Terms and Conditions
Big Hug Creative Ltd
RCTFB, Passionate about RC
G14 Allen House
Company No. 7049744
VAT Reg No. 979 3522 71
Changes to Terms and Conditions
Big Hug Creative Ltd reserves the right to change these terms and conditions from time to time and they will be displayed on the website. Purchases will be deemed to be governed by the terms and conditions displayed on the website at the time of purchase. Purchase of goods from Big Hug Creative Ltd does not grant you any right other than that of ownership of the product.
All and any information provided by you to Big Hug Creative Ltd will be treated in strict confidence with respect to privacy and according to the terms and conditions of the Data Protection Act.
We take every effort to ensure that the content of the site is accurate and up to date. We reserve the right to amend any errors or omissions at our discretion and will endeavour to do so at the earliest opportunity.
It should be noted that the colours and appearance of artwork or products may vary slightly from the way they appear on the screen, due to the resolution of the images used on the website.
We make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time. We make no warranties or representations about the compatibility of any computers you use to access this website.
Big Hug Creative Ltd has no liability for the content of third party sites reached by means of links from this site.
Big Hug Creative Ltd assumes that you have read these terms and conditions and that, by your continued usage of the site, you accept the terms and conditions.
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.5 “Seller” means Big Hug Creative Ltd with postal address at RCTFB, Passionate about RC. G14 Allen House, The Maltings, Station Road, Sawbridgeworth, Hertfordshire. CM21 9JX United Kingdom, that owns and operates www.rctfb.com;
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 “Website” means www.rctfb.com
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller’s address stated in clause 1.5.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
4 Price and Payment
4.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price does not include delivery charges.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order within the UK.
4.3 Orders to be made outside of the UK will need to confirm delivery charges by email.
4.4 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.5 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
5 Rights of Seller
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 Age of Consent
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7.1 Goods supplied within the UK will normally be delivered within 14 working days of acceptance of order.
7.2 Goods supplied outside the UK will normally be delivered within 28 working days of acceptance of order.
7.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
7.7 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
8 Cancellation and Return
8.1 The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.
8.3 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller within 14 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) if the Goods are in fact defective.
8.4 Goods must be returned by the Buyer at the Buyer’s expense within 14 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (excluding delivery charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
9 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. 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.
10 Damaged/Incomplete Deliveries
If the goods you receive are damaged you must inform us immediately, if you cannot get through on the phone you should email us straight away so this can be logged and the damage reported to the courier. We have to report any damage to couriers within 3 days of receipt or a claim cannot be raised. You are entitled to a reasonable opportunity to examine the goods and we would say that this is a reasonable amount of time for customers to have checked their goods for damage therefore any reports of damage or incomplete deliveries need to be reported within 2 days of receipt.
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. This is not an essential requirement as if you do sign without stating unchecked and then find damage on inspection of the goods we can still make a claim with the courier if you let us know within a reasonable amount of time as stated above it just makes things our end a lot easier in the claim process if customers sign for the goods as unchecked so that the courier doesn't argue that the goods were except in good condition.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 Changes to Terms and Conditions
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15 Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.