Introduction

These Terms of Service govern the sale and purchase of in-stock or order-in products through the Midland Models website. These terms apply to products available for immediate (or near immediate) delivery. Separate terms and conditions apply to Pre-Order products, which are available [insert link to pre-order terms].

You will be asked to agree to these Terms of Service before placing an order on our website. This document does not affect any statutory rights you may have as a consumer under UK law, such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015.

Interpretation

In these Terms:

• "we," "us," and "our" refer to Midland Models.
• "you" and "your" refer to our customer or prospective customer.

Order Process

The advertisement of products on our website constitutes an "invitation to treat" rather than a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure outlined below:

1. Add the desired products to your shopping cart and proceed to checkout.
2. If you are a new customer, create an account or proceed as a guest. Existing customers can log in or check out as a guest.
3. Select your preferred delivery method, review your order, and confirm your agreement to these Terms of Service.
4. You will be transferred to our payment service provider's website to complete your payment.
5. We will send you an initial acknowledgement, and after verifying your order, we will either send an order confirmation (at which point your order becomes a binding contract) or notify you if we are unable to fulfill your order.

Products

Our website offers a range of products, including but not limited to:

• Model railways (locomotives, rolling stock, track, scenery, buildings).
• Hobby equipment (paints, brushes, tools).
• Magazines, books, periodicals.
• Games and related components.
• Toys and other transport-related items.

Product availability may change periodically, and we do not guarantee the continued supply of any specific product.

Prices

Prices for our products are quoted on our website and include VAT (where applicable). We may update prices from time to time, but these changes will not affect contracts that have already come into force.

In addition to the product price, you may need to pay delivery charges, which will be notified to you before the contract is finalized.

Payments

You must pay for your products during the checkout process. Payments can be made by credit card, debit card, or PayPal. If you fail to make a payment, we may withhold delivery and/or cancel your order.

Unjustified charge-backs will result in the following:

• You must repay the amount of the charge-back.
• You must cover any third-party expenses incurred due to the charge-back.
• An administration fee of £25.00 including VAT.
• Any other reasonable costs associated with recovering these amounts.

Deliveries

Our delivery policies are outlined in our Shipping Policy. Please refer to that document for detailed information.

Cancellation Rights

If you are contracting as a consumer, you may cancel your order without giving any reason within 14 days of receiving your products. To cancel your order, inform us of your decision and return the products to the address provided. You will bear the direct cost of returning the products.

Upon cancellation, you will receive a full refund, excluding delivery charges unless agreed otherwise. Deductions may be made for any diminished value due to handling the products beyond what is necessary to determine their nature, characteristics, and functioning.

Warranties and Representations

You represent and warrant that:

• You are legally capable of entering into binding contracts.
• The information you provide is accurate, complete, and not misleading.
• You will take delivery of the products as specified in these Terms.

We warrant that:

• We have the right to sell the products.
• The products are free from charges or encumbrances, except as specified in these Terms.
• The products will correspond to their descriptions and be of satisfactory quality.

Limitations and Exclusions of Liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.

We will not be liable for any losses arising from events beyond our reasonable control or for any business losses such as lost profits, revenue, or goodwill.

Our liability in connection with any product purchase shall not exceed the total amount paid by you under the contract.

Order Cancellation

We may cancel a contract immediately if:

• You fail to pay any amount due.
• You commit any material breach of the contract.

You may cancel the contract immediately if we commit any material breach. If a contract is canceled, any undelivered products will not be delivered, but you must still pay for any products delivered before cancellation.

Scope

These Terms do not govern the assignment or licensing of intellectual property rights, the licensing of works stored in products, or the provision of services other than delivery.

Variation

We may revise these Terms from time to time by publishing a new version on our website. The revised Terms will apply to contracts entered into after the revision date but will not affect previously made contracts.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms as necessary.

No Waivers

A failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect. If a part of any provision is unenforceable, that part will be deemed deleted, and the rest of the provision will continue in effect.

Third-Party Rights

These Terms are for the benefit of both you and us and are not intended to benefit any third party.

Entire Agreement

These Terms, along with our Privacy Policy, Cookies Policy, and any other applicable policies, constitute the entire agreement between you and us regarding your purchase and use of our products.

Law and Jurisdiction

These Terms are governed by and construed in accordance with English law. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of England.

Statutory and Regulatory Disclosures

Our VAT number is [Insert VAT Number]. We will not file a copy of these Terms specifically in relation to each customer, and if we update these Terms, the version to which you originally agreed may no longer be available.

Our Details

This website is owned and operated by Midland Models. We are registered in the United Kingdom under registration number 15908542, and our registered office is at 28, Lincoln Avenue, Alvaston, Derby. DE24 8QX.

You can contact us by email: info@midlandmodels.co.uk

---

These Terms of Service ensure that your interactions with Midland Models are clear and legally compliant, providing both parties with a mutual understanding of their rights and obligations.