Please read the TOS carefully before placing any order or utilising any service. By using Our Site You indicate that You accept the TOS. Please do not use Our Site if You do not agree to the TOS.
1.1 We may modify the TOS from time to time. Your continued use of Our Site following such change shall be deemed to be Your acceptance of such change. If You do not agree to any change to the TOS then You must immediately stop using the Site. Any changes made after You have placed an order will not affect that order unless We are required to make the change by law.
2. ELIGIBILITY TO PURCHASE
2.1. In order to make purchases, You will be requested to provide Your personal details. In particular, You must provide Your real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items or purchasing a service, You will be required to provide payment details and You represent and warrant that the payment details You provide on ordering are both valid and correct and You confirm that You are the person referred to in the billing information provided. You must notify Peppercorn Toys immediately of any changes to Your personal information by e-mailing or telephoning:-
By Phone: +44 (0) 7795 027117 Monday to Friday from 10.00am to 4.00pm (GMT)
By E-mail: [email protected]
2.2 The Site is available to You only if you meet the following Peppercorn Toys terms of eligibility; (i) if You have been issued a valid credit card by a bank acceptable to Peppercorn Toys and (ii) if Your applications are acceptable to Us and if You have authorised Peppercorn Toys to process a charge or charges on Your credit card in the amount of the total purchase price for the products and/or services which You purchase. Peppercorn Toys reserves the right to restrict multiple quantities of a product and/or service being shipped to You to one postal address. When You are purchasing a service or ordering a product from Our Site, You warrant that the products and/or services purchased are for domestic use only and not for re-sale.
You agree to fully indemnify, defend and hold Us, our emplyees, agents and suppliers, harmless immediately on demand, from and against all liability, claims, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the TOS by You or any other liabilities arising out of Your use of this Site, or the use by any other person accessing the Site with Your personal information.
All orders are subject to acceptance by Pepeprcorn Toys and availability. The components of Our Hornby Train Collections are sourced individually and we cannot always predict when a complete Hornby Train Collection will become available. In these circumstances we will operate a pre-order book on a strictly 'first-come-first-served' basis, with no guarantee that a pre-order can eventually be fulfilled.
You can order or pre-order:-
By Phone: +44 (0) 7795 027117 Monday to Friday from 10.00am to 4.00pm (GMT)
5.1 Prices are indicated in Pounds Sterling (unless stated otherwise) including VAT and delivery charges to UK mainland, unless expressly stated otherwise.
5.2 The Value Added Tax is the tax applicable on UK territory.
5.3 If you would like to claim back VAT you will need to tell us in advance of placing your order.
5.4 The prices charged are those displayed on the Site at the time of ordering. If 'POA' is displayed please telephone for the current prices.
5.5 Peppercorn Toys makes every effort to ensure that the information provided on this Site is accurate and current; however this Site and its contents are provided on an "as is" basis and Peppercorn Toys makes no (and expressly disclaim all) representations or warranties of any kind with respect to this Site and its contents. Peppercorn Toys reserves the right to change price and availability information without notice.
6. OUR PRODUCTS
6.1 When making Your order You shall be informed as to the availability of the product You wish to select.
6.2 For any queries regarding a product's unavailability, and for pre-ordering You may contact Us by phoning +44 (0) 7795 027117
6.3 In the exceptional event of the product being unavailable after confirmation of the order, You shall be informed of the fact by email, no later than five (5) working days after confirmation of the order.
6.4 The photographs illustrating the products presented reproduce them as faithfully as reasonably possible, but are of no contractual value. You are advised to view the description of each product to satisfy Yourself as to its basic characteristics. Please note that our Hornby Train Collections are composed of used and pre-owned items between 50 and 90 years old. They all show signs of wear, and some will be rusty, dented and scratched. They are selected to be functional to the original design intent, but due to their age it is considered reasonable that no warranty can be given that they will remain functional beyond the returns period described below. Each photograph will represent a typical component but not the actual component you will received, which may be in better or worse condition. Please also note that all sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
6.5 Please note that all products remain the property of Peppercorn Toys until payment is received in full.
7. ACCEPTANCE OF YOUR ORDER - TELEPHONE ORDERS
7.1 Once You have made Your choice and Your order has been placed, You will receive an email acknowledging the details of Your order. This email is NOT an acceptance of Your order, just a confirmation that We have received it.
7.2 Unless You cancel Your order, acceptance of Your order and completion of the contract between You and Peppercorn Toys will be completed when We email You to confirm the products have been dispatched. The sale contract is therefore concluded in York, England and the language of the contract is English.
7.3 We reserve the right not to accept Your order in the event, for example, that We are unable to obtain authorisation for payment, that shipping restrictions apply to a particular product, that the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that You do not meet the eligibility criteria set out within the TOS.
8.1 Only payments made by bank card (VISA, VISA ELECTRON, MASTERCARD, AMERICAN EXPRESS, DELTA AND MAESTRO) are accepted. Please note a 3% administration charge is incurred on AMERICAN EXPRESS transactions. Credit cards are always debited in UK pounds sterling. If You are a customer whose credit card is not denominated in Sterling, the final price will be calculated in accordance with the applicable exchange rate on the day Your credit card company processes the transaction. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to authorise payment to Peppercorn Toys, We will not be liable for any delay or non-delivery.
8.2 Methods of payment such as bank transfers and cash on delivery are not accepted.
8.3 The amount of the payment due will be debited from your bank account or credit card at the date when the products are ordered. In the event of partial delivery, only the value of the products actually delivered will be debited.
8.4 The making of an order implies acceptance by You, thereby entailing formation of the contract and Your final acceptance of the prices and descriptions of the products available for sale, as well as acceptance of the TOS as a whole.
8.5 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 Our Site.
9. INSURANCE AND DELIVERY
9.1 Peppercorn Toys delivers anywhere in the world. Peppercorn Toys insures each purchase during the time it is in transit until it is delivered to Your specified delivery address up to the value of £5,000. We require a signature for any goods delivered, at which point responsibility for Your purchased goods passes to You. If You have specified a recipient who is not You for delivery purposes (for example as a gift) then You accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Peppercorn Toys and transfer of responsibility in the same way.
9.2 Orders are dispatched following the successful processing of Your bank and address details. This process which ensures Your safety and Ours against Credit Card fraud, can take up to 24hrs after You have placed Your order, but We will send You an email immediately notifying You that Your order has been shipped. For Your security first-time orders can only be shipped to the cardholder's billing address. As a returning customer Youcan have the Products delivered to a different address from Your own.
9.3 Peppercorn Toys will make its best efforts to ensure delivery of the order, enclosing the evidencing invoice, within an average of seven (7) working days within the UK and seven (28) working days worldwide and a maximum of thirty (60) working days from the day following the date of payment of the order.
9.4 Delivery will not be made in the event of transport strike and/or postal strike.
9.5 The products shall be deliverable only subject to availability.
9.6 Peppercorn Toys cannot be held responsible for delays caused by external circumstances.
10. SHIPPING FEES
10.1 Orders outside the European Union and Monaco will not be charged VAT (20%). They are subject to local taxes upon arrival except for Switzerland and Norway. You are responsible for any local taxes incurred. We recommend that You contact Your local customs authority to determine a landed cost price prior to purchase completion.
10.2 In case of incomplete delivery, shipping fees will only be charged on the first delivery.
10.3 Shipping Fees vary dependant on the size and weight of the product. Our shipping options are as follows:-
UK Courier (2-5 days)
European/Worldwide Courier (Up to 28 days)
10.4 The above transit days are estimates or guidelines, and We cannot be held responsible to delays due to weather, acts of God, acts of terrorism, etc.
11. RIGHT OF WITHDRAWAL
11.1 With respect to all distance selling transactions You shall have fourteen (14) days from the date of receipt within which to return the articles You have ordered, at Your own expense. The products must be returned in their original condition and packaging to the following address: Peppercorn Toys, Mulberry Barn, Kexby, York, YO41 5LE, UK.
11.2 If the above-stated conditions are fulfilled, Peppercorn Toys shall refund You for the total amount of Your order, within fifteen (15) days of Us receiving the products, except for the cost of returning the products, which shall be borne by You.
12. EXCHANGES AND REFUNDS
12.1 You shall have fourteen (14) days within which to return or exchange, at your own cost, any product ordered by distance selling methods including Peppercorn Toy's website if it fails to give You satisfaction. This time limit shall run from the date of receipt of the products. Beyond that time limit, We may at our option refuse to make the exchange or refund.
12.2 Please note that the Distance Selling Regulations do not apply to personalised/ bespoke items made to Your specification.
12.3 To request a Return please telephone Us at +44 (0) 7795 027117.
12.4 All products must be returned in their original condition and packaging, with the initial invoice enclosed, to the following address: Peppercorn Toys, Mulberry Barn, Kexby, York, YO41 5LE, UK
12.5 It shall be Your responsibility to retain all proof of return; this implies returning Your order by registered parcel or by any other means of ascertaining the date of the return dispatch.
12.6 Any products returned other than in their original condition and packaging, particularly where they are incomplete, or have been used or soiled by You, will not be taken back. In the event of abnormal or unreasonable returns, Peppercorn Toys may refuse to honour any future order.
12.7 If the above-stated conditions are fulfilled, We shall refund You for the total amount of Your order, within fifteen (15) days of Us receiving the Products, except for the cost of returning the Products, which shall be borne by You.
12.8 In the event of an exchange, we will not charge You for the cost it incurs in re-sending the product exchanged.
12.9 If your order has been sent to a destination within the EU, all VAT will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through Peppercorn Toys. However, You may be able to recover these by contacting your local customs bureau directly. Exchanges made to destinations outside of the EU will be submitted to the same customs procedures, therefore applicable for duty and tax again.
12.10 In the result of supplying us with the wrong address, you may be charged for re-delivery.
12.11 If you refuse to accept your shipment, you may be refunded on the item, but you will be charged for all shipping costs.
12.12 Upon delivery, before signing for your item(s), please check that it has arrived in perfect condition. If it has not, then please do not sign for it.
12.13 Please understand that we cannot accept a PO Box as a billing or delivery address.
13. LATE RETURNS
Please seek to return items within 14 days of the date of your return request. Returns outside these timeframes may be accepted at the discretion of Peppercorn Toys, and depending on the circumstances may only be refunded as a store credit.
14. YOUR RIGHTS
14.1 You have certain rights under the law. These include, in England:
14.1(a) That any products You order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
14.1(b) Certain remedies if a product is defective; and
14.1(c) A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
14.2 Nothing in the TOS is intended to affect these rights. For more information about Your rights contact Your local Citizens Advice Bureau or Trading Standards Bureau.
15. LIMITS ON OUR LIABILITY
15.1 Peppercorn Toys will take reasonable endeavours to verify the accuracy of any information on the Site but makes no representation or warranty of any kind.
15.2 Nothing in the TOS is intended to affect Your rights under the law (see paragraph 15: “Your Rights" above).
15.3 If Peppercorn Toys breaches the TOS We shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Us at the time of you placing your order, and Us dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.
15.4 We are not responsible for losses not caused by our breach or negligence, indirect, incidental, special or consequential losses or any direct loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such losses).
15.5 We are also not responsible for failure to meet any of Our obligations under the TOS where such failure is due to events which are beyond our reasonable control.
16. GOVERNING LAW
The TOS will be governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the English courts.
19. ENTIRE AGREEMENT
The TOS forms the entire basis of any agreement reached between You and Peppercorn Toys.