Terms & Conditions

  1. Definitions

The words in this document shall have the following meanings:

  • “Seller” means Europa Model Railroads Ltd.
  • “Customer” means the person, firm or company purchasing Products or Services from the Seller.
  • “Parties” means the Seller and the Customer.
  • “Order” means the purchase order completed by the Customer on the Seller’s website.
  • “Order Date” means the date that the Order is completed and accepted by Seller.
  • “Agreement” means a binding contract between the Seller and the Customer on completion of the Customer Order on the Seller’s website.
  • Agreement Effective Date” means the date included in the Order.
  • “Force Majeure Event” means an event or circumstance beyond Parties reasonable control.
  • “Product” means one or more of the manufacturers’ products for each brand and scale size listed on the Seller’s website.
  • “Currency” means Pounds Sterling (£) GBP
  • “Order Price” means the total value of the Order including shipping costs to Customer.
  • “Carrier” means the company or companies that the Seller may use for shipping and delivery.

If Customer has any questions relating to the Terms and Conditions, please contact Europa Model Railroads Ltd. at info@emailroads.com or by telephone +44 (0) 178 953 2390

  1. Entire Agreement
    • The terms and conditions and any documents incorporating them or incorporated by them constitute the Entire Agreement and understanding between the Parties.
    • By clicking on the Order confirmation button in the checkout on the Seller’s website, Customer will be agreeing to these Terms and Conditions herein.
    • If Customer refuses or fails to accept the Terms and Conditions, Customer will not be able to Order any Products from the Seller’s website.
  2. Governing Law and Jurisdiction
    • The Agreement is governed by and construed in accordance with the laws of England and Wales and the English courts will have authority in respect of any dispute arising from the Agreement.
  3. Product Images and Description Disclaimer
    • Product images and descriptions used in the Seller’s website are for illustrative purposes only.
    • Seller has used the Product images and descriptions provided by the manufacturers for inclusion in the Seller’s website and has endeavoured wherever possible to provide copies of the manufacturers images to match the Product descriptions.
    • The manufacturers reserve the right to add, delete or cause a change to their catalogs without issuing a revised catalog each time a change occurs.
    • Customer must familiarise for themselves with the accuracy of the product descriptions and images before making a purchase.
    • Seller accepts no liability for any inaccuracies of the images and Product descriptions used in their website which may differ from the actual Products purchased.
    • Please refer to clause #12 – Cancellation Policy and clause #12 – Refused Parcels / Returns Policy clause #13
  4. Ordering
    • Orders are subject to Clause #6 – Availability and Shipment, and clause #12 – Cancellation Policy.
    • All purchases added to the shopping cart must contain the manufacturers brand name; scale size; catalogue item number; quantity; price of each Product.
    • Customer must provide contact name; mailing address; shipping address; telephone number including the country code; and email address.
    • Customers are requested to complete their Order in accordance with the Seller’s website secure online shopping cart. Once payment has been received and accepted by Seller the Order will be automatically confirmed and accepted by the Seller.
  5. Availability and Shipment
    • All Products ordered are subject to availability.
    • Due to the covid 19 pandemic worldwide, production of the of the products by the manufacturers has impacted product availability.
    • In the event that the Product selected by the Customer is unavailable or on backorder from the manufacturer, Seller will advise Customer, and give the Customer the option to cancel the Order or to select an alternative Product. Seller will assist the Customer by suggesting alternative brands.
    • Seller will confirm to the Customer the shipping date following confirmation of availability.
    • Each shipment of the Product will include a delivery advice note listing the Product type and quantity.
    • Seller will instruct the Carrier to deliver the Order to the Customer’s shipping address detailed on the Order.
    • Seller shall determine the fastest and most cost-effective shipping method based on the content of the Order and the Customer’s location.
  6. Order Price
    • Order Price shall comprise the sum of all the Products plus Shipping Costs. Refer to Clause #9 – Value Added Tax (VAT).
  7. Shipping Costs
    • Due to the wide variety of shapes, sizes and weights, the cost of shipping shall be in accordance with the following shipping charges.
    • UK Orders – Tracked Delivery
  8. Packages weighing up to 1kg will be shipped free of charge
  9. Packages weighing over 1kg and up to 3kg Customer will be charged £10
  10. Packages weighing over 3kg and up to 5kg Customer will be charged £20
  11. Packages weighing over 5kg and up to 7kg Customer will be charged £25
  12. Packages weighing over 7kg and up to 10kg Customer will be charged £30
  13. Packages weighing over 10kg and up to 15kg Customer will be charged £35.
  14. Packages weighing over 15 kg the customer will be charged £50
    • Global Orders Tracked Delivery
  1. Packages weighing up to 1kg Customer charged £10
  2. Packages weighing over 1kg and up to 3kg Customer will be charged £15
  3. Packages weighing over 3kg and up to 5kg Customer will be charged £20
  4. Packages weighing over 5kg and up to 7kg Customer will be charged £25
  5. Packages weighing over 7kg and up to 10kg Customer will be charged £30
  6. Packages weighing over 10kg and up to 15kg Customer will be charged £35.
  7. Packages weighing over 15kg the customer will be charged £50
  1. Valued Added Tax (VAT)
    • The Product prices are exclusive of VAT.
    • VAT will be added to the Order Price total for all UK customers.
    • VAT will not be added to the Order Price total where the customer’s shipping address is located outside the UK
    • Shipping costs are exempt of VAT.
  2. Customs Import Duties, Taxes, and Handling Charges
    • Customer is responsible for the payment of all Custom Import Duties, Taxes, and Handling Charges.
  3. Payment
    • Payment shall be on the Seller’s website and can be either by Visa; Mastercard; PayPal or Stripe. Seller does not accept any other form of payment.
  4. Cancellation Policy
    • Cancelled Orders are subject to a Cancellation Fee of 20% of the total Order Price in accordance with the following conditions:
  5. If Customer decides to cancel the Order, Customer must notify the Seller no later than 3 days from the Order Date either by email info@emailroads.com or telephone +44 (0) 178 953 2390 to ensure that the Order cancellation is recorded, and the total Order Price is refunded.
  6. In the event that a Product on the Seller’s website is on backorder, or is not available from the manufacturer, Seller will notify the Customer as soon as possible and suggest alternatives that may meet the Customer needs.
  7. In the event that Customer decides to cancel the Order, subject to this clause #12, and sub clause #1, a full refund will be paid to the Customer using the same credit card registered with the Order.
  8. In the event of no changes to the Order and Customer has not cancelled the Order after the 3 day deadline, Seller will continue with the shipping arrangements to meet the shipment date.
  9. If the Customer decides to cancel the Order after the 3 day deadline, Seller will refund the Customer the total value of the Order minus the 20% Cancellation Fee.
  10. Refused Parcels / Returns Policy
    • All Returns by the Customer are subject to a Restocking Charge of 25% of the total Order Price.
    • If Customer wants to return the Products, Customer must first contact Seller by email at sales@Sellerailroads.com stating the reasons for the Return.
    • Seller in their sole discretion will decide whether or not to accept a Return. If Seller agrees to accept the Return, a Return Authorization Form and Number will be emailed to the Customer.
    • The Products must be returned in the original unopened Product packages complete with all instructional documents and labels. A copy of the Order and the Seller’s Return Authorization Form Number must be included in the Return of all packages to identify the Customer.
    • Customer will be responsible for ensuring the Products are shipped using packaging of sufficient quality to avoid any loss or damage during shipment. If there is more than one package, each package must include a copy of the Order and Seller’s Return Authorization Form and Number.
    • Customer will be responsible for the payment of all shipping costs which are non-refundable by the Seller. Customer is advised to use an experienced carrier that will provide Customer with a tracking number.
    • Seller will not accept any packages without the proper identification of the Customer and a copy of the Seller’s Return Authorization Form and Number. Seller will not accept any liability for any loss incurred of the Returned Products and any liability for any refund.
    • Seller on receipt of the Return from the Customer, and subject to the Products being in their original packages; unused; undamaged; and in a resaleable condition, Seller will within 30 days refund the Customer the total Order Price minus the 25% Restocking Charge using the Customer’s credit card registered at the time of ordering.
    • Customer’s failure to comply with the requirements this Clause #13 will permit Seller in their sole discretion, the manner used for disposal of the Return, and not be liable for any refund.
  11. Title and Risk of Loss
    • Except as otherwise provided herein, all Products supplied by the Seller and paid for by the Customer shall be vested in the Customer. Seller shall be responsible for and shall bear any and all risk of loss or damage of the Products until delivery thereof to the Carrier. Upon delivery to the Carrier, Seller shall cease to bear the risk of any loss or damage.
    • Title shall pass from the Seller to Customer on the signed receipt of delivery by the Carrier.
  12. Force majeure
    • Neither Party shall be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure should be the result of a Force Majeure Event. If the period of delay or non-performance continues for 4 weeks, either Party may terminate the Order by giving 3 days’ written notice to the affected Party.
  13. Intellectual Property Rights
    • All Intellectual Property Rights in or arising out of or in connection with the Products sold to the Customer by Seller are owned by the manufacturers. Customer shall have no rights in respect of such Intellectual Property.
    • To the extent (if at all) that any rights are granted to the Customer in respect of the Intellectual Property Rights specifically related to electronic Products and their operating systems shall be in accordance with the manufactures instructions included with the Product.
  14. Warranty
    • Products are covered by the manufacturers’ warranties included with each Product. Seller expressly recommends that the Customer keeps the warranty card together with a copy of the Order.
    • Warranty claims must be made directly with the manufacture by sending the part being claimed together with the warranty card and / or a purchase receipt and a defects report.
    • Warranty includes the option by the manufacturer to repair free of charge any malfunctions and the replacement free of charge of defective parts, which can be demonstrated to be based on design, manufacturing, or material defects, including the service associated with it. Any other claims resulting out of or in connection with the Product shall be excluded from the manufacturer’s warranty.
    • Reasons for Voiding the Warranty
  15. Wear and tear related malfunctions, or parts subject to normal wear and tear.
  16. When the installation of certain electronic elements are performed contrary to the manufacturers’ specifications by individuals not authorized to perform the work.
  17. Applications and purpose not specified by the manufacturer.
  18. When the manufacturer notes that the operating instructions were not followed.
  19. Any claims arising from the Warranty, or compensation for damages are inadmissible, if non-manufacturer parts are installed which are not authorized by the manufacturer, and thus caused the defects and damages. The same applies to conversions, which are performed by neither the manufacturer nor by repair stations authorized by the manufacturers.
    • Customer is responsible for packing and shipping costs of the Products to be sent to the manufacturer. Packing must be of sufficient quality to avoid any loss or damage during shipment. Manufacturer and Seller will not accept liability for any loss or damage incurred during shipment to the manufacturer. Customer is expressly advised to use an experienced carrier that will provide Customer with a tracking number.
    • The Warranty period is not extended by repairs or delivery of spare parts.
  20. Seller Data Protection Declaration
    • Seller places a high value on the protection of the Customers’ personal information. Since the protection of data also is very important to Seller, personal information will be used with confidentiality within the limits of the applicable legal regulations for data protection. Customer personal information will not made available to the public or transferred to third parties except as noted in Clause #20 – Data Use.
  21. Personal Data
    • Customer can visit the Seller’s website without leaving personal data. Information linked to access to the Seller’s website with anonymity. Any inference to the Customer is not possible. Personal data will only be collected when Customer makes the data available, such as part of a form the Customer must fill out. Seller will handle the Customer’s data responsibly and in compliance with legal regulations.
  22. Data Use
    • Seller will collect, process, and use personal data only to the extent that it needed for the processing of inquiries or Orders. Under certain circumstances, Customer data is only shared with third parties involved in the processing of the data in Order to facilitate this task. Beyond that Customer data will not be given to third parties or third party countries; it may happen that Seller is obligated to provide Customer data due to obligatory, legal regulations or that Customer dictate this. Seller would like to use the personal data Customer provides to Seller (example: your name, mail address or e-mail address), subject to Customer objection, which Customer can state at any time, to inform Customer from time to time about Seller’s Products and services.
  23. Data Encoding
    • When Customer provides Seller with Customer personal data, it is encoded with the SSL process (Secure-Socket-Layer). By using the SSL process Customer data is scrambled in such a way before it reaches the Seller server that a third party cannot reconstruct it. This encoding process also guarantees that Customer data is only sent to the server when requested.
  24. Cookies
    • Cookies are used to simplify the use of the Internet and to facilitate communication. Cookies are small text files that the Seller’s website sends to the Customer’s browser which are temporarily stored there. A cookie only contains data that a server puts out and/or the user enters on request. It contains only technical information, no personal data. The only purpose of this is to adapt the Seller’s website to ensure as best as possible that the Customer is comfortable with the usage and surfing of the Seller’s website.
    • If Customer wants to suppress the storage of cookies on the Customer web browser Customer must decide whether to or not to agree and allow storage of cookies on the Customer’s web browser.
    • Rejecting of cookies can result in some pages not being displayed correctly in the future.
  25. Consent
    • Customer by using the Seller’s website and the Seller’s Internet pages and by entering personal data, Customer will have given consent to having the Customer data stored, handled, and used as described above.
  26. Information Rights
    • Seller would be happy to inform Customer about the use of the data Customer has provided to Seller. Customer has information rights regarding Customer stored personal data as well as a right to correct incorrect data, block data and delete data, or cancel use of Customer personal data by contacting the Seller at info@Sellerailroads.com
  27. Areas Covered / Links
    • The Seller’s Data Protection Declaration applies only to the Seller’s website of Europa Model Railroads Ltd. Seller has no control or influence over the design and contents of other websites linked to the Seller’s pages, and Seller cannot monitor how other parties offering linked websites deal with the Customer’s data, such that the Seller’s Data Protection Declaration and the Seller’s area of responsibility does not extend to these websites.
  28. Web Analysis
    • Seller’s website makes use of Google Analytics, a Web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files, which can be stored on the Customer’s computer that enables an analysis of the use of the website by the Customer.
    • The data generated by the cookie about Customer use of the website (including Customer’s IP address) is sent to a Google server and stored there. Google uses this data to evaluate Customer use of the website in order to assemble reports about the Seller website activity for the website operator and in order to provide other services linked with the use of the Seller website and the use of the Internet.
    • Google will also transfer this data to third parties where appropriate to the extent that this is legally mandatory and to the extent that a third party is processing this data on contract from Google. Under no circumstances will Google bring Customer IP address in contact with other Google data.
    • Customer can prevent the installation of the cookies with an appropriate setting on the Customer browser software; Seller must point out that in this situation Customer may not be able to use all of the functions on the Seller’s website to their full extent. By using the Seller’s website Customer declares that Customer agrees with Google processing the data collected about the Customer in the manner described above and for the purpose declared above.

END OF SELLER TERMS AND CONDITIONS

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