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Terms & Conditions

 

Last Revised Date, May 2005

Thank you for visiting HobbyWave Models Limited website, hobbywave.com ("HobbyWave").

YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE.

These legal conditions govern the use of and access to HobbyWave website.

Your use of HobbyWave is governed by the following terms of use ("Terms"). If you do not agree with all of these Terms, please exit HobbyWave. By using HobbyWave, you agree to comply with and to be bound by these Terms, including the privacy policy and, when you make an online purchase, the purchase information.

HobbyWave reserves the right to, from time to time, change these Terms at its sole discretion. By using HobbyWave after any such change, you agree to comply with, and be bound by, the Terms as changed.

Copyright

Unless otherwise indicated, all content on this site, including text, graphics, images, and logos, is the property of HobbyWave or its content, product suppliers and is protected by international copyright laws and regulations. In addition, HobbyWave owns a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the site's content. Except as expressly provided herein, HobbyWave does not grant any express or implied right to you.

Trademarks

HobbyWave and other names, graphics, logos, and icons identifying HobbyWave or its products or services are the proprietary marks of HobbyWave Models Limited. These trademarks may not be used in connection with any product or service that is not HobbyWave's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HobbyWave. All other trademarks not owned by HobbyWave that appear on this site are the property of their respective owners.

License

These Terms and Conditions provide you with a personal, revocable, nonexclusive, nontransferable license to use this site conditioned on your continued compliance with these Terms and Conditions. You may use this site solely for your personal, non-commercial use, and you may download a single copy of the materials from this site only for personal, non-commercial use, as long as you agree not to remove any copyright, trademark, or other proprietary notices from the materials downloaded. Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this site without the prior written permission of the material's owner. As a condition of your use of this site, you warrant to HobbyWave that you will not use this site for any purpose that is unlawful, unauthorized, or inconsistent with these Terms and Conditions, and you agree that this license to use the HobbyWave web site will terminate immediately upon your violation of this warranty. HobbyWave reserves the right to terminate your access to this site and its content at any time, with or without notice, at our discretion.

Disclaimer

Material in HobbyWave may contain inaccuracies or typographical errors. HobbyWave is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user's reliance on information obtained from or through HobbyWave. It is your responsibility to evaluate the information and other content available through HobbyWave. The information and materials contained in HobbyWave are subject to change at any time, and from time to time, without prior or subsequent notice.

Submissions

HobbyWave welcomes your comments about your experiences shopping with us and your suggestions about how to improve HobbyWave. Any comments, ideas, suggestions, information, or any other content you contribute to HobbyWave (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for HobbyWave to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by HobbyWave will not infringe upon or violate the rights of any third party.

Links

HobbyWave may contain links to other websites. HobbyWave is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. HobbyWave does not, by linking to another site, or by making reference to any third-party information, products or services, endorse those sites or materials. Any questions or comments relating to any other site should be addressed to the operator of those sites.

Limitation of Liability

In no event shall HobbyWave be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, even if HobbyWave has been previously advised of the possibility of such damages, whether in an action under contract, tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on this site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply to you. HobbyWave shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these legal conditions if the same is wholly or partly caused by circumstances beyond our reasonable control.

Indemnity

You agree to indemnify, defend, and hold harmless HobbyWave, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from your use of this site or any breach by you of these Terms and Conditions.

Risk of Loss

All items purchased from HobbyWave are made pursuant to a shipment contract; the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.

Online Purchase Information

This Online Purchase Information governs purchases made through HobbyWave.

Purchasing

Depending on availability, purchases may be made either directly through HobbyWave or through the assistance of a customer services support representative.

Online purchases from HobbyWave may be made by anyone, for delivery to a billing address, as registered with the clients' credit card company. To secure both us and our customers from potential credit card fraud, we may ask our customers to provide us with bank phone number on the back of the credit card to verify card holder. Immediately after an order has been submitted, an automated sales invoice will be forwarded to the email provided to us during the order process. This sales invoice should be retained for any future references. Without this receipt, we would not be able to validate your purchase, and accordingly, will not be able to proceed with any requests.

Availability

All products from this website are subject to availability; as necessary, we reserve the right to limit the quantity of products we supply; supply only part of an order or to divide up orders. We do keep most items in stock, but merchandise may go in and out of inventory from time to time. For more updates, a HobbyWave customer support staff will be pleased to assist you via email. We recommend that you provide the SKU of item of interest.

Pricing and Payment Options

While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of the merchandise you have ordered, we will give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as cancelled within 48 hours of our attempt to communicate with you. Prices displayed on HobbyWave are quoted in U.S. dollars, unless otherwise specified.

Sales Tax and Custom & Duties

Given that HobbyWave ships worldwide, we do not charge federal, state, local or county taxes on online transactions (unless otherwise specified); however, it is the customer's sole responsibility to ensure proper payments as required by applicable laws. Therefore, please note that your on-screen transaction total "does not" reflect estimated tax (unless otherwise specified). The actual sales tax should be calculated by you when your order is shipped. The customer is also responsible for all customs and duties at the point of entry into the country of destination.

Shipping and Delivery

All purchases are shipped with one of our shipping agents. We give tracking numbers for all orders we ship unless otherwise prior written agreement between HobbyWave and its customer. Orders are processed and delivered Monday through Friday, excluding holidays. HobbyWave cannot be responsible for unanticipated delays of shipping agents.

Customers are responsible for providing a full valid address, including apartment number, and buzzer code if applicable, for delivery. Customers are entirely responsible for ensuring the receipt of the package, and HobbyWave WILL NOT BE RESPONSIBLE for returned orders due in part by customer negligence. We can not ship such orders again unless otherwise shipping cost is repaid.

Tracking

A shipping confirmation may be requested by the customer approximately two to four business days after submitting an order. In addition, we will email a sales invoice immediately after an order is placed for confirmation that your purchase had been accepted for processing. Customers may also try out our self-serve tracking system by loggin on to your account. To ensure the security of your delivery, we are unable to provide you with details on our communications with our shipping agents. However, we do provide tracking numbers upon request, and maintain tracking numbers for each delivery. At times, there may be an error in providing this information to customers. As this information is provided to us by our shipping agents, customers may submit another request for further clarification. We are not liable and/or responsible for any losses or damages that may arise given such an occurrence. If you have questions about the delivery of your purchase, a HobbyWave customer support staff will be pleased to assist you via email.

Refund and Exchanges

HobbyWave wants to ensure your continued satisfaction. For HobbyWave online purchases, we are able to accept original product in the original sealed box in saleable condition with a receipt (order id) and within the 30 day return period from original date of purchase (excluding shipping).

Exchanges will ONLY be offered if the original is defective & unopened, with receipt (order id) and within the 30 day return period from original date of purchase.

NOTE: Please check all the items carefully BEFORE opening the plastic clear wrap. Once opened, we cannot accept it for refund/exchange.

Changes/Cancellations

If you wish to cancel or modify your order, please contact us as soon as possible. We will make every effort to accommodate your request; however, once a product has left our premises for processing and shipping, the purchase cannot be cancelled nor modified. In this case, please refer to our Refund and Exchanges & Shipping and Delivery policy above. All the orders are shipped out within 2~3 business days after the orders have been placed into our system.

Entire Agreement

These Terms and Conditions, together with HobbyWave shipping policy, privacy policy, returns policy, warranty policy, security policy, contest and sweepstakes rules, gift certificate rules, coupon rules, and other rules and policies posted on the site, which are hereby incorporated as if set forth fully in these Terms and Conditions, constitute the entire agreement between you and HobbyWave with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and HobbyWave with respect to this site. Any rights not expressly granted in these Terms and Conditions are reserved.

General

In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms and Conditions will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and HobbyWave as a result of these Terms and Conditions or your use of this site. The waiver by HobbyWave of one breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default. Please note making any kind of purchase from HobbyWave, phone order, online order, mail order, you do agree to this terms and conditions.


 
HobbyWave Models Limited - The Newage Hobby Store