Terms & Conditions
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.
Detailed Terms and Conditions for www.the48ers.com
1. Introduction and Definitions
1.1. This website, www.the48ers.com (hereinafter referred to as the "Website"), is operated by C.I. Scale Model Hobbies Ltd, a company registered in Cyprus (hereinafter referred to as the "Company").
1.2. These Terms and Conditions (hereinafter referred to as "T&C") govern all use of the Website and the purchase of products through it.
1.3. By accessing, browsing, registering, and/or using the Website, you acknowledge that you have read, understood, and agree to be bound by these T&C without reservation.
1.4. The Company reserves the right to modify and update these T&C at any time it deems necessary, unilaterally and without notice. Continued use of the Website after such changes constitutes acceptance of the modified T&C.
2. User Registration and Account Management
2.1. Eligibility for Registration: a) Registration on the Website is permitted only to individuals who: i) Have full legal capacity (at least 18 years of age) ii) Have a valid mailing address in Cyprus or abroad iii) Have a valid email address.
2.2. User Declarations and Guarantees: a) By registering, each user declares and guarantees that: i) All information provided during registration is complete, accurate, and truthful ii) Users have the necessary legal capacity for registration and use of the Website b) Users are responsible for maintaining the accuracy of their account information.
2.3. Registration Process: a) Registration is completed through the online form on the Website b) All mandatory fields must be filled for successful registration c) Users must set access data consisting of an email account and a password.
2.4. Account Security: a) Users are responsible for maintaining the confidentiality of their password b) Users are solely responsible for all activity, liability, claims, costs, and/or expenses related to any use of their access data.
2.5. Benefits of Registration: a) Registered users can create one (1) personal account for: i) Quick and easy future purchases without re-entering certain data ii) Access to specific applications available only to registered users.
2.6. Non-Registered Purchases: a) Registration is not mandatory to purchase products b) Non-registered users will need to enter all required information for each purchase.
3. Data Privacy and Confidentiality
3.1. Data Treatment: a) User data and transaction details are treated as confidential information b) By providing data, users consent to its processing for transaction purposes c) Users agree to the disclosure of such information to Company employees as necessary for transactions processing reasons.
3.2. Data Disclosure: a) The Company undertakes not to reveal personal details of users and their transactions unless: i) Users provide written authorization ii) Disclosure is required by a court decision or decision of another public authority.
3.3. Data Storage and Access: a) All documents and electronic data exchanged between parties will be kept by the Company b) Users can request access to their data c) For more details about data processing, refer to the Privacy Policy.
4. Product Information and Descriptions
4.1. Information Sources: a) The Company obtains product information from: i) Manufacturers directly ii) Manufacturer websites iii) Product packaging (where possible).
4.2. Accuracy of Information: a) The Company strives to describe products accurately b) The Company cannot guarantee absolute accuracy of descriptions c) The Company assumes no responsibility for: i) Inaccuracies in manufacturer-provided information ii) Errors that may occur while posting information on the Website.
4.3. User Responsibility: a) Users are solely responsible for: i) Reviewing product information ii) Assessing product suitability iii) Following safety instructions for ordered products.
4.4. Liability Disclaimer: a) The Company assumes no responsibility for: i) Incompatibility of ordered products with other user products ii) Potential health problems arising from the use of acquired products.
5. Order Procedure
5.1. Order Placement: a) Users select products and add them to the Shopping Cart b) Users choose products from the cart for final order c) Users fill in required information during the Check Out process d) Order is submitted by clicking the "Place Order" button e) Users can use the "Back" option to correct errors before placing the order.
5.2. Order Archiving: a) All orders are archived electronically b) Users can access their order content upon request.
5.3. Order Confirmation: a) Orders are considered received when the customer receives a status update via email b) The email will include key elements such as: i) Order number ii) Ordered products iii) Billing and shipping address iv) Payment method v) Shipping method.
5.4. Order Processing: a) Processing occurs Monday to Friday from 07:00 am to 15:00 GMT b) Orders submitted on Saturdays, Sundays, and Cypriot holidays are processed on the next business day c) The Company confirms stock availability during processing.
5.5. Order Acceptance: a) The Company reserves the right not to accept orders if: i) Ordered goods are unavailable ii) Customer is found to have declared false or incorrect information b) In case of non-acceptance: i) The sales contract will not be concluded ii) The customer will be informed without undue delay iii) Any prepared or executed payments will be cancelled and returned.
5.6. Order Confirmation Process: a) Customers receive an automatic "Confirmation of Order Receipt" email b) This does not constitute acceptance of the purchase proposal c) Acceptance is confirmed by a separate "Shipment #XYZ for Order #ABC" email d) The "Shipment" email confirms product shipping to the stated address.
5.7. Order Cancellation: a) Customers can cancel orders at any stage before receiving the "Shipment" email b) Cancellation requests should be sent to sales@the48ers.com.
6. Product Availability
6.1. In-Stock Products: a) Availability is displayed prominently in the E-Shop b) The Company strives to ensure all displayed products are in stock c) Some products may be temporarily unavailable or discontinued.
6.2. Unavailable Products: a) If a selected product is unavailable, the Company will: i) Inform the customer about estimated availability and delivery date ii) Require the customer to contact the Company for order amendment.
6.3. On-Demand Products: a) For these products, customers will be informed within 2 working days about: i) Product availability ii) Estimated delivery time.
6.4. Multiple Products in One Order: a) Orders with multiple products are executed when all items are available b) This approach avoids additional transport costs c) If a customer wishes to receive only available products: i) An email should be sent to sales@the48ers.com stating the order number ii) A separate order should be placed for unavailable products.
6.5. Pre-Order Products: a) Pre-Order products are available for purchase but not immediately available b) Orders including Pre-Order items will be shipped when all products become available.
7. Pricing and Payment
7.1. Price Display: a) Prices on the E-Shop include legal VAT b) Prices do not include delivery charges c) Delivery charges are calculated separately (see section 8.2).
7.2. VAT Charges: a) Customers with a shipping address requiring VAT are charged at a rate (normal or reduced) as this is defined by the authorities in the destination country.
7.3. Price Changes: a) E-Shop prices may change at any time without notice.
7.4. Pricing Errors: a) The Company is not liable for technical, typographical, or spelling errors in prices or product characteristics.
7.5. Price Disputes: a) In case of discrepancy between the product price and the Order Form price: i) The price indicated in the Order Form will be accepted.
7.6. Unusually Low or High Prices: a) If a customer notices an unusually low or high price: i) They should contact Customer Service at sales@the48ers.com before ordering.
7.7. Sale Products: a) Products in the "On Sale" category are available while supplies last.
7.8. Payment Methods: a) PayPal b) JCC Payments (for Credit / Debit cards use) c) Bank deposit d) Cash (for local pick-up only)
8. Shipping and Delivery
8.1. Delivery Location: a) Products are delivered to the address (Shipment Address) specified during order placement b) Exception: When customer chooses to receive the product from a physical store c) The Company may not be able to ship to certain countries.
8.2. Shipping Costs: a) The Company uses courier service providers (Cyprus Post and others) b) Shipping costs are calculated based on: i) Estimated weight or volume or combination of both (as per courier service provider rules) ii) Place of delivery c) Shipping costs are borne by the customer d) Customers are informed of exact shipping costs before placing orders. For more information about shipping details, please visit the Placing an Order page.
8.3. Delivery Timeframes: a) The Company strives to ship products within the timeframes stated in the Order Verification b) The Company is not responsible for delivery delays, especially those caused by: i) Late delivery from the shipping company ii) Strikes iii) Extreme weather conditions iv) Delivery to 'hard to reach areas' as defined by the courier.
8.4. Customer Acknowledgment: a) Customers expressly agree that late delivery does not constitute a reason to: i) Refuse receipt of products ii) Refuse payment of outstanding amounts related to the order.
8.5. VAT and Other Taxes: a) For orders where the Company does not charge VAT: i) The customer is solely responsible for paying any VAT or other relevant taxes upon delivery in the destination country b) The Company does not act as the importer and has no obligation to: i) Clear customs ii) Pay fees imposed by the destination country's authorities.
9. Right of Withdrawal
9.1. Withdrawal Period: a) Customers have the right to withdraw from the contract without reason b) Withdrawal period: Fourteen (14) calendar days from the date of product delivery.
9.2. Withdrawal Process: a) Customer must return the product in its original state b) Customer must submit a Statement of Withdrawal.
9.3. Statement of Withdrawal: a) Must be sent in writing: i) Via registered letter to: 9, Kassianis str., 3067, Lemesos, Cyprus ii) Or via email to: sales@the48ers.com.
9.4. Withdrawal Confirmation: a) The Company will send a Confirmation of Acceptance of the Statement of Withdrawal b) If not received within a reasonable time, the customer should contact the Company.
9.5. Product Examination: a) The product must be presented at the Company's physical store b) The Company will examine the product to determine its condition.
9.6. Valid Withdrawal Process: a) Customer must return the product within 14 working days from the date of withdrawal b) Product must be accompanied by the receipt or purchase invoice c) The Company will reimburse the purchase price minus: i) Any value reduction due to handling beyond usual examination ii) Any transaction fees charged by payment processors.
9.7. Return Shipping: a) The customer is responsible to ship back to the seller the product that wishes to be returned. b) The customer must provide proof of shipment (e.g., tracking ID).
9.8. Withdrawal Exceptions: No refunds will be accepted for: a) Products with missing, opened, torn, or marked original packaging b) Discounted products (unless defective) c) Products showing signs of use d) Custom-made or personalized products e) Products that cannot be returned due to their nature.
9.9. Refund Process: a) Valid withdrawals will be refunded within 14 calendar days after product return b) Refund will be made using the original payment method, unless otherwise agreed c) The Company may withhold from the refund: i) Return costs ii) Compensation for product destruction, damage, or impairment due to customer actions
9.10. Company's Right to Compensation: a) The Company reserves the right to claim compensation for any damage through legal means.
10. Warranty and Defective Products
10.1. Supplier's Warranty: a) Customers should pay special attention to: i) Warranty conditions provided by the supplier (if any) ii) Accompanying documents and information included with products.
10.2. Product Information and User Responsibility: a) Product manufacturers may choose to provide, in writing or using internationally established symbols: i) Instructions for product use ii) Information on potential risks associated with product use b) Users acknowledge and agree that: i) It is their sole responsibility to review and understand any provided product information before use ii) The absence of specific instructions or risk information does not imply that a product is free from potential hazards iii) All products sold on this website are intended for use by individuals over the age of 14 years, unless explicitly stated otherwise c) The Company acts solely as a retailer and does not assume responsibility for: i) The accuracy, completeness, or availability of product information provided by manufacturers ii) Any consequences resulting from the use or misuse of products sold on the website.
10.3. Defective, Damaged, or Missing Items: a) For information on these issues, refer to the Delivery Queries section.
10.4 Age Restrictions and Product Usage
a) All products sold on this website are intended exclusively for adult use, defined as individuals 18 years of age or older, unless explicitly specified otherwise for specific product categories.
b) Customers acknowledge and agree that: i) They are responsible for ensuring that products are not accessed or used by minors ii) The Company bears no liability for any misuse of products by individuals under the legal age of majority iii) Purchasers must verify and comply with local age restrictions and regulations regarding product acquisition and use
c) The Company reserves the right to: i) Refuse sale to individuals who do not meet age requirements ii) Cancel orders if age verification cannot be satisfactorily completed iii) Implement additional age verification measures as deemed necessary
d) By placing an order, the customer affirms that they are of legal age and authorized to purchase the products in their jurisdiction.
11. Product Evaluation
11.1. Review System: a) The Company allows users to review products showcased on the E-Shop b) Ratings summarize user experience with the product.
11.2. Review Content: a) Must be personal, original creation of each user b) Must not infringe on copyrights or other rights of third parties.
11.3. Prohibited Content in Reviews: a) Hyperlinks directing users to other shops or manufacturer pages b) Commercial advertising or promotion of third parties c) References to other users or their product reviews.
11.4. Company Rights Regarding Reviews: a) The Company reserves the right to: i) Select how evaluations are presented (partially or completely) ii) Delete reviews or parts of review text b) The Company will inform authors of any changes when deemed necessary.
12. Limitation of Liability
12.1. Transaction Liability: a) The Company is not responsible for damages resulting from: i) Execution of orders ii) Lack of execution of orders iii) Delayed execution of orders for any reason.
12.2. Product Availability: a) The Company provides no guarantee for product availability b) The Company will inform customers about unavailability at the time of order.
12.3. Website Content: a) Content and products are provided "as is" b) The Company is not liable for any damage suffered by users, customers, or third parties related to: i) Website operation and use ii) Information and services provided in relation to products.
12.4. Product Use: a) The Company assumes no responsibility for incorrect product use by customers b) For products intended for professional use: i) The Company is not liable for consequences arising from use within professional activities ii) Company liability is limited to the value of the products.
12.5. Website Security: a) The Company strives to ensure a high level of E-Shop security b) Use of the E-Shop is the sole responsibility of the user/customer c) The Company is not responsible for malicious third-party interventions.
12.6. Associated Websites: a) The Company is not responsible for: i) Contents of associated websites ii) Links contained in associated websites b) Associated links are provided only as a convenience c) Inclusion of any link does not imply Company acceptance of the website or its content.
13. Intellectual Property Rights
13.1. Website Content Ownership: a) All content on the E-Shop (including but not limited to text, images, trademarks, photos, graphics) is the sole property of: i) The E-Shop ii) Partners of the E-Shop iii) Third parties.
13.2. Content Usage Restrictions: a) Copying, reproduction, or re-transmission of material without written consent is prohibited b) Content is protected by Cypriot and international intellectual property laws c) Violators will be prosecuted legally.
13.3. User License: a) The Company provides users/customers with a limited license to: i) Access and use the E-Shop for placing orders ii) Communicate with the Company.
14. 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.
15. Force Majeure
15.1. Definition: a) The Company is not liable for any failure to perform its obligations where such failure is a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.
15.2. Notification: a) The Company will use reasonable efforts to notify users of any anticipated delay due to Force Majeure.
16. Gift Cards and Promotions
16.1. Gift Cards: a) Gift cards are valid for one year from the date of purchase b) Gift cards cannot be redeemed for cash unless required by law c) The Company is not responsible for lost or stolen gift cards.
16.2. Promotional Codes: a) Promotional codes may not be combined with other offers b) The Company reserves the right to modify or cancel promotional offers at any time.
17. Disclaimer of Warranties
17.1. "As Is" Basis: a) The Website and all products are provided on an "as is" and "as available" basis without any representations or warranties, express or implied.
17.2. No Warranty: a) The Company does not warrant that the Website will be uninterrupted, timely, secure, or error-free b) The Company does not warrant any results that may be obtained from the use of the Website.
18. Indemnification
18.1. User Agreement: a) Users agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses relating to or arising out of the user's use of the Website or products purchased.
19. Severability
19.1. Clause Invalidity: a) If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
20. Entire Agreement
20.1. Complete Understanding: a) These Terms constitute the entire agreement between the Company and users with respect to the use of the Website and purchase of products
20.2. Superseding Previous Agreements: a) These Terms supersede and replace any prior agreements between the Company and users
21. Contact Information
For questions about these Terms & Conditions, please contact:
- Phone: +357 99 061705
- Email: sales@the48ers.com
- Mail: the48ers.com, 9, Kassianis str., Lemesos, 3067, Cyprus
Last Updated: 1 December 2024
