Terms and conditions (Sale of goods)
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 03450049333.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Optinium Ltd whose trading name is HobbyRC a company registered in England and Wales under number 04413272 whose registered office is at 50 Tarn Road, Thornton-Cleveleys, Lancashire, FY5 5AX with email address email@example.com; telephone number 03450049333; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
10. Website means our website www.hobbyrc.co.uk on which the Goods are advertised.
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Email title contains the words "Order Completed"). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
23. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
24.Prices and charges include VAT at the rate applicable at the time of the Order.
25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
26A. Please note that most delivery methods (Royal Mail, DHL etc) *might* deliver to a nearby neighbour if you are not in at the time of attempted delivery. We have no way of preventing this process from taking place and is considered normal practise in the delivery industry.
DPD - we have tried to prevent them delivering to a neighbour or safe place but it can't be guaranteed as the driver can override it. If you miss the initial DPD delivery they allow you to arrange delivery to a local pickup point. After two failed delivery attempts the parcel will be returned to us. This return process will incur a return charge and a cost to you for the re-sending of the parcel, so please don't ignore their requests for further information.
Royal Mail does not provide any of these options so please choose appropriately when picking a transit method as we will not be liable for losses incurred in this manner.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us and we will pay the costs of this (please contact us to arrange).
30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
31. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
33. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
34. The Goods will become your responsibility from the completion of delivery (which may include delivery to a neighbour or safe place) or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or let us arrange return delivery.
Withdrawal, returns and cancellation
37.You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
38. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
39. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
Right to cancel
40. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
41. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
42. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
44. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
45. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
46. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
47. If we have not asked for the goods to be returned, we will make the reimbursement without undue delay, and not later than:
48. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
49. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
50. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or to us at 50 Tarn Road, Thornton-Cleveleys, Lancashire, FY5 5AX without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
51. For the purposes of these Cancellation Rights, these words have the following meanings:
52. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
53. Upon delivery, the Goods will:
54. It is not a failure to conform if the failure has its origin in your materials.
55. We will provide the following after-sales service: (see details on our shipping & returns page) https://www.hobbyrc.co.uk/shipping-returns
Successors and our sub-contractors
56. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
57. In the event of any failure by a party because of something beyond its reasonable control:
58. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
60. For the purposes of these Terms and Conditions:
61. We are a Data Controller of the Personal Data we Process in providing Goods to you.
62. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
63. For any enquiries or complaints regarding data privacy, you can e-mail: firstname.lastname@example.org.
64.1. The law differs from one country to another. This paragraph applies to sales throughout the EU.
64.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
64.3. We make no representation or warranty for:
64.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
64.5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
64.6. We shall not be liable to you for any loss or expense which is:
64.7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999) , as well as to us.
64.8. If you become aware of any breach of any term of this agreement by any person, please tell us by [state action required]. We welcome your input but do not guarantee to agree with your judgement.
Governing law, jurisdiction and complaints
65. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
66. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
67. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution as soon as possible.
68. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
69.1 Each voucher code has its own terms, which will be made clear at the time it’s issued to you (e.g. what products, single/multiple use, when it can be used etc).
69.2 If you’re given a unique voucher code that is meant just for you (e.g. a 5% discount code) please keep it secret and don’t let anyone else use it (e.g. don’t post it on social media). If we think there is or has been misuse of a voucher code in any way (e.g. selling it or sharing it with others) we reserve the right to suspend or withdraw the code and cancel any orders using it.
69.3 We reserve the right to cancel, modify or suspend any voucher code at anytime without notice.
69.4 Gift vouchers credit expires 12 months after issue. Discount codes cannot be used against the purchase of gift vouchers.
Model cancellation Form
50 Tarn Road
Email address: email@example.com
Telephone number: 03450049333
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)
[*] Delete as appropriate.