Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, “we” means The Wargaming Trader (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes 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 detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: “(i) you must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer an account with us will be created when you check out; if you are an existing customer, you must enter your login details; (iii) when you check out, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) you will be transferred to the Payment website/page, and PayPal or other method will handle your payment; (v) we will then send you an initial acknowledgment; and (vi) once we have checked whether we are able to meet your order, we will either send you an dispatch confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.”
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing the order summary. You may correct those input errors before placing your order by clicking on “Back” at the bottom of the review page.
Placing an order constitutes an acceptance of these terms and conditions.
(4) The products
Wargaming and Hobby related products, including but not exclusively miniatures, paints and tools.
(5) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made by any method detailed on the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
(6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete; This includes address details. Should you pay by a method that stores an address then it is your responsibility to ensure the correct address is passed to us.
(c) you will be able to accept delivery of the products;
(e) you are at least 18 years of age.
(7) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order. Your address must be correct or else we will bear no responsibility for any loss for an incomplete address.
We will use reasonable endeavors to dispatch your order within 3 business days of payment unless you are informed otherwise by email. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 28 days of the later of receipt of payment and the date of our order confirmation.
Once orders have been dispatched the delivery time is dependent on the delivery service used which can be affected by weather and other unforeseeable circumstances. If an order has been shipped and not received, you must inform us within a reasonable period. This period is deemed to be 30 days for Airmail and UK Postal services, 60 days for Surface Mail. Past these timescales we will resend packages at our discretion.
If a delivery attempt is made by our delivery agents and a cost is incurred to us by a customers failure to arrange redelivery or collection of a package, then you accept that we may pass the delivery charge. Also if asked to cancel/refund the order the costs incurred for the original delivery and return will not be refunded (following a failed delivery).
Customers are liable for any duty or customs fees due in the country of delivery.
We reserve the right to upgrade your delivery to a faster or tracked service when we deem it appropriate
(8) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) “Cooling off” period
You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them. Products returned by you within the 7 working day period referred to above will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
Cancellation or alterations to orders can only be accepted in writing and can only be met if the goods have not already been dispatched. Please be aware that there may be a time delay between your items being dispatched and you receiving notification of their dispatch.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
(10) Problems with delivered orders
Any problem with the order must be reported within seven working days after the day on which you received your goods
In the event of a mis-sent item, title of the goods remain with The Wargaming Trader and the cost of return postage by the agreed postage method will be for us to bear
(11) Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
No claim for a refund can exceed the original amount paid
(13) Limitations of liability
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).
(14) General terms
Images of products on our website are for illustrative purposes; actual products may differ from such images.
In general the product in the image is the product you will receive, with the exception where we have multiple similar items. In this case we will use an image of a representative sample – therefore in this case it is possible that the item you receive is marginally different to the item in the image.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section : these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(15) About us
The Wargaming Trader
7 Park Road
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
(a) information about your computer and about your visits to and use of this website (including [your IP address, geographical location, browser type, referral source, length of visit and number of page views])
(b) information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services. However we do not store Credit Card/Debit Card information.
(c) information that you provide to us for the purpose of registering with us (Title, Name, Email Address, Address, Telephone Numbers)
(d) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters.
(e) any other information that you choose to send to us.
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may use both “session” cookies and “persistent” cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website; We will use the persistent cookies to: enable our website to recognise you when you visit.
Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
Our advertisers/payment services providers may also send you cookies.
Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.) This will, however, have a negative impact upon the usability of many websites , including this one.
(3) Using your personal data
We may use your personal information to:
(a) administer the website;
(b) improve your browsing experience by personalising the website;
(c) enable your use of the services available on the website;
(d) send to you goods purchased via the website, and supply to you services purchased via the website;
(e) send statements and invoices to you, and collect payments from you;
(f) send you general (non-marketing) commercial communications;
(g) send you email notifications which you have specifically requested;
(h) send to you our newsletter and other marketing communications (relating to our business which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications)
(i) provide third parties with statistical information about our users – but this information will not be used to identify any individual user;
(j) deal with enquiries and complaints made by or about you relating to the website; and
Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
(4) Other disclosures
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(d) to any of our agents, suppliers or subcontractors (but only as reasonably necessary for our purposes as set out above); and
(e) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.
You expressly agree to such transfers of personal information.
(5) Security of your personal data
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
We will store all the personal information you provide on our secure (password- and firewall- protected) servers. All electronic transactions you make to or receive from us will be encrypted [using SSL technology].
Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping your password and user details confidential. We will not ask you for your password.
To clarify we do not store any Credit Card/Debit Card information on our servers or premises whatsoever.
(7) Policy amendments
(8) Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).
You may instruct us not to process your personal data for marketing purposes by email at any time. (In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.)
(9) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
(10) Updating information
Please let us know if the personal information which we hold about you needs to be corrected or updated.
(12) Email Notifications
We may from time to time notify all users by email of significant changes to our site which may mean that any data collected is moved or manipulated. An example would be a server move or ecommerce platform update where accounts might be migrated.