Terms and Conditions for Use

Your access to and use of the Overlander Batteries web site is subject to these Terms and Conditions, which we may update from time to time. The onus is on you to periodically review these terms for applicable changes. Your use of this site after we post any changes to these terms constitutes your agreement to those changes. If you have any questions about these terms, you can let us know by e-mailing Overlander at sales@overlander.co.uk

1. THE USE OF OUR WEB SITE BY CHILDREN

1.1 Children under the age of 13 are not permitted to register to use the interactive features of our web site such as signing up for e-mail notifications or any other features which collect personal information. Please refer to our Privacy Policy for information on the types of information we collect in the registration process from children that are between the ages of 13 and 17.

2. WEB SITE CONTENT

2.1 All content on the Overlander web site, including art work, graphics, images, screen shots, text, Overlander downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ('Content') is the property of Overlander and its licensors and is protected in the U.K. and internationally under trademark, copyright, and other intellectual property laws. Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by Overlander subject to license, or subject to the provisions of trademark law. Users of the Overlander web site are expressly forbidden to misuse any Overlander content or any third party content that appears on the web site.

2.2 You agree not to display or use any Content for any commercial purpose, in any publications, in public performances, in connection with products or services that are not those of Overlander Batteries, in any manner that is likely to cause confusion among consumers, that disparages or discredits Overlander and/or its licensors, that dilutes the strength of Overlander or its licensors' property, or that otherwise infringes Overlander or its licensors' intellectual property rights.

3. REPRESENTATIONS, WARRANTIES, AND ACKNOWLEDGMENT

3.1 Overlander Batteries makes no representations about the reliability of the features of the Overlander web site, and disclaims all liability in the event of any service failure. You understand and accept that any reliance on such material and/or systems will be at your own risk. Overlander makes no representations regarding the amount of time that content on its site will be preserved.

3.2 Our web site is provided on an 'As is, as available' basis. No warranties, express or implied, including but not limited to those of merchantability or fitness for a particular purpose, are made with respect to our web site or any information or software therein. Under no circumstances, including negligence, shall Overlander Batteries be liable for any incidental, special, or consequential damages that result from the use of or inability to use our web site, nor shall Overlander Batteries be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond Overlander Batteries' reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorised access to our web site, records, programs, or services. In no event shall Overlander Batteries' total liability for all damages, losses, and causes of action exceed five Pounds Sterling (£5.00).

3.3 You agree to indemnify and hold Overlander Batteries, its parents, subsidiaries, officers, employees, and web site contractors harmless from any claims and expenses, including reasonable legal fees, related to your violation of these Terms and Conditions or Policies and Procedures, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.

3.4 Both you and Overlander Batteries acknowledge and agree that no partnership is formed and neither of you nor Overlander has the power or the authority to obligate or bind the other.

3.5 These Terms and Conditions will be governed by and construed in accordance with English law.

Overlander Policies and Procedures

4. ORDER PROCESSING

4.1 CREDIT CARD ORDERS

4.1.1 Overlander accepts most major credit and debit cards as payment, including American Express, on orders shipping to anywhere in the world. When using your credit card, please provide your credit card billing address if different from the shipping address and daytime phone numbers. If the billing address or security code does not match that which is on file at the financial institution or if authorisation is not given for any reason, we reserve the right to cancel the order without notification. We cannot work out credit card problems with the financial institution; you must settle problems with them and reorder once the problem is resolved. Repeated attempts to authorise your credit card on the same order may result in an additional charge. We do not assume any responsibility for bank fees incurred by using a Debit Card for your purchase and/or return credit.

4.2 PERSONAL CHEQUE POLICY

4.2.1 While we attempt to bank-approve personal cheques for immediate shipment, this may not always be possible and we may hold your order for 10+ business days. To ensure that your order is shipped as quickly as possible, please send a Postal money order, or use your credit card. Customers whose cheques are returned to us because of insufficient funds will be charged £12.00 for handling in addition to the amount of the cheque. If it becomes necessary for us to use a Solicitor or collection agency, you will be responsible for all collection fees.

4.3 PURCHASE ORDERS

4.3.1 We accept most institutional purchase orders (military, government, schools and universities). You can either FAX or mail your P.O. A simple application for purchase order customers must be filled out and approved before we can process your order. We cannot accommodate all special shipping requests. Please inquire before placing your order.

4.4 PARENTAL VERIFICATION OF ORDERS

4.4.1 New customers under the age of 18 must have a parent or legal guardian present to verify any order placed by phone before an order will be processed. Also, our phone representatives may limit the length of inquiry calls.

4.5 INTERNATIONAL ORDERS

4.5.1 All payments must be in the form of Pounds Sterling (£). Under no circumstances will we falsify invoices or shipping labels. Customer is responsible for any applicable taxes, duties or custom fees. Inquiries regarding possible fees should be directed to your local authorities. Refused packages will affect your return credit. See Credits and Balance dues.

4.5.2 Please send payment in the form of an International Money Order in Pounds Sterling (£), or use your credit card. Please do not request that we falsify invoices or suppress tariff codes or country-of-origin information.

4.6 BACKORDERS

4.6.1 We 'backorder' out-of-stock goods whenever possible, unless you specify that you do not want an item backordered. Certain sale goods, products with uncertain availability, and discontinued items may not be backordered. We only charge our shipping charge once per order and will not charge you twice for orders containing backorders. Backorders shipped to international addresses, will incur special shipping charges with each shipment. We will only ship back orders via an 'express' method at the customer's request. We do not assume back orders are to be dispatched 'express shipping' when requesting express for in-stock goods. Backorders shipped at our expense will be shipped via the most economical carrier.

4.7 QUESTIONS ABOUT RECENTLY PLACED ORDERS

4.7.1 If you have placed an order with Overlander recently and need some information about it there are a number of ways to contact us. Please note that since we begin processing your order immediately after receiving it, we are unable to make changes or cancel the order once it is placed. Once your order invoices, it has entered our dispatch process and cannot be changed or canceled.

4.8 CREDITS AND BALANCE DUES

4.8.1 Some pre-approved returns that fall outside of policy may be limited to goods credit only. Any credit not redeemed nor refunded within a one-year period will be assessed a service charge fee. Any outstanding balance dues will be applied to your next order. We cannot give credits for goods unless we have proof of receipt. Any charges Overlander incurs as a result of a refused shipment, will be adjusted from the return credit.

4.8.2 Any credits left on your account with us can be used toward a future order. At your request, we will issue a refund cheque for any outstanding credit on your account generated by an order paid for by cheque or money order. If the order was paid by credit card, we will credit your credit card account. We will only credit the original credit card used on the order. If you no longer have that credit card, you will need to contact the issuing bank to work out arrangements. We may be able to assist you in obtaining the bank's phone number. There are a number of ways to contact us.

5. RETURNING GOODS

5.1 GENERAL RETURNS

5.1.1 Distance Selling Regulations:

5.1.1.1 Under the terms of the Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel your purchase agreement with Overlander Batteries provided that you give written notice of your intent to cancel within seven working days from the day after that on which you receive the goods.

5.1.1.2 Overlander Batteries must refund your money within 30 days of receiving the written notice of cancellation.

5.1.1.3 If you cancel the agreement, you must ensure that you take "reasonable care" of the goods supplied and return them to Overlander Batteries at your own expense.

5.1.1.4 Overlander Batteries will not pay for or refund the cost of returning the goods.

5.1.2 When Distance Selling Regulations Do Not Apply:

5.1.2.1 We will accept goods for return that were purchased from Overlander within 30 days of receipt. The goods must be in new and unused condition and in its original packaging. We do not accept returns via COD or any other collection method. COD packages will be refused. Packages billing Overlander without authorisation will result in actual shipping charges billed back to sender unless other prior arrangements were made. There is no restocking fee for qualified returns. Mounting and running a motor, charging or cycling rechargeable batteries, installing radio parts in a model, cutting up balsa sheets in kits, installing software or discarding the packing material are some examples of what constitutes used goods.

5.2. DAMAGED RETURNS

5.2.1 Damaged goods include items that have been damaged in shipping. If a shipment arrives at your door with apparent shipping damage, please refuse the delivery. If you have already accepted delivery and then find shipping damage, please call our Sales/Customer Service line immediately. Save all packaging material and paperwork; do not throw anything away! If you attempt to return the goods yourself, you will jeopardise our chances of making a claim, and you may not receive credit for the return.

5.3. DEFECTIVE RETURNS

5.3.1 If the item you wish to return is inoperable, but has no apparent damage, it is considered defective. Manufacturer defects found after the product has been used revert to the manufacturer's warranty and they should be returned to us. Please do not return goods without authorisation, we suggest you call our Sales/Customer Service line before taking any action.

6. DESPATCH

6.1 Overlander uses a variety of parcel carriers, we reserve the right to choose the carrier and are unable to accommodate requests for preferred carriers. Once the order has dispatched, we must allow the carrier a reasonable time frame to deliver. Overlander and/or the carrier reserve the right to request a signature for proof of delivery.

6.2 We cannot demand a parcel carrier to leave a package. Once the package is successfully delivered, we are not responsible for theft or damage to the goods. When using a forwarding company, we are not responsible for lost or damaged goods after the forwarding company has accepted delivery. The forwarding company must report shipping damage for a claim to be filed. We are not responsible for delays in express delivery orders due to weather conditions and/or attempted deliveries. Export documentation will not be provided. Know who you are receiving a package form or forwarding a package to! If you accept a package that was purchased with a fraudulent credit card, you will be in possession of stolen goods. You may be responsible for any legal or collection action related to the shipment.

7. LIMITS OF RESPONSIBILITY

7.1 We accept no responsibility for crash damage and/or loss of kits, motors, accessories, etc. incurred during operation of a radio-controlled model. In most cases it is very difficult or impossible to determine whether crash damage was actually due to radio equipment failure or to operator error. Also, we cannot be held responsible for any purchased components that are incorporated into radio systems or problems caused by incompatibility between radio components, parts, and repairs not completed by the appropriate manufacturer's authorised repairer, etc.

7.2 It is impossible to guarantee product compatibility for product recommendations. We provide information and suggestions to the best of our abilities based on the information available to us at the time. We are unable to guarantee successful outcomes.

7.3 Model airplane performance claims typically apply to density altitudes under 3,000 feet above sea level. If you will be flying your aeroplane above this, additional considerations such as motor power, choice of propeller and aircraft weight should be taken into consideration.

7.4 Additional policies may exist. Policies are not limited to those on this page. Call Sales/Customer Service with any questions.

8. PRICE AND/OR DESCRIPTION CHANGES

8.1 All prices, pictures and descriptions on this site and all other Overlander publications are subject to change. Overlander maintains no responsibility for inadvertent errors. In the event of typographical errors on our site or in our publications, Overlander reserves the right to cancel or refuse orders at its sole discretion. Please contact us within 30 days regarding price or promotion discrepancies.