In these conditions of sale ( "Conditions" ), unless the context requires otherwise:
"we, us and our" means Tools Direct 2 You Ltd T/A ShackTools
"Contract" means each contract for the supply of Goods by us into which these conditions shall be incorporated;
" Card " means the credit or debit card which you use to make payment for the Goods;
" Despatch " means the date on which Goods leave our premises for delivery to the address supplied by you;
" Goods " means the goods which we supply in accordance with these conditions;
" Order " means a purchase order in respect of the Goods issued by you to us; and
" Site " means any website of ours in respect of which these Conditions apply.
1. FORMATION OF CONTRACT
1.1 All quotations are made and all orders are accepted subject to these conditions. These terms may be amended from time to time by us and published on the Site. If you access the Site after changes have been posted, you shall be bound by such changes. We therefore recommend frequent review of these terms.
1.2 All Orders whether placed on the Site or by another method, will be subject to our acceptance in accordance with these terms and conditions. Acceptance of the Order and the completion of the contract between you and us will take place on Despatch to you of the Goods ordered unless we have notified you that we do not accept your order or you have cancelled it.
1.3 Any offers for Goods at discounted prices, including those detailed on the Site, may be available for acceptance by us for a limited period of time as stated in that offer.
1.4 Any quotations shall be available for acceptance for a maximum period of 30 days from the date thereof.
1.5 Where you purchase Goods: via the Site, by clicking on the [I Accept] button at the bottom of these Conditions, you agree to be bound by these Conditions.
2. SITE DISCLAIMER
2.1 We do not promise that the Site will always be available or that its operation will be error free, nor do we accept responsibility for any adverse effects of accessing it, or downloading material from it. This includes any adverse effects from the downloading of viruses; the loss of or corruption to material that is downloaded or of any programs or data already on your system; and web site browser incompatibility problems.
2.2 The Site may contain references to our products or third party products and services that may not be readily available in a particular country. We do not give any warranty that any such products or services shall be available at any time in any particular country.
3.1 Subject to condition 3.3, prices stated by us at the time we receive your order are the prices you pay except where we discover an error in the price of the Goods you have ordered. In this event, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
3.2 Any special offers may only be available for a limited period.
3.3 Except as otherwise stated under the terms of any quotation of ours, and unless otherwise agreed in writing between you and us, prices stated do not include delivery to the location you specify. Where the total value of an order for Goods to be delivered to any mainland address in the UK:
Where Goods are ordered:
(a) and Goods are to be delivered to an address outside the UK mainland, the delivery value may not be available at the time the Order is placed and will be “Customer to be notified”. We shall determine the cost of delivery and notify you prior to delivery;
3.4 We will not take payment or ship Goods until we have received your consent (including but not limited to consent by email or fax) to the cost of delivery.
3.5 We reserve the right to charge you for any additional reasonable cost we incur as a result of any change in delivery dates, quantities or specifications for the Goods which you request, or any delay caused by any of your instructions or your failure to give us adequate information or instructions.
4.1 Subject to any special terms agreed in writing between us and you, liability for payment shall arise during the Online process or prior to Despatch. We may delay Despatch until receipt of authorisation for payment to be taken from any Card provided. Where you have provided Card details, we shall take payment from your Card during the Online process.
4.2 Where Goods are delivered by instalments we may charge at our discretion:
4.2.1 the full value of the Goods upon Despatch of the first instalment; or
4.2.2each instalment separately.
6.1 You are entitled to cancel this Contract by giving us written notice at any point prior to Despatch of the Goods.
6.2 If this Contract constitutes a "distance contract" (i.e. one where you are not physically present with us at the time the Contract is concluded, including without limitation, Contracts entered into via the Site), you are entitled to cancel this Contract by giving us written notice within seven days of the day following the day on which you receive the Goods.
6.3 If you cancel this Contract under condition 6.2 above following delivery, you agree to return the Goods, in their original packaging, to us at your expense or agree to pay our expenses incurred in recovering the Goods.
6.4 If you cancel this Contract under condition 6.1 (where repair or replacement is not available within a reasonable time) we shall refund all sums paid by you to us under this Contract less a reasonable sum for collection of the Goods if you fail to comply with condition 6.2.
8. SITE LINKS
8.1 The Site contains links to various third party websites which may of interest to you. However, we have no control over the content of such websites and we accept no liability for any loss or damage arising as a result of you using or relying upon the information and services obtainable from such websites. Your visiting of any external websites via links from this Site is entirely at your own risk.
8.2 Without limiting condition 8.1, we do not make any representations or warranties as to the security of any information (including credit card and other personal information) you might be requested to give any third party through linked websites and you waive any claim against us with respect of such matters.
8.3 Where it is possible for you to transact through any linked website with a third party, such transactions shall be (and any rights and obligations shall arise) solely between you and the third party.
9. DATA PROTECTION
10.1 Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by pre-paid first class letter post or facsimile transmission. Any notice or document shall be deemed served, if delivered, at the time of delivery; if posted, 48 hours after posting, and if sent by facsimile transmission, at the time of transmission.
10.2 No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.3 The Contract (and any proceedings whereby one party might be entitled to join the other as a third party) shall be governed by and construed in all respects in accordance with English law and the parties hereby submit to the non-exclusive jurisdiction of the English courts.
10.4 The invalidity, illegality or unenforceability of any provision of these conditions in whole or in part shall not prejudice the effectiveness of the rest of these conditions or the remainder of any part of a condition affected.
The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge.
The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK. Recycling reduces the environmental and health risks associated with sending electrical goods to landfill.
We are obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us. Customers must return their like-for-like WEEE item to us within 28 days of purchasing their new item. Under the WEEE Regulations, all new electrical goods should be marked with the crossed-out wheeled bin symbol and be disposed of separately from normal household waste.
If you wish to take advantage of the take-back offer you should send your item at your cost to the address on the contact us page.