1. INFORMATION ABOUT US
DJM Tools&Industrial Supplies Ltd. We are registered in England and Wales under company number 4507745 with our registered office, Unit 12, Western Road Industrial Estate, Stratford upon Avon, Warwickshire CV37 0AH. Our VAT Reg Number is 307 1545 81.
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. 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.
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).
4.3 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, 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. 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 The ownership of the goods remains with us and we reserve the right to dispose of the goods until you have paid in full all goods which have been supplied at any time to you. Until such payment has been made in full you will hold the goods on our behalf and will be under an obligation to return them to us on demand. You will permit us to enter any land or premises of yours to recover our goods.
7. PRICE
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 exclude VAT and 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 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.
8. PAYMENT
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.
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 20% 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. PRIVACY POLICY
11.1 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.
11.2 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.
11.3 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.
11.4 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.
11.5 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. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
12.2 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.
12.3 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.
13. EVENTS OUTSIDE OUR CONTROL
13.1 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).
13.2 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.
13.3 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.
14 CONDITIONS
14.1 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.
14.2 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.
15. 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.
