Conditions of use
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Nairnshire Modelling Supplies in its sole discretion. If membership has been revoked, Nairnshire Modelling Supplies reserves the right to refuse application or readmission to the membership program.
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sub license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
7. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
Payments. We accept secure payments through SagePay. SagePay is an independent payment process provider which processes credit and debit card payments securely on our behalf. Sagepay also offers a PayPal payment option for those customers who wish to pay by that method. The PayPal logo is displayed on the Sagepay page together with credit card logos which should be clicked on to choose a payment option. When checking out, you will be taken to the SagePay web site with the payment options to complete your transaction. We do not take records of credit and debit card details and any personal details we do note when taking telephone orders are securely destroyed except those we are required to keep by law for tax records. We will accept cheques drawn on a UK bank account. However, goods will not be dispatched until the cheque has cleared. Please make cheques payable to Nairnshire Modelling Supplies.
You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Nor are we obliged to act upon any submission and no contract will exist, either in writing or verbally. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
Delivery. We are experienced at mail order work and will aim to dispatch your items within 48 hours. Normally, we will dispatch same day if an order is received by 12 noon. Everything will be securely packed and are either dispatched by normal first class mail if the packet matches the new April 2013 size restrictions now being enforced by the Royal Mail or we ship by courier if the packet size is larger. International orders are shipped by Small Packet Airmail with 'International Signed For'. Due to the relatively high number of international packages going missing, we have to insist on them being shipped 'International Signed For' which ensures that there is a tracking number. Customers who do not wish to pay for this service can request a refund for this part of the cost of international postage. Consequently, shipping is at their own risk and no compensation will be paid if a package goes missing. Note that standard small packet airmail does not include a tracking number unless 'International Signed For' service is used. The tracking number will be emailed to international customers after dispatch. The postage rate is £5.15 in addition to the normal small packet airmail postage rates. Volatile and solvent materials such as paint cannot be sent by international post. We have competitive postage rates for UK, Europe and The Rest of the World. The nature of the products we sell means some are small, high value items that weigh very little whilst others are larger and heavier. We calculate postage by value of order and will refund any excessive postage if the order comprises of small light weight items. Some heavier items have a small surcharge on the price to allow for the greater weight, such as rail ballast and some other scenery items. This will be indicated in the item description. The bigger your order in value, the better value the postage rate becomes. Please see postage rates for current prices.
Overseas Delivery. We do not charge any handling fees for international orders. Also, we will complete any custom forms as accurately as we can and any customs charges must be met by the customer. We reserve the right to request a surcharge to cover additional postage costs when heavy items are ordered by overseas customers. Such items can include layout wire, scenery products, liquid products etc.
AS OF APRIL 2ND 2013 WE CANNOT SEND ANY AEROSOLS OR SOLVENT PRODUCTS BY POST TO UK/OVERSEAS ADDRESSES DUE TO TIGHTENING UP OF RESTRICTIONS BY THE ROYAL MAIL.
Returns: We accept returns of unwanted goods within 28 days of receipt providing the packing is unopened and the goods are received back in good condition. A 15% handling and re-stocking fee may be charged based on the original transaction, carriage and handling costs. Faulty goods will be replaced free of charge. The nature of modelling materials and components requires skill by the purchaser to use or complete. We do not extend this returns policy to kits or items poorly made or where fault has occurred due to not following instructions or by poor workmanship. Returns MUST be properly packaged for posting to us. Any item(s) not received in good condition WILL NOT be refunded or replaced. Please email for returns details and address.
Out-of-stock-items: If an ordered item is out of stock we will offer to place it on back order or you have the option to cancel the order for that item. We have no control over the length of time it may take for an out of stock item to become available from the wholesale supplier.
Some materials cannot legally be shipped by air mail. Materials such as liquid flux, some glues and adhesives, paint thinners and other chemicals used in modelling fall under this category. We will separate those items and ship by surface mail.
If you are unhappy about anything: Please contact us immediately by email. If you do not tell us, we cannot put it right!
Business address: Nairnshire Modelling Supplies, Lochloy Road, Nairn, IV12 5LF.
Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.