Terms and Conditions
MODELSPORT LIMITED (t/a MODELSPORT UK)
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS
IMPORTANT: PLEASE READ
We draw your attention to these terms and conditions which apply whenever you buy goods from us online. Please read them carefully before you proceed to make your purchase as they explain important information about the basis on which we will sell goods to you. By placing an order you agree to be bound by these terms and conditions. You may wish to print and keep a copy of these terms and conditions for your records.
means our website at www.modelsport.co.uk
means the goods we will supply to you in accordance with these Terms and Conditions
means an order which you place with us, detailing the Goods you wish to buy
means Modelsport Limited, trading as Modelsport UK, registered in England with company number 06072148 with registered office at 26 Gay Lane, Otley, Leeds, West Yorkshire, LS21 1BR. Our VAT registration number is 171 9645 40.
means you, the person using our Website to buy Goods from us.
1. How these Terms and Conditions apply
1.1 The Terms and Conditions ("Terms") apply when you buy Goods on the Website. They apply to all Orders. We may amend the Terms from time to time and it is your responsibility to read these Terms each time you use this Website.
1.2 When you use the Website, we may gather information about you and your visit to the Website. Information about this can be found in our cookies and data protection policies. Those documents together with these Terms form the contract between us ("Contract").
2.1 The information on this Website is in English, all communications shall be in English and the Website is designed to comply with English law. You may be viewing the Website in a market in which we do not commonly sell our goods and we cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its content.
2.2 You can write to us at the address shown above. Our retail shop and showroom are also situated at that address. Our contact telephone number is 01943 466 535 and our fax number is 01943 850810. Our email address for any enquiries is email@example.com.
2.3 We take care to provide information on our Website which is as accurate as possible. However, sometimes there may be errors on our Website or the specification from a manufacturer may change. We also aim to ensure that product images are accurate but there may be slight variations between the Goods and the images shown with regard to colour and product contents. All images are therefore provided for illustration only. If you purchase something which is based on information on our Website which is incorrect, we will usually refund the item.
3. Our agreement for the sale of goods
3.1 The Website displays Goods for sale and gives information about them. By advertising Goods on the Website, we are inviting you to place an Order. If you place an Order, we are not obliged to accept it and the Contract between us will only be formed if and when we accept your Order.
3.2 You may include any number of items in an Order, subject to any restrictions we may stipulate from time to time. Each Order which you place is a separate Contract between us.
3.3 Any terms and conditions which you may refer to at any time shall have no effect. Any variation of the Contract must be confirmed in writing by us.
The following explains the process you will go through to place an Order and how the Contract for the sale of Goods will be formed.
Step 1 - Choosing your Goods
You can select Goods for purchase by clicking on the items you are interested in and then clicking on "Add to Basket". Please read the entire product description and consider any other items that may be required in order for that product to operate.
Step 2 - Reviewing Your Basket
You can review the products added to Your Basket and change the contents. You can also enter a promotional code or gift voucher number. Entering a valid promotional code and clicking 'Validate Codes' will update the total. You will also be given delivery options on this page.
Step 3 - Going to Checkout and Customer registration
Once you have finished shopping, you can proceed by clicking on 'Go To Checkout' or 'Checkout with PayPal' (PayPal Express). At this stage, you will be asked whether you agree to these Terms.
If you select 'Go To Checkout' you will then be asked if you are a new or returning customer. To register you will be asked for your contact and billing details and to create a password. We will then store that information so if you place further Orders, you will not need to re-enter all your details and you will be remembered as a returning customer. Returning customers will be asked for a password and email address to login, each time an Order is placed. If you select 'Pay with PayPal' we will automatically create your registration, unless a previous registratiuon has been completed, based on the information provided by PayPal. You will be asked to confirm the delivery address of the Order.
Step 4 - Order Summary and Payment Information
You will then see your Order summary. Please check the details very carefully and correct any mistakes or change the Goods which you want to Order.
If you selected 'Go to Checkout' you will be asked to choose a payment method and then will be taken to the appropriate page depending on how you wish to pay. Please enter all payment details correctly and check the information carefully before placing your Order. Once you confirm the payment details, your Order will be placed and if paying by PayPal the payment will be taken. If you have selected Card payment, no payment will be taken until we dispatch the Order.
Step 5 - Order Confirmation
Once we have confirmation that payment is authorised, a screen will appear, thanking you for your Order. We will send to you an Order acknowledgement email detailing the Goods you have ordered. Print a copy of the Order acknowledgement email and keep it for your records.
5.1 We may refuse an Order if we decide it is reasonable to do so which may include where:
5.1.1 we are unable to obtain authorised payment or the payment process is incomplete; or
5.1.2 we identify a product or pricing error on the Website; or
5.1.3 you fail to meet any criteria for eligibility of purchase which we impose; or
5.1.4 you fail to submit all necessary and relevant details to allow us to fulfil the Order; or
5.1.5 Goods are unavailable or out of stock.
5.2 We may contact you by telephone or email to verify details before we are able to process and dispatch your Order or we may be unable to accept it. For example, we may do this if your Order is of particularly high value, or, if paying by Card, you request a different delivery address.
5.3 The Goods shown on this Website are intended for private use and you must not resell Goods in bulk or offer them as a commercial enterprise. We may at any time, limit the total value of Goods which can be included in an Order.
6.1 Prices and delivery charges are as shown on the Website at the time of Order. Prices include VAT where applicable and are in pounds sterling by default. You may view prices in different currencies on our Website but Orders are always charged in pounds sterling and you should verify any applied exchange rate before placing your Order. Delivery charges are shown separately.
6.2 We may amend prices at any time. Where there is a difference between a price at the time the Order is made and when it is accepted by us, we will inform you by email or phone and ask if you wish to proceed. If you decline and for any reason payment has already been taken, it will be re-credited.
6.3 Offers and promotions on the Website are subject to availability and we may change or withdrawn them at any time without notice. Additional terms may apply, details of which will be displayed.
6.4 We must receive payment for the Goods in full before they are dispatched.
6.5 We accept payment via Paypal and most major credit and debit cards including Visa and Mastercard or bank transfers. You must only use a card if you are the named cardholder. By placing an Order, you confirm that you are the authorised cardholder. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, we will not accept your Order and will not be liable for any delay or non-delivery.
6.6 Goods which are out of stock at the time we receive an Order, will be held as a backorder. Any backordered Goods will be shipped when they become available to us. If Goods are no longer available, the Order will be cancelled and where required a refund will be issued. If we do not have sufficient stocks of Goods, we will notify you by email or phone. We will do this as soon as possible and by no later than 30 (thirty) days following the initial Order date. We will not be responsible for any compensation if Goods which you order are not available for any reason.
6.7 While we try to ensure that all prices on our Website are accurate, errors may occur. In the case of obvious error in the price of Goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled. If the Order is cancelled and you have already paid for the Goods, you will receive a full refund.
6.8 For items with a future release date, the price may be subject to change between the time of Order and the date the item is dispatched. If we discover a rise in the price of such Goods we will inform you as soon as possible and you may reconfirm your Order at the revised price or cancel. If we cannot contact you, we will treat the Order as cancelled. If so and you have already paid for the Goods, you will receive a full refund. If the price is lower on the release date, your Order will automatically be adjusted to the lower price.
If You Change Your Mind
This section 7 applies where you exercise a cooling off right. Clauses 7.1 to 7.15 are not intended to cover situations where there are defects or other problems in which case, refer to Clauses 7.16 to 7.23.
7.1 You have a right to cancel the Contract for any reason at any time within a 14 (fourteen) day cancellation period. This period is extended to 30 (thirty) days for faulty/damaged goods. This period begins on the day after you (or any person who you nominate to take delivery), receive the Goods. This is the "cooling off period".
To cancel, you may tell us in writing. You may use the cancellation form available on our Website but are not required to use it. You can also inform us by post or e-mail. Alternatively, you can simply return Goods to us during the fourteen day cooling off period instead. Our details are:
Modelsport Limited (trading as Modelsport UK)
26 Gay Lane
Email address: firstname.lastname@example.org
7.2 To meet the cancellation deadline, it is enough if you tell us that you want cancel before the cooling off period has expired.
7.3 You must also keep the Goods in a re-saleable condition (i.e. not fitted or used, dirty or muddy), in their original packaging. You should send back the Goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you tell us you wish to cancel. The deadline is met if you send back the goods before the period of 14 days has expired. We also ask that you send a copy of your receipt when you return the Goods. It is also helpful if you can give a reason for a return though this is for our information only and will not affect your rights.
7.4 If you exercise your rights, we reimburse you without undue delay not later than14 days after the day we received the Goods back from you or (if earlier) 14 days after the day you provide evidence that you have returned the Goods or if there were no Goods supplied, 14 days after the day on which we are informed about your decision to cancel.
7.5 Reimbursement is usually via the same method as the original payment but we may use a different method which we both agree to. You will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the Goods back or you give us evidence of having sent back the Goods, whichever is earliest.
7.6 We will refund the full price of the Goods plus any delivery charge you paid when we sent the Goods to you. However, if you paid for an enhanced delivery service, we will not reimburse those additional delivery charges which you paid.
7.7 If you ordered more than one product and you want to return only some items you may not be entitled to a refund of the delivery charge.
7.8 The cooling off rights will not apply in the case of bespoke or special, made to order Goods.
7.9 You are responsible for the cost of returning Goods to us.
7.10 If you do not return the Goods, we may arrange for collection and recover from you our direct costs of doing this either by reducing the amount of the refund by the collection cost or otherwise as is reasonable. This will not affect your rights if the Goods are faulty.
7.11 You must take good care of the Goods while in your possession. If you fail to do so and the value of the Goods reduces as a result of how you handle the Goods before exercising your cooling off right, we may withhold the amount which may otherwise have been due to you as reimbursement and recover that amount from you up to the amount of the price you paid to us under the Contract.
7.12 This does not preclude your right to handle the Goods to properly look at them as you may otherwise do in a shop to look at the Goods and their characteristics
7.13 When you return Goods you remain responsible for them until we receive them back. You should therefore ensure that Goods are well packaged and insured.
7.14 You should avoid attaching postage labels or similar to the packaging directly. Please wrap Goods first before attaching any labels.
7.15 We shall not be obliged to accept returns following the end of the cooling off period but if we do, it shall be at our discretion and subject to a restocking charge. Again, this does not affect your statutory rights if the Goods are faulty.
Faulty, incorrect, missing or damaged Goods
7.16 The Goods usually come with a manufacturer's warranty. The scope and duration of the warranty varies from product to product and will usually cover manufacturing defects but not damage cause by crashing, abuse, water ingress or general wear and tear or if Goods have been misused, altered or repaired without our approval. You should refer to the terms of the warranty supplied with the Goods. You may contact us in the first instance and we will usually inspect the Goods and may be able to deal with your query through a phone call or email. You should not make any further use of Goods where you discover a defect as this may affect your rights under the manufacturer's warranty. Any Goods which need to be returned for these purposes should always be clean and not covered in dirt. You should also complete any warranty card details to claim under a manufacturer's warranty and provide a copy of your receipt together with a note detailing the problem and the reason for the return.
7.17 You should inspect the products when you receive them for defects or damage. Items delivered by courier which are clearly damaged on delivery must be signed for as such or refused and returned to us.
7.18 Where Goods have been damaged in transit but we are not immediately notified in accordance with Clause 7.10, please let us know as soon as possible. All such damaged Goods should be returned to us, should be in their original packaging (even if damaged) and must not be used or fitted (as appropriate). Please also provide a copy of your receipt and avoid attaching postage labels or similar to the packaging directly. Please wrap Goods to be returned first, before attaching labels.
7.19 If we have dispatched an incorrect item, if you wish we will make an exchange and pay agreed costs of returning the item. For large or valuable items, please contact us in the first instance and we will arrange a courier instead where we feel this is appropriate.
7.20 Non-delivery of an Order should be reported to us as soon as possible so that we can try and remedy the situation without undue delay. Please let us know if you have not received your Order within 7 working days of the date of dispatch so that we can start investigating as soon as possible. Dispatch is confirmed by e-mail. If an item is lost in transit, we may not dispatch a replacement immediately. Resent or replacement items will be dispatched at our discretion or subject to availability, once all tracking and investigative avenues have been exhausted.
7.21 Any refund will also include delivery charges. If we do not find any fault or defect then your cancellation and refund rights are limited to those set out also in Clauses 7.1 to 7.14 above though this does not affect your statutory rights.
7.22 You must take good care of the Goods while in your possession. If you fail to do so and the value of the Goods reduces as a result of how you handle the Goods before returning them to us and where you have caused the damage as opposed to that damage being cause in delivery then we reserve our right to withhold that amount which may otherwise have been due to you.
7.23 If you return Goods either because you believe they are faulty or because you change your mind, we ask that Goods be accompanied by a form of proof of posting.
8.1 NOTHING IN THIS CONTRACT OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY WHICH WE ARE RESPONSIBLE FOR IN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
8.2 TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, FOR NEGLIGENCE OR FOR ANY OTHER LEGAL LIABILITY IN RELATION TO THE GOODS OR THIS CONTRACT OR OTHERWISE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THE PRICE OF THE GOODS PAID BY YOU FOR THOSE GOODS WHICH ARE THE SUBJECT OF THE LIABILITY AND ANY REASONABLE LOSSES WHICH ARE FORESEEABLE AS A DIRECT CONSEQUENCE OF US BREAKING OUR CONTRACT WITH YOU.
8.3 EXCEPT UNLESS WE EXPLICITLY STATE ELSEWHERE, WE SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT OR SPECIAL LOSSES WHICH HAPPEN AS A SIDE EFFECT OR CONSEQUENCE OF ANY MAIN LOSS OR DAMAGE OR FOR ANYTHING WHICH WE OR YOU COULD NOT REASONABLY ANTICIPATE. THIS INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING, HOWEVER THEY ARISE:
8.3.1 LOSS OF MONEY, PROFIT, INCOME OR REVENUE;
8.3.2 LOSS OF SAVINGS;
8.3.3 WASTED EXPENSES;
8.3.4 LOSS OF USE OF MONEY;
8.3.5 WASTED TIME COSTS;
8.3.6 LOST OPPORTUNITY;
8.3.7 COMPENSATION FOR DISAPPOINTMENT OR INCONVENIENCE.
8.4 IT IS VERY IMPORTANT THAT YOU FOLLOW ALL INSTRUCTIONS FOR THE USE OF THE GOODS AND THAT YOU READ AND ADHERE TO ALL WARNINGS AND OTHER PRODUCT INFORMATION WHICH IS SUPPLIED WITH THE GOODS. THIS INCLUDES INFORMATION WHICH ACCOMPANIES ANY SPARE PARTS OF ANCILLARY ITEMS SUCH AS BATTERIES OR MOTORS. YOU SHOULD READ ALL SUCH INFORMATION BEFORE BEGINNING TO USE THE GOODS. WE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY FAILURE BY YOU TO FOLLOW INSTRUCTIONS PROPERLY, OR FOR ANY INCORRECT OR IMPROPER USE OF THE GOODS AND YOU SHOULD SATISFY YOURSELF THAT ITEMS ARE SUITABLE FOR THE TYPE OF ACTIVITY THAT YOU WISH TO USE THEM FOR.
9.1 We aim to deliver Goods within the indicative timescales on our Website. However, we cannot guarantee delivery times, for example if things beyond our control happen. Therefore we will not be responsible if Goods are delivered outside indicated timescales and we will not be liable for the consequences of delay. We will however, deliver Goods without unnecessary delay and within 30 days from the date of your Order unless an item is out of stock or subject to future release (see below). If we are unable to deliver the Goods within the indicated timescale, we shall use reasonable efforts to tell you and give an updated delivery time.
9.2 If you order more than one product, we do not guarantee that all Goods will be delivered in one delivery and we may deliver in instalments.
9.3 Ownership of Goods will only pass to you when we receive full payment including delivery charges. Goods will be at your risk from the time of delivery and you should therefore take reasonable care of them.
9.4 Goods will be delivered to the delivery address provided in the Order process. You must provide a valid address for delivery. The delivery method we use may vary depending on the nature and number of Goods. We shall select the most appropriate delivery method for the Goods.
9.5 We will pass your delivery details, which will include your personal details, to our third party couriers. By providing such details, you specifically agree to us using them for these purposes.
9.6 Express delivery to mainland UK destinations is usually next day, although not guaranteed. We request mainland UK customers requiring this service to place their order before 2.00pm.
9.7 Our FREE Express Delivery applies to orders despatched in their entirety. Where an Order is for more than one item and one or more items are temporarily unavailable resulting in a despatched order value under £99.00, the Order will be shipped on a FREE Standard Service.
9.8 International orders are shipped using a trackable and insured carrier service where applicable.
10. Gift vouchers and credit vouchers
10.1 Gift vouchers may be redeemed as full or part-payment for Goods. Our vouchers contain a unique voucher code so they can be used online, via mail order and in our store.
10.2 Multiple vouchers may be redeemed against a single purchase.
10.3 The Goods total must be equal to or exceed the voucher totals. No change can be given and Vouchers cannot be redeemed against shipping or postage costs.
10.4 Gift Vouchers may not be exchanged for cash at any point.
11. Pre-Owned and Ex-Display items
11.1 We frequently stock pre-owned and ex-display models and equipment. Pre-owned items are second hand, used products. All items are thoroughly checked and tested by our service department prior to being listed on our Website.
11.2 Each item is listed with its own individual description detailing the condition, specification and key points like upgrades or improvements along with an image gallery showing the actual item.
11.3 Although we cannot offer a full warranty on pre-owned models we ensure each item is in fully working order prior to being sold and provide a one month limited warranty. This does not affect your statutory rights.
11.4 Ex-display items are products which have been out of the box and displayed in our showroom. These items will not have been used and carry the full standard manufacturer's warranty.
12.1 We will not be in any way responsible to you for a failure to sell Goods which you wish to buy or otherwise for a failure to comply with our obligations or any costs or liabilities you incur as a result of any circumstances beyond our reasonable control including but not limited to if we are affected by matters beyond our reasonable control, by way of example only flood, fire, trade dispute, lack of third party materials or services.
12.2 The Contract between us is binding and our obligations are owed to you, our named customer only. We may transfer or assign our rights and obligations under the Contract or appoint third parties to assist us at any time provided that this will not reduce our obligations to you.
12.3 If any clause of this Contract is found in any way to be void by a Court or other competent authority then all other clauses of the Contract will continue to apply.
12.4 If either of us does not at any time act on any rights we have, it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.
12.5 This Contract is subject to English law and we each agree that any dispute arising under or connected to it will be decided by the English courts. If you are a consumer in an overseas jurisdiction including Scotland or Northern Ireland, this will not affect your rights to bring a claim in your local courts or otherwise affect any statutory or other local law protections which you have.
12.6 No changes to the Contract will bind us unless we agree to them in writing. Where you have already placed an Order which we have accepted, the Contract will remain subject to the version of the Terms which were in place at the time at which you placed the Order.
12.7 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to you which that law does not allow us to change or limit.
12.8 A person who is not party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it which means that only we and you have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
12.9 The Contract is the entire agreement and understanding between us and all other statements and terms whether written or verbal are excluded to the fullest extent that the law permits.
12.10 We are committed to trying to achieve your complete satisfaction as our customer. If you have any complaints please contact or write to the address above.
12.11 These Terms are not intended to set out the full extent of your rights either in relation to your cooling off rights or other consumer rights. Your Local Citizens Advice or similar will be able to provide you with more information about your legal rights.