Terms & Conditions

Taunton Controls Limited

Terms & Conditions

We are Taunton Controls Limited of Taunton, Somerset, TA1 1RT and “we”, “us”, “our” and “ours” refer to Taunton Controls Limited and all branch offices of Taunton Controls Limited. Taunton Controls Limited, for the purposes of this agreement, includes any subsidiary or associated company (as defined by s.736 Companies Act 1985) of Taunton Controls Limited.

You are any visitor to our website ztccontrols.co.uk and “you”, “your” and “yours” refer to any visitor to our website.

Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.

1. Introduction
1.1 Please read these terms and conditions carefully before using our website. In particular, we draw your attention to paragraphs 8 (Applicability of online materials) and 12 (Liability). By accessing or using ztccontrols.co.uk (‘our website’) you agree to be legally bound by these terms and conditions or any modified terms and conditions in effect at the time of any purchase from us. 1.2 Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website. 1.3 If you do not wish to be bound by these terms and conditions then you may not use our website.

2. Nature of our Website
2.1 Our website is a place for you to select and order our model railway control products (the ‘Products’). The website describes the Products in more detail. 2.2 Please note that our website is available only to individuals that can form legally binding contracts under applicable law. The contents of our website are aimed at users aged 18 and above, and you must be over 18 years to purchase the Products, using the payment method displayed on our website. If you do not qualify, click here to leave our website now.

3. Buying Products on our Website
3.1 To order a product you will need to follow the ordering procedures set out on our order page. Details of our prices for the Products, and the procedures for payment and delivery are displayed on our website. 3.2 Any times or dates stated on our website for delivery are estimates only. We shall make all reasonable effort to deliver goods within the time specified, but we do not accept liability for any failure to deliver within that time. 3.3 You must pay by credit or debit card at the time of order. The price of any Product is the price valid at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see paragraph 3.4 below). We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the product at the correct price. Unless otherwise indicated, the prices are exclusive of delivery costs and applicable taxes. You will be responsible for payment of any sum incorrectly authorized by any credit/debit card company or other third party and shall within seven days make payment of any such sum on request by us (interest in respect of late payment of any incorrectly authorised sum shall be charged at one per cent (1%) per calendar month). 3.4 We are entitled to refuse any order placed by you for any reason. If your order is accepted, we will confirm acceptance to you by online electronic means (‘Confirmation’) to the e-mail address you have given us on ordering. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 28 days. 3.5 If the Product you ordered is unavailable, we may provide to you a substitute of an equivalent quality and price (‘Substitute Product’). 3.6 You undertake that all details you provide to us for the purpose of purchasing goods or services which may be offered by us on our website will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

4. Returns
4.1 You may return any Products you have purchased within 7 working days of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing or other durable medium (including e-mail) within those 7 working days. You will then be entitled to a refund from us, which will be paid as soon as possible, but in any event within 30 days. You must arrange for and pay the costs of returning the Products to us – on request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the refund. While in your possession, you must keep any Products you intend to return to us in good condition. 4.2 We will, at our discretion, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products if: 4.2.1 the Product delivered is not what you ordered (including any Substitute Products), or does not correspond with its description; 4.2.2 the Product delivered is not of a satisfactory quality. 4.3 If you have any complaints, you should direct them immediately following receipt of the Product to us via e-mail at ttmrc@hotmail.co.uk or by post at the address stated at the beginning of these Terms.

5. Modifications to Website
5.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new or updated Products shall be subject to these terms and conditions. 5.2 Please note that although we try to ensure that the content of our website is accurate, our website may contain typographical errors or other inaccuracies.

6. Information You Provide to Us
6.1 The following applies to any information you provide to us, for example during any registration or ordering process. 6.1.1 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our ‘Partner Companies’). These Partner Companies may be located in countries outside the European Union that do not have laws to protect your information. Details of the companies and countries involved in your case will be provided on request. If you would like to request such information or review or modify any part of your personal information then you should e-mail us at ttmrc@hotmail.co.uk. 6.1.2 If you obtain or choose to buy Products through our website then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters or post reviews or other messages on the bulletin boards or in chat areas then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these terms and conditions as ‘Personal Information’. 6.1.3 You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy. 6.1.4 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should e-mail us at ttmrc@hotmail.co.uk. 6.1.5 In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us (‘Content’): 6.1.6 you must own or have the right to submit Content for publication on our website and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice; 6.1.7 you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; 6.1.8 you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and 6.1.9 we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above. 6.2 You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us. 6.3 You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.

7. Security
7.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

8. Applicability of Online Materials
8.1 Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use and may not be reproduced without our specific written consent. 8.2 Our website is controlled and operated by us from our offices in England. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it. 8.3 We have used our best endeavours to ensure that our website complies with English laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside of England. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately. You will fully indemnify us for any breach of this paragraph by you in any territory. 8.4 We make no representations and give no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

9. Copyright and Monitoring
9.1 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is us, our affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

10. Linked Sites
10.1 We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

11. Availability of our Website
11.1 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.11.2 We undertake that for any Product you purchase from our website:11.2.1 we have the right to sell the Product to you;11.2.2 the Product will correspond with the description we have given to you; 11.2.3 Subject to this, however, Products are not sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. 11.2.4 We also promise that any service we provide to you will be provided with reasonable skill and care.11.2.5 We exclude (subject to mandatory effect of law) all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our website or any information or service provided through our website.11.2.6 We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

12. Liability
12.1 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on our part or on the part of our servants, agents or any other person or entity.12.2 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.12.3 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing 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.12.4 The limitations and exclusions in this paragraph do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

13. General
13.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.13.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.13.3 These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions. 13.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. 13.5 These terms and conditions and your use of our website are governed by English law and you submit to the non- exclusive jurisdiction of the English court. 13.6 Except in respect of a payment obligation, neither you nor us will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control. 13.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right. 13.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

14. Notices
14.1 All notices shall be given: 14.1.1 to us via e-mail at ttmrc@hotmail.co.uk or by post at the address stated at the beginning of these terms and conditions; or 14.1.2 to you at either the e-mail or postal address you provide during any ordering process. 14.2 Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

15. Replacement
15.1 These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or sale of the Products.