Terms and Conditions
Welcome to Trainsandmore.com. Trainsandmore.com provides services to you subject to the following conditions. If you visit, play games, or shop at Trainsandmore.com, you accept these term and conditions. Please read them carefully. In addition, when you use any current or future Trainsandmore.com service you also will be subject to the guidelines and conditions applicable to such service or business.
FREE SHIPPING
Trainsandmore.com offers FREE SHIPPING on most orders of $40.00 or more shipped to the contiguous United States. A real-time shipping fee for either UPS or the US Postal Service must be selected for orders shipped to Alaska, Hawaii and internationally. These orders cannot be shipped for free.
In most cases, our free shipping is via UPS ground service. However, there are occasions when the USPS is used to ship media such as books, videos, and DVDs. When we ship via USPS Media Mail the delivery time may be longer than what UPS guarantees.
NOTE: Oversized items are NOT eligible for FREE shipping even if their cost is over $40 (see Oversized Shipping below). Products considered oversized are clearly labeled as such in the product detail page description. NORMAL SHIPPING
When orders are less than $40.00 we charge a flat rate of $7.50 on any orders shipped to the contiguous United States. A real-time shipping fee for either UPS or the US Postal Services must be selected for orders shipped to Alaska, Hawaii, and internationally.
EXPEDITED SHIPPING
Trainsandmore.com can ship your order via any of the UPS or US Postal Service premium services at an additional charge. These services include Next Day Air, Second Day Air and Third Day Air.
OVERSIZED SHIPPING
Several of the items offered at Trainsandmore.com are large and heavy items that qualify for oversized shipping through both UPS and the US Postal Service. These items DO NOT qualify for our free shipping policy even if they exceed $40. For these items, you will be required to select a real-time shipping rate for any of the available UPS and US Postal Service options.
DROP SHIPMENTS
Some of the larger items offered at Trainsandmore.com that are not regularly stocked are shipped directly from the manufacturer. These include, but are not limited to, the Thomas and Friends Play Tables and the John Deere ride-on toys. When you order an item that is shipped from the manufacturer, we work with them to ship your order as quickly as possible. However, based on the availability of stock and their shipping schedules, we cannot quote delivery times on our web site. You may call us at 1-973-812-1255 to discuss these orders and we will work with you and the manufacturer to meet your delivery needs. Due to the additional costs the manufacturer charges us to drop ship your items, we must charge a flat $15.50 for all drop shipped items even if the purchase price of these items is over $40.
TAXES
At this point IRS does not tax Internet sales, except for those sales made to residents of the sate of New Jersey . Since TrainsandMore.com operates in NJ, we must charge sales tax to our New Jersey neighbors.
RETURN POLICY:
We sell only the highest quality products at trainsandmore.com, but, if for any reason, you are unhappy with your product you may return it to us, unopened, within 30 days for a refund. Please note that shipping fees cannot be refunded nor can we refund your purchase for non-defective products if the product has been removed from its original packaging.
To return a product please package it securely, and mail it to us at the address below. To ensure receipt by Trains and More, we recommend that you send the product back to us via UPS or another carrier that offers a package tracking service. Also, please make sure you provide us with your packing slip or a copy of your invoice so we may credit your credit card accurately. Please send returns to:
Trains and More
Returns Department
101 E. Main Street, Bldg. 13
Little Falls, NJ 07424
If your original purchase qualified for FREE shipping (order total over $40.00) and your return brings your order total under $40.00, you will be charged the original shipping charge.
If you refuse delivery of a package, due to customer error, we will credit your card LESS the UPS shipping costs.
DAMAGED PRODUCTS:
If an item arrives damaged or is missing pieces, we will replace the item as quickly as possible. Please call us at 1-973-812-1255.
Lifetime guarantee on Thomas the Tank Engine wooden railroad products:
All Thomas wooden railway products are covered by Learning Curve's Guarantee for Life. For Learning Curve items that need to be replaced or repaired, call 1-800-704-8697. You may also write to them at:
Learning Curve International, L.L.C.
314 West Superior Street
Chicago, IL 60610
If you need further assistance in replacing a defective item, please let us know.
Trainsandmore.com and its affiliates attempt to be as accurate as possible. However, Trainsandmore.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Trainsandmore.com itself is not as described, your sole remedy is to return it to Trainsandmore.com in unused condition.
This site is provided by Trainsandmore.com on an “as is” and “as available” basis. Trainsandmore.com makes no representations of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the fullest extent permissible by applicable law, Trainsandmore.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant liability and fitness for a particular purpose. Trainsandmore.com does not warrant that this site, its servers, or e-mail sent from Trainsandmore.com are free of viruses or other harmful components. Trainsandmore.com will not be liable for any damages of any kind arising from the use of this site or the information, content, materials, or products included on this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply and you might have additional rights.
By visiting Trainsandmore.com, you agree that the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Trainsandmore.com or its affiliates.
Any dispute relating in any way to your visit to Trainsandmore.com or to products you purchase through Trainsandmore.com shall be submitted to confidential arbitration in a location in New Jersey chosen by Trainsandmore.com. This includes to the extent you have in any manner violated or threatened to violate Trainsandmore.com's intellectual property rights. Trainsandmore.com may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Trainsandmore.com reserves the right to make changes to its site, policies, and these terms and conditions at any time. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term and condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and condition.
Trainsandmore.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Trainsandmore.com only with the involvement of a parent or guardian. Trainsandmore.com does, however, welcome children to our site for the sole purpose of playing interactive games developed for their personal enjoyment. It is strongly recommended that there be parental supervision while children play games on the site.
When you visit trainsandmore.com or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Visitors may submit suggestions, ideas, questions, and other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Trainsandmore.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you submit material, and unless we indicate otherwise, you grant trainsandmore.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant trainsandmore.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Trainsandmore or its affiliates for all claims resulting from content you supply. Trainsandmore.com has the right but not the obligation to monitor and edit or remove any activity or content. Trainsandmore.com takes no responsibility and assumes no liability for any content posted by you or any third party in our message boards, chat rooms, or on any other portion of our Website.
Trainsandmore.com grants you the non-exclusive right to access and make personal use of this site, revocable by trainsandmore.com at any time, but not the right to download (other than page caching) or modify the site, or any portion of it, except with the express written consent of Trainsandmore.com. This revocable and non-exclusive right does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information or the contents of this site for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose or any other purpose without the express written consent of trainsandmore.com.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of trainsandmore.com and our affiliates without the express written consent of trainsandmore.com. You may not use any meta tags or any other "hidden text" utilizing trainsandmore.com's name or trademarks without the express written consent of trainsandmore.com. Any unauthorized use terminates the permission granted by trainsandmore.com to use this site.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of trainsandmore.com so long as the link does not portray trainsandmore.com its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any trainsandmore.com logo or other proprietary graphic or trademark as part of the link without the express written permission of trainsandmore.com.
Trainsandmore.com and its affiliates reserve the right to refuse service, remove or edit content, or cancel orders in their sole discretion.
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