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TERMS AND CONDITIONS
About Us
Tom Jolly
trades as "The Model Catalogue" using the web site domain
name http://www.themodelcatalogue.com.
The Model Catalogue
is an specialist internet model and modelling accessory retailer that
is totally committed to Your satisfaction. Please take some time to
read our terms and conditions and if You have any suggestions or comments please
email us.
Our Contact details
Please send
correspondence to The Model Catalogue, 24 Heyford Road, Catton, Norwich,
Norfolk, NR6 6GB, United Kingdom. Phone: 01603 817143 (International +
44 1603 817143) Fax: 0870 915
6286 (International + 44 870 915 6286). To send an email to us
please
click here.
Content
The content within
The Model Catalogue's Web Site (the "Site") is the intellectual
property of The Model Catalogue and its owners except where it is the
intellectual property of it's suppliers or partners. In either case
You are not permitted to use such images and / or text for personal
means unless specific permission has been granted by the lawful
copyright owner. The Site has been provided in good faith on
an "as is" basis and makes no guarantee that the information
or prices provided within are accurate, complete, current or correct.
The information provided in the Site is not advice designed to
influence a purchasing decision on the Site or
any other retailer. We take reasonable precautions to prevent
virus infection but we cannot guarantee that this Site will be free of
e-risks such as viruses.
Products
Great skill
on the part of the model builder is often required to complete a model
such that it is a realistic scale likeness of the real thing. Due to
the nature of the plastic injection moulding process and the age of
some moulds, the quality of some of the parts that make up a model
kit may not be of a standard perceived to be reasonable by the
Customer and there may be some inconsistencies between the scale model
kit and the real thing. It is in the nature of the modelling hobby to
apply skills to correct these short comings. The Model Catalogue will
retains the right to refuse liability to refund a Customer if on
opening a model kit the Customer decides a model is inappropriate for
their skill set or perceives that the standard of plastic moulding to
be sub-standard.
Our Rights
From time to time it may be necessary, or occur
outside our control, to modify or withdraw this web Site, temporarily
or permanently. We reserve the right to do so without warning or being
liable to our Customers, Visitors or other Third Parties (hereinafter
collectively referred to as "Customer", "Customers", "You" or
"Your"). It is also our right to
modify the terms and conditions without notice. It is the
responsibility of the Customer to verify that he or she agrees
with the terms and conditions before making a purchase or using the
Site for information purposes. The Model Catalogue is entitled to
refuse any order placed by a Customer on the Site or by any other
method. All orders are subject to acceptance by The Model Catalogue
and the availability of goods ordered. The Model Catalogue retains
the right to choose whether or not to enforce any clause or part of
any clause in these terms and conditions and previous action in this
respect shall not be deemed to affect the validity or enforceability
of any part of this contract at any other time. This contract shall be
governed by the laws of England and Wales and the Customer agrees to
submit to the jurisdiction of the English courts.
Force
Majeur
The Model
Catalogue shall not be liable to a Customer or be deemed to be in
breach of contract by reason of any delay in performing or any failure
to perform any of The Model Catalogue's obligations in respect of the
goods, if the delay or failure was due to any cause beyond The Model
Catalogue's control. Without prejudice to the generality of any of the
preceding statement, the following shall be regarded as causes beyond
The Model Catalogue's control: (i) act of God, explosion, flood,
tempest, fire or accident; (ii) war, threat of war, sabotage,
insurrection, civil disturbance or requisition; (iii) acts,
restrictions, regulations, bye-laws, prohibitions or measures of any
kind on the part of any governmental, parliamentary or local
authority; (iv) import or export regulations or embargoes; (v)
strikes, lock-outs or other industrial actions or trade disputes (at
The Model Catalogue or a third party); (vi) difficulty in obtaining
materials, labour or machinery; (vii) power failure or breakdown of
machinery.
Links
This Site includes links to third party web
Sites.
Customers must take responsibility for their own actions when
conducting business on any sites linked to from this Site.
The Model Catalogue is not liable for material published or goods sold
on any web site linked to from this Site.
Safety Notice
In respect
of goods sold and modelling advice provided through the Site or by any
other means The Model Catalogue
emphasizes that it is the responsibility of the customer to take
reasonable care when using the products sold on this Site and to arrange
appropriate training to reduce the probability of accidents occurring.
The Model Catalogue accepts no liability if the products are not
used in the manner they were intended for or if unreasonable risks
are taken with their use or storage. If You have any questions
regarding the use or storage of the products sold by on the Site,
please
email us.
Making A Purchase
Your
obligation is to ensure that all the details you provide in
connection with a purchase on the Site are correct. If any details
are deemed to be incorrect The Model Catalogue reserves the right to
cancel the contract.
Making a purchase could not be easier.
Simply browse the
catalogue, and put any items You wish to buy in the shopping basket by
clicking the 'Buy Now' button adjacent to the product. After You have finished selecting
Your items, click on
"Checkout" and You will be asked for a few details that we
need to complete the purchase order. All product prices listed on
this web Site include VAT. The Grand Total cost of Your order will be the
price of the goods, handling and shipping charges. 17.5% of this
figure is accounted for by VAT. We accept payment using selected
credit and debit cards through WorldPay, Paypal and Nochex and by
cheque issued using a Sterling bank account with a United Kingdom
domiciled bank.
If You are shopping from outside the
UK, You can choose to pay in US Dollars, Euros or You can pay in
British Pounds Sterling and let Your credit card
company convert the transaction into Your own currency. We accept
several payment types online through Paypal, Nochex & Worldpay (including Visa, Delta,
MasterCard, Switch, JCB, Laser, & Electron). You may send Your
credit card information via phone, fax, snail mail or over the
Internet.
The Model Catalogue considers a contract of sale binding
only upon email confirmation of dispatch of the relevant order by The
Model Catalogue. The
Model Catalogue employs a fraud prevention policy by checking the
consistency of the information provided by a Customer
placing an order, such as their address, telephone number and email. If
this information is inconsistent with records held by our partners
(such as Worldpay, BT or Royal Mail), The
Model Catalogue reserves the right to delay the dispatch of the
relevant order
until the Customer has satisfied The Model Catalogue as to the reasons
behind the inconsistency between the personal information provided and
the information held by our partners. If satisfaction is not
achieved The Model Catalogue reserves the right to cancel the
contract and return funds.
The Model
Catalogue makes available a .pdf file of inventory of products and
prices available on the site but this is not a dynamic document and
therefore the accuracy of the information cannot be guaranteed to be
up to date. Information on the Site takes precedence over this
document. The Model Catalogue retains the right to cancel a contract
based on information taken from this document by a Customer.
The terms and conditions laid
out in this document dictate all contracts of sale between The
Model Catalogue and its Customers. The terms and conditions of this
contract do not affect consumers' statutory rights.
Shipping And Handling
We deliver to the UK, the European Union and
many other countries. This list changes frequently so for an
up-to-date list of countries we ship to please create a dummy order
by putting any item in the
shopping basket and proceed to stage two of the checkout process (this
infers no contractual obligation at this stage in the checkout
process). You will find a drop-down menu of all the countries we
ship to. In the same manner shipping methods available for a
particular order are provided to the Customer on the Site in the
checkout process. The Model Catalogue retains the right modify
shipping choices on the Site from time to time.
Orders
will in the vast majority of cases be dispatched the following
morning. The Model Catalogue reserves the right to modify the method
of delivery at it's own discretion, although this will never be to
an inferior service to that paid for by You; neither will it affect
the price paid by You. It is incumbent on You, the customer, to buy
additional insurance if You feel it
necessary. The cost of postage will depend primarily on the
approximate combined weight of the products ordered and the packaging. The
handling charge reflects a fixed cost for packaging and the
cost of labour involved in processing Your order. Prices for Royal Mail postage can be
found on their web site (http://www.royalmail.com).
Delivery
is deemed to take place when the goods are delivered to the
Customer's nominated address or handed over to the Customer or an
appointed representative of the customer at a third party location
such as a Royal Mail sorting office. From this moment on all risks
of loss, breakage, and any other damage accidental or otherwise
shall pass to the Customer.
Delivery Schedule
If received
on a normal working day (Monday to Friday except for UK Bank and other
National
Holidays), we will process Your order that day. In the majority
of cases it will enter
the postal system the following normal working day morning just before noon (British
Standard Time). The Model Catalogue makes every effort to meet the
targets agreed with the Customer, but does not accept liability for
failure to deliver within the agreed timescales when the cause is
beyond it's reasonable control, such as delivery company failure or
when a supplier fails to deliver on time. In these situations The
Model Catalogue will email the Customer explaining the nature of the
delay. If so desired a Customer is permitted to cancel the contract
at this point.
Back Orders
If an item ordered is out of stock resulting in a
delivery delay, The Model Catalogue will inform the customer within 48
hours. If the order hasn't been completed within 30 days of expected
delivery date, the customer is within their rights to cancel the
contract and receive a full refund from The Model Catalogue for the
part of the order not delivered.
Security of Personal and Credit Card Details
Sensitive
personal information declared to The Model Catalogue is submitted
using SSL (Secure Socket Layer) encryption. The Model Catalogue does
NOT hold electronic records of any credit card numbers used to
settle contracts entered into between Customers and The Model
Catalogue. All online payments are conducted on our payment
partners' web sites (Paypal, Worldpay & Nochex). Credit card numbers
and personal details are encrypted when they are sent to or from these web sites.
Our Guarantee
We always aim to guarantee
Your satisfaction.
We are obliged to allow You to cancel an order at any time up to the
end of the 30th working day, starting from the day after receipt of
the goods. However, we offer a 5 year money-back guarantee on any
purchase from us subject to certain reasonable conditions.
The Model Catalogue must be notified in writing by email,
fax or letter of a Customer's desire to cancel a contract. A refund will be
made within 30 days of the physical return of the order. The Customer must take reasonable
care to safeguard the goods while in their possession and return
them to The Model Catalogue in the condition they were received.
Please be sure to package the goods in the same manner in which
they arrived. If this condition is not complied with and the goods
arrive damaged, we retain our right to be compensated
accordingly. If the customer chooses to send the goods back by Royal
Mail, he or she is responsible for their safety until it has been
delivered to and accepted by someone representing The Model
Catalogue. You may wish to secure a stamped certificate of posting from
the postal clerk or pay for 'Signed For' delivery. This will enable
You to pursue compensation from
Royal Mail if the package does not arrive at The Model Catalogue's
premises. If
the Customer chooses not to return the goods, The Model Catalogue
can arrange for them to be collected, but the cost will be deducted
from the refund.
Pricing, Sale
& Offer Policy
The Model
Catalogue reserves the right to modify prices from time to time and
without notice. The Model Catalogue submits product information to
shopping comparison sites, such as Froogle, but these prices are not
a live feed and therefore the price on the comparison site may
diverge from the price on the Site as time passes away from the last
upload of product information. The price which takes precedent in
all cases is the price shown on the Site.
On occasion
we offer items for sale at varying discounts from our normal price. It
is not intended that individual customers buy large numbers of items
that are on sale. As such we reserve the right to restrict the
quantity purchased per person to one item. We also also reserve the
right to apply the sale price only to those items that are in stock:
once an item goes out of stock during a sale we reserve the right to
cancel any contract subsequent to that time, irrespective of
whether or not the Site has been updated in time to reflect that the
item is out of stock.
The Model
Catalogue makes every effort to ensure that prices and description
quoted on the Site are correct and accurate. However because we are
human mistakes are possible. Where obvious errors or omissions have
been made The Model Catalogue retains the right the cancel a
contract whether or not monies have been accepted by a payment
partner such as Paypal. An obvious error or omission shall be deemed
to be a variance greater the 15% from our normal price.
Tax Charges
All prices on the web
Site include UK VAT (sales tax)
at 17.5%. Unfortunately we are currently unable to deduct VAT from
orders placed by customers living outside of the European Union.
Privacy Policy
The Model Catalogue NEVER discloses buyers' information
to third parties. Cookies are used on this shopping Site to keep track
of the contents of Your shopping cart once You have selected an item
and Your details if You select the 'Remember Me' option. Data collected by
this Site is used to: a. Take and fulfill Customer purchase orders b.
Administer and enhance the Site and service c. contact customers
from time to time with information about the site or the products we
offer for sale.
Who should I contact if I have a question with
regards to privacy?
Tom Jolly is responsible for ensuring The Model
Catalogue Privacy Policy is adhered to. Please leave a message at the
helpdesk. He will
deal with Your query within 48 business hours.
What information is collected and why?
We only collect personal information from
You if You place an order or subscribe to any of our online tools
such as the Mailing List, or the Discussion Group. Unless sent from
the home page information is encrypted using SSL when sent from Your browser to our server.
If you wish to encrypt all information sent and received this is
possible by replacing "http:" with "https:" on any page on the Site,
however this will slow down your page loading speed.
The information
we collect at The Model Catalogue when You place an order is only
essential information such as Your name, address, telephone & fax
numbers and Your order details, to allow us to get Your order to You
in good time and make sure we have a way of contacting You if we have
problems fulfilling it. All financial information is submitted to the WorldPay, Paypal or Nochex server depending on
Your preferred payment method: The Model Catalogue does not receive
any credit card details from the customer when an online purchase is
made. For more
information about our payment providers (Worldpay,
Paypal & Nochex)
please visit their web sites.
Who is collecting the
information and how?
All information collected on the web
Site is
input
into browsers by customers and submitted to our host's server for
brief storage or emailed directly to PCs in our office. Reasonable
firewall and anti-virus precautions are taken to ensure this information is
and will remain protected and secure.
Can You opt out of receiving
communications from us?
When You place an order with us we will use
Your email
address to stay in touch with You. The most common method is through
our Mailing list. If You do not want to receive emails from us, simply email unsubscribekitchat@themodelcatalogue.com
(with 'unsubscribe' typed in the subject)
and Your email address will be removed from all outgoing Mailings
unless you incept a correspondence trail by emailing us or we need
to contact you to complete an order you have placed with us.
Do we share customer details with third parties?
Absolutely NOT.
We will never, ever share Your details with any third party.
Returns Policy
Products ordered from The Model Catalogue should
arrive in perfect condition. If this is not the case please return the
goods to The Model Catalogue, using the method described in the Customer
Helpdesk page. A refund will be processed accordingly.
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