Kit Parts Direct
TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website http://www.kitpartsdirect.com (our site) to you.
Please print off and read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1. INFORMATION ABOUT US
http://www.kitpartsdirect.com is a site operated by Tool Shop Direct Ltd. We are registered in England and Wales under company number 06675028 and with our registered office 788- 790 Finchley Road London NW11 7TJ and main trading address at Matrich House, Goulton Street, Hull, HU3 4DD . our VAT number is 948 7611 79.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the Despatch Confirmation) together with an invoice for those Products despatched. The contract between us (Contract) will only be formed when we send you the Despatch Confirmation.
3.2 The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
4.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in the same condition in which you received them, and at your own cost and risk.
4.3 You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.4 You will not have any right to cancel a Contract for the supply of any products that have been used by you and cannot be resold because of your use of those Products.
5. AVAILABILITY AND DELIVERY
5.1 It is our aim to deliver Products within 3 working days for delivery in the UK, 5 working days for delivery in Europe and 10 working days for delivery in the rest of the world calculated from receipt of funds and assuming that the Products you have ordered are available in our warehouse to despatch to you. These time periods however are estimates only and deliveries beyond this date will not be grounds to cancel your order unless we fail to deliver the Products to you within a reasonable time or as a consumer you exercise your right to cancel in accordance with condition 4 above.
5.2 Whilst we cannot guarantee delivery within the time periods specified at condition 5.1, if you have not received your Products after this period has expired, please contact us by sending an email to firstname.lastname@example.org with your order number to hand. We will advise you of the present position and endeavour to ensure you receive the Products as soon as is reasonably possible.
5.3 Be advised that if you are trading with us as a consumer, we have a statutory obligation to deliver Products to you within a maximum period of 30 days of the date of the order acknowledgement after which you have the right to cancel your order and receive a full refund of the purchase price.
5.4 The quantity of any Products as recorded by us on despatch from our premises shall be conclusive evidence of the quantity received by you on delivery unless conclusive evidence to the contrary can be provided to us. For the avoidance of doubt, any signature given to any courier by any person other than yourself at the delivery address confirming receipt of the Products shall not be deemed conclusive proof of non - delivery.
6. RISK AND TITLE
6.1 The Products will be at your risk from the time we deliver the products to you.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due and will be provided to you once you have provided the delivery address to us on our online ordering system. Depending upon where we are asked to despatch the goods to and depending on the weight and size of the Product, delivery costs may vary and where the cost for arranging delivery is higher than the cost advised to you on our website, we will advise you of this and give you the opportunity to cancel your order.
7.3 Where you require delivery to be made outside of the UK mainland, please check the special delivery box for details of delivery charges or contact us email@example.com
7.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order acknowledgement.
7.5 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. All offers are subject to availability unless otherwise stated on a countdown and are for a limited period only. These offers are advertised in good faith and Tool shop Direct will not be held liable if we are unable to supply the goods at the “offer Price”. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
7.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.1 Payment for all Products can be made by credit or debit card. We accept payment by Delta, Maestro, MasterCard or Visa.
8.2 On receipt of your order we will automatically deduct the cost of the Products together with delivery charges from your card within 24 hours of receiving your order.
8.3 Where necessary pursuant to these terms and conditions, we are also able to cancel or refund individual items of your order should this become necessary in order to comply with our obligations to you.
8.4 You may also order products on our website and pay for them by cheque. In such circumstances your order will be placed on "hold" until we receive your cheque and have obtained cleared funds to our bank account. Once received we will then send to you an order acknowledgement and proceed to make arrangements for delivery.
9. OUR LIABILITY
9.1 As we do not manufacture any of the Products on our website, we will endeavour to transfer to you the benefit of any warranty or guarantee given to us by our suppliers.
9.2 We warrant to you that any Product ( purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied for a period of 12 months.
9.3 Our general liability for losses you suffer as a result of us breaking this agreement in any way is strictly limited to the purchase price of the Product you purchased and any losses which are a reasonably foreseeable consequence of us breaking the terms of this agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order was accepted by us.
9.4 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
10. OUR REFUNDS POLICY
10.1 Subject to clause 10.4, when you return a Product to us:
(a) because you have exercised your rights as a consumer and cancelled the Contract between us within the seven-day cooling-off period (see condition 4.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full to you, excluding the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you claim that the Product is defective or does not comply with the warranties as set out at clause 9.2), we will examine the returned Product and will notify you with our view on whether you are entitled to obtain a refund, repair or replacement Product via e-mail within a reasonable period of time.
10.2 If any Product is alleged to be defective or does not conform with any of the warranties in condition 9.2, you must return the Product to us for inspection initially at your own cost.
10.3 Where we are satisfied that the Product is defective or does not comply with the warranties in 9.2, we shall at our option either arrange the repair or replacement of such Goods and refund you your reasonably incurred expenses in returning the product to us. If however you are a consumer you will also have the additional right to request a full refund of the purchase price paid for the Product subject to clause 10.4 together with the delivery costs we originally charged you when purchasing the product and any reasonably incurred delivery costs you incurred in returning the Product to us.
10.4 If you return a Product to us, in a used condition (except where you allege the Product is defective) and/or without all the original packaging and any relevant instruction manual or documents, we shall not be able to sell the returned Product as new and therefore you agree that in such circumstances where we agree to make a refund of the price paid to you, we shall have a right to deduct from any such refund the net loss of profit we shall suffer as a direct consequence. Be advised however that the amount we shall deduct shall never exceed 15% of the amount paid by you for that Product.
10.5 Where we agree to make a refund to you, we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund for the defective Product.
10.6 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. IMPORT DUTY
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12.1 We may use information that you provide to us in the following ways:
· To ensure that content from our site is presented in the most effective manner for you and for your computer.
· To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
· To carry out our obligations arising from any contracts entered into between you and us.
· To allow you to participate in interactive features of our service, when you choose to do so.
· To notify you about changes to our service.
12.2 When processing your order through our website, all personal data, including your card number and other personal details are transmitted over secure connections, meaning that no-one can 'eavesdrop' and capture your details. In addition to this, your card details cannot be viewed by us at all as they are simply transmitted over the bank's private network for authorisation and payment transactions. As such you are protected because the transaction was processed on the basis 'Cardholder not present.' This means that any payments will be refunded to your card should it be later established that your card has been used fraudulently by someone else or you do not receive what you ordered.
12.3 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
12.4 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site and as such any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
12.5 We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
12.6 For the same reason, we may obtain information about your general internet usage by using a session cookie file which is stored on the hard drive of your computer. Session cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
· To estimate our audience size and usage pattern.
· To store information about your preferences, and so allow us to customise our site according to your individual interests.
· To speed up your searches.
· To recognise you when you return to our site.
12.7 You may refuse to accept session cookies by activating the setting on your browser which allows you to refuse the setting of session cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse session cookies, our system will issue session cookies when you log on to our site.
12.8 We guarantee that apart from seeking authorisations to debit your credit or debit card, we will not pass your details to any other company without your permission.
12.9 In the event that we would like to share your details with third parties, we will first contact you by phone or by email to gain your consent. Any personal data will not be transferred out of the EEA. If you do not give us your consent, all information received from you will be kept completely confidential and will not be disclosed to any other party except to verify your credit or debit card.
12.10 The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
13. WRITTEN COMMUNICATIONS
13.1 English law requires that some of the information or communications we send to you should be in writing. As such, when using our site you accept that communication with us will be mainly electronic.
13.2 We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14.1 All notices given by you to us must be given to in writing at our registered office address which is UNIT 5 THE SHINE KNOWLEDGE & INNOVATION PARK ST MARKS STREET HULL HU8 7FB.
14.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. TRADE ACCOUNTS
21.1 Where we have granted you the status of "Trade Account", these terms and conditions shall be deemed to supplement the Trade Account Terms and Conditions which shall also be incorporated into the terms of any order for Products purchased on our website.
21.2 For the avoidance of doubt, in the event of any conflict, inconsistency or contradiction between any of these terms and conditions and any of the terms and conditions of a "Trade Account", you agree that the Trade Account Terms and Conditions shall take precedence.
22. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.