Disclaimer

 

Disclaimer and Limitation of Liability Regarding the Use of This Site

THE BPCSHOBBIES.COM WEBSITE AND THE MATERIALS THEREIN ARE PROVIDED 'AS IS'. BPCS HOBBIES MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE BPCSHOBBIES.COM SITE, ITS OPERATION, CONTENTS, INFORMATION, OR MATERIALS. BPCS HOBBIES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BPCS HOBBIES WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, BPCS HOBBIES IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. YOU AGREE THAT BPCS HOBBIES, ITS OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE BPCSHOBBIES.COM SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

 

Typographical Errors / Product Availability

BPCS Hobbies strives in good faith to provide the most accurate information possible on this site. Policies, pricing, and item availability are subject to change without notice, and we reserve the right to limit quantities. Prices, quantities, and availability displayed on our site are subject to final approval at the time of order fulfillment. The inventory images are shown for representational purposes only. If we are unable to display the actual image of a product, BPCS Hobbies reserves the right to display a similar image for the one described in the product information. The actual product may vary from the similar image.

Web, e-mail offers, and other advertisements are subject to correction. If a product is listed at an incorrect price or with incorrect information due to typographical error or any other error in pricing or product information, BPCS Hobbies shall have the right to refuse, modify or cancel any orders placed for the product listed with the incorrect information, regardless of whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled by BPCS Hobbies, BPCS Hobbies will issue a credit to your credit card account in the amount of the charge.

 

Product Availability

The online inventory is virtual and could not reflect real time inventory. BPCS Hobbies strives in good faith to provide the most accurate availability information possible on this site and maintain the security and integrity of our order processing system. Inventory quantities are updated frequently throughout the business day. BPCS Hobbies does not guarantee that items listed as 'in-stock' or 'available' on this site will be available at the time of order fulfillment. All inventory listed on the site is subject to prior sale by BPCS Hobbies.

During the order process, placing an item in your shopping cart does not reserve the item (remove it from available inventory) until final checkout and credit card processing.

 

Order Acceptance

Your receipt of an electronic or other form of order confirmation does not guarantee our acceptance of your order, nor does it constitute confirmation of our offer to sell.

BPCS Hobbies reserves the right at any time after the receipt of your order to accept or decline your order for any reason. BPCS Hobbies reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. In order to minimize fraud, some orders placed over $750.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. For orders over $750.00 (U.S.), please call 1-910-215-8066 (U.S. residents only). We may require additional verifications or information before accepting any order. bpcshobbies.com is intended solely for bpcshobbies' end user customers and currently does not accept large orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by bpcshobbies.com, unless an agreement has been reached between BPCS Hobbies ("Seller") and the buyer ("buyer").

Internet orders generate an automatic confirmation and response e-mail. These automatic confirmations and response e-mails are subject to correction prior to delivery due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. Our internet pages are an invitation for you to make us an offer to buy the items described; our actual delivery constitutes our acceptance of your offer.

Pre-Ordering Products

Customers may pre-order new products at BPCS Hobbies. When you place a pre-order, you are reserving the new product before it is in stock and commercially available to the general public. All pre-orders MUST be paid in full to secure the reservation.

Pre-orders are saved on a “first come, first serve” basis. An estimated time-of-arrival date will be displayed next to the pre-order button on the product’s webpage and pre-order customers will be notified by email when their product has been shipped. If your order includes a pre-ordered model and other items, your order will ship when all items are in stock. To get your other items sooner, remove the pre-ordered items from your cart and place a separate order for them.

If you do not wish to make payment and officially reserve a pre-order but still want to know when the product is available for purchase, simply asked to be “Notified” . BPCS Hobbies will send you an email when that item is in stock and ready for purchase.

Sales Tax

BPCS Hobbies charges applicable sales tax for items subject to tax.

 

System Abuse

Without limitation, you agree not to send, create or reply to so called e-mail bombs [denial of service concept] (i.e., e-mailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent), engage in spamming (i.e., unsolicited e-mailing for business or other purposes), or undertake any other activity that may adversely affect the operation or enjoyment of this site by any other person. Any unauthorized use of the materials appearing on this site or the site's functionality may violate applicable laws and could result in criminal or civil penalties.

 

Security

BPCS Hobbies uses industry standard physical, electronic, and managerial procedures to help safeguard and help prevent unauthorized access, maintain data security, and correctly use the information collected online. Any passwords used for this site are for individual use only. You shall be responsible for the security of your own password outside the boundaries of the site. BPCS Hobbies reserves the right to monitor your password and, at its discretion, require you to change it. If you use a password that is considered insecure, we reserve the right to require it to be changed and/or terminate your account.

Although BPCS Hobbies takes appropriate measures to safeguard against unauthorized disclosures of information, BPCS Hobbies cannot guarantee you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with the Privacy Notice. Inadvertent disclosures may happen as a result of unauthorized access (hack attempts) to the site. For more details, please see the Privacy Policy.

 

Used Collections Terms and Conditions

Purchase and Selling of Collections (Used) Items

BPCS Hobbies conduct business of buying and selling Used Model train, or other consigment items (Collections), we make every effort to ensure that the items purchased are in good working conditions, BPCS Hobbies does not guaranteed that the item will be in perfect working conditions as those as new. BPCS Hobbies runs thorough tests on these items to corroborate it's working conditions and will notify the buyer of item conditions.

  1. TERMS AND CONDITIONS CONTROL. The following terms and conditions (these "Terms and Conditions"), are agreed to by BPCS Hobbies ("Seller") and the purchaser ("Purchaser"). Seller's acceptance of any order is subject to these Terms and Conditions. No contrary, additional or different terms, provisions or conditions shall be binding on Seller unless accepted by Seller in writing.

  2. COMPLETE AGREEMENT. This document represents the full and final agreement of the parties regarding these Terms and Conditions.

  3. MODIFICATION. Purchaser understands and agrees that (a) no modification or waiver of these Terms and Conditions shall be effective unless made by an authorized representative of Seller in writing addressed to Purchaser and specifically referring to these Terms and Conditions; (b) no course of action on the part of Seller shall be deemed to modify these Terms and Conditions; and (c) Seller's acknowledgment or acceptance of anything in writing from Purchaser which is in conflict with these Terms and Conditions (including any purchase order forms containing different terms or conditions) and any subsequent delivery of Goods shall not constitute a modification or waiver of these Terms and Conditions.

  4. DISCLAIMER OF WARRANTIES ALL GOODS (USED COLLECTION ITEMS) ARE PURCHASED BY THE PURCHASER "AS IS" AND "WITH ALL FAULTS", AND SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE GOODS. Any affirmation of fact or promises made by Seller shall not be deemed to create an express warranty that the Goods shall conform to such affirmation or promise. Any descriptions, samples and specifications with respect to goods offered for sale herein are not warranted by BPCS Hobbies ("Seller") to be accurate or complete. If a model  was shown to Purchaser, such model was used merely to illustrate the general type and quality of goods sold by BPCS Hobbies ("Seller") and not to represent that the Goods would necessarily conform to such model. Any description is for the sole purpose of identifying the Goods and no affirmation, promise, description, model shall be deemed part of the basis of the bargain. SELLER STRONGLY RECOMMENDS THAT PURCHASER CONDUCT AN ON-SITE INSPECTION OF THE GOODS SOLD HEREUNDER. SELLER SHALL NOT BE RESPONSIBLE FOR THE CONSEQUENCES OF PURCHASER'S FAILURE TO INSPECT THE GOODS OR FOR ANY INACCURACIES, INSUFFICIENCIES, OR OMISSIONS IN SUCH DESCRIPTIONS, MODELS AND/OR SPECIFICATIONS. The employees or representatives of BPCS Hobbies ("Seller") are not authorized to make any statement or representation as to the quality, character, size, condition, quantity, etc. of the goods offered for sale inconsistent with these Terms and Conditions. Any such statements made will not be binding on Seller or be grounds for any subsequent claim.

  5. SALES - USED MODELS. Purchaser understands that the Goods described herein have been used by persons other than Seller. Purchaser is warned and acknowledges that such Goods may bear wear and tear or other cosmetic wear. 

  6. DISCLAIMER OF LIABILITY. Purchaser acknowledges that the Goods sold herein are used items. Purchaser acknowledges that it must contact the original manufacturer to obtain up-to-date installation and operation manuals and other information to insure the safe operation of Goods (if needed). BPCS Hobbies ("Seller") will not be responsible for any loss or injury resulting from defects or alleged defects in the Goods sold or from the subsequent use of the items. Purchaser agrees to defend any suit, action or cause of action brought against Seller, its directors, officers, employees and other agents and representatives by any person based on any such alleged injury, illness, or damage and to pay all damages, costs and expenses including, but not limited to, attorney's fees or legal expenses in connection therewith or resulting therefrom.

  7. REPAIR. BPCS Hobbies ("Seller") is not obligated to do any repair work or modifications upon the Goods prior to sale or delivery. Any repair work or modifications performed by BPCS Hobbies ("Seller") on the Goods prior to sale shall be performed as a result of the sole request of Purchaser using designs and instructions provided by Purchaser. Accordingly, BPCS Hobbies ("Seller") shall not be liable for any alleged damages caused by or resulting from the repairs or modifications.

  8. BPCS HOBBIES ("SELLER") GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE QUALITY, MERCHANTABILITY, WORKMANSHIP OR ANY OTHER MATTER WITH RESPECT TO ANY SUCH REPAIRS OR MODIFICATIONS.

  9. FEES AND COSTS.
    In the event any party institutes legal proceedings to enforce its respective rights arising out of the invoice and these Terms and Conditions, the prevailing party shall be entitled to the award of attorneys' fees and court costs, plus cost of executing, enforcing and/or collecting any judgment at all trial and appellate levels.