Terms and Conditions 2017-08-13T22:51:23+00:00

TERMS OF SALE

These terms and conditions of sale (“Terms of Sale”) regulate your purchase of the products (“Products”) Armortek Limited (“we”, “us”, “our”) promote and sell and the shipping of such Products to the countries we deliver to. When you make a purchase from us, we ask you to confirm your acceptance of these Terms of Sale and, if you do, a contract is formed between you and us, subject to these Terms of Sale. It is therefore important that you read these Terms of Sale carefully before placing an order for our Products (“Order”).

If you do not agree to the Terms of Sale, you must let us know immediately and we will cancel your Order.

About Us

Armortek Limited is a company registered in England and Wales under company number 06084164 and with our registered office at Chilworth Point, 1 Chilworth Rd, Southampton, Hampshire, SO16 7JQ, UK.  Our main trading address is Armortek Limited, Four Dells Farm, Poles Lane, Otterbourne, Winchester, Hampshire, SO21 2DY, UK.

We trade online through our website Armortek.co.uk (our “Site”).

We trade under two main trademarked brands – Armortek and Kompact Kits.

We sell a range of limited edition kits as well as generally available kits and option packs. Pre-order of a limited edition kit Product will require a deposit to be made – (see Limited Edition Products below). Orders for other Products will require full payment at the time of order.

Please note that we do not sell assembled kits via our website. If you wish to purchase an assembled kit, please contact us via email at sales@armortek.co.uk.

About you

By placing an order through our site, you warrant that:

  1. you are legally capable of entering into binding contracts;
  2. you are at least 18 years old;

Ordering our Products

You may place an Order for our Products via our Site, via email or over the telephone. By placing an Order, you are offering to buy our Product(s) and does not imply acceptance of the Order by us.

The contract between us (Contract) will only be formed when we dispatch your product.

The Contract will relate only to those Products we dispatch. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products.

While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if:

  1. you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;
  2. we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed;
  • the Products you ordered are unfortunately out of stock or no longer available;
  1. we have reasonable grounds to believe that you intend to resell the Products.
  2. In the case of where partial payment has been made for the Products and you have not been able to complete the payments in the time frame set forth either in section “Payment Information” below or through prior written agreement from us.

If we cannot accept your Order we will contact you by email as soon as possible. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.

Payment Information

You may pay for your Products by credit card, debit card, cheque or Bank Transfer. Payment must be made in British Pounds. You are liable for any bank fees or currency exchange fees related to foreign currency transactions.

Payment must be made in full 14 days prior to dispatch of Products.

Payment for Products must be made within 14 days of us requesting payment. After this time we reserve the right to cancel your order and refund any deposit you may have made up to that point less an administration charge.

Refunds will be made via the original method of payment. For example, if a credit card was used for the original payment then refund will be made back to that credit card.

Limited Edition Products

Limited Edition Products may be pre-ordered through payment of a deposit. The deposit amount will be stipulated on the Product page on our Site.

We will reserve one of the Limited Edition Products for you when we receive cleared payment.

The balance amount will need to be paid 14 days prior to shipment of the Products and within 14 days of us requesting payment.

In the event of you cancelling your pre-order or not making the remaining payment in the timescales stipulated above, we reserve the right to cancel your pre-order and return the deposit to you less an administrative charge of 100 British Pounds. You will be responsible for any bank fees or currency exchanges losses that may result from this transaction.

Refunds will be made via the original method of payment. For example, if a credit card was used for the original payment then refund will be made back to that credit card.

Shipment

With the exception of small spare parts orders, we use tracked delivery for the majority of our shipments. You will be able to track your shipment on the website of the 3rd party courier company.

If you order Products for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.

You are responsible for ensuring that you comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws.

If a package has been damaged in shipping and it is apparent when the package arrives at your door, please sign for the parcel as “goods received in damaged packaging, subject to further examination”. You must notify us IMMEDIATELY via email and include photographs of the damage. Be sure to save all paperwork and packing material with any damaged goods. The carrier may wish to inspect it before processing the claim. Please do not return damaged-in-shipment merchandise yourself. It could jeopardise your claim and keep you from receiving credit for the return.

If you believe a box has been lost in transit, please email us with your tracking number and a tracer will be initiated at that time.

Title and risk for the Products will transfer to you as soon as the Products have been delivered. If you delay accepting a delivery, our responsibility for everything other than damage due to our negligence will end on the date the carrier tried to deliver the goods to you.

Accuracy of data on our website

We do our best to ensure that the information about our Products is accurate and up-to-date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them.

We reserve the right to modify the information about Products displayed on our Site, including prices, description and availability.

Product images and packaging images may be computer generated are not necessarily representative of the finished kits. In addition, certain models photographed on this website are hand finished prototypes or may be finished models belonging to our customers. These are shown as examples of what can be done with our kits.

The weights, dimensions and capabilities given are approximate only.

Accuracy of our Products

Our scale model kits are based on research, measurements and photographs of actual vehicles. We endeavour to produce our kits as faithful representations of the original, including scale model armour. However, there may be engineering or other practical reasons why our designs may deviate from the real life vehicle.

Even though we are very confident in the quality of each kit and its performance, we must stress that some components may require moderate filing and fitting.

Consumer rights

Under the Consumer Contracts Regulations you have the legal right to cancel your order within 14 days of delivery of the Products.

If for any reason you are not entirely happy with your order we will refund the value of the Products supplied less the Postage and Packaging charges provided the following:

  1. You must inform us of your intention to cancel your order by telephone to our contact number provided on our Site within 14 days of delivery of the Product. We will provide you with written confirmation of your intention to cancel by email.
  2. The Products must be returned to us in perfect condition and in the original packaging to us. Mixing or consolidating components, joining, filing, painting and other similar actions constitutes used Products and cannot be returned. You must obtain a certificate of shipment as we cannot be held responsible for the non-delivery of Products to our address without it. We advise you to insure the shipment.
  3. Your payment will be refunded (less the Postage and Packaging costs) within 14 days of our receipt of the Products. Refunds will be made via the original method of payment. For example, if a credit card was used for the original payment then refund will be made back to that credit card.

Warranty

We warrant to you that any Product purchased from us will, on delivery and for the following twelve (12) months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied provided that said Product has been used in accordance with the manufacturers usage instructions.

Liability

You are reminded that our kits are made from metal and are of considerable weight. In addition, the kit components may have sharp corners that can cause damage and/or injury. You need to exercise extra care in handling the pre-built kits as well as the assembled models.

We cannot and will not accept responsibility for injury and/or crash damage or loss of kits, accessories, parts and materials that arises from the use of the models. You shall determine the suitability of the Product for your intended use and environment and shall assume all risk and liability.

If you substitute or replace hardware and/or components with after-market accessories, or make design or engineering changes to the kit, we cannot be held responsible for problems or equipment failure caused by incompatibility or modifications.

In any case we shall not be held liable other than to the extent permitted by law. You acknowledge You shall indemnify and hold us harmless for all losses including but not limited to direct, indirect and consequential loss.

We cannot be held responsible for delays or failure to perform our obligations under these Terms of Sale if such delay or failure is caused by any circumstances beyond our reasonable control, including, for example, natural disasters, war or civil disturbances, strikes, government intervention, failures of our supplier(s), failure by you to give us a correct information or to effect due payments. We will inform you of any such unforeseen events as soon as possible after they occur and we will do our best to reduce their impact on our performance as reasonably possible.

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.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud.

Our right to vary these terms of sale

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in  which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the dispatch confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) working days of receipt by you of the Products).

Law and jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the law of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the nonexclusive jurisdiction of the courts of England and Wales.

 

Updated: August 2017