Terms and Conditions
Standard Terms and Conditions for the Sale of Goods of Morris Models of 80 Manor Road North Lancing West Sussex, BN15 0HD.
Customers placing orders with Morris Models will be deemed to have read and accepted the following terms of conditions prior to placing their order
The following definitions shall apply in this document to the following words:
1.1 “Buyer” shall mean the person who purchases goods from the seller.
1.2 “Goods” shall mean the articles that the buyer agrees to buy from the seller.
1.3 “Price” shall mean the prices of the goods maintained by the seller as may be amended by the seller from time to time.
1.4 “Seller” shall mean Morris Models of 80 Manor Road, North Lancing, West Sussex, BN15 0HD, United Kingdom, and previously trading as J Morris of the same address and Models and Hobbies of Steyning in West Sussex.
1.5 “Terms and Conditions” shall mean these terms and conditions of sale set out in this document and or on the sellers website and any special terms and conditions agreed by the Seller in writing.
2 FORMATION OF THE CONTRACT BETWEEN THE BUYER AND THE SELLER
2.1 These Terms and Conditions shall apply to all contracts for the sale of goods by the seller to the buyer and shall prevail over any other documentation or communication from the buyer. Any variation shall be in applicable unless agreed by the buyer and seller in writing.
2.2 All orders for goods whether received by telephone, fax, email, through the sellers website, or in person shall be deemed to be an offer by the buyer to purchase goods in accordance with these Terms and Conditions, and are subject to acceptance by the seller.
2.3 The seller may choose not to accept any order for any reason.
2.4 The seller reserves the right to request a deposit prior to an acceptance of an order. The deposit will not be returned in the event of cancellation of the order by the buyer.
2.5 No order placed by the buyer shall be deemed to be accepted by the seller until either a written acknowledgement of order has been issued by the seller, or the seller delivers the goods to the buyer, whichever is the earlier.
2.6 When making an offer, the buyer warrants to the seller that he/she is legally capable of entering binding contracts.
3 PRICE AND PAYMENT
3.1 The price of the goods shall be that stated in the seller’s website, seller’s advertisements, or current seller’s price lists, or as set out in the sellers quotation (where applicable) at the date of buyers order.
3.2 Prices in magazine advertisements or similar remain current only during the currency of the magazine – or for six months after publication, whichever is the shorter period.
3.3 All prices are inclusive of Value Added Tax.
3.4 All prices are EXCLUSIVE of postage, packing and delivery charges. Details of Delivery charges will be provided prior to acceptance of the order at the online checkout. Orders placed offline (by telephone, fax, email etc) will be charged postage and packing at the rates as if the order had been placed through the on lone shop
3.5 Payment must be made in full (including full purchase price, delivery charges and Value Added Tax) prior to acceptance of order and delivery.
3.6 If the buyer orders goods for delivery outside the UK, any import duties and taxes which may become due shall be the sole responsibility of the buyer and the seller shall have no responsibility or liability in respect thereof
4 AVAILABILITY OF GOODS
4.1 Unless otherwise stated, all goods advertised on the sellers website are available in stock to the best of our knowledge.
4.2 At the discretion of the seller, orders may be accepted orders in advance of items becoming available. The seller reserves the right to charge either a deposit or full price for these goods in advance. Postage and delivery charges will be charged at the rates in force at the date of delivery.
4.3 All orders, however received by the seller, will be processed in order of receipt by the seller.
4.4 Should any goods not be available at the time of order, the seller will contact the buyer to advise of the situation, and where possible advised if and when delivery may be reasonably be anticipated. The seller will assume that any revised delivery date is acceptable to the buyer unless the buyer advises otherwise. The buyer shall be entitled to cancel the order and receive a full refund,
5.1 When the seller confirms that the goods are available, the buyer may collect the goods from the sellers premises.
5.2 Subject to availability of the goods ordered, all goods shall be delivered within 5 working days of the order being placed, and the buyer shall make all the arrangements necessary to take delivery of the goods whenever they are delivered.
5.3 All deliveries will be sent requiring a signature on delivery, unless specifically requested by the buyer. If the buyer elects a delivery not requiring a signature, this shall be at the sole risk of the buyer and the seller will not be liable for any loss or damage to the goods during transit.
5.3 All deliveries shall be by Royal Mail or Parcel Force as appropriate, or such other carrier as the seller may choose to use. Alternative arrangements may only be made by prior agreement by the seller, and any additional charges shall be the sole responsibility of the buyer.
5.4 Where the buyers total order totals £50 or more, it is strongly recommended that additional postal insurance is selected and paid for by the buyer.
5.5 Should goods be damaged or lost in transit, a refund will only be made to the value of the insurance paid or the value of the goods, whichever is the lower. Payment of refunds will only be made upon completion of the compensation process.
5.6 The seller shall use its reasonable endeavours to meet any reasonable date requested by the buyer for delivery. Time of delivery shall not be of essence, and the seller shall not be liable for any losses, costs, damages or expenses incurred by the buyer or any third party arising directly or indirectly out of any failure to meet estimated delivery date. The seller will not be responsible for any failure of the delivery company to achieve advertised delivery periods.
6.1 The seller warrants that the goods will be at the time of delivery be of satisfactory quality and will remain free from defects arising from faulty workmanship and materials for a period of 12 months from the delivery date.
6.2 Nothing in these terms and conditions shall affect the buyer’s statutory consumer rights.
7 CANCELLATION, RETURNS AND REFUNDS
7.1 The buyer shall inspect the goods immediately upon receipt and shall notify the seller within 7 days of delivery if the goods are damaged or do not comply with the terms of the accepted order.
7.2 Where a claim of defect is made, then the buyer should immediately notify the seller, by telephone, fax, registered letter or email.
7.3 After contacting the seller as stated in 7.2, the goods shall be returned by the buyer to the seller and the buyer shall be entitled to replacement goods or a full refund (including delivery and return postal costs – including adequate insurance) if the goods are agreed by the seller as being defective. The buyer must ensure that returned goods are properly packed and will not be entitled to refund of return postage if damage or loss has occurred during the return delivery.
7.4 Returned goods must be accompanied by the sellers invoice or such other invoice of the seller and should be returned within 14 days of the buyer notifying the seller of the defect.
7.5 Where returned goods are found to be damaged due to the buyer’s fault, misuse, inadequate packing etc, the buyer will be liable for the cost of remedying such damage.
7.6 Goods sent in error by the seller (ie not as ordered by the buyer) can be returned to the seller, and provided returned in the condition in which they were sent by the seller, a full refund will be made.
7.7 Goods ordered in error by the buyer may be returned in accordance with the procedure stated above (paragraphs 7.2 to 7.5), but the seller reserves the right to deduct a handling charge from any refund otherwise due. The buyer will be liable for all return delivery costs.
7.8 If the goods are purchased via the internet, mail order, phone, or fax, the buyer has the right in addition to any other rights, to cancel the goods and receive a refund
8 LIMITATION OF LIABILITY
8.1 The Seller’s liability in connection with any goods is strictly limited to the purchase price of the goods concerned
8.2 The seller shall not be liable under any circumstance to the buyer or any third party for any loss of income or revenue, loss of business, loss of profits or contract, misrepresentation or otherwise
8.3 FORCE MAJURE : Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to Acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, or shortage or unavailability of raw materials from a natural source of supply.
8.4 SEVERANCE: If any term or provision of these terms and conditions is held invalid, illegal or enforceable for any reason by any court of competent jurisdiction, such term shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions has been agreed with the invalid, illegal or unenforceable provision eliminated.
8.5 The seller reserves the right to change and update these terms and conditions at any time without prior notice. The current terms of conditions shall be deemed to be those displayed on the sellers website at the date any order is accepted.
19 May 2007