Terms & Conditions
1. Definitions
“Bits or Bitz”
means part of a model kit
“Contract”
means any contract between the Company and the Customer for the sale and purchase of Supplies.
“Customer”
means the person(s) or company whose order for the Supplies is accepted by the Company.
“Goods”
means any goods supplied or to be supplied by the Company to the Customer.
“Services”
means any services supplied or to be supplied by the Company to the Customer.
“Supplies”
means any Goods or Services.
“in writing”
includes electronic communications.
2. Conditions
All orders are accepted by the Company subject to and in accordance with these Conditions. These Conditions override and exclude any terms or conditions in or referred to in any negotiations or course of dealing between the Company and the Customer or set out in the Customer’s standard terms and conditions. If there is any conflict between
- the other provisions of this Catalogue and these Conditions; or
- the provisions of the order and these Conditions
these Conditions will prevail unless the Company agrees otherwise in writing. Together with any terms accepted by the Company in connection with an order, these Conditions constitute the entire agreement between the Company and the Customer in relation to the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by a director of the Company.
3.Prices
Prices for Supplies are in £ sterling. Where the Company agrees to trade in Euro, it will specify an exchange rate for each order. The Company has used all reasonable endeavours to ensure that prices for Supplies are accurately set out in the Catalogue but reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when an order is accepted. The company reserves the right to cancel any order were the price of an item is incorrect at the time of ordering without notice.
4. Payment
Payment is due on completion of order via methods available, cheque orders are only available to UK account holders and cheques must arrive within 8 days or placing of order, failing to send a cheque within this time will result in a cancelled order and may result in future order restrictions or withdrawral of cheque payment facilities.
Unlike some companies we dont penalise customers for which method they choose to pay with, but if your interested we prefer card payments.
5. New accounts
A Customer wishing to open an account must furnish such information as may be requested by the Company . The Company reserves the right in its absolute discretion to grant, refuse or discontinue any account facilities or reduce or suspend any credit limit at any time.The company reserves the right to email its customers directly with stock updates or important changes to service or other circumstances it feels are important to its cusomer continude enjoyment of the the Bits and Kits Service, by making a purchase you are agreeing to this condition.
6. Orders
The Company reserves the right to decline to trade with any company or person.
Once accepted, an order may be cancelled by written agreement . Without limiting the generality of this, orders for Goods which are special stock items may not be cancelled once we have placed the order with our supplier.
Orders for Goods are usually accepted by the Company by despatching the Goods provided, however, that despatch will not be acceptance where the price for the Supplies has been incorrectly quoted or referenced by the Customer in its order.
7. Delivery
The Company will use all reasonable endeavours to despatch Goods ordered before 4p.m. Monday to Friday.
The Company may use any method of delivery available to it. The Company will use reasonable endeavours to meet delivery and/or performance estimates but, except as set out in 8 below, in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence.
8. Inspection, defects and non delivery
The Customer must inspect the Supplies as soon as is reasonably practicable after delivery,In the event of broken items please email us directly with details of damages, likewise if we have delivered an incorrect part please email us and return the incorrect part for either a refund or replacement.Please note it may not be possible for us to replace a damaged or incorrect item.Please also note that you are required to return the damaged or incorrect items to us.
In the event that our parcel was not delivered and returned to bits and kits due to an incorrect delivery address or non collection from a post office or courier or other reason that is not our fault, you will be given a choice to pay for the actual delivery cost for the parcel to be resent to you or you may request a refund for the undelivered goods less any delivery/return/taxation charges encountered by your package.
Please note our labels are generated automatically from the delivery address you supply, so any error you type will be printed on to your delivery label.
9. Returns
The Company operates a 14 day return policy. To be accepted for return on this basis, Goods should be returned for receipt by the Company within 14 days of despatch.You the customer will be expected to pay for the safe return of goods that are unwanted, you are liable for any damage or loss until those items hve been delivered back to bits and kits.
10. Distance selling regulations
All transactions are governed by the distance selling regulation, please check the exact details in your own country.
11. Safety
Bits should be treated with care and are recomeded for use by people over the age of 12, our tools and glues and resin bits should only be used by adults, We accept no liablility for any injury caused by misuse or mis handeling of our products, if you require guidance on how best to use anything we sell please contact us in writing for clarification and please include your name address and your order number.
18. Use of Personal Data
“Personal Data” means, in relation to any Customer, or any representative of a Customer who is (in either case) a living individual, any data from which (whether alone or in combination with other information held by the Company) the Company can identify that Customer or that representative, regardless of how and when that data is provided. The Company may process Personal Data for all purposes contemplated in these Conditions or arising in the context of the relationship between the Company and the Customer including:
1. Deciding whether to enter into any contract or arrangement with that Customer. This may include conducting credit reference searches against a Customer or its representatives and the disclosure of information to the relevant agency as to how that Customer conducts its account;
2. Order fulfilment, administration, customer services, profiling the Customer’s purchasing preferences and to help to review, develop and improve the company’s business and the goods and services it offers;
3. Direct marketing of the Company’s products and services and/or of the products and services of other companies in the Battle wagon bits uk or third parties which the Company believes may be of interest to the Customer or its representatives, whether by post, fax, telephone, email, SMS, MMS or otherwise;
4. Crime prevention or detection.
The processing of the Personal Data may involve:
1. The disclosure of that Personal Data to the Company’s service providers and agents;
2. The disclosure of that Personal Data to other companies in the A and M Group whose products and services the Company believes may be of interest to that Customer or representative;
3. The disclosure of that Personal Data to third parties whose products and services the Company believes may be of interest to that Customer or representative;
4. The transfer of Personal Data outside of the EEA, including to countries whose laws may not provide adequate protection to Personal Data. The Company will only transfer Personal Data outside the EEA to companies who have guaranteed to the Company the same level of protection as that Personal Data would have received in the UK.
If, at any time, the Customer or its representatives does not wish his or her Personal Data to be used for any or all of the above purposes, he or she should contact the adminstirator
For more information on the Company’s use of personal data please see the Company’s privacy policy on its website.
19. Promotions
In the event that the Company sends promotional material to the Customer in relation to goods or services available from the Company, these Conditions shall apply to all Supplies purchased from such material.
20. Country of origin
Unless otherwise confirmed by the Company in writing, nothing in this Catalogue is to be taken as representation of the source of origin, manufacturer or production of the Goods or any part of them.
All items listed are of UK origin unless otherwise stated .
21. Trade counter
We will from time to time attend trade shows and war game conventions, sales at these events will class as trade counter sales, these sales may be cash based and will not require postage or incure any postage costs, we do how ever reserve the right to change prices at these events to cover travel and lodging costs .
22. Export (please read carefully if you are purchasing from an EU member state as this applies to you)
The Customer is responsible at its own expense for obtaining any licence and complying with any export regulations in force within the United Kingdom and in the country for which the Goods are destined this includes paying any import duty or any carrier fees or penalties . The Company reserves the right not to supply certain customers or countries and Customers are liable for any and all import duties or fee arising from their purchase of goods from our country, Customer refusal to pay import duty and handeling fees may result in the return of goods by the relevant customs authourities, if this happens the customer will still be liable for the cost of the goods and postage costs.
23. Euro
REMOVED AS THE UK IS NO LONGER PART OF THE EU
24. Force majeure
The Company shall not be liable to the Customer in any manner or be deemed to be in breach of these Conditions because of any delay in performing or any failure to perform any of the Company’s obligations under these Contract if the delay or failure was due to any cause beyond the Company’s reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour). The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract.
25. Recording of telephone calls
The Company reserves the right to monitor, intercept or record telephone calls and may monitor or intercept all email or other electronic communications made to its premises for training, security and quality purposes.
26. Legal construction
All Contracts shall be governed by and interpreted in accordance with English law and the Customer submits to the jurisdiction of the English Courts, but the Company may enforce such Contract in any court of competent jurisdiction.
27. General
Any provision of these Conditions of Supply which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Conditions of Supply and the remainder of such provision shall not be affected. Failure by the Company to enforce or partially enforce any provision of these Conditions of Supply will not be constrained as a waiver of any rights under these Conditions of Supply.
The Company shall be entitled, without the consent of or notice to the Customer, to assign the benefit, subject to the burden, of these Conditions and/or any Contract to any company in its group (as defined in section 53(1) of the Companies Act 1989) at any time. Except as set out in Condition 16, the parties to the Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
These conditions supersede all previous issues.
11. Description
All descriptions and photographs, dimensions, capacity or other details including, without limitation, any statements regarding compliance with legislation or regulation (together “Descriptions”) wherever they appear (including without limitation in this Catalogue, on despatch notes, invoices or packaging) are intended to give a general idea of the Supplies, but will not form part of the Contract. If the Description of any Goods differs from the manufacturer’s description, the latter shall be deemed to be correct. The Company shall take all reasonable steps to ensure the accuracy of Descriptions but relies on such information, if any, as may have been provided to it by its suppliers and accepts no liability in contract or tort or under statute or otherwise for any error in or omission from such Descriptions whether caused by the Company’s negligence or otherwise. The Company may make changes to the Supplies as part of a continuous programme of improvement or to comply with legislation.
12. Risk and ownership
The risk of damage to or loss of Goods will pass to the Customer when the Goods are unloaded from the Company’s carriers at the Customer’s premises. Ownership of the Goods shall not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due from the Customer to the Company on any account whatsoever. Until ownership passes to the Customer, the Customer must hold the Goods on a fiduciary basis as the Company’s bailee. If payment is not received in full , or the Customer passes a resolution for winding up or a court shall make an order to that effect, or a receiver or administrator is appointed over any assets or the undertaking of the Customer or an execution or distress is levied against the Customer, the Company shall be entitled, without previous notice, to retake possession of the Goods and for that purpose to enter upon any premises occupied or owned by the Customer.
This website and all images and information remains at all times the sole and exclusive property of the Company.
13. Quality Assurance
All Items will be brand new (unless stated otherwise) and free from faults and defects, they may how ever require cleaning and removal of flash and excess sprue .
14. Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of the Company in writing, the Company accepts no liability for any failure of the Supplies to comply with such criteria, whether attributable to the Company’s negligence or otherwise. The responsibility for ensuring that Supplies are sufficient and suitable for a particular purpose is the Customer’s, unless specifically stated in writing by a director of the Company. Any advice or recommendation given by an employee of the Company which is not confirmed in writing by a director of the Company is acted on entirely at the Customer’s risk and the Company shall not be liable for any such advice or recommendation which is not so confirmed. Except as set out in Condition 16(i), the liability of the Company to the Customer, should any warranty, statement, advice or recommendation confirmed in accordance with this Condition 14 prove to be incorrect, inaccurate or misleading, will be limited to the refund of the price paid for the Supplies or, at the Company’s option, the supply of replacement Supplies which are sufficient and suitable.
15. Warranty/Guarantee
As section 14
16. Exclusion of Liability
{i) The Company does not exclude its liability to the Customer:
(ii) Except as provided in Conditions 8 (Inspection, defects and non delivery), 14 (Performance and fitness for purpose), and 15 (Warranty/Guarantee) and Condition 16(i), the Company will be under no liability to the Customer whatsoever (whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss) howsoever caused or arising out of or in connection with:
And the Company hereby excludes to the fullest extent permissible at law all conditions, warranties and stipulations, express (other than those set out in these Conditions or given in accordance with Condition 14) or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in favour of the Customer.
Save as set out in Condition 16(i) the Company’s total liability in contract, tort, (including negligence), breach of statutory duty, misrepresentation or otherwise shall be limited to repairing or replacing Goods or in the case of Services, re-performing the Services or, at the Company’s option, refunding monies already paid in respect of the Supplies.
Each of the Company’s employees, agents and sub-contractors may rely on and enforce the exclusions and restrictions of liability in Conditions 8, 11, 14, 15, 16 and 17 in that person’s own name and for that person’s own benefit.
17. Intellectual property rights
The Supplies in this Catalogue may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to the Customer, except the right to use the Supplies or re-sell the Goods in the Customer’s ordinary course of business. The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising
In particular, without limiting the above, title in any software program forming all or any part of the Goods is reserved to the Company and/or its suppliers. The Customer is responsible for informing itself of the terms of its licence or use and paying any royalty payable.
The Company owns full copyright in respect of this Catalogue and its reproduction in whole or part is prohibited without the Company’s prior written consent.
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