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terms & conditions
#1. All orders accepted by the Company (Diecast-Madness - known as the Company on going) are subject to these Terms and Conditions
#2. The Company reserves the right to alter prices without prior notice. Prices charged are those current at the time of despatch of order. VAT where applicable will be added to all prices and charges.
#3. All scales and measurements are approximate only. Items on the price list or the Company website may be the subject of patents and registered designs. The Company reserves the right to withdraw or modify the design or specification of any item at any time without notice.
#4. All retail prices are recommended retail prices (‘RRP’) and are give as an approximate guide only. RRP include VAT where applicable.
#5. Orders are accepted by the Company subject to availability of stock. Acceptance of an order and therefore the existence of a contract of sale will only come into effect at the time when the Company undertakes delivery of stock to the Customer.
a) Pre-Orders and Back-Orders are not refundable due to the payment being used to order that item, cancellation or cuts in allocation by supplier or manufacturer will result in full refund being made at the earliest opportunity
b) Any and all requested orders, (ordered outside of general sale, specifically asked to locate and obtain) will at no stage be refunded unless it has been cancelled by the Supplier or Brand, requested orders are made on the understanding that this will be fullfilled at the earliest opportunity, and the risk of items arriving later than originally released is at the risk of the buyer.
c) Deposit payments are made on the understanding that NO refunds will be made if the item is then subsequently cancelled, unless the item is cancelled or delayed indefinitely by the supplier or brand (a reasonable timescale must be allowed due to current world events and the delays in production of certain products). 33% of the item price will be required as the deposit, and the balance will be due BEFORE the item is posted out.
d) A time scale of 10 working days from communication that the balance is due, will be allowed, after which the sale will be null and void and the initial deposit will be forfeit.
e) Due to price increases across all brands, any items that are pre-ordered and not a normally stocked item or brand, and a price given below RRP, any increases from brand or supplier will be passed onto the customer, especially as lead times are now, in some cases, in excess of 12 months.
#6. The Company reserves the right to hold back orders of in stock items, if a Pre-Order or Back-Order item is made at the same time as in stock items, then they will all get delivered at the same point in time, unless prior arrangement has been made between the company and the customer.
#7. The Company may at any time refuse or cancel the delivery of an order or balance of an order without notice.
#8. Cancelled orders will be subject to a full refund by the company, unless Pre-Order or Back-Order items are made.
#9. The Company accepts no responsibility for non-delivery or late delivery. All delivery dates quoted are approximate and subject to amendment without notice,. Time shall not be of the essence of delivery. A delivery date will only form part of the delivery contract if agreed in writing by the Company. The Company shall not be liable for any loss of damage or expense whatsoever or howsoever arising from delay in delivery or failure to deliver.
#10. The Company accepts no responsibility for goods damaged or lost in transit unless notified in writing within 3 days of receipt or in the case of loss in transit within 7 days of our statement date, if items are damaged on receipt, the item is to be returned to the company, where an investigation and subsequent claim made to the delivery company, once this has been agreed a refund may be made
#11. The Company does not offer sale or return terms on any stock. Contracts and orders may only be cancelled by the Customer with the written agreement of the Company. Goods made or ordered specially for the Customer may not be cancelled or returned. If in exceptional circumstances the Company agrees to the return of any goods which were supplied against a correctly executed order they will be credited at our current Trade Price and will be subject to a 25% handling charge.
#12. Every effort will be made to despatch complete orders. If this is not possible outstanding items will be automatically placed on back order. If items are not required to be placed on back order, this must be specified at the time of placing the order and a further postage fee may be required to ensure that the order is processed in a timely manner.
#13. All published data of any kind by the Company relating to goods / stock are approximate. No warranty or condition is given of accuracy. The Company accepts no liability for any loss or damage direct or indirect arising out of or in connections with this clause.
#14. Unless otherwise agreed by the Company in writing, payment of invoices shall be made in full without deduction or set off. Accounts can be paid by bank transfer (with agreement with the company beforehand), credit card (Visa or Mastercard), or debit card (Delta or Switch) or cash (with the agreement of the company beforehand). The Company reserves the right to charge a fee for the use of a business credit or debit card. This charge may be varied from time to time at the discretion of the Company.
#15. The Company’s Privacy Policy sets out what information we hold about Customers, how Personal Data is used and our Marketing Policy.
#16. Title Of Goods
a) The risk in stock shall pass to the customer upon delivery. However the legal title to the stock shall not pass to the Customer until full payment has been received in the form of cleared funds for the price of the goods and all other sums due to the Company from the Customer on any account.
b) Until the Customer has legal title to the stock, it must be held on the Company’s behalf and should be kept safe, insured and identifiable from other stock.
c) The Customer grants an irrevocable License to the Company to remove any goods supplied by the Company from the Customer premises up to a total value of all sums that might be owing to the Company. The Company can seek an injunction to prevent the Customer selling, transferring or otherwise disposing of the stock.
d) All risk in goods shall pass to the Buyer on delivery.
e) Upon the commencement of any act or proceeding in which the Customer’s solvency is involved, or if the Customer in any way charge the stock, the Customer’s right to possession of the stock shall end immediately and the Company may end the contract immediately. Any outstanding invoices will become immediately due for payment.
f) Claims in respect of alleged faulty goods, shortages or non-delivery shall not be grounds for withholding payments of accounts and shall not give the Customer any right of set off against payments due to the Company unless by prior arrangement with the Company.
g) The Company shall be entitled to trace its legal ownership of the stock into the proceed of sales or any claim for such proceeds. The Company licences the Customer in the case of the Customers business to deal with the goods supplied without prejudice to any right of action of the Company against the Customer in respect of this clause
#17. Carriage
a) Carriage and packing are calculated at the time of order, any items that are "FREE DELIVERY" will be excluded from the calculation, but items that are delivery fee applied will have that applicable fee added. Export carriage including non-UK mainland addresses, Eire and Channel Islands will be charged at cost. No allowance will be made for items not in stock.
b) Damaged or faulty goods may only be returned by the Customer with the prior consent of the Company. Goods must be properly packed upon return. The Customer will be issued a credit invoice for return postage upon receipt of goods providing the postage amount is agreed by the Company prior to return of the goods. The Company will always repair or replace a faulty item unless a replacement is not available in which case a credit invoice will be issued or refund by original payment method is agreed too with the consent of the company.
#18. Settlement Discount
a) The Company can, at its discretion, offer a settlement discount to Customers on goods only. The discount and period for settlement discount are shown on each invoice where applicable. If the invoice is not paid within the specified settlement discount period the settlement discount will no longer apply and the invoice must be paid in full.
b) The Company reserves the right to repayment of any discounts deducted by the Customer from payments that fall outside the above terms or that have not been previously agreed by the Company.
c) Settlement discount and any other discount may be withdrawn at any time for any reason.
#19. Overdue Accounts (where applicable)
a) The Company reserves the right to allocate payments from the Customer to any invoices outstanding.
b) The Customer shall pay the Company reasonable expenses incurred in the recovery of monies due, plus all court costs incurred in the collection of overdue accounts.
c) The Company reserve the right to charge interest at 3% above the Company’s bankers base rate on all amounts not paid within the invoice date.
d) If the Customer is, in the opinion of the Company, unable to fulfil its financial obligations or commits any breach of contract, the Company may stop any goods in transit and suspend further deliveries and forthwith determine the contract without prejudice to its rights hereunder and to any existing claims. The Company reserves the right to refuse further credit in cases where accounts are or have been overdue.
e) The Company reserves the right to make a service charge of £25 on each and every notification of an unpaid or re-presented cheque
#20. The Company warrants that on delivery any stock will be of satisfactory quality (unless previously described as damaged, or, error in the description) and free from defects in material or workmanship (unless previously described as damaged, or, error in the description) The Company gives no other warranty to the Customer for the stock.
#21. If either party fails to exercise a right or remedy that it has or which arises under this agreement, such failure shall not prevent that party from exercising that right or remedy subsequently for that or any other incident.
#22. If any of these conditions is, or at any stage in the future becomes invalid, illegal or cannot be enforced by law, it will not effect the other terms that will stay in force.
#23. These Terms and Conditions shall be governed by and construed exclusively under the laws of England in the Courts of England and Wales
#24. Any items that are on Back-Order will be known as Not In Stock, and awaiting delivery from the supplier or manufacturer, these items are also to be agreed by the customer as possibly being unavailable, at which time, as soon as the company has been made fully aware, communication will be made by the company to the customer with advice and full refund being made, Back-Orders will be delivered once in stock, and any in stock items will be sent at the same time. The company will not be held liable for any items that are unavailable due to allocation cuts by manufacturer or supplier, or total cancellation.
#25. The company reserves the right to refuse sales, or requests for special orders, where it, the company, believes any illegal act may be being perpetrated, if any sale subsequently proves to be illegal, that sale and customer will be reported to the authorities.
