In these conditions the following expressions shall have the following meanings.
1.1 "the company" shall mean The Model Centre and also where the content so permits any subcontractor for the said company.
1.2 "Goods" shall mean the article or thing or any of them described in the contract between the company or the buyer for the sale or supply of goods.
1.3 "The Buyer" shall mean the person, firm or company with whom any contract to sell goods is made by the Company whether directly or indirectly through an agent or factor who is acting for or instructed by any such person firm or company of whose actions are subsequently to the contract ratified by the actual buyer.
1.4 "Company's Premises" shall mean the premises mentioned in the Company's quotation or other contractual document or if not so mentioned shall mean the Company's works at The Model Centre, Hill Farm, Beckhole, Whitby, YO22 5LF.
2. The Website
2.1 This website (the Website) is operated by TMC The Model Centre.
2.2 All of the goods on this Website are offered by (we/us) which will be the contracting party for any order that you place.
3.1 These Terms and Conditions of Sale apply to all transactions for the sale of goods on the Website. Please read them carefully. They do not affect your statutory rights.
3.2 We may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on the Website.
4. VAT Deductions (Outside the EU)
4.1 VAT will be deducted after the order has been placed and paid for, you will recieve an email from sage pay when this has been done if this is the payment method that you have chosen. VAT Number: 926 7908 82
5. Prices and Promotions
5.1 All prices and charges on the Website are shown in UK pounds sterling. They include any VAT payable (per item) but exclude delivery charges.
5.2 We are not responsible for any other importation taxes, sales taxes or charges that may be levied at the delivery destination.
5.3 On occasion, the prices payable and promotions offered in respect of goods advertised on the Website may differ from those prices and promotions offered in publications we advertise in.
5.4 We are under no obligation to honor any price or promotion in the event that they differ from those on the Website.
5.5 Although we endeavor to ensure that all pricing information on the Website is accurate, occasionally errors may occur and goods may be wrongly priced. If we discover a pricing error we will, at our discretion, either contact you and ask you whether you wish to continue with the order at the correct price or notify you that we have cancelled your order.
5.6 We will not be obliged to supply goods at the incorrect price.
5.7 Prices that are reduced for sales and promotions are only valid for the specified period.
5.8 We reserve the right to adjust prices, offers, goods and specifications of goods on the Website at our discretion at any time before we accept your order.
6.1 You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order.
6.2 All orders made by you through the website are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
6.3 After submitting an order to us we will send you an order acknowledgement email with details of the goods that you have ordered.
6.4 Please note any such email is an acknowledgement and is not an acceptance of your order.
6.5 Information concerning stock availability may not available on the Website. Some items may not be available at all and we will advise if this is the case.
6.6 We endeavor to keep availability information as up to date as possible, however it may be subject to change.
6.7 We will do our best to contact you in the event of changes affecting an order you have placed.
6.8 Acceptance of your order and the formation of a contract between us will take place when we send you an email confirming that the goods you have ordered have been despatched to you unless we have notified you that we do not accept your order or you have cancelled it.
7. Right To Withdraw Goods
7.1 We reserve the right to withdraw any goods from offer on the website at any time.
7.2 We will not be liable to you or anyone else for withdrawing any goods from the website.
8.1 The total cost of your order is the price of the goods, plus any card processing and delivery charges, and will be confirmed to you.
8.2 Payment can be made by most major credit or debit cards.
8.3 Payment will be debited from your account before despatch of the goods to you.
8.4 You confirm that the credit/debit card that is being used is yours.
8.5 All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
8.6 If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
8.7 We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
9. Delivery And Risk
9.1 We despatch items ordered by you as they are available.
9.2 Orders will be sent to the delivery address that you have registered with us.
9.3 We cannot be held responsible if this delivery address is incorrect.
9.4 Deliveries made via Courier Services require an address where a signature can be obtained, if no-one is available to sign for a package then a card will be left and you must get in touch with the courier depot as soon as possible to arrange delivery. Any re-delivery arrangements following such failure to deliver may be at an additional cost.
9.5 If you leave specific delivery instructions for the carrier when placing your order (i.e 'leave behind bin', or 'leave with neighbour') TMC are not liable for any parcels that are lost of stolen.
9.6 If you wish to change the delivery address prior to submitting your order you may do so by entering the new details.
9.7 If you wish to change your delivery address after an order has been place you must contact us.
9.8 We will use our reasonable endeavors to ensure that the estimated delivery times set out are met but we cannot accept any liability for late deliveries which are due to circumstances outside of our reasonable control.
9.9 On occasion items may be lost in transit. If this occurs, you must contact us immediately.
9.10 Once the goods have been received by you, all risk of damage to, or loss of, the goods shall pass to you.
9.11 If you intend to cancel your order, you must keep good care of the goods pending their return to us.
10. Cancelation And Returns
10.1 Should you wish to cancel or return any of your goods, you may only do so by agreement with us.
10.2 Only unopened still sealed and unused goods in original unmarked packaging accepted returned at buyers expense. Postage is not refunded under any circumstances.
10.3 Any Refunds must be arranged within 14 days.
11.1 Each provision of these Terms and Conditions of Sale shall be construed separately and independently of each other and the validity of any one part shall not affect the validity of any other part.
12.1 These Terms and Conditions of Sale shall be governed by the laws of England and you agree to submit to the non-exclusive jurisdiction of the English courts.
12.2 We are required by law to inform you that sales can be concluded in English only and that no public filing requirements apply.