Terms & 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 listed on our websites to you. Please 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.
You should print a copy of these terms and conditions for future reference.
If you have any questions about these terms and conditions or do not wish to accept them, please contact our Customer Services Department at firstname.lastname@example.org or 0151 207 1400.
1. INFORMATION ABOUT US
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3. CONSUMER RIGHTS
3.2 To cancel a Contract, you must inform us using our returns form. You must also return the Product(s) to us immediately, in the same condition in which you received them, in the original packaging and at your own cost and risk. 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.
3.3 You will not have any right to cancel a Contract for the supply of personalised or perishable products, video, audio or software products which have been unsealed by you, or products we have specified as non-returnable.
3.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
4. AVAILABILITY AND DELIVERY
5. RISK AND TITLE
5.2 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.
6. PRICE AND PAYMENT
6.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out on our delivery information page.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 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. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching 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 dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.6 Payment for all Products must be by credit card, debit card or Paypal. We accept most major cards, however we do not accept American Express or Diner's Club.
7. WEEE REGULATIONS
8. OUR REFUNDS POLICY
(a) because you have cancelled the Contract between us within the seven day cooling-off period, we will process the refund due to you as soon as possible after we receive the Product from you and, in any case, within 30 days of the day we receive the Product from you. In this case, we will refund the price of the Product in full, excluding the delivery cost. You will also be responsible for the cost of returning the item to us.
(b) for any other reason, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. 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 were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
8.2 If you are returning a Product to us, you are responsible for the safe delivery of the Product back to the address specified in our response to your returns request. We therefore recommend using a tracked, insured shipping method. Please refer to our Returns Policy for further details.
8.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. OUR LIABILITY
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
9.3 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.
9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 9.4.
10. IMPORT DUTY
10.2 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.
11. WRITTEN COMMUNICATIONS
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.2 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.
13.3 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.
14. EVENTS OUTSIDE OUR CONTROL
14.2 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.
14.3 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.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 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 12.
17. ENTIRE AGREEMENT
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.2 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 Dispatch 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).
19. LAW AND JURISDICTION
REPAIR TERMS & CONDITIONS
These Terms & Conditions (T&Cs) govern the service of your product by Power Tool Centre Ltd. (“PTC”).
1. A £10.00 quote fee will be taken for all, out of warranty repairs. This is for the diagnosis and disassembly of the item. If you proceed with the service this £10 will be deducted from the final repair total. If you do not proceed with the service this will not be refunded, and your product may be returned in the faulty condition without any responsibility upon PTC.
2. PTC will service your product as described and for the charges quoted on the repair quote including any applicable VAT. You acknowledge that your device may be sent out by common carrier to be serviced by an external service provider.
3. If service requires labour and/or parts not previously specified, PTC may seek your approval of a revised estimate. If you do not agree that PTC may revise the charges, your product will be returned in the faulty and unrepaired condition without any responsibility upon PTC.
4. PTC warrants (1) that the service will be performed with all reasonable skill and care and (2) that, for a period of ninety (90) days from the date of service, all parts used to service your product will be free from defects in materials and workmanship, unless otherwise specified by PTC. In the event of breach of the warranty in this section 4, We will either (i) re-perform the service, (ii) repair or replace the part, or (iii) refund the cost of the service provided. In order to claim under the warranty you must return your product to the store with your receipt or repair order.
5. You must collect your product and pay all charges due within thirty (30) days after being notified by Power Tool Centre Ltd. that your repair has been completed. If you do not, We may notify you that we consider your product abandoned and if you do not collect it and pay any outstanding charges within a further thirty (30) days, Power Tool Centre Ltd. will dispose of it in accordance with applicable law. It is important that you check your details on your receipt/email at the time of booking to ensure that we have your correct contact details. We will not be held responsible for any inaccuracies in the details provided.
6. If PTC is in breach of these T&Cs, it will only be responsible to you for any loss or damage that you suffer to the extent that such loss or damage was a foreseeable consequence to both you and PTC at the time you agreed to these T&Cs. Further, PTC will not be liable to you for any loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation.
The foregoing limitations shall not apply to PTC's liability for: (a) death or personal injury, (b) fraud or fraudulent misrepresentation, or (b) any liability which by law cannot be excluded or limited. Nothing in these T&Cs will reduce your statutory rights relating to faulty or misdescribed goods.
7. These T&Cs are governed by English law.
8. These T&Cs are the only ones that govern PTC’s service of your product.