by prior arrangement.
We are entitled to refuse any order placed by you.
1.1.5 Claims and Returns
Customer must notify Us in writing within 3 weekdays of delivery of any discrepancy between goods supplied and noted on the enclosed delivery note, or of any damaged goods. Returns may only be made with prior written consent from Us. Returns for goods ordered in error must be notified to us within 10 weekdays of delivery.
Any costs incurred in returning items are payable by the customer. Bespoke and customer special orders cannot be returned.
Returned goods must be packed and secured in the original packaging and be in perfect condition. Returned items which do not comply with this condition may not be returned.
We will not accept any returns or claims if the models have been played with, as these are meant for display and are not toys.
Invoice queries must be raised in writing within 10 days of the date of invoice. Claims may be made either through the Website, by e-mail to email@example.com.
1.1.6 Guarantees and Liabilities
Goods sold by Us are sold with guarantee that they will be free of defects in material or workmanship at delivery and, provided they are used in the proper way, for the relevant period from delivery as indicated at the point of ordering. : Orders will only be processed if there are no material errors in the description of the goods, or their prices as advertised on this website. All orders are subject to acceptance and availability. If the goods you have ordered are not available, we will contact you by e-mail or phone. You will have the option to wait until the item is available from stock, or to cancel your order. Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by e-mail, and offer to sell you goods of the specification and description at the price stated in the e-mail and we will state the period for which the offer or price remains valid.
We accept no liability for defects in goods resulting from Customer designs or requirements, or arising from wear and tear, willful damage, negligence or misuse.
Information on the Website may contain inaccuracies or typographical errors, information photographs and product specifications, including information relating to price and availability may be changed or updated without notice. No guarantee is given that the information accessible via the Website is accurate, complete or current. The Website may be unavailable from time to time. Nothing on the Website shall be construed as a condition, warranty or representation.
We resereve the right to cancel orders if they were listed at an incorrect price or had typographical errors.
We shall not be liable to you, for any failure or delay in performance of our contract, if it is due to an event beyond our reasonable control. Including, without limitation, acts of God, war,industrial dispute, fire , flood, tempest and national emergencies and if so delayed, we will inform you when we intend to deliver the goods again.
Except as otherwise stated in these terms, Our entire liability in respect of a particular good that has passed into the ownership of Customer and the Customer's remedies shall be limited to, at Our option and in accordance with Our returns policy from time to time, a credit note in respect of the amount paid by the Customer to Us for such goods; or the replacement or repair of the goods by Us.
Nothing in these terms shall limit or exclude liability for death or personal injury caused by negligence or for fraudulent misrepresentation, but except as otherwise stated in these terms and conditions, all conditions, warranties, terms and undertakings express or implied statutory or otherwise are hereby excluded to the fullest extent permitted by law.
We shall have no liability to the Customer for indirect or consequential loss, inlcuding any losses related to a business of yours including, but not limited to , lost data, lost profits, lost reveues or business interruption.
A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
If any term or provision in this agreement shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provision or part shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
1.1.7 Third Party Suppliers
From time to time Customer may ask Us to make available goods from third party suppliers so that Customer can place orders for these goods through the model-car-world.co.uk Website. model-car-world.co.uk is not the supplier of such goods and has no contractual relationship with Customer in relation to any supply. model-car-world.co.uk accept no liability whatsoever in relation to such transactions, howsoever arising.
1.1.8 Governing Law and Jurisdiction
All sales and purchases via this site and the terms and provisions of any contract or arrangement in relation to such sales shall be governed by and shall be construed in accordance with English law and shall be subject the non-exclusive jurisdiction of the English Courts.
1.1.9 These terms and conditions are subject to change at any time and without prior notice to you. Any such change shall not affect any contract subsisting between us at the time of such change.