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The Hurst Models Website Terms and Conditions apply to Your use of this website.By accessing this Website, You agree to be bound by them.This Website is provided for the benefit of all customers. If You do not agree to be bound by these Terms and Conditions, You may not use or access this Website and We have the right to restrict or prevent Your access to the Website. If there is anything You do not understand please e-mail any enquiry to us at: info@hurstmodels.com.

DEFINITIONS "Conditions" means these Terms and Conditions: "User(s)" means (a) User(s) of the Website either collectively or individually, as the context requires; "Personal Information" means any personal details provided by You via the Website; "We/Us/Our" means Hurst Models; "Website" means the website located at www.hurstmodels.com or any subsequent URL which may replace it; "You/Your" means You as a User of the Website; and "PC" means any Personal Computer to include, but not limited to IBM compatible PC, Apple Macs, Internet access through Television, WAP Telephones, internet access telephone units or Television internet access units.

1.

ACCESS

We will provide You with access to the Website in accordance with these Conditions.

2.

YOUR OBLIGATIONS

2.1

You:

2.1.1

agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant Laws;

2.1.2

agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;

2.1.3

will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;

2.1.4

will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;

2.1.5

will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);

2.1.6

will not create and publish a hypertext link to any part of the Website with exception to the page www.hurstmodels.com or attempt any unauthorised access to any part or component of the Website; and

2.1.7

agree that in the event that You have any right, claim or action against any Users arising out of that User's use of the Website, then You will pursue such right, claim or action independently of and without recourse to Us.

3.

INDEMNITY

You agree to be fully responsible for (and fully indemnify Us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your PC or internet access account.

4.

OUR RIGHTS

4.1

We reserve the right to:

4.1.1

modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or

4.1.2

change these Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.

4.2

We will use Our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond Our control.

5.

THIRD PARTY LINKS

In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

6.

MONITORING

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to Your access and/or removing any materials on the Website).

7.

YOUR DATA

7.1

We respect Your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place.

7.2

You should be aware that:

7.2.1

if We are requested by the Police or any regulatory or Government authority investigating suspected illegal activities, or upon receipt of a Court Order, to provide Your Personal Information and/or information concerning Your activities whilst using the Website We shall do so; and

7.3

We reserve the right in Our reasonable discretion to disclose details of Your use of the Website in relation to any, or any threatened, Court proceedings in connection with Your use, or the use of anyone under Your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.

8.

INTELLECTUAL PROPERTY AND RIGHT TO USE

8.1

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorised by Us.

8.2

You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that You may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

8.3

All Pictures/Graphics are the copyright of Hurst Models and/or original photographers and are intended for either illustration or  to assist in the building of scale models. Pictures shown are not Contractual.

9.

NOTICES

9.1

You may send Us notices under or in connection with these Conditions:

9.1.1

by post to Hurst Models. PO Box 158, Newton Le Willows, WA12 0WW; England

9.1.2

by fax to 0872 115 0262;

9.1.3

by email to info@hurstmodels.com.

9.1.4

by telephone to 0700 349 6508;

9.2

As proof of sending does not guarantee Our receipt of Your notice, You must ensure that You have received an acknowledgement from Us, which will be sent within 3 working days of Our receipt and should be retained by You.

10.

LIMITATION OF LIABILITY

10.1

WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY. You should verify all the information given on the Website before purchasing. You will not hold Us responsible if the information is not accurate.

10.2

The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate Terms and Conditions related to a particular product or service, We make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by Us or on Our behalf including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.

10.3

Unless specified in separate Terms and Conditions related to a particular product or service, We make no warranty that the Website or products or services offered on the Website by Us will meet Your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website by Us are free of viruses or bugs (or similar as defined in clause 2.1.2 ) or are fully functional, accurate, or reliable. We will not be responsible or liable to You for any loss of content or material as a result of uploading to or downloading from the Website.

10.4

Notwithstanding any other provision in the Conditions, nothing herein shall limit Your rights as a consumer under English Law.

10.5

You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by You.

10.6

We will not be liable in Contract, Tort or otherwise if You incur loss or damage connecting to the Website through a third party's hyper-text link.

10.7

We will not be liable, in Contract, Tort (including, without limitation, negligence), pre-Contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by Us or on Our behalf for:

10.7.1

any economic losses (including without limitation loss of revenues, profits, Contracts, business or anticipated savings); or

10.7.2

any loss of goodwill or reputation; or

10.7.3

any special or indirect or consequential losses;

in any case whether or not such losses were within the contemplation of either of Us at the date on which the event giving rise to the loss occurred.

11.

SEVERANCE

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.

12.

WAIVER

Nothing shall be construed as a waiver by Us of any preceding or succeeding breach of any provision.

13.

SURVIVAL

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

14.

ENTIRE AGREEMENT

These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between You and Us in relation to such matters. No oral explanation or oral information given by either of Us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, You have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that Your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

15.

LAW

The Conditions will be exclusively governed by and construed in accordance with the Laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that We have the right, at Our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

16.

ORDERING GOODS

16.1

VAT is charged on UK and EU orders at the prevailing rate and is included in the prices shown. Orders sent outside of the UK or EU are not subject to VAT and this is deducted at the checkout.

16.2

Goods not in stock will be back ordered, and supplied when available, unless we are advised otherwise in writing.

16.3

Title to the goods supplied remains ours until full payment has been received

16.4

Payment by Cheque, Postal Order, Credit/Debit card or BACS only.

16.5

Dishonoured cheques will be subject to a £42 administration fee

16.6

Damage or loss must be advised to us by fax or e-mail and confirmed in writing by post within 4 days of receipt of damaged goods

16.7

Prices are subject to change without prior notice. We reserve the right to alter, amend, or change products, pricing strategies, packaging or specification without prior notice.

16.8

There is no minimum order quantity. All items are available in singles.

16.9

Postage and Packaging is at cost. The rates are detailed on the Sales page of the Web Site.

16.10

Special postage arrangements (proof of posting, recorded delivery, tracked in transit, insured against loss/damage, priority handling etc) can be made at additional cost to the standard postage charged. The standard postage charge of £2 excludes these additional services.

16.11

It is the responsibility of the customer to make sure they request and pay for any Optional Postage and Packaging Service required. This is to provide adequate cover for the item(s) being ordered in case of loss or damage and to meet any time critical deadline.

16.12

If an item goes missing, or is damaged, it will be the responsibility of the customer to make a claim against the mail carrier we use. We will assist your claim as required though it is your responsbility to make the claim.

16.13

You have the right to cancel an order within seven days of placing your order, or seven days of receipt of the goods (whichever is the longer). Goods must be returned at your cost, as supplied, undamaged, with all packaging present and unmodified from the supplied state. It is your responsibility to ensure that the goods are sent back safely. You should request a free proof of posting if using Royal Mail and note that Proof of posting is not proof of delivery. Your payment will be refunded less the original postage costs paid.

16.14

By placing an order with us, you indicate your acceptance of these Terms & Conditions, and agree to abide by them

16.15

Hurst Models reserve the right to modify, or suspend these Terms and Conditions without prior notice.

© 1999/2011 Hurst Models. E&OE.



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Website Last Updated:
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