Terms & Conditions
Terms and conditions below do not affect your statutory rights, they apply to all forms of ordering (including postal & telephone)
- Special Delivery Is Guaranteed (By Royal Mail) For Next Day Delivery After Despatch– Not From Order Date.
- We will never commit to a guaranteed delivery deadline. While we can promise to despatch on time, we cannot promise a specific delivery date.
- If a parcel has to be redelivered due to customer error then another delivery charge will be made.
- We do not offer any guaranteed delivery times and we do not offer any compensation for any delay.
- 90% of our items are brand new however; we specialise in rare and limited editions, as such they may not be brand new but 2nd hand(we endeavour to ensure they are of a high standard) we pride ourselves that these products are in excellent condition, they come with our FULL warranty (excluding commissioned work warranty)
- Limited Editions are Not guaranteed to come with the certificate.
- Prices are subject to change due to Taxation Changes or production price changes.
- We reserve the right not to supply and to do so without providing any explanation.
- All commissions require full payment before the work is undertaken; charges will be incurred if subsequent orders are cancelled before delivery.
- If sending an item for work, we request removing loose detailing/ paperwork etc. We cannot be held responsible for these items becoming lost or damaged.
- Additional Services (Tail Lamp Modification/ Working Oil Lamps) Require The Locomotive to be sound fitted, this is due to the work involved.
- All prices include VAT where applicable.
- We will deduct VAT on goods sent to selected non-EU countries (£10 Admin Charge applies for each transaction). VAT reduction must be asked for by the customer at the time of order or else will not be applied and cannot be reclaimed.
- Some pictures are for illustration purposes only to show an example of the product. This is stated on the product description.
- We will refund any money due to you within 30 days of receipt of the returned item, only when this has been agreed previously.
- Any postal charges & service charges are not refundable.
- Any complaints must be done within 7 days of receipt of the item; complaints must be documented via e-mail to firstname.lastname@example.org
- It is the customers responsibility to fully check and test their order upon receipt and notify Olivia’s Trains before making any modifications. If additional modifications are undertaken by the customer after receipt of a model this will void any warranty with Olivia’s Trains should any problems or issue arise afterwards.
- All commission work undertaken has a warranty of 1 year; this does not cover customer negligence or manufacturers faults.
- Work undertaken to repair faults caused by customer are NOT under warranty and will incur charges for repair and postage.
- Olivia’s Trains are not held responsible for manufacturer’s defects/ faults or customer negligence; we can repair these at cost to the customer.
- Overseas Shipping charges are not shown, this is calculated during the order (due to weight changes/ size limits)
- All goods are shipped via Royal Mail unless requested otherwise.
- All goods are sent via a recorded delivery as proof of postage.
- We Cannot be held responsible for Delays caused by postage.
- Our recorded/ special delivery service comes with the minimum insurance value as specified by Royal Mail.
- It is the customer’s responsibility to claim any lost items caused by royal mail.
- Additional insurance if required must be specified by the customer and paid for.
- Olivia’s Trains is not held responsible for loss/ damage caused during postage.
- We are unable to refund or replace items until they are received by ourselves – you are advised to insure the parcel you Must contact us before returning, failure to do so will result in delays.
- We do not accept returns on commissioned items.
- Returns are Not accepted Unless you contact us first, we will repair/ replace where necessary. If return is agreed we will refund as Shop Credit or exchange to the original purchase price (excluding P&P & Service Charges)
- We will repair/ replace faulty items if necessary.
- Warranty work is returned to the customer via Royal Mail Recorded Delivery (UK) if a customer wishes an alternative delivery method (such as Special Delivery or Parcelforce 48hr) this is chargeable (Regardless of reason for return.)
- Refunds will not cover services/ additional work e.g. sound fitting and postage.
- Olivia’s Trains is not responsible for paying the customer return P&P, we recommend returning the item in the box it was sent to you..
- If returned item is found to be without fault, we will contact the customer and will require payment for return postage.
- All information is collected lawfully and in accordance with the Data Protection Act 1998. Information is for the use of Olivia’s Trains in operating our retail business and is used solely for this purpose. In accordance with the Privacy & Electronic Communications Act – “We do not send random marketing emails to personal email addresses (spam- we detest it!) we use e-mail addresses to inform the customer of changes & despatch. If you do not wish for details to be retained. Please inform us.
- We require certain data- Name, Address & product purchased for database/ warranty reasons.
- If a parcel is lost in transit, you must allow 15 working days (from the day of despatch) before you can proceed with the claim. we will not replace until we are satisfied that this parcel is genuinely lost. We will Replace the item- Not Refund.
- Repairs to Faults/ Damage caused by the customer removing the body (after specialist work done) will be chargeable.
PROTECTING YOUR PRIVACY
CONTENTS OF PRIVACY NOTICE
This Privacy Notice explains in detail the types of personal data we may collect about you when you interact with us. It also explains how we’ll store and handle that data, and keep it safe.
We know that there’s a lot of information here, but we want you to be fully informed about your rights, and how Olivia’s Trains uses your data. We hope the following sections will answer any questions you have but if not, please do get in touch with us.
For simplicity throughout this notice, ‘we’ and ‘us’ means Olivia’s Trains.
- Olivia’s Trains
If you are based outside the UK and order from us, you will be trading with Olivia’s Trains. This Privacy Notice applies to international orders, but there are additional terms for some countries. See section 1.
- Explaining the legal bases we rely on
The law on data protection sets out a number of different reasons for which a company may collect and process your personal data, including:
In specific situations, we can collect and process your data with your consent.
For example, when you tick a box to receive emails.
When collecting your personal data, we’ll always make clear to you which data is necessary in connection with a particular service.
In certain circumstances, we need your personal data to comply with our contractual obligations.
For example, if you order an item from us for home delivery, we’ll collect your address details to deliver your purchase, and pass them to our courier.
If the law requires us to, we may need to collect and process your data.
For example, we can pass on details of people involved in fraud or other criminal activity to law enforcement .
In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests.
For example, we will use your purchase history to send you or make available personalised offers.
We also combine the shopping history of many customers to identify trends and ensure we can keep up with demand, or develop new products/services.
We will also use your email address details to send you direct marketing information by telling you about products and services that we think might interest you.
- When do we collect your personal data?
- When you visit our website and use the website to buy products and services, or in the shop or online.
- When you make an online purchase (in which case we just collect transaction-based data).
- When you purchase a product or service online, in the shop or by phone.
- We will collect and store all of your receipts, guarantees and warranties for you when you make a purchase from Olivia’s Trains
- When you contact us by any means with queries, complaints etc.
- When you ask us to email you information about a product or service.
- Any individual may access personal data related to them, including opinions. So if your comment or review includes information about the Member of staff who provided that service, it may be passed on to them if requested.
- When you fill in any forms. For example, if an accident happens in the shop, a member of staff may collect your personal data.
- When you’ve given a third party permission to share with us the information they hold about you.
- When you use our shopwhich has CCTV systems operated for the security of both customers and Staff. These systems may record your image during your visit.
- What sort of personal data do we collect?
- If you have used our services, an internal account will be created. Data stored will be your name, billing/delivery address, orders and receipts, email and telephone number. For your security, we only retain your 16 digit card number. We will request the expiry date and security number of the card held when each time making an online or by phone.
For example, we collect notes from our conversations with you, details of any complaints or comments you make, details of purchases you made.
We’ll only ask for and use your personal data collected for recommending items of interest and to tailor your shopping experience with us. Of course, it’s always your choice whether you share such details with us.
- Payment card information.
- Your comments and product reviews.
- Your image may be recorded on CCTV when you visit our shop.
- How and why do we use your personal data?
We want to give you the best possible customer experience. One way to achieve that is to get the richest picture we can of who you are by combining the data we have about you.
We then use this to offer you promotions, products and services that are most likely to interest you.
The data privacy law allows this as part of our legitimate interest in understanding our customers and providing the highest levels of service.
Of course, if you wish to change how we use your data, you’ll find details in the ‘What are my rights?’ section below.
Remember, if you choose not to share your personal data with us, or refuse certain contact permissions, we might not be able to provide some services you’ve asked for.
For example, if you’ve asked us to let you know when an item comes back into stock, we can’t do that if you’ve withdrawn your general consent to hear from us.
Here’s how we’ll use your personal data and why:
- To process any orders that you make by using our website, or in the shop. If we don’t collect your personal data during checkout, we won’t be able to process your order and comply with our legal obligations.
For example, your details may need to be passed to a third party to supply or deliver the product or service that you ordered, and we may keep your details for a reasonable period afterwards in order to fulfil any contractual obligations such as refunds, guarantees and so on.
- To respond to your queries, refund requests and complaints. Handling the information you sent enables us to respond. We may also keep a record of these to inform any future communication with us and to demonstrate how we communicated with you throughout. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests in providing you with the best service and understanding how we can improve our service based on your experience.
- To protect our business and your account from fraud and other illegal activities. This includes using your personal data to maintain, update and safeguard your account. We’ll also monitor your browsing activity with us to quickly identify and resolve any problems and protect the integrity of our websites. We’ll do all of this as part of our legitimate interest.
For example, by checking your password when you login and using automated monitoring of IP addresses to identify possible fraudulent log-ins from unexpected locations.
- To protect our customers, premises, assets and Staff from crime, we operate CCTV systems in our shop which record images for security. We do this on the basis of our legitimate business interests.
- To process payments and to prevent fraudulent transactions. We do this on the basis of our legitimate business interests. This also helps to protect our customers from fraud.
- If we discover any criminal activity or alleged criminal activity through our use of CCTV, fraud monitoring and suspicious transaction monitoring, we will process this data for the purposes of preventing or detecting unlawful acts. We aim is to protect the individuals we interact with from criminal activities.
- With your consent, we will use your personal data, preferences and details of your transactions to keep you informed by email, web, text, telephone and through our contact centres about relevant products and services including tailored special offers, discounts, promotions, events, competitions and so on.
Of course, you are free to opt out of hearing from us by any of these methods at any time.
- To send you relevant, personalised communications by post in relation to updates, offers, services and products. We’ll do this on the basis of our legitimate business interest.
You are free to opt out of hearing from us by post at any time.
- To send you communications required by law or which are necessary to inform you about our changes to the services we provide you.
- For example, updates to this Privacy Notice, product recall notices, and legally required information relating to your orders. These service messages will not include any promotional content and do not require prior consent when sent by email. If we do not use your personal data for these purposes, we would be unable to comply with our legal obligations.
- To display the most interesting content to you on our website, we’ll use data we hold about your favourite brands or products and so on. We do so on the basis of your consent to receive app notifications and/or for our website to place cookies or similar technology on your device.
For example, we might offer you recommendations based on your purchase history and any other data you’ve shared with us.
- To develop, test and improve the systems, services and products we provide to you. We’ll do this on the basis of our legitimate business interests.
- To comply with our contractual or legal obligations to share data with law enforcement.
Of course, you are free to opt out of receiving these requests from us at any time by updating your preferences by sending us an email to email@example.com
- To build a rich picture of who you are and what you like, and to inform our business decisions, we’ll combine data captured from third parties and data from publicly-available lists as we have described in the section ‘What Sort of Personal Data do we collect?’ We’ll do this on the basis of our legitimate business interest.
For example, by combining this data, this will help us personalise your experience and decide which inspiration or content to share with you. We also use anonymised data from customer purchase histories to identify trends in different areas of the country. This may then guide which products we display in particular stores.
- Without your personal data, we’d be unable to fulfil your request.
- Combining your data for personalised direct marketing
We want to bring you offers and promotions that are most relevant to your interests at particular times. To help us form a better, overall understanding of you as a customer, we combine your personal data gathered as described above.
- How we protect your personal data
We know how much data security matters to all our customers. With this in mind we will treat your data with the utmost care and take all appropriate steps to protect it.
We secure access to all transactional areas of our websites and apps using ‘https’ technology.
Access to your personal data is password-protected, and sensitive data (such as payment card information) is secured by SSL encryption.
We regularly monitor our system for possible vulnerabilities and attacks, and we carry out penetration testing to identify ways to further strengthen security.
- How long will we keep your personal data?
Whenever we collect or process your personal data, we’ll only keep it for as long as is necessary for the purpose for which it was collected.
At the end of that retention period, your data will either be deleted completely or anonymised, for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.
Some examples of customer data retention periods:
When you place an order, we’ll keep the personal data you give us for five years so we can comply with our legal and contractual obligations. In the case of certain products, such as electrical we’ll keep the data for 10 years.
If your order included a warranty, the associated personal data will be kept until the end of the warranty period.
- Who do we share your personal data with?
We sometimes share your personal data with trusted third parties.
For example, delivery couriers, for fraud management, to handle complaints, to help us personalise our offers to you and so on.
Here’s the policy we apply to those organisations to keep your data safe and protect your privacy:
- We provide only the information they need to perform their specific services.
- They may only use your data for the exact purposes we specify in our contract with them.
- We work closely with them to ensure that your privacy is respected and protected at all times.
- If we stop using their services, any of your data held by them will either be deleted or rendered anonymous.
Examples of the kind of third parties we work with are:
- IT companies who support our website and other business systems.
- Operational companies such as delivery couriers.
- Direct marketing companies who help us manage our electronic communications with you. (Mailchimp)
- For fraud management, we may share information about fraudulent or potentially fraudulent activity in our premises or systems. This may include sharing data about individuals with law enforcement bodies.
- We may also be required to disclose your personal data to the police or other enforcement, regulatory or Government body, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and take the privacy of our customers into consideration.
- We may, from time to time, expand, reduce or sell the business and this may involve the transfer part or whole business to new owners. If this happens, your personal data will, where relevant, be transferred to the new owner or controlling party, under the terms of this Privacy Notice.
- For further information please contact our Data Protection Officer.firstname.lastname@example.org
Our website currently uses the following companies, who will process your some of your personal data as part of their contracts with us:
- Where your personal data may be processed
Sometimes we will need to share your personal data with third parties and suppliers outside the European Economic Area (EEA), such as Australia Canada or the USA. These are mainly couriers and customs an excise organisations.
If you are based outside the UK and place an order with us, we will store the personal data that we collect from you in the UK.
Protecting your data outside the EEA
The EEA includes all EU Member countries as well as Iceland, Liechtenstein and Norway. We may transfer personal data that we collect from you to third-party data processors in countries that are outside the EEA.
For example, this might be required in order to fulfil your order, process your payment details or provide support services.
If we do this, we have procedures in place to ensure your data receives the same protection as if it were being processed inside the EEA. For example, our contracts with third parties stipulate the standards they must follow at all times. If you wish for more information about these contracts please contact our Data Protection Officer.
Any transfer of your personal data will follow applicable laws and we will treat the information under the guiding principles of this Privacy Notice.
- What are your rights over your personal data?
An overview of your different rights
You have the right to request:
- Access to the personal data we hold about you, free of charge in most cases.
- The correction of your personal data when incorrect, out of date or incomplete.
- For example, when you withdraw consent, or object and we have no legitimate overriding interest, or once the purpose for which we hold the data has come to an end (such as the end of a warranty).
- That we stop using your personal data for direct marketing (either through specific methods or all methods ).
- That we stop any consent-based processing of your personal data after you withdraw that consent.
- Review by a Member of staff of any decision made based solely on automatic processing of your data (i.e. where no human has yet reviewed the outcome and criteria for the decision).
You have the right to request a copy of any information about you that Olivia’s Trains holds at any time, and also to have that information corrected if it is inaccurate. To ask for your information, please contact Data Protection Officer, Olivia’s Trains, 25a Mansfield Road, Sheffield S12 2AE, or email email@example.com To ask for your information to be amended, please send a email to firstname.lastname@example.org to update your details or contact our Customer Support email@example.com
If we choose not to action your request we will explain to you the reasons for our refusal.
Your right to withdraw consent
Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.
Where we rely on our legitimate interest
In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation. We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data.
You have the right to stop the use of your personal data for direct marketing activity through all channels, or selected channels. We must always comply with your request.
Checking your identity
To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice. If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.
- How can you stop the use of your personal data for direct marketing?
There are several ways you can stop direct marketing communications from us:
- Send us an email with ‘unsubscribe’ in the subjectto firstname.lastname@example.org
- communication that we send you. We will then stop any further emails.
- Write to Data Protection Officer, Olivia’s Trains, 25a Mansfield Road, Sheffield S12 2AE or send an email to email@example.com
Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.
- How we use your personal data
When you purchase a product or service from Olivia’s Trains, we might receive a copy of the information you supplied. If you agree to receive marketing communications from us, we will use your data to personalise what we send you. You are free to opt out of receiving marketing communications from us at any time.
Find out more about the use of your data for marketing in section 7
- Contacting the Regulator
If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
You can contact them by calling 0303 123 1113.
Or go online to www.ico.org.uk/concerns (opens in a new window; please note we can’t be responsible for the content of external websites)
If you are based outside the UK, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence. Details can be found in Section 16.
- If you live outside the UK
For all non-UK customers
By using our services or providing your personal data to us, you expressly consent to the processing of your personal data by us or on our behalf. Of course, you still have the right to ask us not to process your data in certain ways, and if you do so, we will respect your wishes.
Sometimes we’ll need to transfer your personal data between countries to enable us to supply the goods or services you’ve requested. In the ordinary course of business, we may transfer your personal data from your country of residence to ourselves and to third parties located in the UK.
By dealing with us, you are giving your consent to this overseas use, transfer and disclosure of your personal data outside your country of residence for our ordinary business purposes.
This may occur because our information technology storage facilities and servers are located outside your country of residence, and could include storage of your personal data on servers in the UK.
We’ll ensure that reasonable steps are taken to prevent third parties outside your country of residence using your personal data in any way that’s not set out in this Privacy Notice. We’ll also make sure we adequately protect the confidentiality and privacy of your personal data.
For the purposes of this Privacy Notice, ‘personal data’ means any information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information or opinion is true, and whether or not the information or opinion is recorded in a material form.
If you are in Australia you may submit any questions, comments or complaints to our UK-based Data Protection Officer who will come back to you within 30 days.
If you are contacting us to complain about an alleged breach of this Privacy Notice or our legal privacy obligations, please provide us with as much detail as possible in relation to your complaint.
We will take every privacy complaint seriously and assess it with the aim of resolving all issues quickly and efficiently. We’d be grateful for your cooperation with us during this process by providing us with any relevant information that we made need.
If we have not come back to you within 30 days, or you are not happy with the response that you’ve received, you may submit a complaint to the Office of the Australian Information Commissioner. (opens in a new window; please note we can’t be responsible for the content of external websites.)
We are committed to keeping your personal information secure and will take all reasonable precautions to protect it from loss, misuse or unauthorised access or alteration. However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your personal information.
Nothing in this Privacy Notice restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
As your data may be transferred to third parties outside Canada, local police or other enforcement, regulatory or Government bodies may have access to that data, with or without our knowledge.
The personal data we process may be accessed by staff within the Olivia’s Trains or by our third-party service providers, who require access for the purposes indicated in this Privacy Notice, or as may be permitted or required by applicable law. The personal data we collect is largely held in the UK.
If you have any questions, please contact our Data Protection Officer.
If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal information, you have the right to lodge a complaint with the Office of the Privacy Commissioner of Canada, (opens in a new window; please note we can’t be responsible for the content of external websites) or in some Canadian provinces, your local Privacy Commissioner.
South Korea, Malaysia, Singapore, Qatar
Terms used in this Privacy Notice shall have the meanings assigned to them by the Personal Data Protection Act 2010 (also known as the PDPA).
By placing an order with us, opening an account, browsing our website and/or agreeing to receive digital direct marketing communications, you agree that we may process your personal data as described in this Privacy Notice and our Cookies Notice, including for analytics and research into website use.
When you agree to receive direct marketing emails from us, we’ll send you promotions on products we sell at Olivia’s Trains.
If you are in Hong Kong you may submit a complaint to our UK-based Data Protection Officer who will come back to you within 30 days. If we have not come back to you or you are not happy with the response that you receive, you may submit a complaint to the Office of the Privacy Commissioner for Personal Data.
- Any questions?
We hope this Privacy Notice has been helpful in setting out the way we handle your personal data and your rights to control it.
If you have any questions that haven’t been covered, please contact our Data Protection Officer who will be pleased to help you:
Email us at firstname.lastname@example.org
Or write to us at
Data Protection Officer,
25a Mansfield Road,
Sheffield S12 2AE
Notice Update: 26th April 2018