Terms & Conditions
This website www.the48ers.com (the “Website”) is operated by the company under the trade name "C.I. Scale Model Hobbies Ltd», with registered seat in Cyprus (hereinafter called «the Company»).
The Terms and Conditions set forth below shall apply to all use of the "Website" and purchase of products through the Website.
Before entering and browsing the website, please consult the following terms, which are the general conditions of sale governing the distance selling of products on the date the order was placed through the Website, (hereinafter abbreviated as the "E-Shop").
By accessing, browsing, registration, and / or use of the website www.the48ers.com for information and / or purchase of products available through the E-Shop you acknowledge that you understand these Terms and agree to abide by them without reservation.
The Company reserves the right to modify and update these terms at any time it deems necessary, unilaterally and without notice by updating the present text with the insertion of any change or addition. The use of the Website after such change or modification is deemed to constitute acceptance by the guest/user of such changes, modifications, additions or deletions.
1. Users' registration
1.1. Registration on the website www.the48ers.com is permitted only to those who: (a) have full legal capacity (at least 18 years of age), b) have a mailing address in Cyprus or abroad, c) have an e-mail (e-mail).
1.2. Each user hereby declares and guarantees that: (a) at the time of registration on the website www.the48ers.com provides complete, accurate and truthful information about itself and its electronic and telephone contact details, and (b) has the necessary legal requirements for the registration and use of the E-Shop.
1.3. Registration to the Website is performed through the completion of the special online form available on the Website that requires completion of mandatory fields without the completion of which the registration process will not be completed. Among other information, the user is required to set its access data consisting of an email account and a password. The User should keep its password secret at all times and therefore is solely responsible for all activity, liability, claim, cost and / or expense related to any use, illegal or unenforceable of its access data.
1.4. To purchase a product, it is not necessary to register as a member of the E-Shop. However, users registration on the website www.the48ers.com enables them to create one (1) personal account that they will have exclusive access so as to be able to make quick and easy purchases at a later time without being necessary to enter certain data each time it wishes to make a purchase, as well as to make use of specific applications which are only available to registered users of the e-shop.
1.5. Users data and details of their transactions with the E-Shop are treated as confidential information. By providing their data in the context of transactions with the Company Users agree and accept the forthcoming processing of the above for the needs of the specific transaction, as well as the disclosure of such information to employees of the Company for this purpose.
2. Products’ description
2.1. The Company derives information on the technical characteristics of each product from the manufacturer directly, via it’s web pages or/and its packaging (where possible).
2.2. The Company makes its best efforts to accurately describe the products. However, the Company cannot guarantee the absolute accuracy of this description and assumes no responsibility for any inaccuracies in the information provided by the manufacturers of those products or for any errors that may have crept while posting such information on the Website.
2.3. The User is solely responsible for the review of the information, information on the suitability of products as well as safety instructions ordered through the E-Shop. The Company assumes no responsibility for any incompatibility of ordered products with other products of the user or potential health problems having made use of the acquired products.
3. Order Procedure
3.1. Completion Form / Order Placement: Users select from the list or after searching the Website specific products / product codes and place them in the Shopping Cart (cart). Following, users choose from the cart those products that they eventually wish to order and fill in the information asked during the Check Out process. Then, by clicking onto the “Place Order” button their final order is submitted. At each step of the above there is the option "Back" (using the browser’s navigation buttons) so as to correct errors before placing the order. All orders are archived electronically and users (the "Customers") are able to have access to their content, if they wish to.
3.2. Order Confirmation: The Order is considered to be received by the Company from the time that the Customer receives a status update via email, which will set out the key elements (order number), the ordered products, the billing and shipping address, payment method, the shipping method etc.
3.3. Order Processing: The Company shall process all orders received. During such processing the availability of stock for the products ordered will be confirmed. Processing of orders will be performed from Monday to Friday from 07:00 am to 15:00 GMT, while the processing of orders submitted on Saturday, Sundays and local (Cypriot) holidays shall be made on the next working business day.
If the goods ordered are not available at the time of the order and its processing, the Company reserves the right not to accept such an order and therefore the sales contract will not be concluded. The Customer will be informed without undue delay. Payments prepared to be executed or already executed will be cancelled. Any payments will be returned to the user without undue delay, by the same means he chose to perform the payment unless otherwise agreed with the Customer. The Company reserves the right to cancel the order, and not to proceed with its execution, in the event that the Customer is found to have declared false or incorrect information on the Order Form.
3.4. Order Confirmation: After placing the order the Customer will receive a confirmation of its order receipt, which is sent automatically under the title "Confirmation of Order Receipt", certifying that the Customer’s order has been received by the Company. However, this does not constitute acceptance of the Customer’s proposal for the purchase of the product. The acceptance of the proposal will be performed only following the declaration of acceptance by the Company, which will be sent by separate email under the title "Shipment #XYZ for Order #ABC" that will also confirm the product’s shipping to the stated address.
3.5. Order Cancellation: The Customer has the right to cancel the order at any stage before receiving the email with its "Shipment # 100001818 for Order # 100002033” by emailing [email protected].
4. Product’s availability
4.1. Products are readily available: The availability of each product is displayed in a prominent place in the E-Shop. The Company makes its best efforts to ensure that all products displayed at the E-Shop are also available in its warehouse, however there is a chance that some of them have run out / are temporarily unavailable or the manufacturer / supplier to have ceased indefinitely their manufacture and disposal. If the product selected by the Customer is not available, the Company will inform him about the estimated availability and delivery date on the day following the day of receipt of his order and will be required to contact the Company for amending the order as appropriate.
4.2. Products available "on demand": For these products the Customer will be informed within 2 working days if and when it will be available and therefore, at what time the delivery will be made.
4.3. Multiple products in one order: When a sole order includes more than ore product, the order is executed when all products included in the order are available so as to avoid additional cost of transport. If for any reason the Customer wishes to receive only the products which are readily available, an e-mail should be sent at [email protected] clearly stating the order number or place a separate order for the unavailable products.
4.4. "Pre-Order" products. From time to time the Company will set products on Pre-Order status that will be available for purchase. These products are not readily available but will become available is due course. Orders that include product that were marked as "Pre-Order" items when purchased will be shipped as soon as all products in the order will become available to avoid excess shipping fees.
5. Product’s prices
5.1. Before proceeding to the Checkout process the Customer should take into account the following:
The prices of the products posted on the E-Shop show the legal VAT, but not the delivery charges, which are calculated in accordance with the clause 6.2. below. For the time being, Customers with a shipping address that requires a VAT charge, are charged at the VAT rate that applies in Cyprus (19%).
5.2 The prices of the E-Shop may change at any time without notice.
5.3 The Company is not liable for any technical, typographical or spelling errors in prices or pictures on the product characteristics.
5.4. The Company makes its best effort to ensure that prices shown on the E-Shop are correct. However, in the event of a dispute between the price that appears next to the product and the price of the same product on the Order Form, the price indicated in the Order Form will only be accepted as the price of the product.
5.5. In the context of good faith and for the customer's protection, if a customer finds that a product is offered at an unusually low or high price compared to its market value, we would like to kindly ask to contact the Customer Service Department at [email protected] before ordering the product.
5.6. The products of the category «On Sale» will be available while their supplies last.
5.7. For the purchase of the products of the website the following means of payment are available:
- PayPal (Please note that from July 1, 2020 and for a few weeks, PayPal will not be available as a brand new website is being built)
- JCC Payments (for Credit / Debit cards use)
- Bank deposit
- Cash at local pick-up
6.1. Place of delivery: Products will be delivered to the address that the Customer has appointed during the placement of his / her order, with the exception of cases that the Customer has chosen to receive the product from the physical store. There may be specific countries to which we will not be able to ship.
6.2. Shipping Costs: The Company cooperates with a courier service provider (Cyprus Post), in order to ensure safe and fast shipment of the products ordered. Shipping costs are calculated according to the estimated weight (according to the rule of weight set by the courier service provider and place of delivery). Shipping costs are borne by the Customer, who will be informed of the exact cost of each shipment before placing his / her order. For more information about shipping details, please visit the Shipment Information - Q&A page.
6.3. Timing of delivery: The Company undertakes the obligation to its best effort to ship the products to the Customers within the time limits included in the Order Verification, however in case of delay the Company assumes no responsibility, especially in cases of late delivery of goods from the shipping company. The Customer expressly agrees and acknowledges that late delivery does not constitute a reason to refuse the receipt of the Products and pay the outstanding amount (if any) to the Company in relation to the relevant order. Also, the Company is not responsible for the delivery time of products in cases of strikes, extreme weather conditions, strikes, as well as their delivery to ‘hard to reach areas’, as defined by the courier that the E-Shop cooperates with.
7. Right of withdrawal
7.1. Each Customer has the right to withdraw without reason from the distance contract concluded with the Company exclusively within fourteen (14) calendar days from the date of the product’s delivery by returning it at its original state with the submission of a Statement of Withdrawal.
7.2. The Statement of Withdrawal should be sent in writing with a registered letter to the Company, based in 9, Kassianis str., 3067, Lemesos, Cyprus or via email to the email address: [email protected].
7.3. The Customer should be aware that upon exercise of its right of withdrawal the Company will send a Confirmation of Acceptance of the Statement of Withdrawal. If such Confirmation is not received by the Customer within a reasonable time from the day that the Declaration of Withdrawal was sent, the Customer should contact the Company again.
7.4. The Customer will have to ensure that the Product is presented at the Company’s physical store to establish its nature, characteristics and functioning in order to decide whether it will proceed with the acceptance of the Product return or not (the "Usual Examination").
7.5. In case of a valid exercise of the right of withdrawal:
a. The Customer must return the product to the Company without delay and in any event within 14 working days from the date of withdrawal, accompanied by the receipt or purchase invoice.
b. following the Product’s return, the Company will reimburse the Customer with the money paid for its purchase (e.g. price for the purchase of the product) following deduction of:
(i) the costs of the Product’s return by the Customer to the Company,
(ii) any deduction of the Product’ value, if and to the extent that this is due to its management beyond Usual Examination, as defined in Article 7.4 below.
c. if the Product is returned to the Company by a courier chosen by the Customer and not the courier service provider chosen by the Company, the return is at the risk of the Customer. In any case the Customer is obliged to provide proof of shipment, typically in a form of a tracking ID.
7.6. The right of withdrawal does not apply and no refunds will be accepted for:
a. if the original wrapper / packaging is missing, if the wrapper is opened, torn, marked, etc.
b. products at a discount and / or offer refund or exchange for which other products will not be accepted unless there is a defect,
c. products that show signs of use,
d. products manufactured according to the specifications designated by the Customer or according to its personal requirements and personal customizations or products that due to the nature cannot be returned,
7.7. In case of a valid exercise of the right of withdrawal, the Company will fulfill its obligation to refund to the Customer without undue delay, within 14 calendar days after the return of the Product with the payment means by which the payment was carried out by the Customer, unless otherwise agreed. It is expressly agreed that by accepting the present Terms & Conditions the Customer provides an irrevocable mandate and consent to the Company to withhold from the amount reimbursed any return costs, borne by the Customer and any compensation in case of destruction, damage or failure of the product or impairment due to actions of the Customer. In any case the Company is entitled to claim by any legal means for compensation for any damage (indicatively either in terms of cost reimbursement or destruction, damage or injury, impairment of the product etc.).
8. Warranty / Defective products
8.1. Please pay special attention to the conditions provided by the supplier’s warranty (if any) as well as to the other accompanying documents and information (if any) included in the products upon responsibility of the Supplier and in particular those which relate to information on the safe use of the products.
It is important to bring to your attention that the supplier must provide the consumer in writing, in one of the official languages of Cyprus or symbols internationally established, clear and complete instructions for the safe use, and full use of the product and information on the risks associated with its use.
For further information regarding defective, damaged or missing items please refer to the Delivery Queries section.
9. Product’s evaluation
9.1. The Company enables users to review products showcased at the E-Shop. The ratings for each product can summarize the user experience with this product and any comments or judgments about the product. The content of the assessment should be personal, original creation of each user, without infringing copyright or other rights of third parties.
9.2. The product review must not include:
- Publication of hyperlinks ('hyperlink') which directly or indirectly directs users to another shop / page manufacturer
- Publication of information on commercial advertising or promotion of any third party other than legitimate promotional activities on organizing and supervising the Company, as administrator of the website www.the48ers.com.
- Reference to another user or product review from another user.
9.3. The Company reserves the right, in its absolute discretion, to select how the evaluations of products are presented (partially or completely), or delete reviews, or delete part of the text, informing the author of any changes where it is deemed necessary.
10. Limitation of liability
10.1. The Company in relation to its transactions through the E-Shop is not responsible for any damages that may result from the execution or lack of execution of orders or their delayed execution for any reason.
10.2. The Company provides no guarantee for the availability of the products when these are ordered, but it undertakes the obligation to inform Customers about their unavailability at the time of order.
10.3. The Company provides the content (e.g. information, names, images), the products offered through the website "as is". Under no circumstances shall the Company be liable civilly or criminally for any damage that may be suffered by the user and / or Customer of the E-Shop or any other third party for a reason that has any connection with the operation and use of the Website and information and services in general, provided in relation to the products.
10.4. The Company assumes no responsibility for the incorrect use of the product by the Customer.
10.4. If the products are for professional use, the Company shall not be liable for any consequence arising from use of the products within the professional activities of Customer. The Company's liability is limited to the value of the products.
10.5. The Company makes is best efforts to ensure the E-Shop’s high level of security. However, the use of the E-Shop is the sole responsibility of the user / Customer and the Company is not responsible for any malicious third-party intervention.
10.6. Associated with these sites are not under the control of the Company and therefore the Company is not responsible for the contents of any associated web site or any link contained in an associated website. The Company provides these links only as a convenience, and the inclusion of any link does not imply acceptance by the Company of the relevant website or its content.
11. Intellectual property rights
11.1. The content of the website of the E-Shop (without limitation text, images, trademarks, photos, graphics) are the sole property of E-Shop and partners or third parties. Any copying, reproduction or re-transmission of the material without the written consent of the Company or its partners it is prohibited. The content of this website is protected by the Cypriot and international legislation for the protection of intellectual property rights and violators will be prosecuted legally.
11.2. The Company provides to the users / Customers a limited license to access and use the E-Shop for placing orders and communicate with the Company.
12. Applicable Law
Any dispute that may arise between the Company and its users and / or Customers of the E-Shop, which will involve the execution, application, interpretation, use, presentation, copy, or general relations of the parties created herein or on the occasion thereof, shall be settled by the Courts of Lemesos (Limassol) and Cypriot law shall apply.
13. Discounts and Offerings
13.1. 10% discount on first order. This is an offer during the first order placed by a new customer (that has created an account) and will last until this promotional offer remains in force or until otherwise decided by the Company. This offer is applied to products that are not already in any form of discount. Additional discounts as well as the use of discount coupons are not applicable. The discount is applied on the product(s) price excluding VAT as well as other charges (e.g. shipping fees, etc.).
13.2. Discount coupons. The discount code allows for discounts only for items that are not already discounted while the promotion is valid. Additionally, the use of reward points or any other discount offer cannot be used.
13.3. Complementary (free) shipping and Free upgrade to Registered. As of March 17, 2020, complimentary shipping is not any longer offered.
14. Other information
14.1 Unless otherwise noted, the timings are on GMT (Greenwich Mean Time)
For any information about these Terms & Conditions, please contact the Company at: +357 99 061705 or send an email to the email address: [email protected] or mail us at the48ers.com, 9, Kassianis str., Lemesos, 3067, Cyprus.
Last updated: January 29, 2021