Trainspotters Ltd - Terms & Conditions
Trainspotters Ltd – Terms & Conditions Last updated January 2018
The “Company” refers to Trainspotters Ltd.
The “Buyer” refers to the purchaser of Goods.
The Company only accepts orders subject to the conditions of sale to the exclusion of any condition of the buyer. The meaning of some of the words used in these terms and conditions are as follows: ‘we’, ‘us’, or ‘our’ is a reference to Trainspotters Limited (CRN: 05353015). ‘you’ or ‘your’ is a reference to the Buyer and /or person to whom we are supplying Goods and Services and who is required to pay for those Goods & Services. ‘Goods’ means the goods provided by us to you and which you will pay for.
When you place an order you are making an offer to buy the Goods you have specified at the price stated for those Goods from us. At this stage there is not a binding contract between you and us. We will acknowledge your order to confirm that we have received your order whether by email or telephone. The confirmation will provide details of what you have ordered, the price that will be charged as well as other information about the progress of your order and estimated dispatch and delivery information. At this stage there will not be a binding contract between you and us. We will contact you by email or telephone to let you know that your order for the Goods has been dispatched. This communication will be our acceptance of your order (“Order Acceptance”). At the time of Order Acceptances sent by us (which may be different to the time you receive it) there will be a binding contract between you and us. The Order Acceptance will only cover the Goods mentioned in it and may not cover all the Goods you ordered. If this is the case then the offer you made for those Goods will only be accepted when we send a further Order Acceptance.
Not withstanding delivery, the risk of the goods and the property in the goods shall not pass to the buyer until the goods are paid for in full. The Buyer shall pay the Company for all goods (“the Costs”) owing to the Company. The Company shall invoice the Buyer for the Costs which shall be payable within the specified terms contained within the invoice.
Prices of Goods and Services supplied as of this date are correct but subject to market fluctuation and revision. Any overseas orders shall be charged to the buyer in pounds sterling (£). We try our best to display accurate and up to date prices, on our website, but please contact us with any specific enquiries to ensure you are aware of the correct pricing for any specific Goods and Services.
The Company’s price list excludes UK sales tax (VAT). All goods purchased are subject to 20% VAT (or at other such rate in force at the time of the invoice). Overseas customers do not pay UK sales tax (VAT) unless they reside in a European community, E. C. country. I.E. Belgium, France, Germany, Holland, Italy, Spain, Denmark, Sweden, Finland, Austria, Eire, Luxembourg, Portugal, and Greece. EC businesses registered for VAT are exempt from paying VAT providing they can provide their VAT registration number (with country code). Proof of identity will also be required.
Fitness for purpose
The Buyer acknowledges that the Goods sold herein may be dangerous if improperly used. The Company is in no way liable for the purpose and fitment of goods supplied to the buyer. The Company has no control over the fitment, suitability and method of their application or use. Save as precluded by law, the Company excludes any condition or warranty implied by statue or otherwise as to the fitness of its goods or for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods in question under this Clause.
The Company’s liability to the buyer shall at no time exceed the price of the goods supplied. The Company shall be under no liability for any direct loss and/or expense or any indirect loss and /or expense suffered by the buyer or liability to third parties incurred by the buyer. The Company shall be under no liability whatsoever for any loss or damage whether direct or indirect resulting from the supply of goods. The Company shall be under no liability whatsoever for the quality and purpose of goods supplied to the buyer or to a third party. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the Goods from us. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Nature of Goods
Unless specified, all goods are to be considered as ‘used’. This means that signs of wear and minor damage are likely to be present. We undertake to mention in item descriptions only those things that may be considered to be of major structural or aesthetic concern. Of course, we will supply detailed condition description on any item on request. All dimensions and weights stated within product descriptions are approximate. All goods are purchased by the purchaser “as is” and “with all faults”, and seller makes no representation or warranty, express, or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or any other matter with respect to the goods. The availability of the Goods is as shown online. They are only estimates and should not be relied on as definite statements as to whether the Goods you wish to purchase are actually in stock. The Buyer understands that the Goods described herein have, unless specified, been used by persons other than The Company. The Buyer is warned and acknowledges that such Goods may bear or contain hazardous chemicals or other hazardous materials which may be or may become, by chemical reaction or otherwise, directly or indirectly hazardous to life, to health, or to property (by reason of toxicity, flammability, explosiveness or for other similar or different reasons during use, handling, cleaning, reconditioning, disposal or at any other time after the article leaves the possession and control of The Company). The Buyer does hereby discharge The Company from any and all liability directly or indirectly resulting from the presence of the aforesaid chemicals or materials, including and not limited to any and all liability directly or indirectly resulting from the failure of The Company to give more specific warning with respect to individual articles or substances or from the inadequacy of any warning. The Company is not obligated to do any repair work or modifications upon the Goods prior to sale or delivery. Any repair work or modifications performed by The Company on the Goods prior to sale shall be performed as a result of the sole request of The Buyer using designs and instructions provided by The Buyer. Accordingly, The Company shall not be liable for any alleged damages caused by or resulting from the repairs or modifications. The Company gives no warranty, express or implied, as to the quality, merchantability, workmanship or any other matter with respect to any such repairs or modifications.
The Buyer shall not move, load, transport or otherwise handle the Goods on The Company’s premises without first having obtained insurance coverage satisfactory to The Company. Such insurance shall include “Workers Compensation”, employer’s liability, public liability (bodily injury, property damage and contractual liability) and automobile liability (bodily injury and property damage) insurance. Certificates of insurance evidencing the aforementioned insurance coverages shall be furnished to and shall be approved by The Company. The Buyer shall comply with The Company’s plant safety rules and regulations.
We ‘Company’ endeavours to photograph all stock accurately and to provide accurate descriptions and dimensions. We have a showroom open 5 days a week and we encourage customers to come and view our stock in person if they have any doubt as to fitness for purpose. However we understand that customers may want to return products for a variety of reasons. We are happy to accept returns and do so under The Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013. These regulations grant UK non-business buyers a right to cancel the order and return the goods within a period of 14 working days from the day on which they received the goods. The buyer must inform us by letter or email of their intention to cancel the order within this 14 day period. If you cancel the contract orally you will need to confirm the oral cancellation in writing and send it to us by one of the means specified within the above mentioned 14 day period. Once you have cancelled the contract, you have a legal ‘duty of care’ to take care of the goods. A full refund of goods will be issued within the statutory 14 days after we have received return of the goods. Return of the cancelled goods is by your own chosen method and at your own expense. The buyer is duty bound to return the goods in the same condition in which the goods were received, failure to do so may result in deductions being made from the final refund total. In cases where we undertake bespoke work on the buyer’s behalf, all cancellation rights will end at the point of order. Please note that we do not take returns from business customers or on international transactions, these not being covered by The Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013.
Wired goods are supplied fully assembled and tested to BS EN 60598.
Please note however that we do not supply any form of guarantee with our lighting. We recommend that you always use a fully qualified or NICEIC approved electrician to fit your lights. To find a local NICEIC electrician call +44 (0)870 013 0382 or visit www.niceicgroup.com
Shipping & Delivery Information
We offer free UK delivery (excl. N. Ireland, Highlands & Islands, Channel Islands).
We are happy to arrange the shipping of items to anywhere in the world. If you would like a delivery quote please simply contact us and let us know what it is you are interested in, and where you would like to get it to, and we’ll get back to you as soon as we can with a quote. We may deliver the Goods in one or more instalments and some of the Goods may be delivered directly from our suppliers. Any times and dates given for dispatch of the Goods (or the length of time that the Goods will take to be delivered) are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. If the delay is substantial or if the Goods are not available at all for dispatch, we will offer you the option both to cancel the order and refund any payment(s) you have made, or allow you to choose alternative Goods.
We only accept British sterling (£ Pound).
The Company’s ability to ship the Goods may be affected in case of an act of force majeure, such as an act of God, war, sabotage, accidents, riots, fire, explosion, flood, strike, lockout, injunction, inability to obtain fuel, power, raw materials, labor, containers or transportation facilities, accident, breakage of machinery or apparatus, national defence requirements, or any other cause beyond the control of the Company. The Company shall have no liability for the failure to ship or deliver goods in the event of such force majeure and the Company’s obligation to complete the delivery of Goods shall be suspended during such force majeure event and for a reasonable period of time thereafter; provided, however, that these Terms and Conditions shall otherwise remain in effect.
Contract (Rights of Third Parties) Act 1999
For the purpose of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions.
THIS CONTRACT IS SUBJECT TO THE LAW OF ENGLAND AND WALES AND YOU SUBMIT TO THE JURISDICTION OF THE COURTS OF ENGLAND AND WALES.