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Terms & Conditions

1.     General

a)     This website can be accessed at www.mte.co.za, related mobile-sites and software applications (the “Website”) and is owned and operated by Model Train Exchange. (“Model Train Exchange”, “we”, “us” and “our”).

b)    These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

c)     These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

d)    The Website enables you to shop online for an extensive range of goods related to model trains.

e)     Model Train Exchange do not allow third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”).

f)     Model Train Exchange may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

g)    You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

h)     Any failure on the part of you or Model Train Exchange to enforce any right in terms hereof shall not constitute a waiver of that right.

i)      If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

j)      No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

k)     No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

l)      These Terms and Conditions contain the whole agreement between you and Model Train Exchange, and no other warranty or undertaking is valid, unless contained in this document between the parties.

 

2.     Important Notice

a)     These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

b)    These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
       I. may limit the risk or liability of Model Train Exchange; and/or
       II. may create risk or liability for the user; and/or
       III. may compel the user to indemnify Model Train Exchange; and/or
       IV. serves as an acknowledgement, by the user, of a fact.

c)     If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Model Train Exchange to explain it to you before you accept the Terms and Conditions or continue using the Website.

d)     Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation created for either you or Model Train Exchange in terms of the CPA.

e)     Model Train Exchange permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

 

3.     Disclaimer

a)     The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

b)    Whilst Model Train Exchange takes reasonable measures to ensure that the content of the Website is accurate and complete, Model Train Exchange makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Model Train Exchange’s representatives, Model Train Exchange shall not be bound thereby.

c)     Model Train Exchange disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

d)    Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

e)     Any views or statements made or expressed on the Website are not necessarily the views of Model Train Exchange, its members, employees and/or agents.

f)     In addition to the disclaimers contained elsewhere in these Terms and Conditions, Model Train Exchange also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Model Train Exchange, its employees, agents or authorised representatives. Model Train Exchange thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

 

4.     Return Policy

a)     If you are not completely satisfied, you can return the product to us and we will either repair, replace, or credit your account, subject to the below terms. This Policy applies to products bought from Model Train Exchange itself.
Certain parts of this Policy do not apply to pre-owned products, and this is indicated in the relevant sections below. Pre-owned products are products that are offered for sale at discounted prices, because their original packaging is damaged, unsealed or missing, or the products show signs of handling and/or re-packaging.
This Policy forms part of the Model Train Exchange Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.

b)    Preparing your products for a return:
To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

                                          I.    package your products safely and securely for protection during transit;

                                         II.    clearly mark your return reference number on the outside of the parcel; and

                                        III.    include all accessories and parts that were sold with the product.

Failure to adhere to any of these requirements could delay the processing of your request or result in it being declined.

c)     You can return an unwanted product to us at no charge, provided:

                                          I.    it is undamaged and unused, with the original labels and stickers still attached;

                                         II.    in relation to pre-owned products, it is in the original packaging, which must      be undamaged and in its original condition with all seals still intact (if applicable);

                                        III.     it is not missing any accessories or parts;

                                       IV.    you log a return on the Website within 14 days of delivery to you or collection by you of the unwanted product. After 14 days, you can only return a product if it is defective;

                                        V.    it is not one of the items listed below.

d)    If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. If the product is missing any accessories or parts, you will need to follow the process set out in section 2 below. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if available); credit your account with the purchase price of the product within 10 days of the return or refund you.

e)     Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 7 days of such delivery / collection by phone or email.
We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product or credit your account with the purchase price or refund you if that is your preference

f)     We do our best to ensure that the products we deliver to you are of a high quality, and in good working order and without defects.
A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.
The following will NOT be regarded as defects and will not entitle you to a return under this section 4:

                                          I.    faults resulting from normal wear and tear;

                                         II.    damage arising from negligence, user abuse or incorrect usage of the product;

                                        III.    damage arising from electrical surges or sea air corrosion;

                                       IV.    damage arising from a failure to adequately care for the product;

                                        V.    damage arising from unauthorized alterations to the product;

                                       VI.    where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you; and

                                      VII.    in relation to pre-owned products, signs of handling and/or repackaging.

g)    Standard Warranty
If you have received a product which turns out to be defective or otherwise of poor quality (save for direct warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 3 months after delivery / collection of the product.
You can do so by sending us an email, and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference). If the repair / replacement takes longer than 14 days, we will get in touch with you to see if you would rather receive a credit / refund.
Where you request a repair / replacement of an pre-owned product and a repair is not possible, we will see if we have a replacement pre-owned product in stock (which is the same product, of the same nature and type, as the one sold), but if we do not, we will credit / refund you. A product in perfect condition (that is not a pre-owned product) is not the same product as a pre-owned product. Therefore, pre-owned products are discounted, compared to products in perfect condition.

h)     Gift Vouchers
Wherever you have used a Gift Voucher to purchase a product that you later return for a refund in accordance with the Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Gift Voucher, but we will credit your account.

i)      Charges and refunds
If you return a defective product to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.
If you return a product that does not comply with this Policy, you may be liable to reimburse Model Train Exchange for the cost of collecting the product from you and the cost of having the product returned to you.
Please note that we only refund to the payment method that you originally used – i.e. payment by credit card will be refunded to the same credit card, payment by EFT will be refunded to your nominated bank account.

 

5.     Website use and registration

a)     Registered users and guests may order Goods on the Website.

b)    To register as a user, you must provide a unique username and password and provide certain information and personal details to Model Train Exchange. You will need to use your unique username and password to access the Website in order to purchase Goods.

c)     You agree and warrant that your username and password shall:

                                                          i.    be used for personal use only; and

                                                         ii.    not be disclosed by you to any third party

d)    For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

e)     You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

f)     You agree to notify Model Train Exchange immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

g)    By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

h)     You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Model Train Exchange representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

i)      You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

j)      You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Model Train Exchange representative.

 

6.     Conclusion of sales and availability of stock

a)     Registered users and guests may place orders for Goods, which Model Train Exchange may accept or reject. Whether or not Model Train Exchange accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Model Train Exchange for the Goods.

b)    Model Train Exchange will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Model Train Exchange come into effect (the “Sale”). This is regardless of any communication from Model Train Exchange stating that your order or payment has been confirmed. Model Train Exchange will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

c)     Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

d)    Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Model Train Exchange liable if such Goods are not available or are not available at the price when you complete or attempt to complete the purchase cycle at a later stage.

e)     You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Model Train Exchange, we will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Model Train Exchange will notify you and you will be entitled to a refund of any amount already paid by you for such Goods, or an exchange for similar goods to the same value.

7.     Payment

a)     We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

b)    Goods for sale by Model Train Exchange, payment can be made via

                                          I.    Mastercard an Visa: Card transactions will be acquired for Model Train Exchange via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has enough available funds to cover all the costs incurred as a result of the services used on the Website.

                                         II.    Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 2 (two) days of placing your order. Model Train Exchange will not accept your order if payment has not been received;

c)     Model Train Exchange will only complete the order (paid by EFT) once the funds reflect on our bank statements.

d)    Customer details will be stored by Model Train Exchange separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

e)     The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

 

8.     Delivery of goods

a)     Model Train Exchange takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

b)    South Africa: Model Train Exchange use a courier to deliver all parcels nationally, to a physical address only. Deliveries will be made on weekdays between 9am and 5pm. Alternatively you can request PostNet or South African Post Office deliveries.
All national deliveries will be done in 2 to 3 workdays to main centres and 3 to 5 workdays to outlying areas subject to payment verification.
Internationally: We do ship to a selected few International destinations and use a courier for this. Delivery time and cost will vary according to the destination.

c)     Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.

d)    Model Train Exchange will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

e)     Model Train Exchange’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Model Train Exchange is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

 

9.     Gift Vouchers

a)     Model Train Exchange have electronic gift vouchers (“Gift Vouchers”) available for use on the Website or in store towards the purchase of Model Train Exchange goods. Gift Vouchers can only be redeemed while they are valid, for 1 year after the purchase date and their expiry dates cannot be extended.

 

10.  Privacy policy

a)     Model Train Exchange shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569

b)    Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

                                          I.    your name and surname;

                                         II.    your email address;

                                        III.    your physical address;

                                       IV.    your billing address;

                                        V.    your mobile number.

c)     Should your personal information change, please inform us and provide us with the changes as soon as reasonably possible to enable us to update your personal information. You can also log into your account and update the information.

d)    You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

e)     We will not, without your express consent use your personal information for any purpose other than as set out below:

                                          I.    in relation to the ordering, sale and delivery of Goods;

                                         II.    to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

                                        III.    to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

                                       IV.    to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or

                                        V.    disclose your personal information to any third party other than as set out below:

1.     to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;

2.     to our suppliers for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and

f)     We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Model Train Exchange is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

g)    We will ensure that all our employees, having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

h)     We will

                                          I.    treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

                                         II.    take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

                                        III.    provide you with access to your personal information to view and/or update personal details;

                                       IV.    promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

                                        V.    provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

                                       VI.    upon your request, promptly return or destroy any and all your personal information in our possession or control, save for that which we are legally obliged to retain.

i)      We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

j)      NO credit card information will be stored by Model Train Exchange and all information will have to be entered each time you place an order.

k)     Model Train Exchange undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.

l)      Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

m)   If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Model Train Exchange, MODEL TRAIN EXCHANGE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

n)     This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected using cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 15.

 

11.  Changes to these Terms and Conditions

a)     Model Train Exchange may, in its sole discretion, change this agreement or any part thereof at any time without notice. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

b)    Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

 

12.  Electronic communications

a)     When you visit the Website or send emails to us, you consent to receiving communications from us electronically.

 

13.  Ownership and copyright

a)     The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Model Train Exchange, its advertisers and/or sponsors and/or is licensed to Model Train Exchange.

b)    You will not acquire any right, title or interest in or to the Website or the Website Content.

c)     Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us.

d)    Where any of the Website Content has been licensed to Model Train Exchange or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.

 

14.  Third party websites

a)     This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Model Train Exchange is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.

b)    Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

 

15.  Limitation of liability

a)     Model Train Exchange cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Model Train Exchange, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.

b)    MODEL TRAIN EXCHANGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.

c)     YOU HEREBY INDEMNIFY MODEL TRAIN EXCHANGE AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.

 

16.  Availability and termination

a)     We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

b)    Model Train Exchange may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Model Train Exchange will not be liable to you if it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

c)     If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

d)    Model Train Exchange is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Model Train Exchange to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Model Train Exchange, in whole or in part, on notice to you. Model Train Exchange shall only be liable to refund monies already paid by you (see Model Train Exchange’s Returns Policy in this regard) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

e)     At any time, you can choose to stop using the Website, with or without notice to Model Train Exchange.

 

17.  Governing law and jurisdiction

a)     This website is governed by the laws of South Africa and Model Train Exchange chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

b)    In the event of any dispute arising between you and Model Train Exchange, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

c)     Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

18.  Legal Notices

a)     Model Train Exchange hereby selects 5 Dover Street, Whitecliffs Building, Ferndale, Randburg, 2914 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Model Train Exchange may change this address from time to time by updating these Terms and Conditions.

b)    You hereby select the delivery address specified with your order as your legal address.

c)     Notices must be sent either by hand, prepaid registered post or email. All notices sent

                                          I.    by hand will be deemed to have been received on the date of delivery;

                                         II.    by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

                                        III.    by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

 

19.  Complaints

a)     If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please contact us on +27 11 787 6121 or [email protected]

 

20.  Business details

a)     For the purposes of the ECT Act, Model Train Exchange’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

                                          I.    This web site is run by Model Train Exchange CC, a closed corporation based in South Africa trading as Model Train Exchange with registration number 1987/001959/23

                                         II.    Member:  JB Mollison

                                        III.    Main business: Hobby Shop and Online retailer

                                       IV.    Physical address: 5 Dover Street, Whitecliffs Building, Ferndale, Randburg, 2194.

                                        V.    Postal address: P.O. Box 4916, Randburg, 2125.

                                       VI.    Phone number: +27 11 787 6121

                                      VII.    Email address: [email protected]

 

21.  Errors

a)     We shall make all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

b)      Model Train Exchange shall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.