Terms & Conditions
This page (together with the documents referred to on it if any) tells you the terms and conditions on which we supply any of the products listed on our website modelcardirect.com or modelcardirect.co.uk (our site) to you. These terms and conditions only apply if you are buying as a consumer.
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Unless we say otherwise, we use the terms “Model Car Direct”, “modelcardirect.com”, “modelcardirect.co.uk”, “we”, “us” and “our” on this page to refer to Model Car Direct.
1. Information about us
Our website modelcardirect.com or modelcardirect.co.uk is operated and owned by Model Car Direct. We are registered in England and Wales.
2. Service availability
Our website is currently only intended for use by people resident in the United Kingdom (mainland only) and we reserve the right to not accept orders from individuals resident elsewhere.
3. Your status
By placing an order through our site, you warrant that:
3.1 you are legally capable of entering into binding contracts;
3.2 you (and, if different, the recipient of the product) satisfy the age requirements necessary to buy product(s) with age restriction;
3.3 you are resident in the United Kingdom (mainland only); and
3.4 you are accessing our site from the United Kingdom (mainland).
4. Order process and how the contract is formed between you and us
4.1 Our display of products on our website is an invitation and not an offer to sell those products to you.
4.2 An offer is made when you place the order for your products. However, we will not have made a contract with you unless and until we accept your offer (see point 4.5 below).
4.3 We take payment, when we process your order and have checked your payment details. Products are subject to availability. If we are unable to supply the product(s), we will inform you of this as soon as possible. A full refund will be given if you have already paid for the products.
4.4 We will send you an order acknowledgement e-mail and order update e-mail(s) If you entered correct e-mail adddress. These are not order confirmation or order acceptance from us.
4.5 Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place at the point the products you have ordered are dispatched from us to be delivered to the address you have given us. It does not take place until that stage, even though we may have debited your card (see 4.3 above) or we have sent acknowledging e-mails (see 4.4 above). Very occasionally an error may occur resulting in the products described on our website not being the products actually available for sale. In this case your order will not be or have been accepted. We may ask you whether you wish to purchase other products we may have available or the products which may have been dispatched to you in error. If so your order will be amended. Otherwise, we will treat any order as cancelled and any incorrect products dispatched will be collected for full refund.
4.6 Any drawings, photographs, descriptions or advertising we issue, and any photographs, descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the products they describe. They do not form part of the Contract between you and us or any other contract between you and use for the sale of the Products.
4.7 The contract will be formed at the place of dispatch of the products.
4.8 All orders that you place on this website will be subject to acceptance in accordance with clause 4.5 of these terms and conditions.
4.9 We do not file details of your order for you to access please print out these terms and conditions and the order acknowledgement for your own record.
5.1 You may cancel a Contract at any time within fourteen days, beginning on the day you receive the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must inform us in writing. You must also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 In all cases the products returned should be in their original condition, complete with any instruction booklets and packaging.
5.4 We are unable to provide a refund of the delivery charges where only part of your order is being cancelled.
5.5 We will refund the cheapest delivery cost offered of sending the item to you where applicable.
5.6 You will not have any right to cancel a Contract for the supply of any of the following Products:
5.6.1 Consumable products except where a fault has been discovered that could not have been identified without unsealing the products.
5.7 We will not refund the cost of gift-wrapping, your costs in returning the item to us and other services provided to you in connection with your purchase (eg. Express Delivery (see clause 5.5 above)) unless you are returning the item to us because of an error on our part (or because it is defective).
6. Availability and delivery
6.1 Delivery charges and timescales vary depending on the type of products ordered, the service you select, delivery address and unforeseeable disruptions to delivery services.
6.2 Delivery will be made to the address specified in your order.
6.3 Orders placed will be processed within 72 hours and will be delivered in accordance with your delivery request providing further security checks are not required and all the Products are available.
6.3.1 Order containing product(s) that we do not have in stock will be shipped within 48 hours of us receiving from our supplier/distributor.
6.4 There will be no delivery until clear funds have been received.
7.1 The Products will be at your risk from the time of delivery.
8 Description, Prices and Payments
8.1 Prices shown on the website are inclusive of VAT at the appropriate rate but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Information.
8.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Dispatched Confirmation.
8.3 Our site contains a large number of Products and whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.4 We are under no obligation to provide the product(s) to you at the incorrect (lower) price, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.5 Images of the products on our website are for illustrative purposes only. Representations of colour online are as accurate as our photographic and electronic processes will allow. Please note that colour online can also be affected by the calibrations of different output devices. And;
8.5.1 All weights and sizes are supplied as a guide only and are approximate.
8.6 Payment for all products must be by credit or debit card. We accept payment with Visa, Mastercard, American Express and Paypal. We shall not despatch any products until we receive cleared funds in full. No payment shall be deemed to have been received until we have received cleared funds.
8.7 We reserve the right to not ship to unconfirmed addresses if you are using Paypal as your payment method.
8.8 To ensure that shopping online is secure, when paying by credit/debit card your details will be encrypted using the SSL Software. We have chosen to use Stripe and PayPal as our payment gateway. They ensure that all your credit card details are encrypted and sent securely between you, your bank and us. We do not store any of your payment details on our Website. We may charge you an administration fee of Â£5 each time your bank is unable to process your payment.
8.9 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. Our refunds policy
9.1 When you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation, provided the goods have been returned us in the same condition as delivery. In this case, we will refund the price of the Product in full, including the cost of sending the item to you (subject to clause 5.4 above), up to our cheapest delivery method, we will not refund premium delivery surcharges.
9.2 You will be responsible for the cost of returning the item to us. We recommend that all items are returned via a recorded delivery method, obtain proof of posting, as we will not be liable for any damage or loss whilst in transit.
9.3 If you claim the product(s) to be defective, we will examine the returned product(s) and if you are entitled, we will notify you of our intentions to either repair, replace or refund via e-mail within a reasonable period of time.
9.4 If you are entitled to a refund, repair or replacement of a defective product(s) we will not charge you for redelivery of the repaired or replaced product(s).
9.5 If you choose to return the defective product(s) to us using your own method of delivery, we will refund up to £3.50 of the costs incurred by you. This will only be refunded upon the receipt of proof of the carriage costs.
9.6 Refunds of any money received from you will be made using the same payment method originally used by you to pay for your purchase and paid back into the same account.
10. Reward points
10.1 We reserve the right to cancel, withdraw or alter the scheme, including the reward points terms and conditions or any individual rewards points account at any time.
10.2 The standard number of points you will collect are one reward points for every £1 you spend on qualifying purchases.
10.3 After shopping online on our website, your points will automatically be shown in my account.
10.3.1 You must be logged in to your account or create an account in order to collect points.
10.3.2 Points are not available for guest checkout.
10.4 One point is worth one penny/pence to spend on product(s).
10.5 We will not exchange reward points for cash and the offer is non-transferable.
10.6 We reserve the right to substitute or remove products available for reward points collection and redemption without notice.
10.7 If you return a product for a refund, we will deduct the number of points collected from your reward points account.
10.8 If a product you buy with reward points is faulty, please return it. If necessary, we will credit your account with the right number of points. No cash refund will be given in these circumstances
10.9 We reserves the right to withdraw reward points promotions/offers without notice.
11.1 In any case we shall not be held liable other than to the extent permitted by law. You acknowledge you shall indemnify and hold us harmless for all losses including but not limited to direct, indirect and consequential loss.
11.2 Your statutory rights are not affected by these conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions. For more information about your statutory rights contact your local authority Trading Standards Department or Citizens’ Advice Bureau.
11.3 Where a warrant is applicable the warranty does not apply to any defect in the product(s) arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the product(s) in a way that we do not recommend, your failure to follow instructions, or make any alterations or repair you carry out without our prior written approval.
12. Data protection and usage
12.1 Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfilment.
12.2 For your security, when ordering from us we only use Secure Socket Layer (SSL) technology, to ensure you cannot accidentally place an order through an unsecured connection.
13. Protecting your security
13.1 To ensure that your credit, debit or charge card is not being used without your consent, we may require to validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
13.2 During security checks we may ask for additional information or documentation to help support the data you have supplied.
14. Events outside our control
We will not be liable or accountable for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
If part of these Terms and Conditions are deemed by any competent authority to be invalid, unlawful or unenforceable to any extent, then such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the extent permitted by law.
16. Our right to vary these terms and conditions
16.1 We reserve the right to revise and amend these terms and conditions from time to time to reflect changes affecting our business, payment methods, relevant laws and regulatory requirements and our system’s capabilities.
16.2 You will be subject to the terms and conditions in force at the time that you order product(s) from us, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these terms and conditions before we accept your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the product(s)).
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.