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The Railway Shop Terms and Conditions The Railway Shop Terms and Conditions

The following Terms and Conditions apply to all transactions on www.grosmontrailwayshop.co.uk. The placing of an order indicates your acceptance of these Terms and Conditions. Please read them carefully and print a copy for future reference.

These Terms and Conditions do not affect your statutory rights. To order goods through this website you must be at least 18 years of age. We will treat each order for goods as an offer by you to purchase the goods subject to these Terms and Conditions.

It is only when we have despatched the goods to you that we have a binding contract and it is only at this point that the items will be charged to your credit or debit card.

We have the right to refuse at our discretion to supply any goods ordered by you.

Description of Goods/Warranty and Liability

Although we warrant that the goods will, at the time of delivery, correspond to the description given by us, it is not practical to publish detailed specifications of all the products we sell. All images, descriptive matter, specifications and advertising are for the sole purpose of giving an approximate description of the goods. Full details are available from the original manufacturer.s brochures and websites. Except where the consumer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or conditions of the goods whether implied by Statute, Common Law or otherwise are excluded and the customer warrants that the customer is satisfied as to the suitability of the goods for the customer.s purpose. Goods are not sold on a trial basis.

If you buy goods which have no published technical specifications, it is your responsibility to establish the suitability of the goods for your intended purpose.

Typographical Errors

In the event that a product is listed at an incorrect price due to a typographical error or error in pricing information from our suppliers, we shall have the right to refuse or cancel any orders based on the incorrect price whether or not the order has been confirmed.

Product Images/Specifications

Whilst we endeavour to ensure all images and specifications are correct at the time of publication, they do vary. As such we can accept no responsibility for incorrect images/specification. If, however, you spot a mistake with an image or with a product specification please let us know.

Payment Method

This is a UK site only. Orders will only be accepted with a UK delivery address and paid for only with UK credit or debit cards. On the order you must provide us with your exact address and telephone number that your credit/debit card issuer has on file for you. Your order will only be processed once authorisation of your credit/debit card has been properly received.


Availability of Goods

All products are subject to availability and may be withdrawn at any time. However it is our policy to contact you if a product is out of stock and, if you do not wish to proceed with the order, or for any reason we cannot supply the product, we will arrange for the order to be cancelled.

We offer a range of products that are obtained directly from our suppliers. These products are subject to supplier.s stock availability and delivery dates made by the supplier.s own delivery services. It is our policy to contact you to explain the stock and delivery situation with these products. Again, if you do not wish to proceed with the order, we will arrange for it to be cancelled.

Delivery

Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.

Unless otherwise agreed we may deliver by instalments. Should the customer request for the delivery to be made by instalments a further agreed carriage charge will be applicable.

Delivery of the goods shall be made to the customers address, unless otherwise specified, and the customer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.

Time Limitations for Notification of Claims

Damage in Transit

As internal damage cannot always be identified on delivery, the customer must sign the carrier.s manifest as .unchecked.. Should any damage be identified on opening the package, The Railway Shop must be advised within 24 hours of the exact damage. It is imperative that the customer does not dispose of any of the packaging, as this may be required to effect a claim against the carrier.

The claim will be handled by The Railway Shop, to whom the customer must return the damaged goods, together with any original packaging. Replacement goods will be sent at no additional cost to the customer.

Shortages

It is the customer.s responsibility to sign for the correct number of packages that are delivered. The customer is required to check that the number of packages delivered correspond to the number of packages on the carrier.s manifest/consignment note. Any shortages must be notified on the carrier.s manifest and it is the customer.s responsibility to thereafter notify us within 24 hours of delivery.

Should the customer be missing an item, but have signed for the correct number of packages, the customer must notify us within 24 hours of delivery. The customer will be required to provide full details of the missing item(s) and quote our relevant order number. The matter will be investigated and replacement goods sent once we are satisfied the claim is bona fide.

Incorrect Goods

It is the customer.s responsibility to notify us of any incorrect goods supplied within 48 hours of delivery. If the items are not as ordered, the customer must not open the manufacturer.s packaging or use the item. The customer will also be required to provide an exact description of what was received and we may require this to include manufacturer.s part numbers/codes.

Non-Deliveries

We will not accept liability for goods lost in transit unless we are notified within 5 days from the expected delivery date. This is the date advised on the customers automated despatch note that is e-mailed to the customer once the goods have left our warehouse.

The Railway Shop shall accept no liability for goods damaged in transit, shortages, incorrect goods and non-deliveries, either notified outside the above timescales, or not returned according to our explicit instructions. Should there be any extenuating circumstance that has prohibited the customer from notifying within the specified time frame, resolution will be by mutual agreement.

Product Guarantees

All products supplied are covered by the terms and conditions of the original manufacturer.s guarantee for a period of 12 months or longer, if relevant, and is in addition to the consumers statutory rights.

Cancellation of Orders

Orders cancelled after despatch of the goods will be subject to credit only once the items are returned to us and receipted back into our warehouse. If the items are accepted, opened and used, the Distance Selling Regulations will apply. In all instances, goods must be returned as new, with no blemish, defect or parts missing, neither must the manufacturer.s original packaging show any damage or be defaced in any way. Should the items/packaging show any damage or be incomplete and defaced in any manner a fee equal to at least 25% of the cost of the goods shall apply, and will automatically be deducted from the credit issued.

Items no Longer Required

If you are not totally satisfied with your purchase, you can return it within 7 days of receiving the goods for a refund, provided it is in pristine condition, in its original box and manufacturer.s packaging.

The customer will be responsible for the safe return of the goods. Goods must be returned as new or in the same condition they were received. There should be no damage, all parts and items must be returned, all packaging must be included and the manufacturer.s packaging must not be defaced in any manner.

Before returning the goods the customer must obtain a returns advice authorisation and number from The Railway Shop. Only once the returns advice has been authorised do we accept that the goods may be returned. The returns advice number must be clearly marked on the outer packaging only and not on the manufacturer.s packaging. Any item returned without a returns advice number will be rejected and returned to the customer. We do not refund carriage charges applied to the initial order and neither do we pay for the cost of returning the goods to us.

Only complete products will be accepted. Therefore please ensure that all additional enclosures such as manuals or DVDs are all returned. Adequate packaging must be used to return the goods. Adequate packaging constitutes that the item is wrapped securely and then placed inside a box in order for the item to return to us with no internal or external damage. Items that are not securely wrapped when returned may be subject to forfeiture of the refund if damage has occurred in transit.

We reserve the right to reject any item(s) that do not meet the criteria laid out above. A restocking fee of up to 25% of the original invoice value may be levied on items returned after 7 days of the goods being delivered.

Faulty Goods

If you think that the product you have purchased is faulty you must return the goods to us adequately packed, enclosing a brief description of the problem. If we agree the product is faulty we will send you a replacement. On occasion we may refer you to the manufacturer, who will arrange for a repair and return direct to you. This does not affect your statutory rights.

A restocking fee of up to 25% of the original invoice value is charged on returns that prove not to be defective, such fee being non-negotiable.

Refunds

If for any reason you are issued with a refund, please note that all refunds will be issued to the same payment method as on the original order. When a refund is processed you will receive an e-mail notification.

You should allow up to 10 working days for the refund credit to be processed, although we do, however, reserve the right to refund you within 30 days of the return. A refund will usually reach your credit/debit card account within 4 working days after it has been processed.

Liability

Except as may be implied by law and except in the case of death or personal injury where the customer is dealing as a consumer, in the event of any breach of these Terms and Conditions by us the remedies to 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 damages.

Force Majeure

We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any goods by any reason or cause beyond our control.

No Waiver

Our failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default of the customer in performance or compliance with any of these Terms and Conditions.

Severability

In the event that any, or any part, of these Terms and Conditions shall be determined invalid, unlawful or unenforceable to any extent such term, condition or provision shall be severed from the remaining Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

These Terms and Conditions shall be construed in accordance with English Law.

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