TERMS & CONDITIONS
Terms and Conditions
www.monorailsandsatellites.com is a website operated by Monorails & Satellites Limited, under the company number registration 09291904. Our Registered address is 71 Ruskin Walk, Herne Hill, London, SE24 9NA.
By using the website, you are agreeing to the TOS, which we may update from time to time. You should check the TOS page to take notice of any changes made to the TOS. If you do not agree to any changes made 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.
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Site. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
To use certain services available on the Site, you are required to register for an account. It is essential that all personal information supplied to us is accurate, true, current and complete in all respects. If your information changes, please notify us immediately at the following email address email@example.com.
Your account will be password protected and it is important to keep your password unique and secure. Please contact us immediately in the event of unauthorised use of your account, or a breach in security.
We reserve the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupt any of our services in any way.
Terms of Sale
All orders are subject to availability and confirmation of the order price and items placed in your basked are not reserved and maybe purchase by other customers.
By placing an order you undertake that all details you provide to Monorails & Satellites are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Goods.
The cost of foreign products and services may fluctuate based on current exchange rates and all prices advertised are subject to such changes.
We cannot guarantee that all items included on the Site are in stock at the time of your order. In the event that an item is not available, we will contact you on the email address that you have provided and we will agree whether or not to part ship an order. In the event that we cannot get hold of you, your order will be cancelled after 28 days and your full payment refunded.
All deliveries are dispatched using a courier service. We aim to dispatch all orders within 48 hours, however, dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which Monorails & Satellites will not be responsible.
In order to form a contract with Monorails & Satellites, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. If your order is accepted we will contact via email to acknowledge the details of your order. This is NOT an acceptance of the order. Acceptance of your order will occur when we contact you with dispatch details of your order. The sales contract is concluded in London, England and therefore the contract language is English.
Acceptance of your Order
Whilst we try and ensure that all details, descriptions and prices that appear on the Site are accurate, errors may occur. If we discover an error in the price of any Goods and/or Services which you have ordered, we will inform you of this as soon as possible and give you the option of either re-confirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the Goods, you will receive a full refund.
Where applicable, prices are inclusive of VAT. All prices are based on GBP Sterling (£). Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
The Site and/or Services and/or Goods may contain errors. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill or satisfy any orders that you may place based on information in the Services that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, deliveries, payment terms, or return policies.
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the Monorails & Satellites store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
We accept Visa and MasterCard cards and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to Monorails & Satellites. Payment will be debited and cleared from your account upon dispatch of your order by Monorails & Satellites. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Monorails & Satellites, we will not be liable for any delay or non-delivery.
Furthermore, we take 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 Site.
On making the offer to purchase merchandise, you expressly authorise Us to carry out any standard pre-authorisation checks or credit checks when we deem in necessary on your payment card to ensure there are sufficient funds to fulfil the transaction and to authenticate your identity. Goods will not be dispatched until we accept and confirm the order. Your card will be debited once the order has been accepted. Any cards that returned unauthorised will result in a failure to create a contract between you and Monorails & Satellites and the order will not be completed.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
Gift Cards and Discount CodesWe may from time to time offer promotional discount codes, which may apply in respect of any, or certain specified, purchases made though the website. The conditions of use relating to any discount code and/or any other promotion will be specified at the time of issue. Promotional codes are non transferable and there is no cash alternative. They must be redeemed by the published date. Promotional codes are not valid in conjunction with any other promotional codes or discounts.
This Site is for personal, non-commercial use only and use of the Site must not further any commercial activity, including any advertising or advertising revenue generation purposes on your own site. You may not modify, transmit, copy, distribute, reproduce, publish, license, commercially exploit, transfer, or create derivative works from, or sell any content, software, products or services found on this Site.
You must not misuse the Site and you agree that you are personally responsible for your use, communication and activity on the Site. If we discover that you have engaged in prohibited activities, have violated the TOS or been disrespectful of other users then we reserve the right to deny you access to the Site on a permanent or temporary basis.
You will not do the following (this is list is not intended to be exhaustive): commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services, Website, or servers in the control of Monorails & Satellites; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
Third Party Sites
Optional ToolsWe may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
By using the Site and/or the Services and/or by buying Goods through the Site, you consent to the processing described therein and warrant that all data provided by you is accurate.
The intellectual property rights in all software and content made available to you on or through the Site remains the property of Monorails & Satellites or its licensors and are protected by copyright laws and treaties around the world. Monorails & Satellites and its licensors reserve all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Site, nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Us or our licensors.
“Monorails & Satellites” is a trademark belonging to Monorails & Satellites. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are similar without the written permission of Monorails & Satellites.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between you and Monorails & Satellites for the purchase of the Goods and/or Services will not be formed until your payment has been approved by Us and We have debited your credit or debit card.
Disclaimer of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Monorails & Satellites, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Monorails & Satellites and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute Goods and Services, arising out of or related to the use, inability to use, performance or failures of the Site or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
This does not affect Monorails & Satellites's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Changes to Terms of Service (TOS)
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Linking to the WebsiteYou may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with Monorails & Satellites and you should not rely on the existence of such a connection or affiliation.
Any trademarks/names featured on the Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Monorails & Satellites.
You agree to indemnify, defend and hold harmless Monorails & Satellites, its directors, officers, employees, consultants, agents and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use the Website or your breach of the TOS.
If any part of the TOS is deemed to be unenforceable (including any provision in which Monorails & Satellites exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected, all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which We will use to try to resolve disputes when they first arise: please let Us know if you have any complaints or comments.
If you breach these conditions and We take no action, We will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
The TOS are to be construed in accordance with the laws of England and Wales and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If you have any questions about the Terms of Service, please send them to us at firstname.lastname@example.org.