Terms & Conditions

By using the website, you are deemed to have accepted these Terms and Conditions.

If you do not accept these Terms and Conditions of Use (including any subsequent amendments), you must immediately discontinue using this website.

Please read these Terms and Conditions of Use carefully.

They govern your use of the trainbuilder.com website and your purchase of products from this website.

Accuracy

The information contained in this web site could include technical inaccuracies or typographical errors. Changes are periodically made to this web site to keep the information provided as accurate and relevant as possible.

TrainBuilder will endeavour to maintain this web site and provide the most up to date information available.

However, TrainBuilder provides no warranty or guarantee as to the completeness or accuracy or suitability of any information contained in this web site. You should always verify the information provided before you act upon it by contacting TrainBuilder.

Statutory Conditions and Warranties

Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties.

For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947.

Our Liability

Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in TrainBuilder for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option of TrainBuilder, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).

We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

Privacy Policy

TrainBuilder accepts the legal requirements of Australia's Privacy Act 1988 and adopts the National Privacy Principles. Our Privacy Policy explains how we handle personal and sensitive information about our customers and those who visit the trainbuilder.com web site.

We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration We use the information gathered to enable your account and to enhance your online experience.

No information which TrainBuilder collects about any of its customers or web site visitors is passed to any third party with the exception of essential data for completing a financial transaction.

TrainBuilder will not sell its database of customer details or details about customers to a third party. Any and all the information collected on this website will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned. We respect the right of users to remain anonymous and will endeavour not to knowingly disclose user identities unless directed by a court of law.

TrainBuilder may release customer information when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of TrainBuilder, our users, or others.

All credit card payments are processed securely through the NAB Transact Payment Gateway. TrainBuilder does not store any credit card information.

If you require any further information about the Privacy Act 1988 and the National Privacy Principles, you can visit the Federal Privacy Commissioner's website at www.privacy.gov.au.

Cookies

Cookies are small data files that are downloaded onto your computer when you visit a website. TrainBuilder may use cookies on this website to assess the number of users visiting our website, to effectively process your orders and to record how you have used this website (for example, records regarding purchases). You will be able to access the information we collect in relation to your prior purchases. We will not provide the information we obtain via the use of cookies to any third party.

Reproduction of Website Content

All of the material on and in relation to the website is and remains the property of TrainBuilder at all times and may not be copied, imitated or emulated. No logo, graphic, sound or image from the TrainBuilder website may be copied or retransmitted unless expressly permitted by TrainBuilder.

Continuing Service

Any person whose details have been made known to TrainBuilder may receive communication from us regarding product updates or product releases or special offers. If we are advised that the person does not wish to receive such information, we will respect that wish unless the matter relates to product safety or legal requirement. Please keep us informed of changes in personal information if you would like to continue receiving this service.

Force Majeure

Except for the obligation to pay money, neither party will be liable for any failure or delay in its performance under these Terms and Conditions due to any cause beyond its reasonable control, including act of war, acts of God, earthquake, flood, embargo, riot, sabotage, labour shortage or dispute, governmental act or failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to correct promptly such failure or delay in performance.

General Terms & Conditions

This site is designed for use by Australian residents.

Your use of this site is governed by, construed and enforced in accordance with the laws of Victoria, Australia.

Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Victoria, Australia (including the Federal Court of Australia, Victoria Registry).

In these Terms and Conditions "TrainBuilder", "trainbuilder.com", "we" ,"us" and "our" mean Anuello Pty Ltd, ABN 35 020 865 922 of PO Box 525, Richmond 3121 Australia, and "you" , "your" and "purchaser" means you the customer (or any entity you represent).

If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and Conditions and the remaining provisions will continue in full force and effect. These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of our products. The Contract cannot be varied unless we agree to vary it in writing or by email.

You shall not assign any rights and obligations under these Terms and Conditions of Use whether in whole or in part without the prior written consent of TrainBuilder.

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

No TrainBuilder employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Linking to the Website without the prior written permission of TrainBuilder is prohibited. If you desire to link to our Website, you may send an email to info@trainbuilder.com requesting such permission. TrainBuilder may in its discretion deny or revoke any permission it may give to link to the Website at any time and without any notice or liability.

The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is prohibited.

TrainBuilder reserves the right to change these Terms and Conditions of Use at any time.

Whether or not you have viewed the Terms and Conditions of Use of this website, or the privacy policy, and whether or not you have chosen to not receive notices from us, these Terms and Conditions will still govern your use of trainbuilder.com.

We may update or change our Terms and Conditions of Use and this privacy notice at any time and from time to time, as we determine is appropriate. It is your responsibility to review them

TrainBuilder Terms & Conditions Outlining Online Purchasing on This Website

Who We Are

We are importers of fine brass scale models. We specialise in HO-scale steam locomotives, diesels, rolling stock and railway structures.

Reaching Us

Telephone: 0408 99 40 80
Email: info@trainbuilder.com
Post: P.O. Box 525 Richmond VIC., 3121

Products

TrainBuilder brass models products may contain small parts and are not suitable for children under 14 years of age.

Projects

TrainBuilder will be planning projects based on the level of customer interest. When a project is announced we will list the model prototype, paint schemes and road numbers etc. that we plan to offer together with our price.

TrainBuilder reserves the right to change details and prices at any time.

Projects listed on our website with TBA (To Be Announced) are models for which we may not yet be able to estimate a price or delivery time.

To keep up-to-date, check our website regularly or e-mail us on info@trainbuilder.com

Sales

Our production quantities are limited and are set well in advance of the model delivery.

Therefore, the best way to own the model you want is to keep up to date with our latest project announcements, and promptly place your order via our website.

Retailers

TrainBuilder does not have a showroom that is open to the public.

We may from time to time offer some models through selected retailers.

Legal Capacity to Transact

If you are under the age eighteen (18) years you cannot place orders with TrainBuilder.

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.

Should TrainBuilder suffer any damage or other losses as a result of a transaction entered into by a minor, TrainBuilder reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with TrainBuilder.

Ordering

You may place an order by completing the "Order Form" on the TrainBuilder Web Site and clicking the "Submit My Order" button.

Alternatively, you may post us a printed order with the required information including your preferred payment method.

By placing an Order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions.

Information contained on the TrainBuilder website constitutes an invitation to treat.

No information on our website constitutes or should be deemed as an offer by us to supply any of our products, however TrainBuilder will make every effort to supply our products to you.

Order processing will not begin until we receive all the information we need including the purchaser’s name, delivery address, contact details and payment method.

We will deliver a printed Tax Invoice with your purchase. The printed invoice is your proof of purchase.

TrainBuilder reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

For Overseas Orders please contact us at info@trainbuilder.com

Prices

All prices indicated on this website are quoted in Australian Dollars and include G.S.T. The price of products shown excludes shipping and insurance costs.

We reserve the right to change prices and specifications for our products at any time.

Non-Australian customers are exempt from G.S.T. but should be aware that they may be required to pay taxes and/or customs duties on imported goods in their own country. Such foreign taxes and duties are not included in TrainBuilder prices indicated on this website. Customers are advised to check with the relevant authorities in their own countries to determine likely costs.

Payment Methods and Processing

TrainBuilder currently accepts Visa and MasterCard through the NAB Transact Payment Gateway, and direct deposit.

Payment processing will not begin until we receive all the information we need.

You may be required to provide further information for additional security reference checks.

Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. (Business days are Monday through Friday, excluding Victorian Public holidays)

Please Note: We are unable to accept credit cards issued by banks outside of Australia.

Delivery Policy

When ordering please provide your correct name, delivery address, contact details and payment method. This allows us to process your order successfully.

If you enter the wrong delivery address, we are not obliged to resend the order to the correct address at our expense.

All orders will only be sent via Australia Post eParcel registered insured mail and must be signed for upon receipt by the consignee. If an order is lost or damaged in transit, any item will be replaced at our discretion.

We will endeavour to deliver the Product to the customer within 10 business days (Monday through Friday) excluding Public Holidays from the date your final payment is received.

Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

Title and risk of loss to all Products will pass to you upon despatch.

Accuracy of Information You Provide to TrainBuilder

All information you provide to TrainBuilder through this Website, including registration information, payment information, and transaction-related information, must be true, accurate and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you,TrainBuilder or any other person may incur as a result of you providing any false, incorrect or incomplete information, or if you fail to update your registration information and payment information within 30 days of any change.

Refund Policy

Cancelled Order Refunds

An order you have placed with us may only be cancelled before it has been despatched by TrainBuilder. Any refund for a cancelled order may be reduced by a cancellation fee based on the cost of any required financial transactions and/or packing time and materials. Refunds will be made only in the manner in which payment was received from the customer or at the discretion of TrainBuilder. The amount of a refund will be calculated in Australian Dollars.

Dead on Arrival Products - "DOA"

A TrainBuilder Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging.

If your item arrives and is discovered to be broken when first taken from its packaging or you find a defect which arises after delivery, a valid claim must be made to Customer Service within fourteen (14) days of receipt.

Should you contact us outside the 14 day period, Customer Service will consider each claim on a case by case basis on its merits.

DOA Products must be returned whenever we agree to replace the Product or provide you with a refund. Refunds will only be offered where a replacement Product cannot be provided.

A TrainBuilder Customer Service member will provisionally determine whether the Product is DOA.

TrainBuilder may request images of the fault to be sent electronically.

Where a Product is provisionally determined as DOA, Customer Service will email you a PDF docket containing a Return Authorisation Number (RAN) which you must affix to the returned product.

Products cannot be returned without a RAN.

The product should be returned within seven (7) calendar days of the issuance of the RAN, via any Australia Post Office.

All Products must be packed in the original unmarked packaging including any accessories, manuals, documentation and registration that was shipped with the Product.

Return shipping will be arranged at the expense of TrainBuilder, however you will be obliged to pay for the return of the Product if it is not sent within 7 calendar days of the issuance of the RAN.

All Products must be returned to us at P.O. Box 525, Richmond, Victoria 3121.

TrainBuilder reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the purchaser, TrainBuilder will impose a $55 handling and administration fee.

If the Product is deemed by Customer Services NOT to be DOA, TrainBuilder may at its absolute discretion refuse to replace the Product or offer you a refund for the Product.

Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective Product to us in the original packaging with all accessories, manuals and documents. No refund or replacement will be given to you until TrainBuilder has received the original Product from you.

When a Replacement Product is arranged

A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned DOA Product.

The delivery time for the replacement Product will be the same as stated for the original DOA Product.

Replacement Products are provided with the same Limited Warranty as the DOA Product.

When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property.

When a Refund is arranged

Refunds include all shipping and associated costs for the DOA Product.

No refund will be given to you until TrainBuilder has received the DOA Product from you.

By agreement with the customer, a refund may be used as credit towards a subsequent purchase from TrainBuilder.

Refunds will be made only in the manner in which payment was received from the customer or at the discretion of TrainBuilder. The amount of a refund will be calculated in Australian Dollars.

Your Rights To Return A Product

No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.

TrainBuilder will not provide a refund or replace a product that has been misused, mishandled or incorrectly installed or serviced.

Repairs Policy

We offer a limited repair service at our office.

Please contact us by email or phone to discuss the repair.

We will first attempt to rectify your problem over the phone or by email, but if this is not possible we will authorize the return of your model.

A Return Authorisation Number (RAN) is required for all repairs.

By using the website, you are deemed to have accepted these Terms and Conditions.

If you do not accept these Terms and Conditions of Use (including any subsequent amendments), you must immediately discontinue using this website.

Please read these Terms and Conditions of Use carefully, as they govern your use of the trainbuilder.com website and your purchase of products from this website.