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Terms and Conditions of Sale

1  Interpretation
1.1 In these Terms:
“Company” means Train World Pty Ltd.
“Customer” means the purchaser of Goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer.
“Terms” means these terms and conditions of sale.

2  Application
2.1 These Terms apply to all contracts for the sale of Goods by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on The Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.

3  Prices
3.1 Prices are determined at the time of order, or purchase, and, prior to payment of the full amount (plus freight/postage), are subject to change without notice.
3.2 Price is to include freight/postage.
3.3 Some Goods will incur an additional cost for insurance and sign on delivery where deemed required or requested by the customer. This cost is also part of the price paid by the customer

4  Payment
4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
4.2 All goods are to be paid for in full before they can be taken or collected, and all goods ordered or purchased that require delivery, freight, must have the purchase price and the freight/postage paid in full before the goods can be released for shipping.
4.3 There is to be no hold or lay by of goods via an online purchase, all good purchased online must be paid for in full.
4.3 The balance of the invoice price must be paid in full before delivery.
4.4 Goods, and freight/postage, are deemed to have been paid when the fullamount payable is in the company bank account or is in the hand of the company
4.5 Payments by cheque or money order will not be sent until the full amount payable is in the company bank account, as such cheques must be cleared to the company bank account before goods will be sent.
4.6 Advanced orders, hold and lay by must be arranged via the store and cannot be put in place online. Orders, holds and lay by can be arranged in store, over the phone or via Email only and cannot be for online purchases. Lay by terms are a minimum of 10% deposit, a minimum of fortnightly payments and a full lay by term of no more then 3 months. Cancelled or stopped lay by incur an administration fee of $20.AMEX or Paypal. Payment will be deemed to be made when the full amount, plus any freight/postage, is in the Company bank Account. This is at the discretion of the Company.

5  Delivery
5.1 For online purchases the Customer must make full payment for the goods as well as full payment of the freight/postage.
5.2 No goods can or will be sent until the full payment of goods and freight/postage has been received.
5.3 Unless otherwise stipulated and agreed upon in writing all postage/freight will be via Australia Post, standard parcel post. This is the default service
5.4 Within Australia the services for delivery available are; Australia Post parcels post, Australia Post Express Post and DHL.
5.5 For overseas customers the services for delivery are Australia Post services and DHL.
5.6 The price, cost, of delivery will be that as determined by the service provider be it Australia Post or DHL plus the cost of any additional packaging material if deemed required, usually the cost of freight/postage is the direct price as changed by the service provider.
5.7 The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods.
5.5 Any failure on the part of the Company to deliver instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.

6  Title
6.1 Legal and beneficial ownership of the Goods will not pass to the Customer until suchtime as the Goods have been paid in full in cash or cleared funds.

7  Risk and Insurance
7.1 The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has notpassed to the Customer at that time.
7.2 The Customer must, at its own expense, maintain the Goods and insure them for theBenefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.
7.3 If the Customer would like or requires insurance or sign on delivery, it is up to the Customer to request and pay for that service. It is not a requirement of the Company or staff to do so. At times the Company and its staff may recommend insurance but it is up to the Customer to take it up and to pay for it.

8  Inspection
8.1 Unless the Customer has inspected the Goods and given written notice to the Company within 7 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goodsare deemed to have been accepted in good order and condition.
8.2 It is the Customers responsibility to inspect the goods on arrival.
8.3 The Company and staff will inspect, check and package the goods before sending. All goods will leave the company in good order. Any damage to the parcel or any damage to the goods from the delivery of the parcel will not be the responsibility of the Company. We will take all due care and diligence to check and package the goods for a good delivery but damage in transit is not something the company can be held to account for. For this reason insurance via the delivery service provider is there for the Customer to request. So that any damage that takes place during delivery can be claimed against the delivery service provider. It is the customers responsibility to request insurance.

9  Cancellations
9.1 No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than $20 being the usual charge for administration and processing fees).

10  Limited Liability
10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974 or the ACCC.
10.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods.The Customer acknowledges that the Company is not:
(a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
(b) liable for any claim, damage or demand resulting from such non\compliance.
10.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:
(a) replacement or repair of the Goods or the supply of equivalent Goods; or
(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect lossor damage.

11  Warranty
11.1 All NEW Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
11.2 On discovery of any defect in the NEW Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
11.3 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and Warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
11.4 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
11.5 Goods sold as USED, SECONDHAND, COMMISSION or NQR, are sold as
described and as is. The Company holds no warranty and no responsibility for any
Goods sold as USED, SECONDHAND, COMMISSION or NQR. This is buyer
Beware. The Company and staff will do their best to properly convey and describe all
items sold but will not be held responsible for those items sold as USED,
SECONDHAND, COMMISSION or NQR.

12  Display and Samples
12.1 Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample.

13  Contract
13.1 The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.

14  Right to Enter Premises
14.1 Customers are only allowed to enter the business premises during normal trading hours, unless agreed upon by management in writing.
14.2 The trading hours of the company are:
Monday to Thursday 10am to 6pm (AEST)
Friday 10 am to 9pm (AEST)
Saturday 9am to 5pm (AEST)
Sunday & Public Holidays 11am to 4pm (AEST)
14.3 The Company is closed: New Years Day, Good Friday, ANZAC Day, Christmas Day and Boxing Day.
14.4 The Company may be closed at any time without notice due to damage, a natural Disaster, health or sickness issues, due to flood, due to fire, due to renovations anddue to circumstances beyond the reasonable control of the Company and staff.
14.5 The Customer authorises the Company by itself, its agents or representatives at all
reasonable times, without notice, to enter onto (with force if reasonably necessary) and to remain in and on any premises where the Goods are located in order to collect the Goods, without being guilty of any manner of trespass. When payment for the goods has not been made, a cheque has been stopped or cancelled, a refund has been made by a third party for the funds or the customer has in anyway retrieved or taken back funds for Goods that havebeen deemed paid and have been sent.
14.6 The Customer assigns to the Company all the Customer’s rights to enter onto and remain in and on such premises until all the Goods have been collected.

15  Force Majeure
15.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974 or the ACCC.
10.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods.The Customer acknowledges that the Company is not:
(a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
(b) liable for any claim, damage or demand resulting from such non\compliance.
10.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to:
(a) replacement or repair of the Goods or the supply of equivalent Goods; or
(b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect lossor damage.

11  Warranty
11.1 All NEW Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
11.2 On discovery of any defect in the NEW Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
11.3 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and Warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
11.4 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
11.5 Goods sold as USED, SECONDHAND, COMMISSION or NQR, are sold as
described and as is. The Company holds no warranty and no responsibility for any
Goods sold as USED, SECONDHAND, COMMISSION or NQR. This is buyer
Beware. The Company and staff will do their best to properly convey and describe all
items sold but will not be held responsible for those items sold as USED,
SECONDHAND, COMMISSION or NQR.

12  Display and Samples
12.1 Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample.

13  Contract
13.1 The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.

14  Right to Enter Premises
14.1 Customers are only allowed to enter the business premises during normal trading hours, unless agreed upon by management in writing.
14.2 The trading hours of the company are:
Monday to Thursday 10am to 6pm (AEST)
Friday 10 am to 9pm (AEST)
Saturday 9am to 5pm (AEST)
Sunday & Public Holidays 11am to 4pm (AEST)
14.3 The Company is closed: New Years Day, Good Friday, ANZAC Day, Christmas Day and Boxing Day.
14.4 The Company may be closed at any time without notice due to damage, a natural Disaster, health or sickness issues, due to flood, due to fire, due to renovations anddue to circumstances beyond the reasonable control of the Company and staff.
14.5 The Customer authorises the Company by itself, its agents or representatives at all
reasonable times, without notice, to enter onto (with force if reasonably necessary) and to remain in and on any premises where the Goods are located in order to collect the Goods, without being guilty of any manner of trespass. When payment for the goods has not been made, a cheque has been stopped or cancelled, a refund has been made by a third party for the funds or the customer has in anyway retrieved or taken back funds for Goods that havebeen deemed paid and have been sent.
14.6 The Customer assigns to the Company all the Customer’s rights to enter onto and remain in and on such premises until all the Goods have been collected.

15 Force Majeure
15.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.

16  Waiver of Breach
16.1 No failure by the Company to insist on strict performance of any of these Terms is a Waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.

17  No Assignment
17.1 Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.

18  Severability
18.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

 

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