Legal - Supply, Use & Privacy


Our terms of business are set out below. Please use the links below to jump to the relevant section.

Website Terms and Conditions of Supply

This page (together with our Privacy Policy and Website Terms and Conditions of Use tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

  1. INFORMATION ABOUT US

    1. We operate the website www.locomotionmodels.com. We are Durham County Council who operate and manage Locomotion, the National Railway Museum at Shildon, in conjunction with the Board of Trustees of the Science Museum. Locomotionís main trading address is at the National Railway Museum at Shildon, County Durham DL4 1PQ, and Durham County Councilís address is County Hall, Durham, DH1 5UL . Our VAT number is 503 5114 96.
    2. To contact us, please see our Contact Us page.
  2. OUR PRODUCTS

    1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
    2. The packaging of the Products may vary from that shown on images on our site.
    3. All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
  3. USE OF OUR SITE

    Your use of our site is governed by our Website Terms and Conditions of Use. Please take the time to read these, as they include important terms which apply to you.

  4. HOW WE USE YOUR PERSONAL INFORMATION

    We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

  5. IF YOU ARE A CONSUMER

    This clause 5 only applies if you are a consumer.

    1. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
    2. We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
    3. As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
  6. IF YOU ARE A BUSINESS CUSTOMER

    This clause 6 only applies if you are a business.

    1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
    2. These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out in these Terms or any document expressly referred to in them.
  7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

    1. The order process on our site clearly sets out the steps required to place on order, and allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
    2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
    3. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
    4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
  8. OUR RIGHT TO VARY THESE TERMS

    1. We may revise these Terms from time to time in the following circumstances:
      1. changes in how we accept payment from you; and
      2. changes in relevant laws and regulatory requirements.
    2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
    3. Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
  9. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER

    This clause 9 only applies if you are a consumer.

    1. If you are a consumer, you have a legal right to cancel a Contract (under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product , you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
    2. However, this cancellation right does not apply in the case of:
      1. any made-to-measure or custom-made products;
      2. newspapers, periodicals or magazines;
      3. perishable goods, such as food, drink or fresh flowers;
      4. software, DVDs or CDs which have a security seal which you have opened or unsealed
    3. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
    4. To cancel a Contract, you must contact us in writing by sending an e-mail to queries@locomotionmodels.com or by sending a letter to Locomotion National Railway Museum at Shildon, County Durham DL4 1PQ . You may wish to keep a copy of your cancellation notification for your own records.
    5. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.5. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
    6. If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
    7. We refund you on the credit card or debit card used by you to pay.
    8. If the Products were delivered to you:
      1. you must return the Products to us as soon as reasonably practicable;
      2. unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us;
      3. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
    9. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Dispatch Confirmation.
    10. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
    11. From time to time selected NRM Exclusive models require a deposit payment of £50 to secure. Deposits are non-refundable. In exceptional circumstances, such as terminal illness or death, deposits may be refunded at the discretion of the Museum Manager. Please send your request in writing to Locomotionmodels.com, The NRM at Shildon, Co Durham, DL4 2RE and/or by email to queries@locomotionmodels.com.
  10. DELIVERY

    1. Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
    2. Delivery will be completed when we deliver the Products to the address you gave us.
    3. If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
    4. The Products will be your responsibility from the completion of delivery.
    5. You own the Products once we have received payment in full, including all applicable delivery charges.
  11. INTERNATIONAL ORDERS

    1. EU Deliveries

      Standard Delivery to a number of EU countries is available, please allow up to 8 days.

      EU countries include: Belgium, Luxembourg, Netherlands, France, Germany, Monaco, Austria, Denmark, Finland, Greece, Italy, Portugal, Spain, Sweden, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Bulgaria, Romania, Republic of Ireland.

    2. International Delivery

      International & Outside the EU Orders are available, please allow up to 15 days.

      There will be restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products. If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

      You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

      You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

  12. PRICE OF PRODUCTS AND DELIVERY CHARGES

    1. The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
    2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
    3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
    4. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time.
    5. Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
      1. where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
      2. if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
  13. HOW TO PAY

    1. You can only pay for Products using a debit card or credit card. We accept all major credit cards and debit cards except Diners Card or Visa Electron.
    2. Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
  14. MANUFACTURER GUARANTEES

    1. Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
    2. If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
  15. OUR WARRANTY FOR THE PRODUCTS

    1. For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2.
    2. The warranty in clause 15.1 does not apply to any defect in the Products arising from:
      1. fair wear and tear;
      2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
      3. if you fail to operate or use the Products in accordance with the user instructions;
      4. any alteration or repair by you or by a third party who is not one of our authorised repairers; or
      5. any specification provided by you.
    3. If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
  16. OUR LIABILITY IF YOU ARE A BUSINESS

    This clause 16 only applies if you are a business customer.

    1. Nothing in these Terms limit or exclude our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
      4. defective products under the Consumer Protection Act 1987.
    2. Subject to clause 16.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      1. any loss of profits, sales, business, or revenue;
      2. loss or corruption of data, information or software;
      3. loss of business opportunity;
      4. loss of anticipated savings;
      5. loss of goodwill; or
      6. any indirect or consequential loss.
    3. Subject to clause 16.1 and clause 16.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products and associated delivery costs.
    4. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
  17. OUR LIABILITY IF YOU ARE A CONSUMER

    This clause 17 only applies if you are a consumer.

    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
    2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. We do not in any way exclude or limit our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
      5. defective products under the Consumer Protection Act 1987.
  18. EVENTS OUTSIDE OUR CONTROL

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
    2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
  19. COMMUNICATIONS BETWEEN US

    1. When we refer, in these Terms, to "in writing", this will include e-mail.
    2. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Locomotion National Railway Museum, Shildon, County Durham DL4 1PQ and/or by email to queries@locomotionmodels.com. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 9, please see that clause 9 for how to tell us this.
    3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
    4. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
  20. OTHER IMPORTANT TERMS

    1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent.
    3. This contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 15, but we and you will not need their consent to cancel or make any changes to these Terms.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    6. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
    7. If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
    8. We will not file a copy of the Contract between us.
Website Terms and Conditions of Use

This is www.locomotionmodels.com, a website ("the Website") operated by Durham County Council who manage Locomotion, the National Railway Museum at Shildon, County Durham DL4 1PQ, in conjunction with the Board of Trustees of the Science Museum. Your use of the Website is subject to the following Terms & Conditions of Use, which you are deemed to accept by using the Website.

  1. Copyright and Trade Marks

    The copyright and all other rights in the material on the Website are owned by Durham County Council and/or Locomotion (or their licensors) and are included with the permission of the owner of the rights. No copying, distribution, broadcast, alteration, or modification of the pages of the Website is permitted without our prior written consent. No use of any name, trade mark (registered or otherwise) of Locomotion, the National Railway Museum, Durham County Council or the Board of Trustees of the Science Museum (or their respective associates)is to be made by you except for the purpose of referring to Locomotion or these associated brands lawfully and in good faith only.

  2. Prohibited use

    You agree not to use the Website:

    • to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from this website except where expressly permitted on the website;
    • to disseminate advertisements or for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services);
    • to transmit or re-circulate any material obtained from the Website to any third party except where expressly permitted on the Website;
    • in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms;
    • to disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    • to disseminate any material which is abusive, defamatory or obscene, may harass, offend or inconvenience any person, applauds, encourages or entices abuse, discrimination or criminal activity or which might restrict or inhibit the use and enjoyment of the Website by any person;
    • to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • in any way that might infringe third party privacy or other rights, is unlawful or that might bring Locomotion, the National Railway Museum, Durham County Council or the Board of Trustees of the Science Museum (or their respective associates)into disrepute; or
    • to post link(s) that take users to material that contravenes any of the above restrictions.
  3. Information and availability

    The information on the Website does not necessarily reflect the views and opinions of Locomotion. While every effort is made to ensure the accuracy and completeness of information on the Website, Locomotion does not warrant the accuracy or completeness of the material on the Website. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given on the Website before relying on them.

    Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind. Locomotion reserves absolutely the right to withdraw or suspend the Website where it deems this to be necessary without notice and will not be liable to you for such unavailability.

  4. Links

    You may not display the contents of the Website (or any page from it) or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent.

    You acknowledge that the content of any other website accessed via an automatic link from the Website is not subject to our control, their owners may be independent from us and we do not endorse or accept any responsibility for the content of any such website.

  5. Computer viruses

    We will use reasonable endeavours to ensure that the Website does not contain or promulgate any viruses or other malicious code. However, we exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website.

  6. Personal Information

    The provision of personal information by you and use of it by Locomotion is subject to our Privacy Policy, which is incorporated in these Website Terms and Conditions of Use.

  7. Liability

    Locomotion, the National Railway Museum, Durham County Council and the Board of Trustees of the Science Museum (and their respective associates)exclude all liability and responsibility for loss or damage that may result to you or a third party (including without limitation, any direct or indirect loss or damage) whether in tort (including without limitation negligence), contract or otherwise arising in connection with the Website or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites.

    Nothing in these Terms & Conditions of Use shall restrict or exclude any liability which cannot be excluded by law and in particular, and notwithstanding any term of these Terms & Conditions of Use, our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way.

  8. Variation of these Terms & Conditions of Use

    Durham County Council and Locomotion reserve the right to vary these Terms & Conditions of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms & Conditions of Use on the Website. By continuing to use the Website you will be deemed to accept such variations.

  9. General

    These Terms & Conditions of Use shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.

    If there is any conflict between these Terms and Conditions and rules/or specific terms of use appearing on the Website relating to specific material then the latter shall prevail.

    In the event that any term of these Terms & Conditions of Use is held to be invalid or unenforceable, the remainder of these Terms & Conditions of Use shall remain valid and enforceable.

Website Privacy Policy Statement

Please follow the link below to see out full privacy statement for the Science Museum Group.

Privacy Policy Statement

Website Postage Policy

Postage charges

UK Orders: we aim to dispatch orders within 24 hours of processing (subject to payment clearing)

Standard: all items sent by Royal Mail first class signed for post. Where total order value is:-

  • £0.00 - £20.00    = £1.50
  • £20.00 - £50.00  = £2.50
  • £50.00- £100.00 = £5.00
  • Over £100.00     = £7.50

Next day Delivery: for a flat fee of £9.00 orders will be dispatched for next day delivery signed for by Royal Mail. Order before 2pm Mon- Fri (weekend not included)

Europe: Flat fee of £16.00 delivery may take up to 10 working days Royal Mail to sign for.