Terms and Conditions

We welcome feedback of all kinds, as preserving and improving customers experience is our ultimate goals. If you have any questions regarding our policies outlined below, we are always happy to speak with you- just get in touch.

These conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the conditions set out below.

If you have any questions relating to these conditions or any problems when attempting to order online, please contact sales@tommysmodels.com

 

Definitions

"Conditions" means these terms and conditions; "Goods" means a product displayed for sale on the website; "Product Description" means that part of the website where certain terms and conditions in respect of the individual Product are provided; "We/Us" means Tommys Models; "Website" means Tommys Models website. "You" means a user of this Website.

We reserve the right to modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you acknowledge that we shall not be liable to you or any third party for any modification to or withdrawal of the website.

We also reserve the right to change the conditions from time to time. For the avoidance of doubt, the terms and conditions which apply to you are those in place at the time you use the website or the time you make your purchase.

 

Damage to your computer

We make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that you use the right equipment to use the website and ensure you have appropriate security and anti-virus software in place. We will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

 

Description of Goods

The goods are from our grandfather’s collection and are sold as seen.

We will take all reasonable care to ensure that all details, descriptions and prices of goods appearing on the website are correct at all times and we aim to keep the website as up to date as possible.

It is understood and agreed that product images are not necessarily representative of the finished model.

Lifestyle images are representative and may not include everything in the product. You may need to purchase additional items to work with the product you wish to use.

Packaging may vary from that shown.

We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your computer monitor, We cannot guarantee that your monitor's display of any colour will accurately reflect the color of the product on delivery. To the extent permitted by applicable law, We disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website

In rare instances, should it occur that an item becomes unavailable prior to your checking out, you will be notified that the item is no longer available during the checkout process.

All items are subject to availability. If, during processing, we discover for any unforeseen reason that we cannot complete the order, we will cancel the order and email you explaining why (for instance, a stock shortage, inability to obtain payment or product description fault).

We will not supply substitute products without contacting you first.

If one or more of the Goods you order are out of stock, we will only ship the available Goods in your order and your payment method will be debited with the value of the dispatched goods rather than the whole order value.

 

Intellectual Property

The content of the website also includes, but is not limited to, designs, titles, trade dress, artwork and logos protected by copyright and intellectual property rights.

All other trademarks and/or content that appear on this Website are the property of their respective owners. You acknowledge You shall be solely liable for unauthorized use of this property.

 

Prices

All prices are displayed exclusive of VAT and are payable in Euros.

Unless otherwise specified, prices payable for the goods are exclusive of delivery and are subject to our right to require payment of delivery charges, insurance costs, customs duties, special handling charges and/or packaging charges as appropriate.

We have the right at any time to revise prices to take into account increases in costs including (without limitation) costs of agreed changes in any taxes, duties, levies or exchange rates or costs arising as a result of site conditions, delays, interruptions, lack of information and any other factor beyond our control. The price you pay will be the price stated at the time you place your order.

 

Orders and Delivery

Orders must only be placed by persons aged eighteen (18) or over and with full legal capacity. Persons under eighteen (18) or persons who do not possess full legal capacity shall not use this website nor place an order without supervision by a parent or guardian, who shall assume responsibility for the order and compliance with these terms and conditions on their behalf.

When you place an order, you are making an offer to purchase Goods from us. We are not obliged to accept your order. We will not be deemed to have accepted your order unless and until we email you to confirm that your order has been accepted.

All delivery charges must be paid by you. Delivery shall be made at the address specified by You at the time of ordering. We will make every effort to deliver within the times specified. 

All times or dates given for delivery of the goods are only estimates given in good faith and are not conditions or warranties of contract. Time shall not be of the essence in relation to delivery timelines.

If the goods are required for a specific date, we recommend they are ordered well in advance to avoid any disappointment.

Delivery charges vary depending on the type of products ordered and the service you select and can only be refunded in accordance with your legal rights under the Consumer Contracts Regulations and other legislation.

At the time the goods are delivered to the address given by you, the risk in the goods shall pass to you and you shall be solely responsible for the custody and maintenance thereof.

You are responsible for ensuring that the delivery details are correct and accurate and that, if required, it is able to be completed on the relevant delivery date. We shall not be liable to you if delivery is not completed due to inaccurate information or no person being available to accept delivery (if required).

 

 

Standard shipping

Your order will be processed within 1 working day of the order being received. While we always aim for customers to receive their order as quickly as possible, at busy times there may be a delay in shipping your order from our warehouse.

For orders delivered outside of ROI, local charges may be payable when the courier is ready to deliver your parcel. If you do not pay these charges and reject the delivery, the goods will be returned. The cost of return will be deducted from your final refund total.

 

Payment

Payment may be made by any of the methods indicated on the website. Goods will not be shipped unless payment is received in full. We will pass on your payment details to the Payment Interface for processing. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

Payment is automatically authorised online, and your payment method will be charged accordingly when the items are ready to be despatched.

 

Damaged or Defective Goods

If, in the unlikely event, your goods arrive in a damaged condition or are defective, You must inform us as soon as is practically possible and, in any event, no later than fourteen (14) days after discovery. Failure to do so will deem that you have accepted the goods. You should inspect your goods on delivery or as soon as possible thereafter.

The goods must be unmodified, have been properly used under normal conditions and have been properly stored, installed and maintained.

The goods or parts thereof should be returned to us in its original packaging together with supporting documentation giving the invoice number and the nature of the defect or shortage.

For further information on returning goods, please refer to our Returns and Refunds section.

If for any reason a replacement is not available for a damaged or defective item then we will refund the value of the returned goods by the original payment method.

 

Right to cancel

You have the legal right to cancel your order within fourteen (14) working days of receipt of the goods. If, for any reason, you are not entirely happy with your order we will refund the value of the goods supplied provided that you first notify us of your intention to cancel using the procedure outlined herein and providing that the goods, together with the original invoice, are returned to us in their original condition and in the original packaging to the address specified on the invoice within fourteen (14) working days after the day of delivery. A certificate of posting should be obtained as We cannot be held responsible for the non-delivery of Goods to our address without it.

 

Cancellation by us

We reserve the right to cancel the order if:

  • We have insufficient stock to deliver the Goods You have ordered.

  • We cannot obtain payment.

  • A product, price, or offer description fault has been identified.

  • We do not or cannot deliver to your area/Country.

 

If we do cancel your order, the contract between us will be terminated, we will notify You by e-mail and will re-credit to your account any sum deducted by us from your payment method as soon as possible but, in any event, within thirty (30) days of your order.

We reserve the right to withdraw any goods from this website at any time and/or remove or edit any materials or content on this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to You or any third party by reason of our withdrawing any goods from this website whether or not those goods have been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

Returns

You can return your items within 14 days. It would help us if items are returned to us in their original condition and in the original packaging to the address specified on the invoice within seven (7) working days after the day of delivery. A certificate of posting should be obtained as We cannot be held responsible for the non-delivery of Goods to our address without it.

For further information on returning goods, please refer to our Returns and Refunds section on the Website.

 

User Generated Content

User generated content (“UGC”) refers to submissions made to our website and our social media channels, most commonly via the website Forum, from users not employed by Tommys Models.

By posting content and images to our Forums and website, you acknowledge and agree you are granting Tommys Models permission to use your content free of charge, including but not limited to on our websites, social media channels and in printed and online publications. It is understood you remain the owner of the intellectual property in your content and you can continue to share and use your content as you like.

When using and sharing UGC we will endeavour to ensure the submissions are not altered in any way, although some editing may be required, including but not limited to, cropping of images as well as correcting spelling and grammatical errors.

UGC submitted to Tommys Models is assumed to be your own original content unless specifically stated otherwise, and you warrant that the work is your own at the moment of submission. If you have used the work of others you must have obtained the necessary rights or permissions to use it. If your content clearly identifies anyone else, you acknowledge they have consented to the content being used by yourself as well as Tommys Models.

We shall not be liable for any claims arising out of the use of third party work.

On occasion it may be required for Tommys Models to contact you regarding content you have submitted. Where possible, this will be via email (on the email address attached to your website account) but we may use other internal systems to find your contact information (orders placed with Tommys Models or previous emails sent to us are two examples).

Should some UGC used by Tommys Models be judged offensive, infringe your or anybody else’s copyright, or is unlawful in any way, please contact us immediately stating the content at fault and where you have seen it.

We shall not be liable for any claim arising out of the content of any UGC.

 

 

Liability

In any case, we shall not be held liable other than to the extent permitted by law. This includes where you incur unexpected losses, you use our products incorrectly or other than as advised and suffer losses, or you don’t comply with our procedures for returns and refunds.

Your statutory rights are not affected by these conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.

 

Legal Notices

There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these conditions, govern your use of this website.

 

Law and Jurisdiction

This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Irish Law. All contracts are concluded in English.

 

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 the conditions and shall not affect the validity and enforceability of any of the remaining provisions of the conditions.

 

Voucher / Discount Codes

All offer codes are applied to the value of the order, excluding delivery costs and are subject to our general Terms and Conditions.

The offer code must be entered into the Promotional Code field on the basket page and applied for the discount to be deducted from the order.

Unless stated, discounts cannot be combined and only one offer can be applied to any order. Promotional codes can only be used once per customer, unless otherwise stated. 

Tommys Models reserves the right to withdraw or amend offers at any time.

 

Survival

Each provision of the 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.