Terms & Conditions

DISCLAIMER“040 Trains N Models” would like to welcome you to this website; we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer. This information on this website is provided for general information only. “040 Trains N Models” has provided this information for the benefit of users in good faith and with reasonable care. Errors and omissions in this information may occur. “040 Trains N Models” attempts to be as accurate as possible. However, “040 Trains N Models” does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

040 Trains N Models reserves the right to improve and amend the web site/ list with out notice. 040 Trains N Models reserves the right to withdraw or add models with out prior notice.

By purchasing products from “040 Trains N Models” the purchaser (“the customer”), agrees to the following terms and conditions of sale:

1. CONSUMER GUARANTEES ACT 1993: Where the provisions of the Consumer Guarantees Act 1993 apply, these terms will be read subject to the application of the Act, and in the case of any conflict, the provisions of the Act will apply.

2. LIMITION OF LIABILTY: The Customer shall indemnify “040 Trains N Models” against any loss of or damage to property. “040 Trains N Models” shall not be liable to the Customer for any incidental indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products, even if “040 Trains N Models” has been advised of their possibility.

3. ADDRESSING: If a product is found to be miss-addressed by “040 Trains N Models”, then “040 Trains N Models” shall be responsible for the redelivery, replacement or credit note of the product. If the Customer is found to have given an incorrect or insufficient address, then “040 Trains N Models” will not issue a credit note nor resend the product and all responsibility for correcting delivery will be borne by the Customer.

4. INCORRECT BANK ACCOUNT NUMBER: “040 Trains N Models” gives the Customer the choice to pay for the products through bank transfer. If the customer credits money to the incorrect bank account number, and the correct number was provided to the customer by “040 Trains N Models”, Then “040 Trains N Models” will not accept any responsibility for correcting payment and goods will not be dispatched.

5. MAILING CASH: “040 Trains N Models” does not recommend that cash be mailed for payment of products. If the Customer does mail cash, “040 Trains N Models” accepts no responsibility for the theft, loss or otherwise non-delivery of mailed cash.

6. GST: For New Zealand delivery addresses, all prices are GST inclusive unless otherwise stated.

7. PRODUCT DESCRIPTIONS: “040 Trains N Models” attempts to be as accurate as possible. However, 040 Trains N Models does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

8. ANTI SPAM POLICY: “040 Trains N Models” has a no tolerance spam policy. Your account will be immediately terminated if you send spam and you will be obligated to indemnify“040 Trains N Models” against any liabilities, costs and expenses it incurs as a result of such spam. Generally, spam is defined as unsolicited mass email to persons with whom you do not have a business relationship or have not requested (opted-in to) your mailing.

9. ELECTRONIC COMMUNICATIONS: When you visit “040 Trains N Models” or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Shipping & Insurance

Whilst we take every care to pack and dispatch your order to ensure safe and timely arrival at its destination, we take no responsibility for loss or damage once the consignment leaves our Shop.

Returns

If you are not satisfied with any item, it may be returned in unused, re-sellable condition (in original packaging) within 30 days from invoice date for a refund (Freight/Post & Packaging on original invoice is non refundable, also less cost of shipping, insurance and packing as applicable). Products can be returned to 040 Trains N Models at your own expense within 30 days from the time of purchase if prior agreement has been made with us. Before returning goods you must first contact us and let us know us that you wish to return goods and the reason why.    040 Trains N Models accepts returned goods, if product you received is not as advertised on our website or the product you received is faulty due to a manufacturing defect. 040 Trains N Models takes great care in packing products to ensure safe delivery. Unfortunately, we are unable to provide replacements or refunds should you receive goods that have been damaged in transit.
All returns must have prior authorization from us. Purchaser is responsible for return freight. COD returns will not be accepted.

Warranty:
All goods are warranted to be free from defects in materials and workmanship as supplied, for 30 days from delivery date. Whilst statutory obligations apply, in no event will we be liable for consequential damages, or for any other expenses which may arise in conjunction with the goods or advice supplied by us. Our liability is limited to, and shall not exceed, the value equivalent to the purchase price paid.
Defective items will be repaired or replaced at our discretion. (Goods must be returned freight pre-paid. We will pay shipping on replacement item.) Under no circumstances will replacement goods be provided until defective goods are returned to us for inspection. Original invoice must accompany goods. (Where applicable)