Bromsgrove Models

Please read the wording of this Agreement carefully as it contains the terms and conditions upon which Bromsgrove Models at 13 Fairmont Road, Bromsgrove, Worcs, B60 2HJ contracts with you for the sale of the Goods. In this Agreement, "Goods" means the goods described on Our website which We supply to You in accordance with the Conditions.

1.2 Where an order is made by telephone, We do not require written confirmation of such an order. If You do send written confirmation of an order please ensure that the order is clearly endorsed "Confirmation". Failure to endorse the confirmation will result in the order being duplicated. You will then be responsible for settlement of the duplicated order in full. If the duplicated order is not required it will be subject to Our terms under clause 5 "Returns" below.

1.6 We are not able to process orders to customers in the USA or Canada as the result of trading restrictions placed upon us by our insurers.

1.7 Prices are subject to change without notice, though we will do our best to notify customers of any impending price increase before despatch.

2.1 Payment is due at the time of submitting the order for items that are in stock. Where stock items are due for future delivery payment will be due when those items come into stock.

2.2 Prices quoted are inclusive of VAT and current at the time of publishing. While every endeavour will be made to maintain them at their present low level we reserve the right to effect changes without prior notice (including, in particular, in the event of exchange rate variations).

2.4 We reserve the right to adjust postal charges selected on orders if the incorrect method has been selected by You. International postal charges will be applied after such costs have been determined.

2a.1 Orders from customers who are current members of MERG or DOGA and provide their membership number during the ordering process will be subject to a 3% discount on products ordered.

2a.3 Such discounts will only apply to the standard advertised price of a product and will not be applied to products already subject to discounting under any special offers that might be operative at the time of ordering or to Gift Vouchers.

3.1 Ownership of the Goods to be delivered by Us will only be transferred to You when We have received cash or cleared funds in full payment of all sums owing to Us in respect of the Goods.

3.2 Until ownership has passed to You We retain full legal and beneficial title to the Goods and reserve the right at any time to require You to deliver up the Goods to Us and, if You fail to do so forthwith upon Our request, to enter upon any of Your premises or of any third party where the Goods are stored and repossess the Goods.

4.1 We shall despatch Goods either by first class post or parcel post to UK based customers (see 4.4 below in relation to export costs). Where possible, goods are normally despatched on day of receipt of the order.

4.2 Time for delivery shall not be of the essence of this Agreement. We shall use reasonable endeavours to deliver by the date specified but We shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused and You hereby waive irrevocably all Your rights and remedies (if any) in respect of any loss or damage suffered or incurred directly or indirectly as a result of any late delivery of the Goods.

4.3 Single orders placed with Us at one time, for delivery within the UK and totalling £100 or more, will be sent at no cost to You provided that the goods can be shipped together in one consignment, that the goods are in stock and where specific shipping charges itemised on our internet site do not apply.

4.4 Export Orders – Freight and insurance is charged extra at cost. If the Goods are subject to import duties and/or taxes for overseas orders, these costs will be solely borne by You.

4.5 Where we undertake to make a local delivery we will make all reasonable efforts to contact You and arrange a mutually convenient time for delivery. Where such arrangements are made but the order cannot be left at the given address at or about the agreed time the order will be despatched by second class post (or the cheapest alternative).

4.6 Where an alternative address is supplied for delivery and payment is by credit or debit card such delivery will only be possible to the named person on the credit or debit card. It is not possible to despatch goods to anyone other than the cardholder.

5.1 If You are a private consumer You may cancel any order made by You via Our website, mail order or telephone at any time within 7 days of receipt by You of the Goods. You must notify Us by e-mail to internetsales@bromsgrovemodels.co.uk or by telephone or facsimile to telephone number 01527 877066. You must return the products in the same condition that they were in when they were despatched to You with the original packaging.

5.2 Subject to the provisions of clause 5.1 above, other than Goods returned under Guarantee in accordance with clause 7 or for shortages or damages reasons, returns will require Our Agreement and in any event will only be accepted in original packaging and a 20% handling charge will apply with a minimum charge of £2.00. In addition goods paid for by credit card will be subject to a 2.5% recharge fee. Goods must be returned within 30 days of the date of delivery.

5.3 If there are shortages or damages to the Goods occurring in transit, You must notify us within 48 hours from the time of delivery, giving full details of any such shortages or damages and You must return the Goods to Us together with all packaging. Within that time all parcels delivered to You in a damaged condition should be returned to Us forthwith.

5.5 Where We accept that there has been a shortage in Goods despatched or the Goods have been damaged in transit, We shall replace such Goods at the previously invoiced price.

5.6 Order Cancellation: Cancellation of an order can only be accepted after prior negotiation and agreement. On no account can cancellation be accepted for items ordered specially by Us on Your behalf.

5.7 All carriage charges for returned goods are the responsibility of the customer and will not form part of any refund. If incorrect carriage charges are paid by You, resulting in a payment by Us before goods can be received, We reserve the right to reclaim these charges from You together with a £5 administration fee.

6.1 Goods and material contained in Our website may be the subject of patents, copyright, design, trade mark or other intellectual property rights and all such rights are reserved by Us. We make no representation or warranty as to whether Your use of or dealing with the Goods (or any part or component thereof) either will or will not infringe such rights. Without limiting the generality of this statement, We do not grant nor purport to grant to You any licence, permission or authority in respect of such rights and You acknowledge and agree to satisfy Yourself in respect of such matters. We accept no liability for infringement of any such rights.

7.1 Unless otherwise specified and subject to clauses 7.2 and 7.3, the Goods are guaranteed free from defect caused by faulty materials or workmanship for a period of six months from the date of despatch by Us (the "Guarantee").

(a)We are promptly notified in writing upon discovery by You that the Goods are defective due to faulty materials or workmanship;
(b) the Goods in question to which the claim refers are returned to Us within 6 months from the date of despatch by Us (the "Guarantee Period") suitably packed, carriage prepaid and accompanied with proof of purchase (delivery note or invoice) and details of the nature of the defect; and
(c) examination by Us of the Goods in question confirms that the alleged defect has not been caused by misuse, neglect, method of storage, faulty installation, handling, testing or repair, by alteration or accident or by any other cause listed in clause 7.3(b)(i) to (iv) below.

(i) fair wear and tear, wilful damage, negligence, misuse, repair of the Goods without Our approval;
(ii) any use of or dealing with the Goods in a manner which could not reasonably be expected having regard to their normal purpose;
(iii) any use of or dealing with the Goods in conjunction with any other item where such item causes or gives rise to the alleged defect; or

(iv) any use of the Goods which is not in accordance with the manufacturer's operating or user instructions or from any failure to service or maintain the Goods in accordance with the manufacturer's instructions.

7.4 The Guarantee shall not be affected by and no obligation or liability shall result from providing technical advice or service in connection with Your order for the Goods.

7.5 Our liability under the Guarantee shall be limited to repairing, replacing or issuing credits at Our option for any Goods returned within the Guarantee Period.

8.1 Subject to clauses 8.3 and 8.4 below and as otherwise expressly provided in this Agreement, all warranties, conditions or other terms whether express or implied by statute or common law or otherwise are excluded or limited to the fullest extent permitted by law. In particular We make no representation or warranty that the Goods are either of satisfactory or merchantable quality or fit for any purpose or that they conform to any description. You acknowledge and agree that You have relied upon Your own skill and judgement in selecting the Goods.

8.2 Subject to clauses 8.3 and 8.4 and to the Guarantee given in accordance with clause 8 and to the full extent permitted by law We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as the direct, indirect or consequential result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods.

8.3 Clauses 8.1 and 8.2 do not apply where You deal as a Consumer and to the extent that such exclusions or limitations are not permitted by law.

8.5 We shall not be liable for incidental or consequential damages for any breach hereof, including but not limited to costs of removal and re-installation of Goods, loss of goodwill, loss of profits or loss of use.

9.1 Dimensions and other physical characteristics of the Goods are subject to normal commercial tolerances. Unless otherwise stated, electrical ratings represent safe working limits.

10.1 The information contained on Our website is correct to the best of Our knowledge at time of going to press. All images are used for illustration purposes only.

10.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.

10.3 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, acts of God, war or riots, actions or omissions of third parties.

10.4 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.

10.5 No delay, neglect or forbearance on Our part in enforcing its rights against You shall be construed as a waiver or in any way prejudice any of its rights hereunder.

10.6 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have non-exclusive jurisdiction in connection with any dispute arising out of or in connection with it.