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The Hobbyworx.com Terms & Conditions

We invite you to print out these Terms & Conditions, or we can e-mail these to you on request. Please read the terms carefully as by purchasing and using our website constitutes your acceptance of our terms. Do not use this site if you are unwilling or unable to be bound by these terms. Please request the "Terms & Conditions" from our Customer Service Centre. YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY OUR TERMS AND CONDITIONS. By purchasing from TheHobbyworx.com you are entering into a legally binding contract and the following terms and conditions apply:
As the products we offer are of a specialist nature, please ensure that you read our terms and conditions prior to placing your order.

1. Contact Information

Address:
TheHobbyworx.com
4th Floor Goyt Mill
Upper Hibbert Lane
Marple
Stockport
SK6 7HX
UK


(we are an online company and do not allow customers to come our address without an appointment)
Order Line: 305 707 6789 (open 6am-1pm Mon-Friday)
For training purposes and your own security, your call may be monitored and recorded
Technical & Aftersales Support: Please contact us through the support centre, we aim to respond to any tickets within 24 working hrs http://nitrotek.freshdesk.com
(If you do not get a response within this time then please check the status of your ticket to open. If the status says open then your ticket may be corrupt and you should raise a separate new ticket)

2. General

We accept no liability (to the fullest extent allowed by law) for the accuracy of information contained on the website or related adverts, which may contain technical inaccuracies or typographical errors including information obtained from live support operators and via email. However, this provision does not affect your statutory rights and remedies.
Please note all specification and colours on our products are subject to change without notice. This does not mean that we will send you something different to what you have ordered it simply means that we have new products and versions of our products coming in all the time so e.g. we may have a model available in only yellow which you order and receive and then a couple of weeks later we bring out the model in a red colour. All items are subject to availability. We will inform you as soon as possible if the product you have ordered is not available and at our discretion we may offer an alternative product of equal or higher quality and value

3. Credit Card Safety

The Hobbyworx.com and our secure payment service providers use the latest technology to protect your credit card information and do not release it to any outside organization. Credit card details from our online transactions are not stored by us at any point and are encrypted, verified and destroyed.

4. Refusal to Serve

We reserve the right to refuse to supply any order placed without giving a justification. Placing an order via our web site does not constitute a contract until goods are dispatched from our premises. We reserve the right to cancel any sale after charging and prior to the goods leaving our premises, in which case a full refund of any amounts already charged will be made.

5. Your Status

To be eligible to purchase Products on this website you must:
(a) be capable of entering into binding contracts and;
(b) be at least 18 years old. If you are under 18 you must only order goods from our website with, and under the supervision of a parent or guardian.
(c) provide your real name and contact details (including e-mail) and;
(d) a valid delivery address.
(e) if using a credit card that you have permission to use it for the purchase
You therefore agree that by placing an order on this website you legally able to enter into this agreement

6. Mistakes and Corrections

Due to the size of our site, it is possible at times that products may be incorrectly listed that are no longer available, have had a specification change, or are no longer available at the listed price. It is also possible for an incorrect price to be entered during the ordering process. We reserve the right to refuse to serve in these instances regardless of any email you have received confirming the order or dispatch.
6.1 The details, makes and designs of our products are constantly changing and we reserve the right to change the specification of our products without prior notice in relation to future sales. You should check our website for details.
6.2 Products supplied to you may differ as a consequence from those on display or advertised. Unless agreed otherwise with you, the Products supplied will be of equivalent value, functionality and appearance. Any significant variations will be notified to you so you can have opportunity to withdraw from the contract if you are not happy with the changes.
6.3 Leather Products are made from quality natural leather and accordingly they may not be uniform in colour or texture. Some leathers will show natural marks and scars on the hide. Some leathers will mellow with age and exposure to sunlight and heat.
6.4 The measurements of all Products provided are as accurate as possible, but some slight variances may apply
6.5 Even if not always mentioned, some self-assembly may be required by the buyer on certain products. For example but not limited to the attaching of, battery, accessories, wheels, and all nuts and bolts need, engine settings etc to be checked before road use.
6.6 We have a policy of continuous product development so we can provide you with what we consider the best design at the best price, and thus reserve the right to amend the specifications of products, their price, packaging and any service associated at any time, without prior notice.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and we aim to ship your order within the time stated on the products specific page or mentioned under the “Shipping and Returns” and/or “International Shipping” web pages of the Site. Your order may be cancelled due to, but is not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or credit or fraud problems. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have received payment, we will issue a credit by the charged payment method for the amount of the charge.

7. The Hobbyworx.com Privacy Guarantee

We will not rent or sell your name, address, e-mail address, credit card information or personal information to any third party. If you have purchased from our store, subscribed to one of our newsletters and entered any of our competitions, or advised us of your e-mail address we may occasionally update you on news and special opportunities via e-mail.
You are entirely responsible for maintaining the confidentiality of any password you create for use on our website. You agree to notify TheHobbyworx.com immediately of any unauthorized use of your account or password. TheHobbyworx.com shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by TheHobbyworx.com, its affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of your account or password.
The Hobbyworx respects your privacy and permits you to control the treatment of your personal information. A complete statement of The Hobbyworx current privacy policy can be found by clicking here. TheHobbyworx.coms’ privacy policy is expressly incorporated into this Agreement by this reference.

8. Pre Testing

Please check your item BEFORE USE. You should carry out checks and tests before using e.g. test all radio equipment including a range test. Should you fail to carry out any relevant checks and damage is incurred as a result we will not be held responsible. Our help pages and your manual will include information on what procedures to follow. If you require details on how to check your model before use please ask us do not proceed to use your model until you are clear on the pre checks needed. These models are NOT TOYS. If you have no experience with the model you have purchased you will need to do some research e.g. if you have purchased a nitro model then as well as reading all the information on our site and in the product manual you should do some research on how to e.g tune and set your engine and also how to check it before use. We will offer advice and help to newcomers as much as possible but are unable to accept returns for items that have been damaged by incorrect use, from customers who are unable to adjust their models or from customers who have not fully checked their models before use.

9. User Content

You grant The Hobbyworx LLC a license to use the materials you post to the Site. By posting or otherwise distributing user content to the website, you are granting TheHobbyworx.com, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use the user content in connection with the operation of the internet business of TheHobbyworx.com, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content. You will not be compensated for any user content. You agree that TheHobbyworx.com may publish or otherwise disclose your name in connection with your user content. By posting user content on the website, you warrant and represent that you own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content.
You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any content does not violate any laws or intellectual property rights rests solely with you.
The Hobbyworx.com reserves the right to terminate your user content if they deem in unsuitable, this is at The Hobbyworx discretion

10. Age Restriction

Please remember that the remote controlled models we sell are NOT TOYS, we recommend that the minimum age for all our models is 14 years old. We also advise that supervision be given to any child below age 18. It is the responsibility of the user to ensure the safety of people and property around them when learning to use these vehicles.

11. Lithium Polymer batteries (LiPo, Li-Poly)

Fire can be caused by but not limited to: Overcharging your battery, using the wrong charger or charger setting, unbalanced battery load, charger fouled by poor power supply, charging a damaged cell or pack, short circuit, crash damage, Over discharging, running too flat and/or too hot, discharging an unbalanced battery load, charging the battery whilst still in your rc model, charging in a car, charging from car battery, punctured battery. It is highly recommended you read up on safe use of your Li Po battery before use and first charge
Charging guidelines:
1. Always charge on a surface that cannot catch fire easily, concrete, steel etc...Do not charge on carpet, paper or any other items that can catch fire easily!
2. Never over discharge your battery. What does this mean? It means when you notice a power drop (when using your helicopter), stop! Immediately!
It also means disconnect your battery from the helicopter, even if you switch off the helicopter or transmitter and you leave it connected it will still discharge really slowly. Really slowly for a day is a lot!
If you over discharge and then charge again you may experience puffing. This is where the cells swell. If this happens you can never use the battery again. If you charge a puffed battery then expect a fire!
3. Always remove your battery from your rc model when charging.
4. Use the correct charger.
5. Do not overcharge your battery. Always set a timer and don’t leave your battery charging un attended. If you do not know the charging time of your battery give us a call or emails us before you attempt to charge.
Lipo batteries are expensive and can be dangerous so need to be treated with care, if you need any help with charging email me us or give us a call. It is highly recommended you read up on safe use of your Li Po battery before use and first charge

12. Severability

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

13. Waiver.

If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing and signed by an authorized representative of the waiving party

14. Events outside our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 Strikes, lock-outs or other industrial action.
15.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 Fire, explosion, storm, flood, earthquake, hurricane, subsidence, epidemic or other natural disaster.
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.2.5 Impossibility of the use of public or private telecommunications networks.
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

15. Returns/Refunds

We will gladly accept your return or exchange of unopened merchandise, in re-sellable condition, within 2 weeks (14) days of the delivery date, after we issue the required RA (return authorization) number. We will give you the option to return the item by coming into the store or by mail. If you choose to return your item to the office, you must bring your receipt and your photo ID. If you choose to mail your item you will need a Returns Material Authorization number from us. To obtain an RMA number, please contact the store via email. At that time, we will agree upon what course of action will best satisfy your needs. You may choose between an exchange of a like item or refund. If you choose a refund, The Hobbyworx.com reserves the right to charge a 15% restocking fee and the original shipping cost (if free shipping was chosen by you the you would be deducted the shipping cost paid by us to send the goods to you) and shipping cost to return the item will not be reimbursed. We will credit you in the same manner as your original payment whenever possible within 14 days of receiving the returned item. We will reimburse you the return shipping only if the return is a result of our error and only for the mitigated postage paid. It is your duty to mitigate your loss

You can return thehobbyworx.com purchases to our office. 


If there is an issue regarding damage due to shipping, please contact the store. If you are missing parts, please call the store to request the parts instead of returning the entire order.

Due to restrictions placed upon us by product manufacturers, once an item is opened, all issues/questions regarding defective items, product inquiries and product warranties are handled directly by the manufacturer of the item in question. We will be more than happy to assist you contacting the manufacturer. 

 

What is mitigating my loss? 
This simply means you must keep the return costs as low as reasonably possible. An unreasonable postage amount paid by you to return goods to us will not be refunded in full only the amount that was reasonable to pay would be refunded. e.g. sending a parcel on a next working day service and paying $18.00 would not be refunded when a cheaper and still suitable service such as a standard parcel service with insurance was available at $8.00. In this situation as it is not reasonable for you to ask us to refund the full amount you paid as you used the more expensive service. A refund will only be processed for the reasonable service available as the excess amount would of been your own choice to pay and would not be refundable. In this case $8.00 would be refunded. You must always obtain a returns number from us before you return your goods and at this time you will be told what service must be used to return the goods to us, any excess price you pay over this for using any other service is your own choice and would be at your own expense.

15. 6 Months Warranty

Your goods are covered under a 6 month warranty. This means any manufacturing fault within this time frame is covered and will be repaired . If the company is unable to repair the goods e.g. parts no longer available or cost to repair more than cost of goods the company may replace or refund the goods at their discretion. When claiming under a warranty you are legally obliged to return the product or defective part to us for examination should we request it. In some cases we may not require the suspected damaged faulty part back and may be able to sent a replacement part to you for you to fit, this is at our discretion.

Due to the nature of the products we sell and the environment they are operated in, breakages can often occur therefore general wear and tear or any damage caused by misuse is not covered, this warranty covers you solely against manufacturing faults. If the product or parts are not covered by the warranty or your statutory rights a quote will be supplied for repair or replacement and the cost of returning the product or parts back to you (please see repair service section for details). All warranty claim decisions are final.

No compensation payment or refund will be made for, but not limited to, disappointment, or time lost.

16. Repair Service

If your goods are returned and are found to be free from manufacturing fault then a quote will be supplied to you for their repair and return. If you decide you want us to do the repair for you we only charge a $20.00 per hour labour fee (most repairs can be done within an hour), plus the return shipping, this amount will depend on the destination plus the cost of any parts needed 

If you decide you would like to carry the work out yourself then there is no charge for our time to inspect and test and you need only cover our return shipping fee back to you unless you wish to arrange your own courier to collect.

Once you have been notified of the inspection results and provided with an estimate we will only keep a return for the period of two (2) weeks with no storage fee, after the two (2) weeks have passed, we reserve the right to charge a $5/ week charge for storing the unit in our facility.

 

17. Limits Of Responsibility

We accept no responsibility for crash damage and/or loss of kits, engines, accessories, etc. incurred during operation of a radio-controlled model. In most cases it is very difficult or impossible to determine whether crash damage was actually due to radio equipment failure or due to operator error this is why all users are expected to test their radio equipment is fully functioning before each use and carry out a range test, should your model crash we therefore will not except radio equipment failure as the reason.
Also, we cannot be held responsible for any purchased components that are incorporated into radio systems or problems caused by incompatibility between radio components, parts, and repairs not completed by our service center, etc.
It is impossible to guarantee product compatibility for product recommendations. We provide information and suggestions to the best of our abilities based on the information available to us at the time. We are unable to guarantee successful outcomes.
We are not responsible for incidental damages caused by defective products.
All of the products we sell are intended for retail consumption by our customers and are not intended for resale. We reserve the right not to sell commercial quantities or to resellers. Any consequences arising out of the resale of merchandise purchased from The Hobbyworx is the responsibility of the seller, not The Hobbyworx. Thr Hobbyworx may revoke the ordering privileges of customers who purchase commercial quantities of our products.
Please note that most items we offer are intended for use in the USA. International radio frequency and electric current requirements are the responsibility of the buyer.
Model airplane performance claims typically apply to density altitudes under 3,000 feet above sea level. If you will be flying your airplane above this, additional considerations such as motor power, choice of propeller and aircraft weight should be taken into consideration.
Additional policies may exist. Policies are not limited to those on this page. Call with any questions.

18. Indemnity

You agree to indemnify TheHobbyworx.com for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless TheHobbyworx.com, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. TheHobbyworx.com will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

19. Limited Liability.

Thehobbyworx.coms’ liability to you is limited. To the maximum extent permitted by law, in no event shall thehobbyworx.com. Be liable for damaged of any kind (including but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the forseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by thehobbyworx.com. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

20. Delivery

We process orders Monday-Friday (except state holidays)
Your shipping choices and pricing will appear during checkout and may include: (UPS) United Parcel Service, and (USPS) United States Postal Service. Please note that not all shipping choices may be available for your country.
The shipping options and pricing for your order can be viewed if you start the online checkout through our website. Just place the items you wish to purchase into your shopping cart and begin the checkout process. You will not be required to make your purchase at that time, but you will be able to view the shipping choices and pricing for your order. Your shipping options available will be dependent upon the weight of your order and the location we are shipping to.
We aim to ship orders the same day Mon-Fri if your order is placed before 1pm.
We endeavor to ship all items as fast as possible. Occasionally during peak times orders can take longer to ship - please accept our apology if this is the case. Additional fraud checks may need to be carried out and identities verified - this may cause delay to your order. We aim to carry out these checks as quickly and efficiently as possible. The time can be reduced by checking for emails from The Hobbyworx LLC and supplying a daytime contact number with your order. Delivery times are not guaranteed.
Customs, duties, and taxes are not included in your shipping fee paid to us. You will need to pay any customs, duties or tax fees to your local delivery person after your packages is processed by customs. TheHobbyworx.com is unable to determine what your country may charge you for these fees. We suggest that customers contact their local postal carrier or customs department for further information on duties, taxes, or custom fees for their country.

21. Shortage/Delayed/Lost/Damaged Deliveries


Lost/Delayed Package Claims
If you have not received your order, and feel your package may be lost, please contact us within 48hrs of the expected delivery date. All packages shipped by The Hobbyworx are insured. If your package is in fact lost, we will either replace the package, credit your account for the full amount, or offer you a refund for the full amount of the order.
In order to have a valid claim we must be notified by you within 48 hours of the expected delivery date, when we receive this notification we will then raise the claim with the courier who will require some time to investigate and try and trace the package before a accepting the claim. The couriers timetable for tracing lost packages can be up to 21 business days from the day the order was shipped
Damaged
If you have received your order, and your package was damaged in transit or missing items, please contact us within 48 hours of receipt of your package. Please keep all packaging (box, packing paper, etc.) for verification purposes. We will most likely request the damaged product(s) be shipped back to us for verification. We may require you to email us pictures of the damaged goods and packaging,
We do not accept minor marks and damage on the packaging you receive due to shipping and handling as a fault, but we will where possible attempt to replace the damaged packaging. This is at our discretion. We strongly advise you that if a courier delivers a parcel to you and you do not have time to check the goods there and then for damage then you should always sign for the goods as unchecked so a courier is less likely to argue that the goods were except in good condition.
Disputes
If goods are disputed as delivered, this is where the courier says they have delivered and have a signature from the addressee for receipt of them but you are stating you have not had them then the courier will not raise a claim until they are satisfied the goods have not been delivered after an investigation has been carried out. Part of this investigation is to interview the delivery driver, unfortunately in this very rare situation the goods cannot be resent until the courier accepts the claim is valid. 

22. Our Team

Our staff are all radio control model enthusiasts and many race at a national level. Our staff are very knowledgeable when it comes to our products so if you experience any difficulties or have any questions please get in touch.

23. Complaints

If you have any complaints regarding our staff or a service that has been provided then please email the head of customer service at support@thehobbyworx.com

24. The Company

Due to our size, position and buying power we have excellent relationships with the manufacturers.If a model has a manufacturing fault then we are covered ourselves so have no reason to bias.

The Hobbyworx.com retains the right to bring proceedings against you for breach of these conditions in your state or country of residence or any other state or country.


The Hobbyworx reserve the right to change any prices or details on our site

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