Terms and Conditions
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 All TMC products include UK Value Added Tax (VAT), where applicable.
4.2 Customers ordering from outside the European Union (EU) will have their VAT deducted automatically. Customers may need to create an account or log in to an exisitng account in order to get their VAT deducted. Vat deductions may not be displayed until you get to the checkout.
4.3 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 and services, plus any 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.
10.3 TMC will provide a pre paid Royal Mail label if the product is faulty or defective. A printer is required to print this label.
10.4 Any Refunds must be arranged within 30 days of receiving your parcel.
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.
13.1 We collect information about you and your interests when you engage with our website. We only collect information which is necessary, relevant and adequate for the purpose you are providing it for.
13.2 Some of this information does not identify you personally but provides us with information about how you use our services and engage with us (we use this information to improve our services and make them more useful to you). The information we collect includes some or all of the following:
Name (including title);
The date and time you used our services;
The pages you visited on our website and how long you visited us for;
Your IP address;
The internet browser and devices you are using;
The website address from which you accessed our website;
Details of any transactions between you and us;
Where you engage with us in a business context, , we may collect your job title, company contact details (including email addresses), fleet size and company details (some of which we may obtain from an online or public business directories); and
Any information within correspondence you send to us.
13.2 TMC will only process information that is necessary for the purpose for which it has been collected. You will always have the option not to receive marketing communications from us (and you can withdraw your consent or object at any time). We will never send you unsolicited ‘junk’ email or communications, or share your personal information with anyone else who might.
13.3 There are various ways in which we may use or process your personal information. We list these below:
Where you have provided your consent, we may use and process your information to:
Contact you from time to time about promotions, events, products, services or information which we think may be of interest to you (don’t worry, we won’t bombard you);
You can withdraw your consent at any time by contacting us on the details given below or, in relation to any marketing messages you receive, by using the unsubscribe option included in those messages.
13.4 Contractual performance
We may use and process your personal information where this is necessary to perform a contract with you and to fulfil and complete your orders, purchases and other transactions entered into with us (or one of our authorised repairers or selected partners).
13.5 You have the right as an individual to access your personal information we hold about you and make corrections if necessary. You also have the right to withdraw any consent you have previously given us and ask us to erase information we hold about you. You can also object to us using your personal information (where we rely on our business interests to process and use your personal information).
13.6 You have a number of rights in relation to your personal information under data protection law. In relation to most rights, we will ask you for information to confirm your identity and, where applicable, to help us search for your personal information. Except in rare cases, we will respond to you within 30 days after we have received any request (including any identification documents requested).
13.7 You have the right to:
Ask for a copy of the information that we hold about you;
Correct and update your information;
Withdraw your consent (where we rely on it). Please see further How do we use this information;
Object to our use of your information (where we rely on our legitimate interests to use your personal information) provided we do not have any continuing lawful reason to continue to use and process the information. When we do rely on our legitimate interests to use your personal information for direct marketing, we will always comply with your right to object;
Erase your information (or restrict the use of it), provided we do not have any continuing lawful reason to continue to use and process that information;
Transfer your information in a structured data file (in a commonly used and machine-readable format), where we rely on your consent to use and process your personal information or need to process it in connection with your contract.
13.8 We do not store credit/debit card information nor do we share customers details with any 3rd parties
13.9 You can exercise the above rights and/or manage your information by contacting us using the details below:
Post: The Model Centre, Hill Farm, Beck Hole, Whitby YO22 5LF
Phone: 01947 899125
If you are unhappy, you have the right to lodge a complaint with a data protection regulator in Europe, in particular in a country you work or live or where your legal rights have been infringed. The contact details for the Information Commissioner’s Office, the data protection regulator in the UK, are below:
Post: Information Commissioner's Office
Phone: 0303 123 1113
14.1 When will I be charged? Although our website will ask you to input your card information or sign into your PayPal account, you won't be charged for forthcoming releases until the products come into stock. We will cancel your initial payment and we never have access to your payment details for security reasons. As such we will contact you for payment once your pre-order is available.
Payment for pre-orders where the stock is known to be imminent may be charged for at the point of ordering, this is usually for items such as accessories or if a supplier has notified us the stock is on its way.
14.2 What is a Pre-Order? A pre-order is an order placed for an item that has not yet been released, or that is temporarily out of stock and will be coming back into stock soon.
14.3 How accurate is the estimated delivery date? All estimated delivery timescales are obtained from the manufacturer and kept regularly up to date. However these dates can move forwards or backwards depending on production constraints. Feel free to email us to see if we have more accurate delivery information.
14.4 The price for the product is TBA or £0.00, can I still order? Yes, if the price is £0.00 it means the manufacturer has not yet released a price. Feel free to place the order, and if you're not happy with the price once announced then you can cancel the order free of charge.
14.5 What happens if the price increases after I place the order? In the event of a price increase you will be contacted to confirm if you wish to accept the new price or cancel the pre-order. If you accept the new price, the order will proceed at the new higher price and will be updated on your pre-order. If you choose not to accept the new price the order is cancelled.
14.6 How long will my models be reserved? We will contact you via the email and phone numbers provided once your models come into stock. If we're unable to reach you within 21 days then we reserve the right to release your models back into stock.