Terms of service
Terms of Service
These 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 conditions set out below.
Before you place an order, if you have any questions relating to these conditions or any problems when attempting to order online then please contact us by emailing email@example.com.
“Conditions” means these terms and conditions; “Goods” means a product displayed for sale on the website; “Product Description” means that part of the website where certain terms and conditions in respect of the individual Product are provided; “We/Us” means Irish Railway Models Limited; “Website” means the website located at www.irishrailwaymodels.com or any subsequent URL which may replace this; “You” means a user of this Website.
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 acknowledge that we shall not be liable to you or any third party for any modification to or withdrawal of the website.
We also reserve the right to change the conditions from time to time.
Description of Goods
We will take all reasonable care to ensure that all details, descriptions and prices of goods appearing on the website are correct at all times and we aim to keep the website as up to date as possible.
It is understood and agreed that product images are not necessarily representative of the finished model.
Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only.
We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours You see will depend on your computer monitor, We cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, We disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website. We confirm that all our goods conform to the CE (Conformité Européenne / European Conformity) Marking Directive by independent accredited test laboratories.
In rare instances, should it occur that an item becomes unavailable prior to your checking out, you will be notified that the item is no longer available during the checkout process.
All items are subject to availability. If during processing we discover for any unforeseen reason that we cannot complete the order we will cancel the order and email you explaining why (for instance, a stock shortage, inability to obtain payment, a product, or product description fault).
We will not supply substitute products without contacting you first.
If one item is out of stock we will only ship the available goods and your payment method will be debited with the value of the despatched goods rather than the whole order value.
Certain models photographed on this website are hand finished prototypes. The final quality of factory-produced models will be superior. All measurements are approximate. We reserve the right to improve and amend specifications on all models.
The content of the website includes but not limited to designs, titles, trade dress, art work and logos protected by copyright and intellectual property rights. Registered and unregistered trademarks as well as any content of the website shall not be used or reproduced without our written consent.
All other trademarks and/or content that appear on this Website are the property of their respective owners. You acknowledge You shall be solely liable for unauthorised use of this property.
All prices are displayed inclusive of VAT where applicable and are payable in Euro. VAT inclusive prices are shown with ‘INC VAT’ appended
Unless otherwise specified prices payable for the goods are exclusive of delivery and are subject to our right to require payment of delivery charges, insurance costs, customs duties, special handling charges and/or packaging charges as appropriate.
We have the right at any time to revise prices to take into account increases in costs including (without limitation) costs of agreed changes in any taxes, duties, levies or exchange rates or costs arising as a result of site conditions, delays, interruptions, lack of information and any other factor beyond our control.
Orders and Delivery
Orders must only be placed by persons aged eighteen (18) or over and with full legal capacity. Persons under eighteen (18) or persons who do not possess full legal capacity shall not use this website nor place an order without supervision by a parent or guardian.
All delivery charges must be paid by you. Delivery shall be made at the address specified by You at the time of ordering. We will make every effort to deliver within the times specified and We shall use our best endeavours to deliver the goods to You within seven (7) working days from the confirmation of order.
All times or dates given for delivery of the goods are only estimates given in good faith and are not conditions or warranties of contract.
If the goods are required for a specific date we recommended they are ordered well in advance to avoid any disappointment.
Delivery charges vary depending on the type of products ordered and the service you select and can only be refunded in accordance with your legal rights.
At the time the goods are delivered to the address given by you the risk in the goods shall pass to you and you shall be solely responsible for the custody and maintenance thereof.
You agree to indemnify and hold us harmless should the products not be delivered due to you providing us with an incorrect address.
Payment may be made by any of the methods indicated on the website. Goods will not be shipped unless payment is received in full. We will pass on your bank/credit card details to the Payment Interface for processing. 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, but 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.
Payment is automatically authorised online and your credit/debit card will be charged when your order is placed Including for preorder items
Damaged or Defective Goods
If, in the unlikely event, your goods arrive in a damaged condition or are defective, You must inform us as soon as is practically possible and in any event no later than fourteen (14) days after discovery. Failure to do so will deem that you have accepted the goods.
The goods must be unmodified, have been properly used under normal conditions and have been properly stored, installed and maintained.
The goods or parts thereof should be returned to us in its original packaging together with supporting documentation giving the invoice number and the nature of the defect or shortage.
For further information on returning goods, please refer to our Customer Care section.
If for any reason a replacement is not available for a damaged or defective item then we will refund the value of the returned goods by the original payment method.
Cancellation by us
We reserve the right to cancel the order if:
We have insufficient stock to deliver the Goods You have ordered
We cannot obtain payment
A product, price, or offer description fault has been identified
We do not or cannot deliver to your area/Country
If we do cancel your contract we will notify You by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within thirty (30) days of your order.
We reserve the right to withdraw any goods from this website at any time and/or remove or edit any materials or content on this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to You or any third party by reason of our withdrawing any goods from this website whether or not those goods have been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
We want you to be totally satisfied with your purchase. If for any reason you are not entirely happy with your order we will refund the value of the goods supplied provided that you first notify us of your intention to cancel using the procedure outlined here and providing that the goods, together with the original invoice, are returned to us in perfect condition and in the original packaging to the address specified on the invoice within seven (7) working days after the day of delivery. A certificate of posting should be obtained as We cannot be held responsible for the non-delivery of Goods to our address without it.
For further information on returning goods, please refer to our Customer Care section on the Website.
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.
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 further information about your statutory rights contact your local Citizens’ Advice Bureau.
There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these conditions govern your use of this website.
Law and Jurisdiction
This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Irish Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of The Republic of Ireland. All contracts are concluded in English.
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.
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.