Terms and Conditions

These terms and conditions are the contracts between you and Midland Railwayana (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.

We are: Midland Railwayana (trading as “Mid-Rail”). Our address is Windy Ridge, Main Street, Bathley, Newark, Nottinghamshire, NG23 6DL.

You are: Anyone who uses Our Website

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

The Terms and Conditions:

Definitions

In this agreement:

“Carrier”

means any person or business contracted by us to carry goods from us to you;

“Consumer”

means any individual who, in connection with this agreement, is acting for a purpose which is outside his business;

“Content”

means any content in any form published by us or any third party with our consent;

“Goods”

means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you;

“Our Website”

means any website of ours, including all web pages controlled by us;

“Post”

means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly;

“Services”

means any of the services we offer for sale on Our Website, or if the context requires, services we sell to you.

1. Interpretation

In this agreement unless the context otherwise requires:

1.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;

1.2. these terms and conditions apply to all supplies of Goods and Services by us to any customer. They prevail over any terms proposed by you;

1.3. these terms and conditions do NOT apply to supplies of Goods and Services to customers that are offered on Our Website by third-party suppliers; such contracts are bound by different Terms & Conditions which you will find elsewhere on Our Website;

1.4. any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

1.5. unless stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;

1.6. in this agreement, references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party;

1.7. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;

1.8. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;

1.9. these Terms and Conditions apply in any event to you as a buyer or prospective buyer of our Goods and Services and so far as the context allows, to you as a visitor to Our Website;

1.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

2. Our Contract with You

2.1. This agreement contains the entire agreement between the parties, and supersedes all previous agreements and understandings between the parties;

2.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information, document or other term not forming part of this agreement;

2.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so, and you accept personal responsibility for every act or omission by you;

2.4. Because some of the Goods and Services on Our Website are supplied/provided by external suppliers, vendors and providers, we do not guarantee that any of the Goods or Services advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods or Services;

2.5. The price of Goods or Services may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods or Services;

2.6. If in future, you buy Goods or Services from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied;

2.7. We do not sell Goods or Services in all countries. We may refuse to deliver the Goods or Services if you live in a country we do not serve;

3. Acceptance of Your Order

3.1. Your order is an offer to buy from us. We shall accept your order by e- mail or in writing. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order;

3.2. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

  • 3.2.1.  accept the alternatives we offer;
  • 3.2.2.  cancel all or part of your order.

4. Price and Payment

4.1. The price(s) payable for the Goods and/or Services that you order is/are clearly set out on Our Website;

4.2. Because Goods and Services are supplied/provided by third parties, it is possible that prices may have changed from those posted on Our Website. If that happens, we will not despatch the Goods / provide Services until you have confirmed that you wish to buy at the new price;

4.3. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than GB Pounds Sterling will be borne by you;

4.4. If, by mistake, we have under-priced Goods or Services, we will not be liable to supply those Goods or Services to you at the stated price, provided that we notify you before we dispatch it to you;

4.5. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order, and which will be displayed on a page of Our Website before we ask you to pay;

4.6. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable, and in any event no later than 14 days from the date when we accept that repayment is due.

5. Security of your Debit / Credit Card

We take care to make Our Website safe for you to use.

5.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment;

5.2. If you have asked us to remember your debit or credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process payments or other transactions which you have initiated.

6. Cancellation and Refunds

This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract:

6.1. We now inform you that information relating to all aspects of our Goods and Services is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy;

6.2. The following rules apply to cancellation of your order:

  • 6.2.1. If you have ordered Goods or Services, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and a full refund will be issued to you;
  • 6.2.2. If you have ordered Goods and received them, you may cancel your order at any time within 10 working days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 10-day period;
  • 6.2.3. We will refund your money subject to the following conditions
    • 6.2.3.1. we receive the Goods in the same condition in which they were received by you, such that we can re-list them in the same condition and at the same price;
    • 6.2.3.2. you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.

6.3. The option to cancel your order is not available:

  • 6.3.1. if the Goods you purchased were sealed, complete or intact and are subsequently returned to us unsealed, incomplete or opened;
  • 6.3.2. if the Goods you purchased are returned to us in a damaged, deteriorated or worse condition than that in which they were originally supplied to you;
  • 6.3.3. if the Goods you purchased are returned to us having been marked/modified / soiled/consumed when they were not originally supplied in such condition;
  • 6.3.4. for any Services purchased through Our Website that have been provided/delivered / supplied/executed.

6.4. In any of the scenarios 6.3.1 to 6.3.3 above we may at our discretion offer a partial refund, the value of which will be equivalent to two-thirds of the estimated market value of the Goods. In all cases the market value of the Goods will be assessed and determined by us;

6.5. You are responsible for the cost of returning the Goods. We have no obligation to reimburse you any costs incurred in re-packing and returning the Goods to us;

6.6. All refunds will be made within 10 working days of the date we accept a refund is due.