1.1 These terms and conditions relate to goods for which you make an offer to purchase ("Order") from the Wellingborough Trains & Models online store ("our/this website"). Please read these terms and conditions, which govern your use of this website and our supply to you of any goods which you offer to purchase through our on-line facilities. We will be unable to process any offer to purchase goods until you acknowledge that you have done so by ticking the box. If there is anything you do not understand, please feel free to e-mail us (email@example.com) or phone us on 01933 274069.
1.2 By placing an order with us you are making an offer to purchase and you agree to be bound by the whole provisions of the Agreement (as defined in clause 3.1 below) between you and us. If you do not accept these provisions you should not place an order. Your attention is drawn in particular to clauses 11 (limitation of liability) and 12 (indemnity).
1.3 These terms and conditions may be changed at any time by us and we are not under any obligation to notify you of such changes.
In these terms and conditions:-
"Acceptance" or "Order Acceptance" means our acceptance of your offer to purchase;
"Commencement Date" means the date when our agreement with you is concluded (see clause 3.3);
"Confirmation Form" means the form that is shown on screen after you have placed an order, confirming details of the Goods which you have offered to purchase and which we have agreed to supply to you;
"Consumer" means an individual whose use of the Service is for personal purposes only, and not for use in connection with any trade, business or profession;
"Delivery" and "Original Delivery" the date on which the goods were accepted by you from the delivery company. "Order" means your offer to purchase;
"Order Form" means the form completed by you online and showing details of the goods which you have offered to purchase from us;
"Goods" means the goods to be provided by us to you, as described in the Order Form and Confirmation Form and on the pages of our website relevant to those goods. (In the event of a discrepancy between the description of the Goods on the website and that on the Order Form Confirmation Form, the description on the Order Form or Confirmation Form shall be conclusive);
"we/us/our" refers to Wellingborough Trains and Models and having our registered office at 26 Market Street, Wellingborough, Northants NN8 1AT; and "you/yours" refers to you, the person offering to purchase goods from us.
"the Act" refers to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
3.2 Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase.
3.3 The Agreement is concluded only when we have accepted your order by sending you a Confirmation Form (with the date of conclusion of the Agreement being the date shown on that Confirmation Form). We store the contract's content and will send you the details of your order as well as our general terms via e-mail. You can find the general terms here at all times. You can view information on your order details by logging into your online control panel or by contacting our Customer Service Team via email at (firstname.lastname@example.org) or phone us on 01933 274069.
4.1 Payment can be made using any of the methods listed on this web site and will be debited when we have accepted your offer to purchase.
4.2 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a consumer.
4.3 The Buyer warrants to the Seller that he / she is legally capable of entering into binding contracts.
4.4 All prices are quoted in UK pounds Sterling and include VAT where applicable.
4.5 Our acceptance of your offer to purchase Goods is subject to their availability. Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. We will inform you if we are unable to deliver the Goods which you have offered to purchase and a full refund will be given.
4.7 Every effort has been made to ensure the descriptions and price of goods are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either
(i) Confirming your offer to purchase subject to the corrected description or price, or
(ii) Retracting your offer to purchase and receiving a full refund if the Goods have been paid for.
5.1 Delivery - UK
5.1.1 All deliveries are subject to stock availability and authorisation of your payment.
5.1.2 We shall endeavour to deliver the Goods you have offered to purchase within 5 working days after we receive your offer. If there are any delays we will notify you of such delay as soon as possible.
5.1.3 We can either deliver your order to the billing address for the card you use to pay for your order, or you can specify an alternative address such as a workplace, university or friend/family address at the checkout. The alternative delivery address must be in the UK (i.e. has a Royal Mail postcode).
5.1.4 UK Economy Delivery is FREE on orders over £175, below this value, a sliding scale is applied based on final order value. UK Express Delivery is charged and quoted on a per-order basis where stock is shown as available for Next Day delivery at the time of order.
5.1.5 Unless otherwise agreed; your order will be delivered to you during office hours (9-5pm), Monday to Friday. We are unfortunately unable to specify the time at which the goods will be delivered to you.
5.1.6 A signature will be required for certain delivery services at the time of delivery of the goods to you. Receipt of a signature at the delivery address will be proof that the order has been delivered to you. A signature may be obtained from any person at the given delivery address. If no person is present at the delivery address you have provided, the courier may attempt delivery with a neighbour who will be asked to sign on your behalf. Alternatively, your parcel may be delivered to a local Post Office, or returned to the couriers' depot and delivery will be attempted at a later date.
5.1.7 Should repeated attempts at delivery be unsuccessful and alternative arrangements have not been made, the delivery company will return the goods to us. We reserve the right to levy a redelivery/handling charge if requested to re-despatch the goods. Should re-delivery not be required, the value of the order will be refunded, less the original shipping charge(s) and any additional charges due for the return of the goods to us.
5.2 Deliveries to the rest of the world Please Note Currently we are unable to do this service
5.2.1 The title of goods ordered passes to you at the time the item is despatched from us in the UK. We will act as an agent to arrange delivery on your behalf with the carrier and collect a delivery charge, as detailed below, from you during your transaction which is passed to the carrier as payment for delivery. The delivery charges detailed below include postage and packaging costs and any shortfall in the amount we collect from you to pass to the carrier when arranging your delivery is covered by us. If you would prefer make your own delivery arrangements, please contact our Customer Service Team via email (email@example.com) or phone us on 01933 274069.
5.2.2 International Delivery will be quoted at the time of checkout. Large, valuable or bulky orders will be held pending a manual quotation in order to offer the best price.
5.2.3 We endeavour to deliver the goods you have offered to purchase within 7 working days from the receipt of your offer. If there are any delays, we will notify you of such delay as soon as possible.
5.2.4 We will act as an agent on your behalf to deal with any queries or issues you may have with delivery.
5.2.5 From time to time Wellingborough Trains & Models may offer to deliver products without requiring a payment for postage and packing as part of our promotional offers that we may advertise. Where "free" postage and packing is offered by Wellingborough Trains & Models, there is still a charge made by the carrier to you to cover the delivery of your order but Wellingborough Trains & Models will pay this on your behalf directly to the carrier and no further payment will be required from you in respect of the delivery of your order.
5.2.6 Undeliverable goods; should attempts at delivery be unsuccessful and alternative arrangements have not been made, the delivery company will return the goods to us. We reserve the right to levy a redelivery/handling charge if requested to re-despatch the goods. Should re-delivery not be required, the value of the order will be refunded, less the original shipping charge(s), customs charges and any additional charges due for the return of the goods to us.
5.3 365 Day Returns Policy and faulty goods
5.3.1 This policy excludes items purchased as "Graded" (please see paragraph 5.4).
5.3.2 We hope you're happy with your new purchase! However, if you're unhappy for any reason, here's what to do.
5.3.3 If the item is faulty, returned for any reason within 30 days of delivery or, if we've made a mistake with your order, we will be able to offer a refund or an exchange and reimburse your postage costs if applicable. This is in addition to, and does not affect, your consumer rights.
5.3.4 You have up to 365 days to return products for any reason. All we ask is that you send it back in the unused condition that you received it and with the original packing, accessories, manuals warranty cards etc.
5.3.5 Return postal costs:
220.127.116.11 Items returned within 30 days of original delivery can be posted free of charge within the UK using the freepost label on your order paperwork.
18.104.22.168 Items returned after 30 days and up to 365 days from delivery or posted from overseas must be returned post-paid by you.
22.214.171.124 Items which have become faulty due to manufacturing defect or failure can be returned from within the UK using our freepost label for up to 365 days after the original date of delivery.
126.96.36.199 We reserve the right to deduct a postal charge of £4.50 for goods which are not faulty and are returned more than 30 days after the date of original delivery by means of our freepost address.
5.3.6 Items which are not faulty and have been returned in a used condition or with damaged packing or missing accessories, manuals, warranty cards etc. will, at our sole discretion be subject to a 20% restocking charge.
5.3.7 Goods should be carefully packed in their original box and a secure outer wrapper and returned clearly addressed to: Wellingborough Trains & Models Returns, Wellingborough Trains & Models Ltd, 26 Market Street, Wellingborough, Northamptonshire NN8 1AT UK
5.3.8 Please use the Returns Form found on the reverse of your order paperwork, or enclose a note detailing your name, address, contact number and reason for return.
5.3.9 We recommend you use a traceable postal service in case you need to track your parcel.
5.4 Graded Items Returns Policy
5.4.1 Graded goods are warranted against the level of function described in the graded category for a period of 30 days.
5.4.2 If the condition of the item is substantially other than described in the Graded Goods Category, then you may return the item to us within 30 days of delivery for a refund or an exchange with another graded item. This is in addition to, and does not affect, your consumer rights.
5.4.3 Graded Goods Return postal costs:
188.8.131.52 Items returned under 5.4.2, within 30 days of original delivery can be posted free of charge within the UK using the freepost label on your order paperwork.
184.108.40.206 Unwanted Graded Items returned for refund within 30 days from delivery or posted from overseas must be returned post-paid by you.
6.1 We accept the following methods of payment.
· On Line Paypal only
· All Major Cards in store only
· All Major Cards in store only
Non card payments: We also accept PayPal and our own giftcards
6.2 Payment may be made by any of the methods above and will be pre authorised when we receive your order. The total amount you pay is the same, regardless of the payment method you use.
6.3 Payment will be processed using the services of Verifone, PayPal and Streamline Merchant Services. For Debit, Credit and Gift Card payments, we may use a payment on despatch system. This means that your bank will ringfence the final order value when the order is placed and the full payment for each item will be debited at the time of despatch of your order. As we may ship items from separate locations, this may mean that you see multiple debits for one order. Any pre authorisation amounts should be returned to your account 2-3 days.
6.4 We are enrolled in the Mastercard Securecode card payment protection scheme. You may be required to use this service if your card issuer is part of the scheme in order to purchase from us.
7.1 Our prices on supplies within the European Union include VAT where applicable.
7.2 If your destination is outside of the EU, you are liable for all import duties, customs, and local sales taxes levied by the country you have requested shipment to; therefore payment arrangements will be required for your local authorities to release your order. We recommend that you investigate potential charges before placing your order.
8.1 Data Protection
8.1.1 We are committed to protecting your privacy and the security of any information given to us in order for us to process your order.
8.1.2 We are registered at the Information Commissioner's Office. Our Registration Number is A8239818.
8.2 Our Data Protection Policy
8.2.1 We will not gather or hold personal information about you unless you have given your express permission for us to do so. By placing an order, you will consent to the use of such personal information.
8.2.2 Any personal information held or processed will be kept up-to-date and will be destroyed as soon as the reason for its collection or processing has lapsed.
8.2.3 No personal data about customers will be passed to any third party without your permission, except to offer you the opportunity to purchase from us, to fulfil the delivery of the goods to you, and as is necessary to process credit or debit card payments.
8.2.4 Your privacy and confidence will be respected at all times.
8.3 What Information is collected about you and how is it used?
8.3.1 When you place an order we need to collect your name, address, e-mail and telephone number as well as details of the method by which you intend to pay for the Goods. This information allows us to process your offer to purchase Goods and delivery of those Goods to you. We use your e-mail address to send you notification of the status of the order. We will contact you by e-mail or by telephone if any problems occur regarding delivery of the Goods to you.
8.3.2 This information may be provided to third party service providers for the purpose of processing your offer to purchase the goods and for the purpose of delivery of the goods.
8.3.3 We may use your e-mail address to provide you with information on products, services, promotions and special offers where you have indicated that this is acceptable by checking the box on the 'Delivery details page'.
8.3.4 If you supply your email address without placing an order, we may use this to offer you the opportunity to purchase from us. Your email address will not be used for any other purpose and will not be held on file by ourselves or any third parties after the reason for collecting it has lapsed.
8.4 Third parties
.4.1 We will not sell or pass your details to third party organisations without your permission except to offer you the opportunity to purchase from us, to fulfil the delivery of the goods to you and for the purpose of processing your offer to purchase the goods.
8.5.1 By making an offer to purchase Goods you consent to the information you provide to us being processed for any of the above purposes.
8.6.1 Cookies are small pieces of information that are sent from your browser to our web server.
8.6.2 On this web site, cookies are used to keep track of the items you place in your shopping basket. These cookies expire after 2 days.
8.6.3 We do not store any personal information in the cookie; they are designed only to collect information of an anonymous nature. We will not combine such anonymous information with your personal details.
8.6.4 You will need to ensure your cookies are enabled to allow you to purchase from our site.
8.7.1 The security of your transaction is important to us and to prevent any details being seen by unauthorised persons it is protected throughout the payment process. To do this we use a secure server to encrypt the information before it is sent to the payments processor.
8.8 Subject Access Request
8.8.1 On your written request, we will (within 40 days of such a request being received by us) supply to you details of the personal information which we hold about you. You must explain to us clearly the information you require to be supplied: we are not obliged to supply to you information which is not specifically requested by you.
8.8.2 Under the terms of the Data Protection Act 1998, we are entitled to charge you Â£10.00 for the provision of information following our receipt of such a request.
8.8.3 Once we have received your written request and payment of the fee, we will respond to your request within 40 days.
8.8.4 You should note that, under certain circumstances, we will not be obliged to disclose the requested information to you, in which case we will explain to you the reasons for our refusal.
9.1 This section provides information on your statutory rights, our 365 day returns policy (section 5.3) is offered by us in addition to these rights.
9.2 We are obliged by law to provide you, prior to the delivery to you of the goods which you have purchased, with certain information in relation to those goods and your rights in relation to the agreement with us. This information appears throughout these Terms and Conditions, and is also summarised in the Confirmation Form.
10.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which replace the Distance Selling Regulations on Friday 13 June 2014, you have fourteen calendar days from the Commencement Date ("the cooling-off period") in which to cancel this Agreement if for any reason you are not happy with the Goods which have been delivered to you. This cooling off period begins on the day after the day you receive the Goods from us. If your order contains several items which are to be delivered separately, your cooling off period begins the day after the day on which you receive the final part of your order.
10.2 If you wish to cancel the Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you must notify us of this fact within the cooling-off period. You can do so by:
· completing the Cancellation Form sent to you with your Confirmation email and returning it via email to (firstname.lastname@example.org) or phone us on 01933 274069. or by post to Wellingborough Trains and Models, 26 Market Road, Wellingborough, Northants NN8 1AT
· calling us on 01905 621 999 or 0845 224 1601 stating that you wish to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
· emailing us at (email@example.com), detailing your wish to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
10.3 On cancellation, you must return the Goods that we have delivered to you at your own expense no later than 14 days after the day on which you inform us of your cancellation. We will exchange or refund the price paid for the Goods no later than 14 days after the day on which we receive the Goods back or 14 days after the day on which we receive evidence of the Goods being returned to us. Under section 34 of the Act, we will also refund any charges for the initial delivery received unless you expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by us. In that case, we will refund any payment for delivery received up to the amount you would have paid had you chosen the least expensive common and generally acceptable kind of delivery offered by us. Unless you originally received incorrect, damaged, faulty or substitute Goods, you will be liable for the costs of returning the Goods to us, and we will not reimburse you for this.
10.4 You should return such Goods either to our store or post the Goods back to us as follows, no later than 14 days after the day on which you inform us of your cancellation:-
Wellingborough Trains and Models, 26 Market Street, Wellingborough, Northants NN8 1AT
· Goods should be adequately sealed in the original packaging where possible. Please note that the Royal Mail may reject any package that is not adequately wrapped;
· Please fully complete the returns form included with your order package, or enclose a note detailing your name, address, contact number and reason for return. This will ensure that you receive your refund or replacement goods promptly;
· Please make sure that you have addressed the package clearly with the above address. We recommend that you request a certificate of posting from the Post Office as proof that you have sent the package (the Post Office do not charge for issuing these certificates).
IMPORTANT: THIS CLAUSE 11 CONTAINS PROVISIONS WHICH RESTRICT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN CONNECTION WITH THE GOODS. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
11.1 Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
11.2 Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or wilful misconduct, or fraud or misrepresentation on our part.
11.3 To the fullest extent permitted by applicable law, we disclaim all liability for our 'employees' or 'sub-contractors' negligence.
11.4 We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites.
11.5 All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.
11.6 Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.
11.7 No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising.
11.8 Every provision of this clause 11 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.
IMPORTANT: IN THIS CLAUSE 12 YOU AGREE THAT YOU WILL BE LIABLE FOR ANY LOSS WE (OR CERTAIN PEOPLE CONNECTED WITH US) SUFFER AS A RESULT OF BREACH OF THE AGREEMENT BY YOU OR BY CERTAIN PEOPLE CONNECTED WITH YOU. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
12.1 You agree that you shall be liable for, and hereby agree to indemnify us on demand in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers or employees, and arising as a result of breach by you of this Agreement.
13.1 We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within the website. The Confirmation Form is conclusive as to the Charges and the description of the Service.
13.2 Although every effort is made to ensure complete accuracy, some prices or details shown on the website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavours to rectify any errors as swiftly as possible.
14.1 Rewards points will only be awarded to current members of the scheme and cannot be back dated.
14.2 Full Terms and conditions of the scheme
14.3 Members of the scheme shall be deemed to accept the terms and conditions of the scheme as supplementary to this agreement by making an offer to purchase.
14. Contact Details
14.1 If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, you can e-mail us at (firstname.lastname@example.org) or phone us on 01933 274069.
14.2 We shall respond to any communication received by us as quickly as we can.
15.1 The Agreement shall be governed by and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English courts. You are responsible for compliance with any applicable laws of the country from which you access our website.