Welcome to The Island Railway Shop website terms and conditions for use.
These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this website.
Before you place an order, if you have any questions relating to these terms and conditions, please contact us by email at firstname.lastname@example.org, or call us on 01305 820048, opening hours apply. All calls to Customer Services will be charged at the local rate (BT users only, other network charges may vary), and both inbound and outbound calls may be recorded for quality monitoring and training purposes.
Please note these terms and conditions relate to items purchased within the United Kingdom of Great Britain & Northern Ireland, and different terms apply to international orders. For information relating to cookies and data use, please see our privacy notice. This policy covers our websites at islandrailways.co.uk, or islandrailways.com, but does not necessarily apply to transactions made via seller marketplaces such as eBay or Amazon.
Use of this website
You are provided with access to this website in accordance with these conditions and any orders placed by you must be placed strictly in accordance with these conditions.
Account management & user registration
You warrant that:
- The Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
- You will notify us immediately of any changes to the Personal Data by updating these details on your online account.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.
We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links
To provide increased service and value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for;
- the privacy practices of such websites,
- the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources, or
- the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Product description & information
Each product purchased is sold subject to its product description provided by the manufacturer. It may also set out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, carriage particulars, warranties, after-sales service and product warranties and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up-to-date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. This is particularly true of products that are modified or discontinued by a manufacturer without prior notice.
We cannot confirm the price of a product until your order is accepted, and you will be informed of any discrepancy or difference a short time after placing your order with us.
Completing, cancelling & returning orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure. In the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website. You can find out more about how you look after your data in our privacy notice.
Completing your order (creating a sales contract)
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.
- We may send you an order acknowledgement email as soon as you place your order, and you will receive an order confirmation email detailing the products you have ordered. These emails do not constitute acceptance of your order.
- When your product is shipped from our warehouse, or direct from our supplier, we will send you a despatch confirmation email.
- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it.
- For most products sent directly from our warehouse, your credit/debit card will be charged when your order is placed.
- If the product is being delivered direct to you from a supplier, you may be charged at any point between confirmation of your order and despatch. The exact timing of this will vary according to supplier and the product you’re ordering. You should ensure that you have the available funds to complete the transaction at any time along this journey.
Non-acceptance of orders
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- Your not meeting the eligibility to order criteria set out in the main Terms & Conditions.
- If you are placing an order for an item that by law we are only permitted to sell to customers who are 18 years or older (such as cutting tools and knives), then by clicking the order confirm button you are also confirming to us that you are 18 years or older. By clicking the order confirm button, you further acknowledge and consent to us taking steps to verify your age by reference to publicly-available third party sources. We reserve the right not to supply an age-restricted product where we reasonably believe that you are below the relevant minimum age.
- Should we have taken payment prior to non-acceptance of your Order then we will refund you, but please note that it can take up to 7 days for the bank to transfer the funds to you.
The contract will be concluded in English. The details of your specific contract will not be retained by the company, or its partners.
Consumer Contracts Regulations 2013
This legislation offers you the following cancellation rights when you buy online or by phone:
- You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
- Your right to return or cancel products does not apply to goods that are made to measure or are made or customised to your specification (including the fitment of DCC decoders), that have been clearly personalised (such as renamed or numbered) or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly (such as adhesives and some paints). This doesn’t affect your statutory rights if goods are faulty or not as described.
- If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
- To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
- You can cancel by email: email@example.com, or call 01305 820048, or write to: The Island Railway Shop, PO Box 7363, Portland DT5 9AL, United Kingdom.
- If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. Please refer to product packaging guidelines within our Returns form. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
Gift vouchers & coupons
These are the general terms and conditions of use with your gift voucher. Individual terms and conditions will be attached to physical gift vouchers, or attached to emails that contain your e-gift voucher.
- You can redeem gift vouchers issued by The Island Railway Shop. You can also use it to purchase over the telephone or online either as part or full payment.
- You cannot use it against any outstanding debt, only at the point of placing a new order for any item or items.
- Please protect your voucher and treat it as cash; we cannot replace lost, stolen or damaged vouchers.
- The gift voucher or code will expire up to 12 months from purchase. We will not refund any balance remaining and we will invalidate the voucher after this point.
- Gift vouchers can be purchased with a minimum value of £10. Gift vouchers have a maximum value of £500.
- Gift vouchers cannot be exchanged for cash. We do not give change or refunds on gift cards or e-gift cards.
- If you are using a gift voucher online and the total order value is less than the value of the voucher, no change will be given.
- If you return goods you have purchased online using a gift voucher, we’ll credit monies owing to your online shopping account in the form of a credit note, or issue a replacement voucher at our discretion. This does not affect your statutory rights.
- We reserve the right to refuse to accept a gift voucher which we deem to be tampered with, duplicated or which otherwise is suspected to be affected by fraud.
- We reserve the right to amend the gift voucher terms and conditions from time to time, where we consider it reasonable and necessary to do so
Coupons, discounts and promotional discount codes offered by The Island Railway Shop are valid only for use as part of a purchase made via our website, unless otherwise stated. Such promotional discounts are not valid for use as part of a purchase for telephone orders. We can withdraw promotional codes at any time, and without warning – no reliance should be placed on an expiry date.
General website terms & conditions
Our intellectual property and your right to use it
- You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
- You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses
- suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival of terms and conditions
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we, as your supplier, and you, as our customer, are expected to do.
You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and 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.
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.
For any queries regarding our service, please contact us via email, phone or post via the Contact us page.
Last updated: 28 August 2018.