Terms and Conditions
High Peak Models (t/a High Peak Models UK)
CONDITIONS FOR THE ONLINE SALE OF GOODS
We draw your attention to these terms and conditions which apply
whenever you buy goods from us online. Please read them carefully before
you proceed to make your purchase as they explain important information about
the basis on which we will sell goods to you. By placing an order you
agree to be bound by these terms and conditions. You may wish to print and keep
a copy of these terms and conditions for your records.
In these Terms:
our website at www.highpeakmodels.co.uk
the goods we will supply to you in accordance with these Terms and Conditions
an order which you place with us, detailing the Goods you wish to buy
Peak Models, trading from 6 Ella Mews, Lower Lane, Chinley, Derbyshire, SK23 6EU
NUMBER 221 7297 19
means you, the person using our
Website to buy Goods from us.
1. How these Terms and Conditions apply
1.1 The Terms and Conditions (“Terms”) apply when you buy Goods on
the Website. They apply to all Orders. We may amend the Terms from time to
time and it is your responsibility to read these Terms each time you use this
1.2 When you use the Website, we may gather information about you and your
visit to the Website. Information about this can be found in our cookies
and data protection policies. Those documents together with these Terms form
the contract between us (“Contract”).
2. About this Website
2.1 The information on this Website is in English, all communications shall
be in English and the Website is designed to comply with English law. You
may be viewing the Website in a market in which we do not commonly sell our
goods and we cannot be held responsible for non-compliance with any local
advertising or other laws in relation to this Website or its content.
2.2 You can write to us at the address shown above. Our contact
telephone number is. Currently a
showroom is under construction and updates will be made as such time its
2.3 We take care to provide information on our Website which is as accurate
as possible. However, sometimes there may be errors on our Website or the
specification from a manufacturer may change. We also aim to ensure
that product images are accurate but there may be slight variations between the
Goods and the images shown with regard to colour and product contents. All
images are therefore provided for illustration only. If you purchase
something which is based on information on our Website which is incorrect, we
will usually refund the item.
3. Our agreement for the sale of goods
3.1 The Website displays Goods for sale and gives information about
them. By advertising Goods on the Website, we are inviting you to place an
Order. If you place an Order, we are not obliged to accept it and the
Contract between us will only be formed if and when we accept your Order.
3.2 You may include any number of items in an Order, subject to any
restrictions we may stipulate from time to time. Each Order which you place is
a separate Contract between us.
3.3 Any terms and conditions which you may refer to at any other time shall
have no effect. Any variation of the Contract must be confirmed in writing
4. The ordering process
The following explains the process you will go through to place an Order
and how the Contract for the sale of Goods will be formed.
Step 1 – Choosing your Goods
You can select Goods for purchase by clicking on the items you are
interested in and then clicking on “Add to Basket”. Please read the entire
product description and consider any other items that may be required in order
for that product to operate.
Step 2 – Reviewing Your Basket
You can review the products added to Your Basket and change the
contents. You can also enter a promotional code or gift voucher
number. Entering a valid promotional code and clicking ‘Validate Codes’
will update the total. You will also be given delivery options on this page.
Step 3 – Going to Checkout and Customer registration
Once you have finished shopping, you can proceed by clicking on ‘Go To
Checkout’ or 'Checkout with PayPal' (PayPal Express). At this stage, you
will be asked whether you agree to these Terms.
If you select 'Go To Checkout' you will then be asked if you are a new
or returning customer. To register you will be asked for your contact and
billing details and to create a password. We will then store that
information so if you place further Orders, you will not need to re-enter all
your details and you will be remembered as a returning customer. Returning
customers will be asked for a password and email address to login, each time an
Order is placed. If you select 'Pay with PayPal' we will automatically create
your registration, unless a previous registratiuon has been completed, based on
the information provided by PayPal. You will be asked to confirm the delivery
address of the Order.
Step 4 – Order Summary and Payment Information
You will then see your Order summary. Please check the
details very carefully and correct any mistakes or change the Goods which you
want to Order.
If you selected 'Go to Checkout' you will be asked to choose a payment
method and then will be taken to the appropriate page depending on how you wish
to pay. Please enter all payment details correctly and check the
information carefully before placing your Order. Once you confirm the
payment details, your Order will be placed and if paying by PayPal the payment
will be taken. If you have selected Card payment, no payment will be taken until
we dispatch the Order.
Step 5 – Order Confirmation
Once we have confirmation that payment is authorised, a screen will
appear, thanking you for your Order. We will send to you an Order
acknowledgement email detailing the Goods you have ordered. Print a copy of
the Order acknowledgement email and keep it for your records.
5. Orders we may decline
5.1 We may refuse an Order if we decide it is reasonable to do so which may
5.1.1 we are unable to obtain authorised payment or the payment process is
5.1.2 we identify a product or pricing error on the Website; or
5.1.3 you fail to meet any criteria for eligibility of purchase which we
5.1.4 you fail to submit all necessary and relevant details to allow us to
fulfil the Order; or
5.1.5 Goods are unavailable or out of stock.
5.2 We may contact you by telephone or email to verify details before we are
able to process and dispatch your Order or we may be unable to accept
it. For example, we may do this if your Order is of particularly high
value, or, if paying by Card, you request a different delivery address.
5.3 The Goods shown on this Website are intended for private use and you
must not resell Goods in bulk or offer them as a commercial enterprise. We
may at any time, limit the total value of Goods which can be included in an
6. Price and payment
6.1 Prices and delivery charges are as shown on the Website at the time of
Order. Prices include VAT where applicable and are in pounds sterling by
default. You may view prices in different currencies on our Website but Orders
are always charged in pounds sterling and you should verify any applied
exchange rate before placing your Order. Delivery charges are shown separately.
6.2 We may amend prices at any time. Where there is a difference
between a price at the time the Order is made and when it is accepted by us, we
will inform you by email or phone and ask if you wish to proceed. If you
decline and for any reason payment has already been taken, it will be
6.3 Offers and promotions on the Website are subject to availability and we
may change or withdrawn them at any time without notice. Additional terms
may apply, details of which will be displayed.
6.4 We must receive payment for the Goods in full before they are
6.5 We accept payment via Paypal and most major credit and debit cards
including Visa and Mastercard or bank transfers. You must only use a card if
you are the named cardholder. By placing an Order, you confirm that you
are the authorised cardholder. All credit and charge card holders are
subject to validation and security checks as well as authorisation by the card
issuer and any additional terms imposed by the issuer. If the issuer does
not authorise payment, we will not accept your Order and will not be liable for
any delay or non-delivery.
6.6 Goods which are out of stock at the time we receive an Order, will be
held as a backorder. Any backordered Goods will be shipped when they become
available to us. If Goods are no longer available, the Order will be cancelled
and where required a refund will be issued. If we do not have sufficient
stocks of Goods, we will notify you by email or phone. We will do this as
soon as possible and by no later than 30 (thirty) days following the initial
Order date. We will not be responsible for any compensation if Goods which
you order are not available for any reason.
6.7 While we try to ensure that all prices on our Website are accurate,
errors may occur. In the case of obvious error in the price of Goods you have
ordered we will inform you as soon as possible and give you the option of
reconfirming your Order at the correct price or cancelling it. If we are unable
to contact you we will treat the Order as cancelled. If the Order is
cancelled and you have already paid for the Goods, you will receive a full
6.8 For items with a future release date, the price may be subject to change
between the time of Order and the date the item is dispatched. If we
discover a rise in the price of such Goods we will inform you as soon as
possible and you may reconfirm your Order at the revised price or cancel. If we
cannot contact you, we will treat the Order as cancelled. If so and you have
already paid for the Goods, you will receive a full refund. If the
price is lower on the release date, your Order will automatically be adjusted
to the lower price.
If You Change Your Mind
7.1 You have a right to cancel the Contract for any reason at any time
within a 14 (fourteen) day cancellation period. That fourteen day period begins
on the day after you (or any person who you nominate to take delivery), receive
the Goods. This is the “cooling off period”.
To cancel, you may tell us in writing. . You can also inform
us by post or e-mail. Alternatively, you can simply return Goods to us during
the fourteen day cooling off period instead. Our details are:
High Peak Models (trading as High Peak Models UK)
6 Ella Mews
Email address: firstname.lastname@example.org
7.2 To meet the cancellation deadline, it is enough if you tell us that you
want cancel before the cooling off period has expired.
7.3 You must also keep the Goods in a re-saleable condition (i.e. not fitted
or used, dirty or muddy), in their original packaging. You should send back the
Goods or hand them over to us without undue delay and in any event not later
than 14 days from the day on which you tell us you wish to cancel. The deadline
is met if you send back the goods before the period of 14 days has
expired. We also ask that you send a copy of your receipt when you return
the Goods. It is also helpful if you can give a reason for a return though this
is for our information only and will not affect your rights.
7.4 If you exercise your rights, we reimburse you without undue delay not
later than14 days after the day we received the Goods back from you or (if
earlier) 14 days after the day you provide evidence that you have returned the
Goods or if there were no Goods supplied, 14 days after the day on which we are
informed about your decision to cancel.
7.5 Reimbursement is usually via the same method as the original payment
but we may use a different method which we both agree to. You will not incur
any fees as a result of the reimbursement. We will withhold reimbursement
until we have received the Goods back.
7.6 We will refund the full price of the Goods plus any delivery charge you
paid when we sent the Goods to you. However, if you paid for an enhanced delivery
service, we will not reimburse those additional delivery charges which you
7.7 If you ordered more than one product and you want to return only some
items you may not be entitled to a refund of the delivery charge.
7.8 The cooling off rights will not apply in the case of bespoke or special,
made to order Goods.
7.9 You are responsible for the cost of returning Goods to us.
7.10 If you do not return the Goods, we may arrange for collection and
recover from you our direct costs of doing this either by reducing the amount
of the refund by the collection cost or otherwise as is reasonable. This
will not affect your rights if the Goods are faulty.
7.11 You must take good care of the Goods while in your possession. If
you fail to do so and the value of the Goods reduces as a result of how you
handle the Goods before exercising your cooling off right, we may withhold the
amount which may otherwise have been due to you as reimbursement and recover
that amount from you up to the amount of the price you paid to us under the
7.12 This does not preclude your right to handle the Goods to properly look
at them as you may otherwise do in a shop to look at the Goods and their
7.13 When you return Goods you remain responsible for them until we receive
them back. You should therefore ensure that Goods are well packaged and
7.14 You should avoid attaching postage labels or similar to the packaging
directly. Please wrap Goods first before attaching any labels.
7.15 We shall not be obliged to accept returns following the end of the
cooling off period but if we do, it shall be at our discretion and subject to a
Faulty, incorrect, missing or damaged Goods
7.16 The Goods usually come with a manufacturer’s warranty. The scope and
duration of the warranty varies from product to product and will usually cover
manufacturing defects but not damage cause by crashing, abuse, water ingress or
general wear and tear or if Goods have been misused, altered or repaired
without our approval. You should refer to the terms of the warranty
supplied with the Goods. You may contact us in the first instance
and we will usually inspect the Goods and may be able to deal with your query
through a phone call or email. You should not make any further use
of Goods where you discover a defect as this may affect your rights under the
manufacturer’s warranty. Any Goods which need to be returned for
these purposes should always be clean and not covered in dirt. You should
also complete any warranty card details to claim under a manufacturer’s
warranty and provide a copy of your receipt together with a note detailing the
problem and the reason for the return.
7.17 You should inspect the products when you receive them for defects or
damage. Items delivered by courier which are clearly damaged on delivery must
be signed for as such or refused and returned to us.
7.18 Where Goods have been damaged in transit but we are not immediately
notified in accordance with Clause 7.10, please let us know as soon as possible
and in any event within three days of the day on which you received the damaged
item. All such damaged Goods should be returned to us, should be in
their original packaging (even if damaged) and must not be used or fitted (as
appropriate). You should also provide a copy of your receipt and avoid
attaching postage labels or similar to the packaging directly. Please wrap
Goods to be returned first, before attaching labels.
7.19 If we have dispatched an incorrect item, we will make an exchange and
pay agreed costs of returning the item. For large or valuable
items, please contact us in the first instance and we will arrange a courier
instead where we feel this is appropriate.
7.20 Non-delivery of an Order needs to be reported to us within 7 working
days of the date of dispatch. Dispatch is confirmed by
e-mail. If an item is lost in transit, we may not dispatch a
replacement immediately. Resent or replacement items will be dispatched at our
discretion or subject to availability, once all tracking and investigative
avenues have been exhausted. This may include waiting up to 30-45 days from
dispatch for undelivered mail to be returned to us, depending on the delivery
7.21 Any refund will also include delivery charges. If we do not
find any fault or defect then your cancellation and refund rights are limited
to those set out also in Clauses 7.1 to 7.14 above though this does not affect
your statutory rights.
7.22 You must take good care of the Goods while in your possession. If
you fail to do so and the value of the Goods reduces as a result of how you
handle the Goods before returning them to us and where you have caused the
damage as opposed to that damage being cause in delivery then we reserve our
right to withhold that amount which may otherwise have been due to you.
7.23 If you return Goods either because you believe they are faulty or
because you change your mind, we ask that Goods you return require a form of
proof of posting.
8. Our Liability
8.1 Nothing in this contract or elsewhere will exclude or limit our
liability for death or personal injury caused by our negligence or any
liability for fraudulent misrepresentation or fraud or liability which we are
responsible for in relation to consumer protection rights or for any other
matters which it would be illegal for us to exclude. Your statutory
rights are not affected.
8.2 To the extent that we are liable to you in respect of breach of contract, for
negligence or for any other legal liability in relation to the goods or this
contract or otherwise, our total liability to you will be limited to the price
of the goods paid by you for those goods which are the subject of the liability
and any reasonable losses which are foreseeable as a direct consequence of us
breaking our contract with you.
8.3 Except unless we explicitly state elsewhere, we shall not be responsible
for any indirect or special losses which happen as a side effect or consequence
of any main loss or damage or for anything which we or you could not reasonably
anticipate. This includes but is not limited to the following, however
8.3.1 Loss of money, profit, income or revenue;
8.3.2 Loss of savings;
8.3.3 Wasted expenses;
8.3.4 Loss of use of money;
8.3.5 Wasted time costs;
8.3.6 Lost opportunity;
8.3.7 Compensation for disappointment or inconvenience.
8.4 It is very important that you follow all instructions for the use of the
goods and that you read and adhere to all warnings and other product
information which is supplied with the goods. This includes information which
accompanies any spare parts or ancillary items such as batteries or
motors. You should read all such information before beginning to use the
goods. We will not under any circumstances be liable for any failure by
you to follow instructions properly, or for any incorrect or improper use of
the goods and you should satisfy yourself that items are suitable for the type
of activity that you wish to use them for.
9.1 We aim to deliver Goods within the indicative timescales on our
Website. However, we cannot guarantee delivery times, for example if
things beyond our control happen. Therefore we will not be responsible if
Goods are delivered outside indicated timescales and we will not be liable for
the consequences of delay. We will however, deliver Goods without
unnecessary delay and within 30 days from the date of your Order unless an item
is out of stock or subject to future release (see below). If we are
unable to deliver the Goods within the indicated timescale, we shall use
reasonable efforts to tell you and give an updated delivery
9.2 If you order more than one product, we do not guarantee that all Goods
will be delivered in one delivery and we may deliver in instalments.
9.3 Ownership of Goods will only pass to you when we receive full payment
including delivery charges. Goods will be at your risk from the time of
delivery and you should therefore take reasonable care of them.
9.4 Goods will be delivered to the delivery address provided in the Order
process. You must provide a valid address for delivery. The delivery
method we use may vary depending on the nature and number of Goods. We
shall select the most appropriate delivery method for the Goods.
9.5 We will pass your delivery details, which will include your personal
details, to our third party couriers. By providing such details, you
specifically agree to us using them for these purposes.
9.6 International orders are shipped using a trackable and insured carrier
service where applicable.
11.1 We will not be in any way responsible to you for a failure to sell Goods
which you wish to buy or otherwise for a failure to comply with our obligations
or any costs or liabilities you incur as a result of any circumstances beyond
our reasonable control including but not limited to if we are affected by
matters beyond our reasonable control, by way of example only flood, fire,
trade dispute, lack of third party materials or services.
11.2 The Contract between us is binding and our obligations are owed to you,
our named customer only. We may transfer or assign our rights and
obligations under the Contract or appoint third parties to assist us at any
time provided that this will not reduce our obligations to you.
11.3 If any clause of this Contract is found in any way to be void by a Court
or other competent authority then all other clauses of the Contract will
continue to apply.
11.4 If either of us does not at any time act on any rights we have, it will
not affect the rights of either of us to enforce any rights at a later
stage. If either of us chooses not to rely on a right which we have, it
will not affect any other rights which either of us has.
11.5 This Contract is subject to English law and we each agree that any
dispute arising under or connected to it will be decided by the English
courts. If you are a consumer in an overseas jurisdiction, this will not
affect your rights to bring a claim in your local courts or otherwise affect
any statutory or other local law protections which you have.
11.6 No changes to the Contract will bind us unless we agree to them in
writing. Where you have already placed an Order which we have accepted,
the Contract will remain subject to the version of the Terms which were in
place at the time at which you placed the Order.
11.7 Nothing in these Terms seeks to exclude or limit any rights available
under applicable law which cannot be excluded or limited. This means that
these Terms will not change any rights which the law grants to you which that
law does not allow us to change or limit.
11.8 A person who is not party to this Contract shall have no right under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of it which
means that only we and you have rights under it. This does not affect any
right or remedy of any person which exists or is available otherwise than under
11.9 The Contract is the entire agreement and understanding between us and
all other statements and terms whether written or verbal are excluded to the
fullest extent that the law permits.
11.10 We are committed to trying to achieve your complete satisfaction as our
customer. If you have any complaints please contact or write to the address
11.11 These Terms are not intended to set out the full extent of your rights
either in relation to your cooling off rights or other consumer
rights. Your Local Citizens Advice or similar will be able to provide you
with more information about your legal rights.
12. As of 21/01/16 HPI racing UK was placed into administration and as such any product purchased of HPI will no longer carry the two years manufactures warranty
13. Pre-order items or Special orders - If you place a pre order or bespoke order with High Peak Models, cancellation of such order is at the discretion of high peak models and will incur a 35% (of total order) administration charge. Further to this if couriers have been booked or item dispatched then the purchaser is liable for these costs and as such will be deducted from the purchase amount. Any payments made to third party brokers (such as paypal) will also be deducted