Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
We sell ONLY In-Stock items that are available today for multiple suppliers or our own inventory. We do accept Backorder's on Out-Of-Stock items. Once your order has been placed, it will be processed from our warehouses and/or sourced from our various suppliers/distributor’s warehouses across the country. Available items that must come from Distributors/Suppliers warehouses may take up to five business days to arrive at TrainMaster Model Trains before shipping to you.
* In Stock - Available - the item(s) could be in many different warehouses in the USA. Items will ship or you can pick-up once consolidated from various warehouse sources.
* Out Of Stock - Unavailable - No Back Orders - due to no expectation of it ever being available in the future. These are Retired, Discontinued or Limited Run items that are Sold Out or these are Stock Items with no information from the manufacture as to delivery date.
* MAP - Manufactures Authorized Price, this is a price set by the manufacturer that retailers is not allowed to sell below if they wish to sell that manufactures product. TrainMaster Model Train will comply with MAP pricing to maintain our manufacturer relationships.
* Cancellation - The process of shipping form the distributor start electronically once the order is placed, item are shipped from distributors and cannot be returned by TrainMaster. Thus all request for Cancellation will be treated as a Return and the 20% restock fee will be charged.
* Refunds - will be only issued if product is unavailable or cancelled by the manufacturer. Due Dates are displayed with each product and updated as information from the supplier is provided. Due Dates are not guaranteed, and Due Date changes are not grounds for change or cancellation of orders. TrainMaster Model Trains reserves the right to cancel orders and refund payment at any time.
Manufacturer warranties apply to all new merchandise and are primary. TrainMaster Model Trains will assist in warranty issues but the manufacturer has final determination of any return for warranty issues as filed by you the customer.
* All sales are final for: DVD, VHS, CD, Book, Electronics and Magazines. Contact Manufacturer for warranty issues.
* All other items you wish to return for any other reason, can only returned complete, unopened and unused in the same condition as received for up to 7 days after purchase. A 20% restocking fee will be applied to all returns, and customer absorbs all return shipping fees.
* Any returns/exchanges must be pre-approved and assigned an RMA number (Return Merchandise Authorization) by TrainMaster Model Trains. Contact firstname.lastname@example.org for approval for the return and to receive a RMA. Once a RMA number is assigned to the merchandise it must be shipped back to TrainMaster Model Trains in the original shipping box. Any products that are received that have not been assigned an RMA will not be returned to the sender and not processed.
* If a purchase was damaged during shipping retain the original package that was damaged and all contents. Notify the shipper immediately, you will receive further instructions to file a claim with the shipper for your reimbursement. TrainMaster Model Trains is not the insurer of loss or damaged merchandise. All shipments are FOB shipping point.
Free Shipping to the US 48 States on shippable orders over $99.99
TrainMaster Model Trains PreOrder procedures are handled via the normal online order website.
* Find the item(s) you wish to PreOrder and place a one cent deposit. We will contact you to confirm the PreOrder and secure Credit Card for the balance of item and any shipping. Credit Card will not be charged for the balance until the item(s) has arrived. PreOrder can not be changed, cancelled or refunded once placed. Model trains are "limited run" products. PreOrder schedules are set by the manufacturer and are often months in advance. PreOrdering is the only sure way to get the "limited run" items. PreOrders are all subject to final production and availability and not guaranteed by the manufacturer to be produced.
* Once you pay your one cent deposit, we confirm orders over with manufacturers and call for Credit Card to secure PreOrder. One of two things occurs-the manufacturer goes to production for delivery in the future or the manufacturer may cancel the project, usually due to lack of orders. Cancelled projects or unavailable items will be refunded in the same manner as paid.
* Once the model arrives, the balance of the purchase price and any applicable shipping will be charged to your Credit Card. Please update your account on the TrainMaster Model Trains website if phone or email changes. TrainMaster Model Trains will not responsible for missed shipments due to unreported changes, spam email filters or call block phone numbers. Any item not paid in full within 14 days will be put up for sale and all deposits/payments are considered forfeited.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TrainMaster Model Trains. The collective work includes works that are licensed to TrainMaster Model Trains. Copyright 2003, TrainMaster Model Trains ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with TrainMaster Model Trains or purchasing TrainMaster Model Trains products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with TrainMaster Model Trains or to purchase TrainMaster Model Trains products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by TrainMaster Model Trains. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of TrainMaster Model Trains used in the site are trademarks or registered trademarks of TrainMaster Model Trains
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, TrainMaster Model Trains disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose and non-infringement. TrainMaster Model Trains does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. TrainMaster Model Trains does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
TrainMaster Model Trains shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if TrainMaster Model Trains has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a TrainMaster Model Trains product is mistakenly listed at an incorrect price, TrainMaster Model Trains reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. TrainMaster Model Trains reserves the right to refuse or cancel any such orders 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 cancelled, TrainMaster Model Trains shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by TrainMaster Model Trains without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
TrainMaster Model Trains may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to TrainMaster Model Trains.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of TrainMaster Model Trains products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of TrainMaster Model Trains products) must be commenced within one (1) year after the claim or cause of action arises. TrainMaster Model Trains's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. TrainMaster Model Trains may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a TrainMaster Model Trains or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
TrainMaster Model Trains does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, TrainMaster Model Trains is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, TrainMaster Model Trains reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to TrainMaster Model Trains in its sole discretion.
You agree to indemnify, defend, and hold harmless TrainMaster Model Trains, its officers, directors, employees, agents, licencors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, TrainMaster Model Trains may link to sites operated by third parties. However, even if the third party is affiliated with TrainMaster Model Trains, TrainMaster Model Trains has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TrainMaster Model Trains. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, TrainMaster Model Trains seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).