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Terms & Conditions

SHIPPING CHARGES

We use UPS Ground and USPS Priority Mail for normal everyday shipping.  The customer is billed for the actual shipping cost, with no addional fees or handling charges, as determined by the carrier once we have your shipment boxed, weighed, and measured.  Faster UPS / USPS shipping is available upon request during the checkout process.  Just put a note in the Special Instructions field during checkout and we will make every effort to accommodate your request.  

With regard to multiple item pre-orders, we do not mind holding items as they arrive to either complete an order or to hold a group of items due to arrive within a close proximity to each other in order to minimize your shipping costs.  We will charge your account as items arrive and then hold them for you until your order is either complete or a shipping point has been reached.  C.T. McCormick Hardware (cttrains) reserves the right to ship items whenever we feel necessary even if your pre-order is not completely filled since different items are sometimes spread over many months on the manufacturers delivery schedules.

For International orders, USPS Priority Mail International is usually the most economical method to ship and is our standard way to ship items that fall within the U.S. Postal Service insurance guidelines.  Shipping charges are billed at actual cost as determined by the carrier with no additional fees or handling charges.  There are limit as far as insuring an international shipment and the customer is ultimately resposible for any liability beyond what the insurance will cover with regard to lost or damaged shipments.  Insurance limits vary by country.  We always insure for the value goods up to the limit allowed.  Items that are valued higher than the U.S. Postal Service insurance allows will be shipped using an alternative company like UPS or FedEx so that the full value or the order can be insured.

DAMAGED MERCHANDISE

We ship all items fully insured.  If you receive a shipment with visible damage to the carton(s), make sure the delivery driver makes a note of the suspected damage before signing for the order.  If internal damage is discovered upon inspection of your order, do not discard any of the shipping cartons and packaging material.  Contact us immediately so we can start the claim process with the carrier.  If you find concealed damage to an item, please call so we can discuss what action will be necessary.  If you have the ability to take pictures of the damage, please email them to us at sales@cttrains.com.  All damage claims must be made within 10 days from the shipping date so please inspect your items as soon as you receive them.

Depending on the cause of the damage, you may have to arrange for the carrier to come to your location and inspect the damaged items AND the packaging materials used for the shipment.  In the case of concealed damage or if an item otherwise is not operating properly upon receipt, we may arrange for the item to be sent directly back to the manufacturer for service or replacement. 

We are not an authorized service station for any of the train manufacturers so we do not have the ability to do repairs here at our store.  Each manufacturer has their own warranty policies and their proceedures must be followed.  While the manufacturers do the best to deliver the best quality products possible, sometimes problems can happen with brand new items.  When requested, we will help our customers get the proper Return Authorization from the manufacturer so the problem item can be returned to them in a timely manner.

RETURNS

For your proctetion and ours, all train sales are final.  If you have a problem with the function or operation of any train sold you must follow the manufacturer's warranty policy for handling the repair.  Unathorized returns will be subject to a 15% re-stocking fee if return is allowed at all.  Shipping costs are not reimbursable for any reason.  When requested, we will help our customers get the proper Return Authorization from the manufacturer so the problem item can be returned to them in a timely manner.

PRE-ORDERS

New catalog pre-orders will require a minimum 10% Non-Refundable, Non-Transferable Deposit (20% on non-stock special order items).  If at any time the manufacturer and/or C.T. McCormick Hardware is unable to deliver the ordered merchandise, the deposit will be refunded in full. Pre-order balance of payment is due upon us receiving the item(s).  A current credit card must be kept on file when there are items on backorder.

CLAIMS ON BACKORDERS

It is not uncommon for pre-ordered items to be postponed by the manufacturer.  If you have any questions regarding pre-ordered items, feel free to contact us by email or phone.  Items canceled by the customer due to manufacturer delays will not have deposit refunded or transferred.

CANCELATION OF ORDER

Orders placed and then later canceled for any reason are subject to a 10% cancelation fee.

LAY-AWAY ORDERS

We offer a free 90 day lay-away program for our customers.  We divide your total order into four equal payments starting with a 25% deposit when the order is generated followed by three additional 25% payments at 30, 60, and finally 90 day increments.  If the order is being shipped, the actual shipping cost will be added to the final payment. If you want your order to be a lay-away, put a note in the Special Instructions field during the checkout process and we will generate the lay-away order during processing.  We will schedule automatic payments at 30, 60, and 90 days using the credit card you provide during checkout.

If for any reason a lay-away extends beyond 90 days, the order will be assessed a 1.5% finance charge to the remaining balance at the first of each month until the balance is paid in full.  Extended terms beyond the 90 day free period must be requested by the customer and C.T. McCormick Hardware has the final say with regard to those terms.  Failure to make a payment within 60 days of your last scheduled payment will result in your order being canceled and all previous payments being forfeited by you the customer.

Pre-orders cannot be transferred to a lay-away.  Customers have the option to make additional pre-order payments beyond the required 10% non-refundable or transferable pre-order depositso that their balance is less when the item(s) arrive.  Lay-away payments are not transferable or cancelable.

MORE GENERAL LEGAL STUFF ABOUT OUR WEBSITE:

AGREEMENT BETWEEN USER AND CTTRAINS

The CT Trains Web Site is comprised of various Web pages operated by CT Trains.

The CT Trains Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the CT Trains Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE UPDATED

CT Trains reserves the right to change the terms, conditions, and notices under which the CT Trains Web Site is offered, including but not limited to the charges associated with the use of the CT Trains Web Site.

LINKS TO THIRD PARTY SITES

The CT Trains Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of CT Trains and CT Trains is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CT Trains is not responsible for webcasting or any other form of transmission received from any Linked Site. CT Trains is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CT Trains of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the CT Trains Web Site, you warrant to CT Trains that you will not use the CT Trains Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CT Trains Web Site in any manner which could damage, disable, overburden, or impair the CT Trains Web Site or interfere with any other party's use and enjoyment of the CT Trains Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CT Trains Web Sites.

USE OF COMMUNICATION SERVICES

The CT Trains Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

CT Trains has no obligation to monitor the Communication Services. However, CT Trains reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CT Trains reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

CT Trains reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CT Trains's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CT Trains does not control or endorse the content, messages or information found in any Communication Service and, therefore, CT Trains specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CT Trains spokespersons, and their views do not necessarily reflect those of CT Trains.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO CT Trains OR POSTED AT ANY CT Trains WEB SITE

CT Trains does not claim ownership of the materials you provide to CT Trains (including feedback and suggestions) or post, upload, input or submit to any CT Trains Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CT Trains, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. CT Trains is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CT Trains's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CT Trains WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CT Trains AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CT Trains WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE CT Trains WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CT Trains AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CT Trains WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CT Trains AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CT Trains AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CT Trains WEB SITE, WITH THE DELAY OR INABILITY TO USE THE CT Trains WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CT Trains WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CT Trains WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CT Trains OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CT Trains WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CT Trains WEB SITE.

SERVICE CONTACT : hcsupport@cttrains.com

TERMINATION/ACCESS RESTRICTION

CT Trains reserves the right, in its sole discretion, to terminate your access to the CT Trains Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the CT Trains Web Site. Use of the CT Trains Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CT Trains as a result of this agreement or use of the CT Trains Web Site. CT Trains's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CT Trains's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CT Trains Web Site or information provided to or gathered by CT Trains with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CT Trains with respect to the CT Trains Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CT Trains with respect to the CT Trains Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the CT Trains Web Site are: Copyright 2020 by C.T. McCormick Hardware and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.