| These e-commerce terms and conditions of sale
should be read with and alongside the terms and conditions and
privacy statement for this website (www.ews-railway.co.uk).
Orders from EWS Shop will not be accepted unless the Buyer accepts
these e-commerce terms and conditions. |
| 1. |
Definitions |
| 1.1 |
"Buyer" means the individual or organisation
who buys or agrees to buy the Goods from the Seller; |
| 1.2 |
"Consumer" means someone who buys Goods
from the Seller and who does so otherwise than in the course
of a business; |
| 1.3 |
"Contract" means the contract between
the Seller and the Buyer for the sale and purchase of Goods
incorporating these terms and conditions; |
| 1.4 |
"Goods" means the Goods and/or services
that the Buyer agrees to buy from the Seller; |
| 1.5 |
"Seller" means English Welsh & Scottish
Railway Limited, a company incorporated under the Companies
Act and having its registered address at 310 Goswell Road, London,
EC1V 7LW; |
| 1.6 |
"Terms and Conditions" means the terms
and conditions of sale set out in this document; |
| 1.7 |
"Website" means this website (or any
replacement website substituted therefor by the Seller). |
| 2. |
Conditions |
| 2.1 |
Nothing in these Terms and Conditions shall affect
the Buyer's statutory rights as a consumer. |
| 2.2 |
These Terms and Conditions shall apply to all
contracts from the sale of Goods by the Seller to the Buyer
through the website and shall prevail over any other documentation
or communication from the Buyer. For the avoidance of doubt,
the Seller reserves the right to amend the Terms and Conditions
at any time without notice, and the Terms and Conditions applicable
to each such contract between the Buyer and Seller shall be
those prevailing at the time of an order being placed by the
Buyer. |
| 2.3 |
Submission by the Buyer of an order for Goods
shall be deemed conclusive evidence of the Buyer's acceptance
of these Terms and Conditions. |
| 2.4 |
No variation of these Terms and Conditions (including
any special terms and conditions agreed between parties) shall
be permitted. |
| 3. |
Ordering |
| 3.1 |
All orders for Goods shall be deemed to be an
offer by the Buyer to purchase Goods pursuant to these Terms
and Conditions and are subject to acceptance in all cases by
the Seller. The Seller may choose not to accept any order for
any reason. It should be noted that a simple acknowledgement
of order might also be issued which shall not be deemed to be
acceptance of any order. It is only upon acceptance of an order
by the Seller that a legally binding Contract for the sale of
the Goods will exist. |
| 3.2 |
Where the Goods ordered by the Buyer are not
available from stock the Buyer shall be notified and given the
option to either wait until the Goods are available from stock
or cancel the order and wait to receive a full refund. |
| 3.3 |
When placing an order, the Buyer must print and
use the order form on this Website and send it by post, paid
for by the Buyer, with a cheque for the value of the Goods ordered
to the address given on the form. It may not be possible for
the Seller to deliver the Goods to certain out of the way locations. |
| 3.4 |
Certain security checks may also be required
to be carried out by the Seller, in which event any sale to
a Buyer is subject to the Seller receiving satisfactory results
(at its sole discretion) from such checks. |
| 4. |
Price and Payment |
| 4.1 |
The price of Goods shall be that stipulated on
the Seller's website. The price per item is inclusive of VAT
and postage and packaging. |
| 4.2 |
The total cost of the order will include cost
of Goods ordered, VAT and postage and packaging. |
| 4.3 |
Payment of the price, plus VAT, packaging and
delivery charges must be made in full before dispatch of Goods.
Payment is to be made by cheque. All orders are subject to authorisation
of payment and funds being available, prior to the dispatch
of Goods. |
| 5. |
Rights of the Seller |
| 5.1 |
The Seller reserves the right to adjust the price
and specification of any item on the Website at its discretion
and at any time. |
| 5.2 |
The Seller reserves the right to withdraw any
Goods from the Website at any time, and whether or not a Buyer
has placed an order for such Goods. |
| 5.3 |
The Seller shall not be liable to anyone for withdrawing
any Goods from the Website or for refusing to accept an order. |
| 6. |
Age of consent |
| 6.1 |
Where Goods may only be purchased by persons of
a certain age the Buyer will be asked when placing an order
to declare that they are of the appropriate legal age to purchase
such Goods. |
| 6.2 |
If the Seller discovers or is of the opinion
(as to which the Seller will have sole discretion) that the
Buyer is not legally entitled to order such Goods, the Seller
shall be entitled to cancel the order immediately, without notice. |
| 7. |
Warranty |
| 7.1 |
The Seller cannot disclose every detail of the
Goods in the Website and each description is therefore abbreviated
and is correct at the time of its input. The Seller reserves
the right to alter the specification/description of Goods on
the Website without notice. |
| 7.2 |
Except where the Buyer is dealing as a consumer,
all other warranties, conditions, or terms relating to fitness
for purpose, satisfactory quality or condition of the Goods,
whether implied by statute, common law or otherwise are excluded
to the fullest extent permitted by law. Any recommendation or
suggestion relating to any of the Goods and made by the Seller
is given in good faith, but it is for the Buyer to satisfy himself/herself
as to the suitability of the Goods for the Buyer's purpose. |
| 8. |
Delivery |
| 8.1 |
Goods supplied within the UK will normally be
delivered within 30 days of receipt of order and clearance of
payment. |
| 8.2 |
No Goods will be supplied outside the UK. |
| 8.3 |
The Seller shall use its reasonable endeavours
to meet any date agreed for delivery. Notwithstanding the foregoing,
time of delivery shall not be of the essence and the Seller
shall not be liable for any losses, costs, damages or expenses
incurred by the Buyer or any third party arising directly or
indirectly out of any failure to meet any estimated delivery
date. All items will be sent by standard class Royal Mail. |
| 8.4 |
Delivery of Goods will be to the address as given
on the order form by the Buyer. The Buyer will make all arrangements
necessary to take delivery of the Goods including collecting
from a Royal Mail location if required. |
| 8.5 |
Title and risk in the Goods shall pass to the
Buyer upon delivery of the Goods. |
| 9. |
Cancellation and returns |
| 9.1 |
The Buyer may cancel the Contract with the Seller
for the Goods at any time up to the end of the seventh working
day from the date the Buyer receives the ordered Goods. The
Buyer does not need to give any reason for cancelling the Contract,
nor will the Buyer have to pay any penalty. |
| 9.2 |
The Buyer must notify the Seller in writing or
by email to communications.press@ews-railway.co.uk of any cancellation
of the Contract. |
| 9.3 |
Where a claim of defect or damage is made the
Goods shall be returned by the Buyer to the Seller. The Buyer
shall be entitled to a full refund (including delivery costs)
plus any return postage charges if the Goods are in fact defective. |
| 9.4 |
Goods to be returned must clearly quote the order
number obtained from the Seller on invoice. |
| 9.5 |
Where returned Goods are found to be damaged due
to the Buyer's fault, the Buyer will be liable for the cost
of remedying such damage. |
| 9.6 |
The Seller may cancel the Contract for the sale
of Goods if it has insufficient stock to deliver Goods or the
Buyer's delivery address is a location to which the Seller does
not deliver or if one or more of the Goods the Buyer orders
was listed at an incorrect price due to an error or an error
in pricing information received by the Buyer from its suppliers.
If the Seller does cancel any Contract it will credit any payment
made. The Seller will not be obliged to offer any additional
compensation for disappointment suffered. |
| 10. |
Limitation of liability |
| 10.1 |
Except as may be implied by law where the Buyer
is dealing as a consumer, in the event of any breach of these
Terms and Conditions by the Seller the remedies of the Buyer
shall be limited to damages which shall in no circumstances
exceed the price of the Goods and the Seller shall under no
circumstances be liable for any indirect, incidental or consequential
loss of damage whatever suffered by the Buyer or any third party. |
| 10.2 |
Nothing in these Terms and Conditions shall exclude
or limit the liability of the Seller for death or personal injury
resulting from the negligence of the Seller of that of the Seller's
agents or employees. |
| 11. |
Waiver |
| |
No wavier or delay by the Seller (whether express
or implied) in enforcing any of its rights under this contract
shall prejudice its rights to do so in the future. |
| 12. |
Force Majeure |
| |
The Seller shall not be liable for any delay
or failure to perform any of its obligations if the delay or
failure results from events or circumstances beyond its reasonable
control, including but not limited to acts of God, strikes,
lock outs, accidents, war, fire, terrorism, breakdown of plant
machinery or shortage or unavailability of goods from a source
of supply, and in such circumstances the Seller shall be entitled
to a reasonable extension of time to perform its obligations.
The Seller shall endeavour to notify the Buyer as soon as possible
should any such events or circumstances occur. |
| 13. |
Severance |
| |
If any term or provision of these Terms and Conditions
is held invalid, illegal or unenforceable for any reason by
any court of competent jurisdiction such provision shall be
severed and the remainder of the provisions hereof shall continue
in full force and effect as if these Terms and Conditions had
been agreed with the invalid illegal or unenforceable provision
eliminated. |
| 14. |
Changes to Terms and Conditions |
| |
The Seller shall be entitled to change these Terms
and Conditions at any time. |
| 15. |
Notices |
| |
Contact details: |
| |
EWS Shop
Communications Department
EWS
Lakeside Business Park
Carolina Way
Doncaster
DN4 5PN
VAT Number: 657854976 |
| 16. |
General |
| 16.1 |
These Terms and Conditions shall be governed by
and construed in accordance with the law of England and the
parties hereby submit to the exclusive jurisdiction of the English
courts. |
| 16.2 |
The parties agree to be bound by the terms of
the Supplier's Privacy Statement. |
| PRIVACY STATEMENT |
| English Welsh & Scottish Railway Limited of
McBeath House, 310 Goswell Road, London, EC1V 7LW is committed
to ensuring that your privacy is protected. This privacy statement
explains how we use the information we collect about you, how
you can instruct us if you prefer to limit the use of that information
and procedures that we have in place to safeguard your privacy. |
| 1. |
The information we collect and how we use it
We need to know your name and postal address, email address
and telephone number and other information specified in our
order form. |
| |
We gather this information to allow us to process
any orders you may make. The relevant information is then used
by us, our agents and sub-contractors to provide the Goods you
have ordered. |
| |
We may also use aggregate information and statistics
for the purposes of monitoring website usage in order to help
us develop the website and our services and may provide such
aggregate information to third parties. These statistics will
not include information that can be used to identify any individual. |
| |
We may also wish to provide you with information
about special features of our website or any other service or
products we think may be of interest to you. If you would rather
not receive this information please send a blank email message
to communications.press@ews-railway.co.uk |
| |
We may also provide your information to carefully
selected third parties whose products or services we believe
may be of interest to you. If you do not wish us to disclose
your information in this way, please send an email to communications.press@ews-railway.co.uk |
| 2. |
How we protect your information |
| |
The internet is not a secure medium. However we
have put in place various security procedures to protect your
personal data. |
| 3. |
Updating your details |
| |
If any of the information that you have provided
to EWS changes, for example if you change your email address,
name or payment details please let us know the correct details
by sending an email to communications.press@ews-railway.co.uk
|
| 4. |
Your consent |
| |
By submitting your information you consent to
the use of that information as set out in this statement. If
we change our privacy statement we will post the change son
this page, and may place notices on other pages of the Website,
so that you may be aware of the information we collect and how
we use it at all times. Continued use of the service will signify
that you agree to any such changes. |
| |
Owing to the global nature of the Internet infrastructure,
the information you provide may be transferred in transit to
countries outside the European Economic Area that do not have
similar protections in place regarding your data and its use
as set out in this statement. However, we have taken the steps
outlined above to try to improve the security of your information.
By submitting your information you consent to these transfers. |
| 5. |
How to contact us |
| |
We welcome your views about your website and our
privacy statement. If you would like to contact us with any
queries or comments please send an email to communications.press@ews-railway.co.uk |
