We do not warrant that functions and pages available on this website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available is free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Except for death or personal injury caused by our own negligence, the owner, administrator of the website CoolModelTrains.com, its contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of or any information, services or content on CoolModelTrains.com.
1. Definitions and Interpretations
1.1 In these Terms the following words shall mean:
Contract: These Terms and the Order;
Service: The service purchased by You from Us;
Order: The order for Services placed by You and accepted by Us subject to these Terms;
Price Promise: Any price promise announced by Us on the Website from time to time;
Returns Policy: Our Returns Policy as set out on this Website
You, Your: The person or organisation/company using the Website or buying Services from Us pursuant to these Terms.
Us, We, Our: The owners of the this Website
1.2 Any queries regarding these Terms or the Services must be made via the contact us page.
1.3 Any queries regarding an Order must be made via email to Shop<at>CoolNodelTrains<dot>com
2. Service Information
2.1 We have made all reasonable efforts to accurately describe the Service/Product we are providing on Our Website. You acknowledge and accept that. However ultimately, You are responsible for ensuring that the Service/Product is suitable for Your requirements.
2.2 We guarantee that the Service/Product we provide is to a standard no less than would be expected than described. We will exchange any Service/Product which fails to conform to the guarantee within 30 days from the date it/they were ordered. This clause sets out our entire liability for any failure to meet the guarantee.
2.3 Our Price Promise is given subject to the following:
a. The Price Promise does not include comparisons with any services which are sold under any sale or special promotional offer including without limit, Christmas or seasonal sales;
b. Price comparisons exclude sales by auctions (including internet auction sites);
c. Price comparisons do not include Services/Products sold privately;
d. Price comparisons do not include Services/Products sold in bulk.
2.4 Items classed as "special offer" are gross priced Services/Products and any other costs such as postage are still applicable.
2.5 You have read the information regarding our products.
3. The Contract Between You and Us
3.1 We must receive payment of the whole price for the Service/Product that You order before Your Order can be accepted. Once payment has been received by Us We will confirm that Your Order has been received by sending an e-mail to You at the email address You provided when creating Your account with Us. Please set your spam filter to allow emails from "CoolModelTrains.com”
3.2 You have the right to cancel the Order up to the point at which the Products are despatched by Us at which point you have entered into a contract with Us.
4.1 Subject to clause 4, the price payable for Service/Product are as set out on Our Website.
4.2 The prices payable for services as set out on the Website do not i nclude Taxes. Taxes wil be added at the end as part od the check-out process.
5. Right of Cancellation
5.1 All cancellations should be undertaken in accordance with and subject to Our returns policy.
5.2 You must send the Product back to Our Contact Address at Your own cost and risk whilst quoting both your Order ID and your contact details.
6. Cancellation by Us
6.1 We reserve the right to cancel the Contract if:
a. We have insufficient stock to deliver the Service You have ordered; or
b. We do not deliver to Your area or country; or
c. If one or more of the Services You ordered was listed with incorrect information including without limit, price, and/or description for whatever reason; or
d. If We have reason to believe that You will not comply with these Terms
7. Delivery of Services to You
7.1 Subject to clause 7.4, We will deliver the Product ordered by You to the shipping address You give Us.
7.2 If You have entered an incorrect address we will hold no responsibility of its loss in the postal system and the full price of the same order will be charged if the order is still required.
7.3 If you selected a traceable option when You made Your order, it will be Your responsibility to track the item.
7.4 You will become the owner of the Product you have ordered when they have been delivered to You. Once the Product has been delivered to You, they will be held at Your own risk and We will not be liable for their loss or destruction.
7.5 Delivery is made by FedEx, Purolator Or Canada Post.
7.6 You agree to communicate with Us in-regards to any support queries whatsoever.
8. Liability and Limitation
8.1 If the Service We deliver are not what You ordered or are damaged when You receive them or the delivery is of an incorrect quantity, We shall have no liability to You unless you cotact us with details of the problem within thirty (30) calendar days starting from the date immediately after the delivery of the Product in question.
8.2 We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising from Your order and in any event our maximum liability to You shall be to refund to You the amount paid by You for the Service giving rise to the claim.
8.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Services from Our Website. The importation or exportation of Service/Product to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Services you purchase.
8.4 Notwithstanding the above, nothing in these Terms is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to You for any death or personal injury resulting from Our negligence.
8.5 You acknowledge and accept that on the Website We give no representation, warranty or statement as to the Services including without limit their quality and/or suitability.
Unless otherwise expressly stated in these Terms, all notices from You to Us must be sent via e-mail or using our Contact Us page.
10. Events Beyond our Control
We shall have no liability to You for any failure to deliver Services You have ordered or any delay in doing so or for any damage or defect to Service/Product delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs, terrorism and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these Terms is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
13. Returns procedure
We guarantee your satisfaction with any goods that you purchase from us. If you are not happy with your purchase for any reason you may contact us within 7 days of receiving your goods to arrange a full refund. Refunds will be made within 30 days of receiving the returned goods and will be made by the same method that you made your original payment. If you would like to return unwanted goods please ensure that you contact us prior to sending them back. We strongly recommend that returned goods are sent by registered mail with the appropriate insurance cover as they will only be deemed returned when signed for by us.
14. Governing law
This Contract shall be governed by and interpreted in accordance with international law and the international courts of justice and shall have jurisdiction to resolve any disputes between us.
The laws of Canada and Ontario shall govern your use of the site and you hereby agree to submit to the exclusive jurisdiction of the Canadian courts.
If You have any concerns or complaints about this Website or the service You have received then please let Us know using the Contact Us page.
16. Entire Agreement
These Terms, together with our current Website prices, "postage & packaging” details, returns procedure and privacy notice, set out the whole of our agreement relating to the supply of the Services to You by Us. Nothing said by any sales person on our behalf should be understood as a variation of the Terms or as an authorised representation about the nature or quality of any Services offered for sale by Us.