1. Status of Terms
1.1 These terms constitute a legal document ("the Agreement") which
sets out the rights and obligations of you as a purchaser ("you"),
and those of AFV Modeller Ltd ("AFV Modeller Ltd", "we"
or "us"), in relation to the services and products offered by us through
this site or any of the other sites owned by us. By registering for AFV Modeller
Ltd services, you agree to the terms of this Agreement, and you re-affirm that
agreement every time you use any of our services.
1.2 You agree to:
1.2.1 provide true, accurate, current and complete information about yourself
as prompted by our registration form (such information being the "Registration
1.2.2 maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or AFV Modeller Ltd has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, AFV
Modeller Ltd has the right to suspend or terminate your account, cease supply
and refuse you any and all current or future use of the AFV Modeller Ltd site
(or any portion of it).
1.3 AFV Modeller Ltd is concerned about the safety and privacy of all its users,
particularly children. For this reason, parents who wish to allow their children
access to the site should assist them in setting up any relevant accounts and
supervise their access to the site. Once you have allowed your child access
to the site he/she will be able to access all of the site. Please remember that
the site is designed to appeal to a broad adult audience. Accordingly, as legal
guardian, it is your responsibility to determine whether the site is appropriate
for your child.
2. Place of performance and applicable law.
AFV Modeller Ltd Ltd is a company registered in England. Unless otherwise specified,
the materials on this site are directed solely at those who access this site
from the United Kingdom mainland. AFV Modeller Ltd makes no representation that
any product referred to in the materials on this site is appropriate for use,
or available, in other locations. Those who choose to access this site from
other locations are responsible for compliance with local laws if and to the
extent local laws are applicable. English law shall govern this Agreement.
You and we each submit to the exclusive jurisdiction of the English courts
in relation to disputes arising out of this Agreement. If any provision of this
Agreement shall be unlawful, void or for any reason unenforceable then that
provision shall be deemed severable and shall not affect the validity and enforceability
of the remaining provisions.
3. Placing an order
3.1 A notice will be displayed on your web browser before you submit an order
with AFV Modeller Ltd ("the Pre-contract Notice"). The Pre-contract
Notice contains important information such as a description, price (including
export taxes) and delivery charges of the good or services ordered. AFV Modeller
Ltd suggests that you print off a hard copy of the notice or save a copy to
your hard drive for your own records.
3.2 AFV Modeller Ltd will not be obliged to supply the goods or services submitted
in your order until you have received an e-mail from AFV Modeller Ltd accepting
your order ("Order Confirmation"). However, in the event the goods
or services are listed on AFV Modeller Ltd's site at an incorrect price due
to typographical error or error in pricing information received from its suppliers
but AFV Modeller Ltd have accepted your order before the discrepancy is noticed,
AFV Modeller Ltd shall e-mail you to ask whether you are willing to pay the
correct price for the goods or services ordered. If you are unwilling to pay
the correct price AFV Modeller Ltd reserves the right to cancel the contract
immediately without any liability to you.
3.3 [If AFV Modeller Ltd exercises its right under clause 3.2 to cancel a contract
it will immediately issue a credit to your debit or credit card account if it
has already made a charge to your card before cancelling your order.] OR
[AFV Modeller Ltd will not charge your debit or credit card until the goods
are despatched to you or it has commenced performance of the services sold to
3.4 [In the event that the goods ordered by you are not available AFV Modeller
Ltd reserves the right to provide you with goods of a similar quality and specification
and will inform you of such in the Order Confirmation.]
4. Right to cancel
4.1 You have the right to cancel any contract either:
4.1.1 within seven days from the date of delivery if AFV Modeller Ltd has supplied
goods to you; or
4.1.2 within seven days from the date AFV Modeller Ltd sent you the Order Confirmation
if AFV Modeller Ltd has contracted to supply services to you, provided that
AFV Modeller Ltd has not started to provide those services before the expiry
of the cancellation period.
4.2 The cancellation notice should be sent by e-mail to AFV Modeller Ltd at
[firstname.lastname@example.org] and must state your name, a description of the goods
or services concerned and the contract number of the cancelled contract. Attaching
the Order Confirmation AFV Modeller Ltd originally sent you will also assist
AFV Modeller Ltd in processing your cancellation as quickly as possible. [The
contract number is stated in the Order Confirmation e-mailed to you on AFV Modeller
Ltd's acceptance of your order.]
4.3 Where AFV Modeller Ltd have supplied goods to you, you must take reasonable
care of the goods in your possession pending their return to AFV Modeller Ltd.
AFV Modeller Ltd will only accept the returned goods in their original packaging
and which do not exhibit signs of wear or tear. Any use of the delivered goods
beyond that necessary to inspect the goods on delivery will invalidate your
right to cancel the contract.
4.4 You must return the goods to AFV Modeller Ltd by registered post or similar
within five days (excluding Saturdays, Sundays or Bank Holidays) from the date
of the Cancellation Notice. You are responsible for the cost of returning the
goods to AFV Modeller Ltd and the risk of damage to the goods in transit. If
the goods are damaged in transit AFV Modeller Ltd reserves the right to refuse
a refund and it will be your responsibility to seek compensation from the carrier.
4.5 Once AFV Modeller Ltd has received the returned goods and satisfied itself
that you have complied with clause 4.3, it will send you confirmation by e-mail
that the return of the goods has been accepted by AFV Modeller Ltd and will
immediately make a refund of the contract price to your debit or credit card
used to purchase the goods.
5.1 AFV Modeller Ltd has taken reasonable care in the preparation of the content
of this site. However, to the extent permitted by applicable law, AFV Modeller
Ltd disclaims all warranties (express or implied) as to the accuracy of the
information contained in any of the materials on this site.
5.2 AFV Modeller Ltd shall not be liable to any person for any loss or damage,
which may arise from the use of any of the information contained in any of the
materials on this site.
5.3 Certain links in this site (typically a banner advert or icon) will lead
to sites which are not under the control of AFV Modeller Ltd. When you activate
any of these you will leave the AFV Modeller Ltd site and AFV Modeller Ltd has
no control over and will accept no responsibility or liability for the material
on any site which is not under the control of AFV Modeller Ltd.
6. Goodwill Exchange
Without prejudice to the provisions of clause 7, should any product you purchase
fail as a result of accidental damage - and within 3 months of purchase - simply
return it to us with your proof of purchase or receipt, an explanatory note
detailing the damage and just 50% of the original purchase price and we will
take responsibility for the 50% balance and send you a new replacement model
(or closest available equivalent).
7. Limitation of Liability
7.1 Nothing in this Agreement shall affect the statutory rights of any consumer
or exclude or restrict any liability for death or personal injury arising from
the negligence or fraud of AFV Modeller Ltd.
7.2 Subject to clause 7.1, you agree that AFV Modeller Ltd shall not be liable
either in contract, tort, negligence, statutory duty or otherwise, for any:
7.2.1 loss of profits, revenue or goodwill or any type of consequential, indirect
or special loss or damage whatever arising from or in any way connected with
7.2.2 direct loss or damage (including loss or damage which is reasonably foreseeable
or occurs naturally in the course of things) resulting from any acts, omissions,
failures or delays occurring on or in relation to those parts of the Internet
not under AFV Modeller Ltd's direct control including, without limitation, damage
for loss of business, loss of sales, non payment of sums due, loss of profits,
business interruption, loss of reputation, loss of business information, or
any other pecuniary loss (even where AFV Modeller Ltd has been advised of the
possibility of such loss or damage).
7.3 You also agree that (except in relation to such liability as has been expressly
excluded in clause 7.1 above) the maximum aggregate of liability of AFV Modeller
Ltd in contract, tort, negligence, statutory duty or otherwise (even where AFV
Modeller Ltd has been advised of the possibility of such loss or damage), for
any loss or damage whatever arising from or in any way connected with:
7.3.1 any defect in a product;
7.3.2 any failure by AFV Modeller Ltd to process signals, data, information,
orders or messages correctly or in a timely manner;
7.3.3 any misrouting or non-delivery of signals, data information, messages
or orders from you to other persons or from other persons to you, or any scrambling
or distortion of data or information contained in them; and
7.3.4 any liability not excluded by this Agreement shall, in respect of any
one or more events or series or events (whether connected or unconnected) taking
place within any twelve month period be limited, in the case of defects falling
within clause 7.3.1, to three times the price of the relevant goods/services.
This limit shall also apply in the event that any exclusion or other provision
contained in this Agreement is held to be invalid for any reason and AFV Modeller
Ltd becomes liable for loss or damage that could otherwise have been limited.
7.4 You agree and acknowledge that you are in a better position than AFV Modeller
Ltd to foresee and evaluate any potential damage or loss that you may suffer
in connection with the goods and services provided by AFV Modeller Ltd, and
therefore that AFV Modeller Ltd cannot adequately insure in respect of such
liability. You warrant to AFV Modeller Ltd that you will insure against, or
bear yourself, any loss for which AFV Modeller Ltd has excluded liability.
7.5 Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the limitations of liability set out in this clause 7 may
not apply to you.
Save to the extent that it falls within the provisions of clause 7, you shall
indemnify AFV Modeller Ltd and any third party (including its sub-contractors)
from and against any liability, losses, rights, expenses, loss of profits, business
interruption, consequential loss, pecuniary loss, claims or legal proceedings,
including, but not limited to claims involving defamation and intellectual property
infringement, and expenses, including legal fees, arising from your use of the
AFV Modeller Ltd site or purchase of goods and/or services from that site which
are brought or threatened against AFV Modeller Ltd or suffered or incurred by
AFV Modeller Ltd by another person or entity.
Delivery times quoted are estimates only, and AFV Modeller Ltd shall not be
liable for any delays caused except to the extent caused wilfully or negligently
by AFV Modeller Ltd. However, unless we have agreed a longer period for delivery
with you, we will either deliver goods and/or services within thirty days of
you placing the order or we will let you know as soon as it will not be possible
to meet this obligation. If we do let you know then we will either agree a new
time for delivery with you or, at your request, refund any monies paid by you
in respect of the delayed goods/services.
10. Complaints handling procedure
In the event that you have any complaints as to our service or any of the goods
and services supplied to you from our site, please email email@example.com.
All designs, text, graphics and their selection and arrangement on this site
are the copyright of AFV Modeller Ltd or its content providers. As a visitor
to the AFV Modeller Ltd site you are licensed to copy electronically or to print
portions of this site for your own personal, non-commercial use. Any other use
of materials on this site without AFV Modeller Ltd's prior written consent is
12.1 Intellectual property rights in any software or any other copyrighted materials
("Software") and supporting documentation supplied by us to you remain
our property or that of our licensors.
12.2 Without our written consent and without affecting any applicable statutory
rights under the Copyright (Computer Program) Regulations 1992 (as amended,
supplemented or replaced from time to time) you shall not and shall not permit
any other person to:
12.2.1 disassemble, reverse engineer, decompile or in any other way interfere
with the Software;
12.2.2 copy or modify the Software; or
12.2.3 create any new Software partly or wholly based on the Software.
12.3 Subject to the terms of this Agreement, you are licensed to use the Software
and associated documentation non-exclusively, but only for the purposes identified
on the site in relation to the Software.
12.4 You must not transfer, assign or sub-license your right to use the Software
or attempt to do so.
13. Typographical and Pricing Errors
In the event a product or service is listed at an incorrect price due to typographical
error or error in pricing information received from our suppliers, we shall
have the right to refuse to meet or to cancel any orders placed for that product
or service whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and your
order is cancelled, we shall immediately issue a credit to your credit card
account in the amount of the charge.
14. Matters Beyond our Reasonable Control
AFV Modeller Ltd shall not be held liable for any breach of this Agreement caused
by circumstances out of its control including, but not limited to, Acts of God,
fire, lightening, flood, or extremely severe weather, explosion, war, disorder,
flood, industrial disputes (whether or not involving our employees), acts or
omissions of Internet services providers or acts of local or central Government
or other competent authorities.
In the event of conflict or inconsistency between the terms of the English language
version of this Agreement and any translation provided by us, the English language
version shall prevail.
In the event that any term of this Agreement is held to be invalid or unenforceable
by judicial decree or decision, the remainder of this Agreement shall remain
valid and enforceable.
17. This Agreement.
This Agreement, together with our Privacy and Fraud and Piracy Policies, contains
the entire agreement and understanding between the parties relating to its subject
matter, and (in relation to that subject matter) supersedes any and all prior
agreements, arrangements, statements and understandings, except for any fraud
or fraudulent representation by either party. Accordingly, we exclude all representations
and warranties relating to the subject matter of this Agreement, whether they
are statutory or otherwise, as far as is possible by law. In the event of conflict
or inconsistency between the above documents, the following order of priority
18. AFV Modeller Ltd Privacy Statement
Registration Data and certain other information about you is subject to our