Terms and conditions of use
Welcome to RailMags. RailMags provide their services to you subject to the following conditions. If you visit or shop at RailMags, you accept these conditions. Please read them carefully. In addition, when you use any current or future RailMags service or visit or purchase from any business affiliated with RailMags, whether or not included in the RailMags Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
We are committed to honouring privacy rights.
The following discloses our information gathering and dissemination practices.
Our site's registration forms require customers and prospective customers (together called 'customers') to give us contact information (like their name and email address). Periodically, we may use the information you have provided on the registration form to send you updates about our products and promotional material.
WE DO NOT SELL, TRADE, EXCHANGE OR OTHERWISE MAKE AVAILABLE ANY PERSONALLY IDENTIFIABLE INFORMATION TO ANY OTHER COMPANY OR ORGANISATION.
The customer information may also be used to contact the customer periodically about products or services which may be of interest, as well as for general information. In these mailings, we may also include offers from other parties, information about up-coming products, as well as marketing promotions we are currently running.
This site may contain links to other sites. We accept no responsibility for the privacy practices or the content of such Web sites.
When you visit RailMags or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of RailMags or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on this site is the exclusive property of RailMags and protected by United Kingdom and international copyright laws.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. RailMags and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam'. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. RailMags reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant RailMags and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant RailMags and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify RailMags or its affiliates for all claims resulting from content you supply. RailMags has the right but not the obligation to monitor and edit or remove any activity or content. RailMags takes no responsibility and assumes no liability for any content posted by you or any third party.
RailMags respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from RailMags are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RailMags attempts to be as accurate as possible. However, RailMags does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by RailMags itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY RailMags ON AN "AS IS" AND "AS AVAILABLE" BASIS. RailMags MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RailMags DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RailMags DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM RailMags ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RailMags WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting RailMags, you agree that the laws of the United Kingdom, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and RailMags.
Any dispute relating in any way to your visit to RailMags or to products you purchase through RailMags shall be submitted to confidential arbitration in Lincoln, England, except that, to the extent you have in any manner violated or threatened to violate RailMags' intellectual property rights, RailMags may seek injunctive or other appropriate relief in any county or crown court in the United Kingdom, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of Advisory, Conciliation and Arbitration Service (ACAS). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our shipping and refunds policy, posted on this site. These policies also govern your visit to RailMags. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS FOR ALL CORRESPONDENCE
83, Granson Way,
phone: (+44)(0)(1522) 826274 (24Hr Ans Phone)
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RailMags with written information specified below. Please note that this procedure is exclusively for notifying RailMags that your copyrighted material has been infringed.
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
Honesty is the best policy - when there is money in it. - Mark Twain.