General Terms

Buyer means the individual or organisation that buys or agrees to buy the Goods from the Seller.
Consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
Contract means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
Goods means the articles that the Buyer agrees to buy from the Seller.
Website means www.diecastinvestor.com
Seller means Nicholas Simpson of Tranmere Road, London, SW18 3QH that owns and operates www.diecastinvestor.com
Terms and Conditions means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.

Conditions

Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Placing an order for Goods using the website shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Any complaints should be addressed to the Seller’s address at 39 St Georges Square, London, SW1V 3QN

Ordering

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 by the Seller. The Seller may choose not to accept an order for any reason.
Where the Goods ordered by the Buyer are not available the Buyer shall be notified and given the option to either wait until the Goods are available  or cancel the order and receive a full refund within 30 days.

Price and Payment

The price of the Goods shall be that which is stipulated on the Website. The price is exclusive of Delivery charges.
The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
The buyer is responsible for any duties payable on goods being exported.

Delivery

Goods supplied within the UK will normally be delivered within 5 working days of acceptance of order.
Goods supplied outside the UK will normally be delivered within 10 working days of acceptance of order. Where specific delivery dates have been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event, 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.
Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
The seller takes no responsibility where an incorrect address is supplied.

Rights of Seller

The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Seller reserves the right to withdraw any goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

Warranty

The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller, except where the Buyer is dealing as a Consumer.
All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

Auctions

All bidders must be registered users on the Diecastinvestor platform.

The highest accepted bidder for each lot shall be, subject to the Vendor’s reserve (if any), the purchaser thereof. If any dispute shall arise as to any bidding the lot in dispute shall be immediately put up for sale again at the last undisputed bidding, or the dispute may be determined by the Auctioneers. The Auctioneers reserve the right of bidding for, withdrawing or cancelling any lot.

All winning bids form a legally binding contract to buy the lot. No lot will be despatched without payment and legal title will remain with Diecastinvestor until full payment including postage is received.

All winning bids require payment within forty eight (48) hours of the auction ending.

Every care is taken to ensure accuracy concerning authorship, origin, age, condition, etc., but all such statements represent opinion and are not to be taken as statements or representations of fact. The Auctioneers reserve the right in forming their opinion to consult and rely upon any expert or authority reasonably considered by them to be reliable.

Cancellation and Return

The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 3 working days of delivery confirming in writing if thuctionse Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

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 postal charges if the Goods are in fact defective.
Items on the website are sold as seen, every effort will be made to describe them in detail and additional photographs will be supplied on request. Buyers must satisfy themselves that the condition and colour is as described or stated.
Goods to be returned must clearly show the order number obtained from the Seller on the package.
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.

Limitation of Liability

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 or damage whatever.
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 or that of the Seller’s agents or employees.

Waiver

No waiver 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.

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 outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

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.

Changes to Terms and Conditions

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

Governing Law and Jurisdiction

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.