TERMS & CONDITIONS
Terms & Conditions
These terms and conditions apply to your use of The Model Shop Portsmouth website and to purchases made through our online store. They explain how our website and ordering process work, as well as some of the responsibilities that apply when you shop with us.
1. About us
The Model Shop Portsmouth Ltd operates The Model Shop Portsmouth website and our physical model shop at:
65 Kingston Road
Portsmouth
PO2 7DX
United Kingdom
Telephone: 023 9273 8111
Email: modelshopportsmouth@gmail.com
References to "we", "us" or "our" in these terms mean The Model Shop Portsmouth Ltd.
2. Using our website
You may use our website for lawful purposes and in accordance with these terms.
We aim to keep the information on our website accurate and up to date, but product information, availability, prices, images and other content may change from time to time.
We may update, change or remove website content where necessary, including information about products and services.
You must not use our website in a way that could damage, disable, overburden or interfere with the operation or security of the website, or attempt to gain unauthorised access to our systems or other users' information.
If you create a customer account, you are responsible for keeping your login details secure and for the activity carried out through your account.
3. Product information
We take care to make sure that product descriptions, photographs, specifications and other information on our website are as accurate and up to date as reasonably possible.
Product images are provided to give an indication of the product and, where appropriate, packaging. Colours and appearance may vary depending on your screen or device.
Some products, particularly model railway items, may have specifications such as gauge, scale, era, DCC compatibility or other features. We aim to provide this information accurately, but manufacturers may change specifications or packaging without notice.
Product availability shown on the website can change, particularly where an item is also available in our physical shop. We will do our best to keep availability information up to date.
If we discover that a product has been listed with an incorrect description, specification or price, we will contact you where appropriate and explain the available options before completing the order.
Nothing in these terms affects your statutory rights.
4. Prices
All prices displayed on our website are in pounds sterling (£) and include VAT where applicable.
The price payable for a product is the price shown on our website at the time you place your order, unless there is an obvious error in the price.
Delivery charges, where applicable, are shown separately at checkout before you complete your purchase.
We take reasonable care to ensure that prices are displayed correctly. If we discover an obvious pricing error, we will contact you as soon as reasonably possible. If the correct price is higher than the price shown, you may choose whether to proceed with the purchase at the correct price or cancel the order.
Prices and availability may change from time to time without notice. Any change will not affect an order that we have already accepted, except where an obvious pricing error has occurred.
Promotional offers and discounts may be subject to additional terms, which will be clearly explained at the time of the offer.
5. Placing an order
When you place an order through our website, you are making an offer to purchase the products in your order.
After you place your order, you will receive an email confirming that we have received it. This acknowledgement confirms that your order has been received, but does not necessarily mean that we have accepted your order.
Your order is accepted when we confirm that the products have been dispatched or otherwise confirm acceptance of your order.
We may contact you if we need additional information to process your order, including where we need to clarify delivery details or carry out reasonable security checks.
If we are unable to accept your order, for example because an item is unavailable, there is an obvious pricing or product information error, or we are unable to complete appropriate security checks, we will contact you and arrange a refund of any payment already taken.
If part of your order is unavailable, we may contact you to discuss the available options rather than cancelling the entire order automatically.
Once an order has been accepted, we will fulfil it in accordance with these terms and your statutory rights.
6. Payment & order security
We accept the payment methods displayed at checkout. These may include payment by card, PayPal and Klarna, subject to availability and eligibility.
Payments are processed through secure payment providers. We do not normally have access to or store your full card payment details.
Payment must be authorised before we can dispatch an order. If payment cannot be authorised or is subsequently declined, we may be unable to fulfil the order.
To help protect our customers and our business from fraudulent transactions, we may carry out additional security checks on new or unusual orders.
For some orders, particularly a first order or an order being delivered to an address different from the cardholder's usual or registered address, we may contact you for additional information before dispatch.
These checks are part of our normal security procedures and do not necessarily mean there is a problem with your order.
Where we are unable to verify an order to our satisfaction, we may delay or cancel the order and refund any payment already taken.
We will never ask you to provide your full card number, PIN or online banking password by email or telephone.
7. Delivery
We aim to dispatch in-stock orders within 2 working days of receiving cleared payment. Delivery options and charges will be shown at checkout.
Delivery times are estimates and may vary depending on the delivery service, destination, weather, seasonal demand or circumstances outside our control.
We will send your order to the delivery address provided when you place your order. Please check that your delivery details are correct before completing your purchase.
If an order is returned to us because an incorrect or incomplete delivery address was provided, we may contact you to arrange a suitable delivery option. Additional delivery charges may apply where appropriate.
We offer international delivery to many countries. The countries and delivery services currently available will be shown at checkout. Some products may be subject to shipping restrictions.
International customers are responsible for any customs duties, import taxes or other charges that may be imposed by the destination country, unless otherwise stated at checkout.
Where an item is temporarily unavailable or there is a delay in obtaining stock, we may contact you to explain the situation and discuss the available options.
If you believe your order has been lost or damaged during delivery, please contact us as soon as possible so that we can investigate the matter with the delivery service and help resolve the problem.
Nothing in these terms affects your statutory rights relating to delivery.
8. Returns & refunds
We want you to be happy with your purchase from The Model Shop Portsmouth. If something is wrong with your order, or you have simply changed your mind, we will deal with your return in accordance with our Returns & Refunds policy and your statutory rights.
If goods arrive damaged, faulty or not as described, please contact us as soon as possible. We may ask for photographs or other information to help us assess the problem and may ask you to return the goods to us.
If you purchase goods online, you generally have the right to cancel your order within 14 days of receiving the goods, without giving a reason, subject to any statutory exceptions. Once you have notified us that you wish to cancel, you normally have a further 14 days to return the goods.
Where you are exercising a statutory right to cancel, you will normally be responsible for the cost of returning unwanted goods unless we have agreed otherwise or the goods are faulty, damaged or not as described.
Where a refund is due, we will normally refund the original payment method. Where a statutory cancellation applies, refunds will be handled in accordance with the applicable legal requirements.
Certain products and circumstances may be excluded from the statutory right to cancel or may be subject to different rules. These may include personalised or bespoke items, certain sealed goods where the seal has been broken, and other statutory exemptions.
Paints and other products supplied in sealed containers must be returned unopened and unused where a return is permitted. This does not affect your statutory rights where a product is faulty, damaged or not as described.
For full details of our returns process, please see our Returns & Refunds page.
Nothing in these terms affects your statutory rights.
9. Pre-owned goods
We sell a range of pre-owned model railway items, models, accessories and other hobby products.
Pre-owned items are sold in the condition described on the individual product listing. Photographs and descriptions are provided to help you understand the condition of the item before you purchase it.
Where appropriate, we will identify known defects, missing parts, damage, wear or other significant condition issues in the product description.
Because pre-owned items are previously owned, they may show signs of use, age, storage or handling. Minor cosmetic marks or other signs of previous use that are consistent with the described condition are not necessarily faults.
For pre-owned locomotives and other items described as non-running, the item is being sold as non-running unless the listing specifically states otherwise. We cannot guarantee that a non-running item can be repaired or that it will be economically viable to repair.
Where a pre-owned locomotive is described as tested or working, this reflects the testing we have carried out and the condition of the locomotive at the time of testing.
Unless otherwise stated in the individual product listing, pre-owned locomotives purchased from us are covered by a 90-day guarantee from the date of purchase. If a covered locomotive develops a fault during this period, please contact us so that we can assess the problem and advise you on the appropriate next steps.
The 90-day guarantee relates to the condition and operation of the locomotive as supplied. It does not cover damage caused by misuse, accident, incorrect operation, modification, unauthorised repair or other damage occurring after purchase.
The 90-day guarantee does not affect your statutory rights.
If a pre-owned item is faulty, not as described or otherwise does not meet the requirements of applicable consumer law, please contact us so that we can help resolve the problem.
Returns of pre-owned goods
Pre-owned goods are not normally eligible for a refund where a customer has simply changed their mind. Where we agree to accept the return of a pre-owned item in these circumstances, we will issue a credit note or voucher to the value of the returned item rather than providing a cash refund.
This does not affect your statutory rights. If a pre-owned item is faulty, not as described or otherwise does not meet the requirements of applicable consumer law, please contact us so that we can advise you on the appropriate remedy.
10. Gift Cards & vouchers
We offer gift cards and vouchers for customers who would like to give the gift of model making and model railways.Our online e-Gift Cards are purchased through our website and are intended for use online. Details of how to use an e-Gift Card will be provided with the card.Our in-store vouchers are intended for use in The Model Shop Portsmouth shop. They cannot be used online unless we specifically state otherwise.Gift cards and vouchers cannot normally be exchanged for cash or refunded, except where required by law.Please take reasonable care of gift card and voucher details. We cannot be responsible for unauthorised use where the relevant code or voucher details have been obtained by someone else.If you experience a problem receiving or using an e-Gift Card or voucher, please contact us and we will be happy to help.Gift cards and vouchers are subject to any additional terms displayed at the time of purchase.
11. Repairs & servicing
We offer repair, servicing and decoder-fitting services for model railway locomotives and other suitable items.
Before carrying out work, we may inspect the item to determine the nature of the problem and the work required. Where appropriate, we will discuss the proposed work and any estimated costs with you before proceeding.
Repair and servicing charges are for labour unless otherwise stated. The cost of spare parts, replacement components, decoders and other materials is normally charged separately.
Where a repair requires additional work or parts that were not reasonably foreseeable when the item was initially assessed, we may contact you for approval before carrying out the additional work.
Repair and servicing times are estimates and may vary depending on the nature of the fault, availability of parts and the complexity of the work.
We will take reasonable care of items while they are in our possession for repair or servicing. However, older, fragile or previously damaged models may contain components that are worn, brittle or otherwise liable to fail during normal repair or servicing work. Where this is relevant, we will discuss the situation with you.
If an item is found to be beyond economical repair, or if the required parts are unavailable, we may advise you of this before proceeding with further work.
Any repair or servicing work we carry out does not affect your statutory rights.
12. Intellectual property
The content of this website, including text, photographs, graphics, logos, designs, product information and other materials, is owned by or licensed to The Model Shop Portsmouth Ltd unless otherwise stated.
You may view and use the website for your own personal, non-commercial purposes.
You must not copy, reproduce, distribute, modify, republish or commercially exploit material from our website without our prior written permission, except where permitted by law.
The Model Shop Portsmouth name, branding, logos and other materials associated with our business may not be used without our permission.
Product names, brand names, trademarks, logos and images belonging to manufacturers or other third parties remain the property of their respective owners. Their appearance on our website does not mean that we own those rights or that we are affiliated with or endorsed by the relevant manufacturer unless expressly stated.
If you believe that material appearing on our website infringes your intellectual property rights, please contact us with details of the material and the rights concerned so that we can investigate.
13. Third-party websites
Our website may contain links to websites or services operated by third parties.
These links are provided for your convenience and may include manufacturers, suppliers, payment providers or other organisations whose websites may be useful to you.
We do not control these third-party websites and are not responsible for their content, availability, security, privacy practices or terms and conditions.
If you choose to visit a third-party website or use a third-party service, you do so in accordance with that third party's own terms and policies.
The inclusion of a link on our website does not necessarily mean that we endorse or are affiliated with the organisation or service concerned, unless we expressly state otherwise.
14. Our responsibility
We will provide our products and services with reasonable care and skill and in accordance with your statutory rights.
We are not responsible for delays or failures caused by circumstances outside our reasonable control. These may include severe weather, transport disruption, industrial action, power or internet failures, supplier delays or other events beyond our reasonable control.
If circumstances outside our reasonable control affect an order or service, we will take reasonable steps to minimise the impact and keep you informed where appropriate.
Nothing in these terms excludes or limits any liability that cannot legally be excluded or limited, including your statutory rights relating to the goods and services we provide.
We are not responsible for losses that arise solely from your failure to follow reasonable instructions supplied with a product, including manufacturer instructions, provided that this does not affect your statutory rights.
Nothing in these terms affects our responsibility for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited.
15. Changes to these terms
We may update these terms from time to time to reflect changes to our business, website, products, services or legal requirements.
When we make changes, the updated version will be published on our website and the date of the latest update will be shown where appropriate.
The terms that apply to your order will be the terms in force at the time you place your order, unless a change is required by law or otherwise agreed with you.
We recommend checking this page from time to time so that you are aware of any changes.
16. Governing law
These terms and any contract between you and The Model Shop Portsmouth Ltd are governed by the laws of England and Wales.
If you are a consumer, you will also benefit from any mandatory rights and protections provided by the laws that apply to you. Nothing in these terms is intended to restrict any rights you may have under applicable consumer law.
Any disputes relating to these terms or your purchase will be subject to the jurisdiction of the courts of England and Wales, unless applicable law gives you the right to bring proceedings elsewhere.
NEED HELP?
We're here to help
If you have a question about these terms, your order or anything else on our website, please contact The Model Shop Portsmouth. We'll be happy to help.