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Tools & DIY TERMS AND CONDITIONS

 


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE


These terms apply to all goods supplied by Tools & DIY, whose location is at: 95 Askew Road, London W12, 9AS.
No contract exists between you and Tools & DIYfor the sale of any goods until Tools & DIYhas received and accepted your order and Tools & DIYhas received payment in full (in cleared funds). Once Tools & DIYdoes so, there is a binding legal contract between us.
An acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken. If an error is found in confirming your payment you will recieve email notification, it will then continue as detailed in the point above.
Tools & DIYmay change these terms of sale without notice to you in relation to future sales.



The description and price of the goods you order will be as shown on Tools & DIY's website at the time you place your order.
The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, Tools & DIY will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
Every effort is made to ensure that prices shown on Tools & DIY's website are accurate at the time you place your order. If an error is found, Tools & DIYwill inform you as soon as possible and offer you the option of reconfirming your order at the correct price.
In addition to the price, you may be required to pay a delivery charge for the goods.


Payment for the goods and delivery charges can be made by any method shown on Tools & DIY's website at the time you place your order.
There will be no delivery until cleared funds are received.
Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by Tools & DIYto you.



The goods you order will be delivered to the address you give when you place your order, this at the moment has to correspond with your card details.
Orders placed before 2:00 pm on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
If items are temporarily out of stock, we will try our best to send your order out within 2/3 days. If we are unable to do this we will email you to reconfirm your order, It can take up to 5 days to get items in stock. However within this period if you wish to cancel, you can send us a reply email from the 'order confirmation email' stating you wish to cancel your order. If the items are not ready to ship, we will delete your order at no charge and email a confirmation of this. However please be aware that we can only do this if your transaction has not been authorised and the order is not ready for shipping. When your transaction has been authorised you will recieve a email, confirming that your order will be shipped that working day evening. At this point we cannot cancel your order.
If delivery cannot be made to your address for reasons under Tools & DIY's control Tools & DIYwill inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of Tools & DIY) then without prejudice to any other right or remedy available to Tools & DIY, Tools & DIYmay: store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations Tools & DIY shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, Tools & DIY will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, Tools & DIY will inform you as soon as possible.
Time for delivery shall not be of the essence. The goods may be delivered by Tools & DIYin advance of the quoted delivery date.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If you are unable to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.



The goods are at your risk from the time of delivery
Ownership of the goods shall not pass to you until Tools & DIY has received in full (in cash or cleared funds).
Tools & DIYshall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from Tools & DIY.


For Trader Customers 

If you are a trader customer until ownership of the goods has passed to you, you must:
store the goods (at no cost to Tools & DIY) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as Tools & DIY's property;
not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on Tools & DIY's behalf for their full price against all risks to the reasonable satisfaction of Tools & DIY. On request you shall produce the policy of insurance to Tools & DIY; and
condition and keep them insured on Tools & DIY's behalf for their full price against all risks to the reasonable satisfaction of Tools & DIY. On request you shall produce the policy of insurance to Tools & DIY; and
hold the proceeds of the insurance, on trust for Tools & DIY and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.

If you are a trader customer your right to possession of the goods shall terminate immediately if:
you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
you encumber or in any way charge any of the goods.



You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods, you must give written notice to Tools & DIYby letter, fax or e-mail, at the fax number or e-mail address shown below, quoting 'RMA or RETURNS', giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Tools & DIYat your own cost. The goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
Once you have notified Tools & DIYthat you are cancelling the contract, Tools & DIYwill refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
If you do not return the goods as required, Tools & DIY may charge you a sum not exceeding the direct costs of recovering the goods.
You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned.


All goods supplied by Tools & DIYare warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by Tools & DIY, failure to follow Tools & DIY's instructions, or any alteration or repair carried out without Tools & DIY's approval.
If the goods supplied to you are damaged on delivery, you should notify Tools & DIYin writing via the e-mail address or fax number shown below within 7 days.
If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify Tools & DIYin writing via the e-mail address or fax number shown below, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.



Tools & DIY's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the goods.
Nothing in these conditions excludes or limits the liability of Tools & DIYfor death or personal injury caused by Tools & DIY's negligence or fraudulent misrepresentation.
If you are a trader customer Tools & DIYshall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.


Tools & DIYwill take all reasonable precautions to keep the details of your order and payment secure but unless Tools & DIY is negligent, Tools & DIYwill not be liable for unauthorised access to information supplied by you.


These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.



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95 Askew Road,
London,
W12 9AS,
UK.