Terms and Conditions

1.These terms

1.1 These Consumer Terms of Sale apply to every order you place with us as a consumer. A consumer is an individual buying wholly or mainly for purposes outside their business, trade, craft or profession.

1.2 If you're buying for a business, trade or profession, our Trade Terms of Sale apply instead.

1.3 Your use of our website is also covered by our Website Terms of Use.

1.4 Nothing in these terms affects your legal rights as a consumer.

2.Who we are and how to contact us

2.1 DIYTools.com is a trading name of The Tool & Gauge Company (UK) Limited, a company registered in England and Wales with company number 07992768. Our registered office, which is also our trading and returns address, is Unit 4 Alpha Trading Estate, Clayton Road, Hayes, Middlesex UB3 1BB. Our VAT number is GB131534937.

2.2 You can contact us by email at sales@diytools.com, by phone on 020 7372 1973 (from outside the UK, +44 20 7372 1973), or on WhatsApp. We're open Monday to Friday, 9:30am to 5:30pm, and closed at weekends and on UK bank holidays.

2.3 If we need to contact you, we'll do so by email or phone using the details you gave us with your order.

2.4 When we say "writing" or "written" in these terms, this includes emails.

3.Placing an order

3.1 You must be 18 or over to place an order on our website.

3.2 To order online:

1. Choose the products you want and add them to your basket.
2. Go to your basket and click to check out. You can check out as a guest or sign in to your account.
3. Enter your delivery address, or choose Click & Collect, and your billing details.
4. Check your order summary, which shows each item, its price, the delivery charge and the total price including VAT.
5. Choose how you'd like to pay, tick to confirm you accept these terms, and submit your order.

3.3 You can check and correct any mistakes in your order at every stage before you submit it. You can change quantities or remove items in your basket, and go back to change your address or other details in the checkout. Please check everything carefully before you submit, as your order summary is the last chance to correct errors.

3.4 These terms and our contract with you are in English only.

3.5 We keep a copy of your order details. We'll also email you an order acknowledgement and, later, a dispatch confirmation, which together set out what you ordered. If you have an account, you can also see your orders under Your Orders. Please keep these emails and a copy of these terms for your records.

4.When our contract is made

4.1 When you submit an order, we'll email you to acknowledge that we've received it. This email is an acknowledgement only. It does not mean we've accepted your order.

4.2 Our contract with you is made when we email you to confirm that your order has been dispatched, or, for Click & Collect, that your order is ready to collect.

4.3 If an item becomes unavailable, or we can't accept your order for another reason, we'll tell you and refund you in full straight away for anything we can't supply.

4.4 If you place a pre-order, you can cancel it at any time before it's dispatched for a full refund.

4.5 Each order is a separate contract. If your order is sent in more than one delivery, each dispatch confirmation forms a contract for the items in it.

5.Products, prices and VAT

5.1 We take care to describe and show our products accurately. Images are for illustration and packaging may vary slightly. This does not affect your rights if an item doesn't match its description.

5.2 Our prices include VAT at the current rate. Our website can also show prices without VAT, but the price you pay as a consumer is the price including VAT.

5.3 The total price, including VAT, delivery and any other charges you have to pay, is shown in your order summary before you pay. We will not add any charge you haven't seen before you pay.

5.4 UK delivery is a flat rate of £7.14 inc VAT (£5.95 + VAT) per order, however many items you order. Delivery to Highlands and islands postcodes is £11.99 inc VAT (£9.99 + VAT) per order instead. The postcodes are listed on our Delivery and Tracking page, and the charge is shown at checkout before you pay. Click & Collect is free.

5.5 If the VAT rate changes between the date you order and the date we dispatch, we'll charge the price you were shown when you ordered.

5.6 Despite our care, a product may occasionally be priced incorrectly. If a price is obviously wrong, we'll tell you before we dispatch your order. You can then choose to go ahead at the correct price or cancel your order for a full refund.

6.Paying for your order

6.1 You can pay by debit or credit card (Visa, Mastercard, American Express and Discover, processed securely by Stripe), PayPal, Google Pay or bank transfer (shown at checkout as Bank Deposit).

6.2 We don't charge any fee for paying by card or any other method.

6.3 Payment is due when you place your order. If you choose bank transfer, we'll process your order once your payment reaches us.

6.4 We never see or store your full card number. Payments are handled by our payment providers.

6.5 Our payment providers carry out automated security checks, which may occasionally decline a payment. If this happens, please contact us and a member of our team will review it.

For more detail, see our Payment Options page.

7.Delivery

7.1 Where we deliver. We deliver across Great Britain, including the Highlands and Scottish islands. We don't currently deliver to Northern Ireland. For the Channel Islands, the Isle of Man or anywhere else outside Great Britain, please contact us for a quote (see our Worldwide Shipping page). We can't deliver to PO Box addresses. Site addresses are fine.

7.2 Delivery times. We dispatch Monday to Friday, not at weekends or on UK bank holidays. Orders placed before 3pm on a working day count from that day. Items shown as in stock are dispatched within 2 to 3 working days, and we send everything on a next working day service with DPD or Royal Mail, so most orders arrive within 3 to 4 working days. Highlands, islands and remote postcodes may take a day or two longer. Some large or heavy items are delivered by pallet or specialist courier and may take longer. Where that applies, it's shown on the product page.

7.3 Tracking. As soon as your order is dispatched we'll email you tracking details. If you have an account, you can also see them under Your Orders.

7.4 Delivery within 30 days. Unless we agree a different time with you, we'll deliver your order within 30 days of the day you place it. If we don't, or we miss a delivery date that was essential to you, you can cancel your order and we'll refund you in full for anything not delivered. This is your legal right under the Consumer Rights Act 2015. You can also cancel at any time before delivery under clause 10.

7.5 Our couriers. We're responsible for the couriers we use to deliver your order.

7.6 Damaged or missing items. Please tell us as soon as you can if anything arrives damaged or is missing, ideally within 48 hours for damage in transit, so we can claim from the courier. Keep the packaging and take photos if you can. Telling us later doesn't affect your rights.

7.7 Failed or refused deliveries. If a parcel can't be delivered, or is refused, and comes back to us, we'll treat your order as cancelled and refund you, including the standard delivery charge. We may deduct the actual cost of the parcel coming back to us. We won't make any deduction if the failed delivery was our fault or the courier's fault.

More detail is on our Delivery and Tracking page.

8.Click & Collect

8.1 Click & Collect is free from Unit 4 Alpha Trading Estate, Clayton Road, Hayes, Middlesex UB3 1BB, Monday to Friday, 9:30am to 5:30pm.

8.2 Please wait until we email you to say your order is ready to collect. Bring your order confirmation and photo ID. We look at your ID, we don't copy it.

8.3 You have the same 14 day right to cancel (see clause 10), starting from the day you collect.

9.Ownership and responsibility for the goods

9.1 We're responsible for your goods until they're delivered to you, or to someone you've asked us to deliver them to, or until you collect them. After that, they're your responsibility.

9.2 You own the goods once we've received payment in full.

10.Your right to cancel (14 days)

10.1 Your right. As a consumer, you have a legal right to cancel your contract for any reason within the cancellation period. You don't have to give a reason, although it helps us if you do.

10.2 How long you have. You can cancel at any time from placing your order until 14 days after the day you, or someone you nominate (other than the courier), receive the goods. If your order arrives in more than one delivery, the 14 days run from the day you receive the last item. For Click & Collect, the 14 days run from the day you collect.

10.3 How to cancel. Tell us clearly that you want to cancel, within the cancellation period, by:

• emailing sales@diytools.com with your name, address and order number;
• calling us on 020 7372 1973;
• using the cancellation form on our Returns and Exchanges page, or the model form below. You don't have to use a form; or
• any other clear statement, for example by letter to our address above.

To meet the deadline, you only need to send your cancellation before the 14 days end. We'll confirm we've received it and send you a Return Reference and our returns address so we can match your parcel quickly.

10.4 Sending items back. You must send the items back to us at Unit 4 Alpha Trading Estate, Clayton Road, Hayes, Middlesex UB3 1BB, quoting your Return Reference, without undue delay and no later than 14 days after the day you tell us you're cancelling. Please pack items securely. Petrol tools must be drained of fuel before you send them.

10.5 Return costs. If you cancel because you've changed your mind, you pay the cost of sending the items back. Please use a service with proof of posting and keep the receipt. Large or pallet items can't normally be returned by post. For these, we'll arrange collection and charge you the actual cost, taken off your refund, up to a maximum of £80 inc VAT. You're welcome to arrange your own carrier instead.

10.6 Handling items. You can handle and check items as you would in a shop. Items don't need to be unused or in their original packaging. But if an item has been used or handled more than is needed to check it, or parts are missing, we may reduce your refund to reflect the loss in value. If we do, we'll tell you why and by how much.

10.7 Your refund. We'll refund the price you paid for the items you return. If you cancel your whole order, we'll also refund the standard delivery charge. If you cancel only part of your order, we won't refund the delivery charge. If you chose a more expensive delivery option, we won't refund the extra cost. We'll refund you using the same payment method you used, and we won't charge you a fee. We'll make the refund within 14 days of receiving the items back, or of you sending us proof that you've posted them, whichever is sooner. If we arrange a collection, we'll refund you within 14 days of the day you tell us you're cancelling. If we then find the item has lost value because it was handled more than needed, we'll tell you why and by how much, and may ask you to pay that amount. If you cancel before your order has been dispatched, we'll refund you within 14 days of you telling us, and in practice straight away.

10.8 Items you can't cancel. The right to cancel doesn't apply to:

• items sealed for health or hygiene reasons, such as disposable masks and respirators, ear plugs and respirator filters, once you've broken the seal; and
• items that have been mixed with other things after delivery and can't be separated, such as two-part adhesives or resins once mixed.

These exceptions never apply if the item is faulty. Sale and clearance items can be cancelled and returned in the normal way.

10.9 Your right to cancel is in addition to your rights if an item is faulty (see clause 11).

11.Faulty, damaged or wrong items

11.1 We are under a legal duty to supply goods that are of satisfactory quality, fit for purpose and as described.

11.2 If you think an item is faulty, damaged or not what you ordered, please contact us rather than the manufacturer. We'll take care of it for you.

11.3 For faulty, damaged or wrong items, we pay the return costs and will send you a prepaid label or arrange collection. We never charge a restocking fee for faulty or wrong items. If you reject a faulty item within 30 days, you get a full refund with no deduction. If you get a refund later because a repair or replacement hasn't fixed the problem, the law only allows a deduction for the use you've had if it's more than 6 months after delivery. We'll explain any deduction before we make it.

See our Returns and Exchanges and Guarantees and Warranties pages for how to make a claim.

12.Manufacturer warranties

12.1 Many products come with a manufacturer's warranty, usually 12 months. Some brands offer longer, and some need you to register your product to get the extended cover.

12.2 A manufacturer's warranty is on top of your legal rights in clause 11. It doesn't replace or reduce them. Exclusions in a manufacturer's warranty, such as misuse, wear and tear, accidental damage or unauthorised repair, apply only to that warranty, not to your legal rights.

12.3 If you use a product outside the UK, a manufacturer's warranty may not cover it, as some warranties are UK only.

13.Knives and bladed items

13.1 We don't sell knives, knife blades, razor blades, axes or other bladed or sharply pointed items through our website, whether for delivery or for Click & Collect.

13.2 If one of these items is shown on our website by mistake and you order it, we won't accept that part of your order. We'll tell you and refund you in full for it straight away.

13.3 These items are available to buy in person at our Hayes premises only, by customers aged 18 or over. We'll check your photo ID before the sale. If you can't show valid photo ID proving you're 18 or over, we can't sell you the item.

14.Our responsibility for loss or damage

14.1 If we fail to comply with these terms, we're responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if it's obvious it will happen, or if, when the contract was made, both we and you knew it might happen.

14.2 We're not responsible for loss or damage that isn't foreseeable.

14.3 We supply products for domestic and private use. If you use them for any business, trade or resale purpose, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

14.4 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for breach of your legal rights in relation to the products, including the right to receive products that are as described, of satisfactory quality and fit for purpose, or any other liability that cannot be limited or excluded by law.

15.Events outside our control

15.1 We're not responsible for delays or failures caused by events outside our reasonable control.

15.2 If this happens, we'll contact you as soon as possible to let you know and do what we reasonably can to reduce the delay. If you've paid for items we can't deliver, we'll refund you.

15.3 If the delay is likely to be prolonged, you can contact us to cancel your order and we'll refund you in full for any items you haven't received.

16.Complaints

16.1 If you're unhappy with anything, please email sales@diytools.com with your order number. We'll acknowledge your complaint within 2 working days and aim to give you a full reply within 10 working days. If we can't resolve it, we'll explain our position in writing.

16.2 We don't currently use an alternative dispute resolution scheme. For free, independent advice, contact the Citizens Advice consumer helpline on 0808 223 1133. You may also be able to use the small claims court.

17.Reviews and content you submit

17.1 If you leave a product review or send us other content through our website, our Website Terms of Use apply. We check every review before it's published, and we never pay for or reward reviews.

18.Old electricals and batteries (WEEE)

18.1 When you buy a new electrical item from us, we'll take your old equivalent item back free of charge within 28 days, on a like for like basis. You can drop it off at our Hayes premises, Monday to Friday, 9:30am to 5:30pm, at no cost, or post it to us at your own cost. Full details are on our Recycling (WEEE) page.

18.2 The crossed-out wheelie bin symbol on a product means it mustn't go in your household waste. Electricals contain substances that can harm the environment and human health, and their materials can be recovered and recycled. Find your nearest recycling centre at recycleyourelectricals.org.uk.

18.3 You can drop old portable batteries off at our Hayes premises or at any battery recycling point.

19.Your personal information

19.1 We use your personal information only as set out in our Privacy Policy and Cookie Policy.

20.Other important terms

20.1 We may transfer our rights and obligations under these terms to another organisation. We'll tell you in writing if this happens, and it won't affect your rights. If you're unhappy with the transfer, you can contact us to end the contract and we'll refund you for any products you've paid for but not received.

20.2 You may only transfer your rights or obligations under these terms to another person if we agree in writing. However, you can pass on to anyone you give a product to our responsibility for that product under clause 11.

20.3 This contract is between you and us. No other person has any rights to enforce any of its terms.

20.4 Each of these terms operates separately. If a court decides any of them is unlawful, the rest will stay in full force.

20.5 If we don't insist straight away that you do something you're required to do under these terms, or we delay taking steps against you, that doesn't mean you don't have to do it and won't stop us doing so later.

21.Which laws apply and where you can bring claims

21.1 These terms are governed by the law of England and Wales, and you can bring legal proceedings about the products in the English courts.

21.2 If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.

21.3 Wherever you live, you keep the protection of any mandatory consumer law that applies where you live.

22.Changes to these terms

22.1 We may update these terms from time to time. The terms that apply to your order are the ones shown on our website when you placed it.

1.Application and definitions

1.1 These Trade Terms of Sale ("Terms") apply to every sale of goods and services by us to any customer buying for the purposes of its business, trade or profession, whether or not the customer holds a trade account and however it pays, including by card.

1.2 By placing an order, you confirm that you are buying for the purposes of your business, trade or profession, and that the person placing the order has authority to bind you. If you are in fact buying wholly or mainly for personal use, our Consumer Terms of Sale apply to that purchase instead.

1.3 These Terms apply to every Contract and override any other terms you try to impose or incorporate, including terms in or referred to in your purchase order, specification or other document, or implied by trade custom, practice or course of dealing. Acknowledging or delivering against your purchase order is acceptance on these Terms only. Other terms apply only if one of our directors signs a written agreement accepting them, or where we have agreed to supply under a framework or tendered contract.

1.4 In these Terms:

• "we", "us" and "our" mean The Tool & Gauge Company (UK) Limited, trading as DIYTools.com;
• "you" and "your" mean the business, firm, organisation or person buying from us;
• "Goods" means the goods we supply to you, and "Services" means any services we supply or arrange, including calibration;
• "Order" means your order for Goods or Services, however placed;
• "Contract" means the contract between you and us for the supply of Goods or Services under these Terms;
• "in writing" and "written" include email.

1.5 Headings don't affect interpretation. Words such as "including" are illustrative and don't limit the words before them.

1.6 These Terms are on our website at diytools.com/terms-and-conditions. Our quotations, order acknowledgements and invoices refer to them, and we'll send you a copy on request.

2.Who we are

2.1 DIYTools.com is a trading name of The Tool & Gauge Company (UK) Limited, registered in England and Wales, company number 07992768, VAT number GB131534937. Registered office: Unit 4 Alpha Trading Estate, Clayton Road, Hayes, Middlesex UB3 1BB.

2.2 Contact us at sales@diytools.com or on 020 7372 1973, Monday to Friday, 9:30am to 5:30pm.

3.Orders and acceptance

3.1 You can order through our website or, for trade customers, by phone or email.

3.2 Your Order is an offer to buy. We accept your Order, and a Contract is formed, when we send you our written order acknowledgement, which refers to these Terms (not an automatic acknowledgement of receipt), or when we dispatch the Goods (or tell you they're ready to collect), whichever happens first.

3.3 We may decline any Order. If an item becomes unavailable or we can't accept your Order, we'll tell you and refund in full, straight away, any payment for items we can't supply.

3.4 You are responsible for making sure your Order, including any part numbers, specifications and quantities, is complete and accurate.

3.5 Once we've accepted an Order, you may only cancel or change it with our written agreement. If we agree, you must pay any costs we've reasonably incurred as a result.

4.Quotations

4.1 A quotation is not an offer. It is an invitation for you to place an Order on the basis quoted.

4.2 Unless the quotation says otherwise, it is valid for 30 days from its date, provided the Goods remain available. We may withdraw a quotation at any time before we accept your Order.

4.3 We may correct any typographical, clerical or pricing error in a quotation, price list, invoice or website listing. If we do so after you've placed an Order, we'll tell you before dispatch and you may go ahead at the corrected price or cancel the Order for a full refund.

5.Prices and VAT

5.1 Unless we state otherwise, our trade prices and quotations exclude VAT. VAT is added at the applicable rate.

5.2 Delivery charges are shown at checkout or on your quotation. Standard delivery within Great Britain is £5.95 + VAT (£7.14 inc VAT) per order unless we quote otherwise. Delivery to Highlands and islands postcodes, as listed on our Delivery and Tracking page, is £9.99 + VAT (£11.99 inc VAT) per order.

5.3 Trade pricing is for approved account customers. We may refuse any order, limit quantities, or withdraw trade pricing at our discretion. This doesn't affect Orders we've already accepted.

5.4 International shipping charges are calculated on the size, weight, destination and service you choose. We always show you the full cost on your quote before you pay.

6.Payment, trade accounts and credit

6.1 Without a trade account. Payment is due in full when you place your Order, by any method offered at checkout or on your quotation.

6.2 Trade accounts. Trade accounts are open to limited companies, LLPs, sole traders, partnerships and public sector bodies. We approve accounts at our discretion, subject to credit checks with credit reference agencies (currently Experian and Creditsafe). For sole traders, partners and directors, this may include personal credit history, and the agency may keep a record of the search. We may ask a director or owner for a personal guarantee, usually where the business is under 3 years old.

6.3 First order. Your first order must be paid up front. This doesn't apply to verified UK public sector bodies. Before a public sector body's first order on credit, we verify the organisation and purchasing contact using official contact details, and we deliver only to the organisation's registered sites.

6.4 Credit limits. We set a credit limit for each account and may change it, or withdraw credit, at any time. We may decline or hold an Order that would take your account over its limit.

6.5 Payment terms. For approved trade accounts, payment is due within 30 days from the invoice date, by bank transfer to the account shown on our invoice. Time for payment is of the essence. For public sector bodies, any payment terms implied by law, including under the Procurement Act 2023, apply.

6.6 Bank details. Our bank details never change by email. If you receive a message saying our bank details have changed, please don't pay. Always phone us on 020 7372 1973 to confirm. We aren't responsible for payments you make to an account that isn't ours.

6.7 No set-off. You must pay all sums due to us in full, without any set-off, counterclaim, deduction or withholding, except as required by law.

6.8 Late payment. If you pay late, we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998. Statutory interest runs at 8% a year above the Bank of England reference rate from the due date until payment. We may also claim fixed-sum compensation of £40, £70 or £100, depending on the size of the debt, and our reasonable costs of recovering the debt as allowed by that Act.

6.9 Suspension. If any payment is overdue, or your account is over its credit limit, we may suspend your account and any further deliveries until you pay, without liability to you.

6.10 Insolvency. If you become insolvent, or we reasonably believe you are about to, or you stop or threaten to stop trading, all sums you owe us become due immediately, even if not yet invoiced or previously agreed credit terms apply. Insolvency includes entering administration, liquidation, receivership, a voluntary arrangement or bankruptcy, being unable to pay debts as they fall due, or any similar process in any country.

6.11 Legal limits. Clauses 6.9, 6.10 and 10.4 apply only so far as the law allows, including any restriction under section 233B of the Insolvency Act 1986 or during an insolvency moratorium.

6.12 Our right of set-off. We may set off any amount you owe us against any amount we owe you.

6.13 Invoice queries. You must tell us about any invoice query in writing within 7 days of the invoice date and pay any undisputed part on time.

7.Delivery and risk

7.1 Dates are estimates. Any delivery date or time we give is an estimate only, and time of delivery is not of the essence. We dispatch Monday to Friday, not at weekends or on UK bank holidays. We aren't liable for any delay in delivery, but if we haven't delivered within 30 days of the estimated date, either party may cancel the undelivered part of the Order and we'll refund any payment for it.

7.2 Where we deliver. We deliver to addresses in Great Britain. We don't currently deliver to Northern Ireland. We can't deliver to PO Box addresses. For deliveries outside Great Britain, see clause 8.

7.3 Instalments. We may deliver an Order in instalments, invoiced separately. Each instalment is a separate Contract. A delay or defect in one instalment doesn't entitle you to cancel any other instalment.

7.4 Risk. Risk in the Goods passes to you on delivery to the delivery address, or when the Goods are collected by you, your carrier or your freight forwarder, whichever applies. For export Orders, risk passes as set out in clause 8.

7.5 Failed delivery and storage. If you don't take delivery, or we can't deliver because you haven't given us adequate instructions or access, delivery is treated as having taken place at the time we attempted it, and risk passes to you. We may store the Goods until delivery or collection and charge you for reasonable storage, redelivery and return carriage costs. If you haven't taken delivery within a reasonable period after we've told you the Goods are available, we may resell or otherwise dispose of some or all of them, and charge you for any shortfall below the price and our costs.

7.6 Collection. Goods for collection are available from Unit 4 Alpha Trading Estate, Clayton Road, Hayes, Middlesex UB3 1BB, Monday to Friday, 9:30am to 5:30pm, once we've told you they're ready. The person collecting may be asked for your order confirmation and photo ID.

8.Export orders

8.1 Default terms. Unless we agree otherwise in writing, we supply export Orders as follows: insured shipping, DAP (Delivered at Place, Incoterms 2020) at the delivery address on your quotation; uninsured shipping, CPT (Carriage Paid To, Incoterms 2020) to the delivery address on your quotation; collection by your freight forwarder, FCA (Free Carrier, Incoterms 2020) at Unit 4 Alpha Trading Estate, Clayton Road, Hayes, Middlesex UB3 1BB. We may agree DDP (Delivered Duty Paid, Incoterms 2020) in writing for a specific Order where we can lawfully do so. Incoterms 2020 apply to the extent they don't conflict with these Terms. They deal with delivery, costs and risk only. Ownership passes under clause 10.

8.2 Duties and taxes. Under DAP, CPT and FCA, you pay all import duties, local taxes (such as VAT or GST), brokerage and customs charges in the destination country. These are not included in our price.

8.3 Insured or uninsured. Every international quotation offers an insured and an uninsured option. If you choose insured shipping, we're responsible for the Goods until they're delivered. If you choose uninsured shipping, the Goods are supplied CPT (Carriage Paid To, Incoterms 2020), and risk passes to you when we hand them to the first carrier.

8.4 Your freight forwarder. If you use your own freight forwarder, the Goods are supplied FCA our Hayes premises (Free Carrier, Incoterms 2020), and risk passes to you when they're loaded onto your forwarder's vehicle. You must give us your forwarder's details in writing in advance. Your forwarder must make the UK export declaration on our behalf and send us the MRN and departure confirmation.

8.5 VAT and proof of export. We can only zero-rate an export for UK VAT if the conditions in HMRC's VAT Notice 703 are met, including holding valid proof of export within 3 months of supply. We can't zero-rate goods supplied to a customer established in the UK, even if that customer exports them, so we charge UK VAT on those sales. If your forwarder collects from us, we'll take a deposit equal to the UK VAT and refund it when we receive proof of export that meets HMRC's requirements. You must send us that proof within 30 days of collection. If we don't receive it, we'll keep the deposit and account for it as VAT.

8.6 Refused or unpaid shipments. If a shipment is refused, or duties and charges aren't paid, the costs incurred, including outbound and return shipping and carrier and customs charges, may be deducted from any refund or invoiced to you.

8.7 Restricted items. Some items, such as aerosols, lithium batteries, fuel or gas tools and bladed items, may be restricted for carriage or export. We'll tell you and suggest alternatives where we can. We may refuse to supply items that can't lawfully be exported or carried. You are responsible for complying with the import rules of the destination country.

8.8 Payment for export Orders. Unless we agree otherwise in writing, export Orders must be paid in full, in cleared funds and in pounds sterling, before dispatch. You pay all bank and transfer charges, so we receive the full amount.

See our Worldwide Shipping page for more detail.

9.Inspection and claims

9.1 You must inspect the Goods on delivery or collection.

9.2 You must tell us in writing of any visible damage or shortage within 48 hours of delivery. Please keep the packaging and take photos where you can.

9.3 You must tell us in writing of any other defect, or any Goods that don't match your Order, within 14 days of discovering it, and in any event no later than 12 months from delivery.

9.4 If you don't tell us within these time limits, we'll have no liability for that damage, shortage or defect, except as required by law. This doesn't affect any manufacturer's warranty passed on to you under clause 11.

10.Retention of title

10.1 Ownership of the Goods doesn't pass to you until we've received payment in full, in cleared funds, for those Goods and for all other sums you owe us on any account.

10.2 Until ownership passes, you must:

• hold the Goods as our bailee;
• store them separately from other goods, so they remain readily identifiable as our property;
• not remove, deface or obscure any identifying mark or packaging;
• keep them in satisfactory condition and insured against all risks for their full price; and
• not pledge or charge them as security for any debt.

10.3 You may resell or use the Goods in the ordinary course of your business before ownership passes. If you resell them, you do so as principal, not as our agent, and ownership passes to your customer at that time.

10.4 If any sum you owe us is overdue, or you become insolvent (as described in clause 6.10), or we reasonably believe you are about to, then, until ownership has passed, your right to resell or use the Goods ends immediately and we may require you to deliver them up to us. If you don't do so promptly, you permit us, our agents and employees to enter any premises you own or occupy where the Goods are stored, at any reasonable time, to recover them, and you'll arrange access to any other premises where they are kept.

10.5 We may sue you for the price of the Goods once payment is due, even though ownership has not passed.

10.6 This clause continues to apply after the Contract ends.

10.7 If we can't identify which Goods in your possession have been paid for, the Goods you hold are presumed to be those we delivered most recently.

11.Quality and remedies

11.1 We warrant that, at delivery, the Goods will correspond with their description and be of satisfactory quality.

11.2 If Goods don't comply with clause 11.1 and you notify us under clause 9, our sole obligation is, at our option, to repair or replace the Goods or refund the price paid for them, provided you notify us within 12 months of delivery. Alternatively, we may pass on to you the benefit of the manufacturer's warranty. Faulty or wrong Goods are always dealt with under this clause.

11.3 Clause 11.1 doesn't apply to defects caused by fair wear and tear, misuse, neglect, accidental damage, failure to follow the manufacturer's instructions, or alteration or repair without our agreement.

11.4 You are responsible for choosing Goods that are suitable for your purpose, including personal protective equipment (PPE), and for any risk assessment and compliance with health and safety law that applies to your use. If you tell us in writing what you need the Goods for and we confirm in writing that they're suitable, we warrant that they're fit for that purpose. Please always check our advice against the manufacturer's information.

11.5 Except as set out in these Terms, all warranties, conditions and other terms implied by statute or common law, including those under sections 13 to 15 of the Sale of Goods Act 1979, are excluded to the fullest extent permitted by law. Nothing in these Terms excludes the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).

11.6 These Terms apply to any repaired or replacement Goods we supply.

11.7 If you resell the Goods, you'll keep records of who you supply and help us with any product recall or safety notice.

12.Returns of unwanted goods

12.1 Business customers don't have a legal right to cancel. We may accept the return of unwanted Goods within 30 days of delivery, but only with our prior authorisation and at our discretion. Please contact us for a Return Reference before sending anything back.

12.2 Returned Goods must be unused and resaleable, and you pay the cost of returning them.

12.3 We may charge a 15% restocking fee.

12.4 We may refuse the return of special order or non-stock items.

12.5 This clause doesn't apply to faulty or wrong Goods, which are dealt with under clause 11.

13.Calibration services

13.1 Calibration services are carried out by an independent UKAS-accredited laboratory.

13.2 If a calibration is not carried out with reasonable care and skill, our liability is limited to arranging re-calibration or refunding the calibration fee, at our option.

14.Limitation of liability

14.1 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of the terms implied by section 12 of the Sale of Goods Act 1979, or for any other liability that cannot be limited or excluded by law.

14.2 Subject to clause 14.1, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any:

• loss of profit;
• loss of revenue;
• loss of business or contracts;
• loss or corruption of data;
• loss of goodwill; or
• indirect or consequential loss.

14.3 Subject to clause 14.1, our total liability to you arising under or in connection with each Order, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the greater of the total price paid or payable for the Goods and Services in that Order and £5,000.

14.4 You acknowledge that our prices reflect these limits, and that you can insure against the risks they leave with you.

14.5 Subject to clause 14.1, our total liability for physical damage to property caused by defective Goods we supply is limited to £5,000,000 for each event or series of connected events, and to £5,000,000 in total for all such claims arising in any 12 month period.

15.Export controls and sanctions

15.1 We won't supply Goods or Services where the supply, export or end use would breach UK, UN or other applicable export controls or sanctions.

15.2 You confirm that you won't sell, supply, export or re-export the Goods, directly or indirectly, to or for use in Russia, Belarus, Iran, North Korea, the non-government controlled areas of Ukraine or any other country or region subject to UK sanctions, to any person named on the UK Sanctions List or owned or controlled by such a person, or for any military, weapons or weapons of mass destruction use.

15.3 You'll make sure anyone you resell the Goods to is bound by the same restriction, and you'll tell us straight away if you become aware of anything that could breach this clause.

15.4 We may ask you for end-user information or a signed end-user statement, and you must give it within 14 days. We may cancel or hold any Order, or end any Contract, without liability if you don't, or if we reasonably believe that supplying it could breach this clause or any applicable law. We may report concerns to the UK authorities.

15.5 Breach of this clause is a material breach of the Contract. You'll indemnify us against all losses and costs, including legal costs, that we suffer as a result.

16.Force majeure

16.1 Neither party is liable for any delay or failure to perform its obligations caused by events beyond its reasonable control. These include failure or delay by a supplier or carrier, port or customs delays, strikes or other industrial action, fire, flood, storm or other natural events, epidemic or pandemic, war, terrorism or civil unrest, sanctions or government action, and failure of power, IT or communications systems.

16.2 If such an event happens, the time for performance is extended by a period equal to the delay. If the delay lasts more than 30 days, either party may cancel the affected Order by written notice, and we'll refund any payment for Goods not delivered.

16.3 This clause never excuses payment for Goods that have been delivered.

17.Personal information

17.1 We use personal information about your contacts, and about sole traders, partners, directors and guarantors for credit checks, as set out in our Privacy Policy. You'll make sure that anyone whose details you give us, including your contacts, directors, partners and any guarantor, knows we'll use their information in this way and where to find our Privacy Policy.

18.General

18.1 Entire agreement. The Contract consists of these Terms, our quotation or order acknowledgement, and any credit terms we have approved for your account. Our Delivery and Tracking, Worldwide Shipping, Returns and Exchanges and Guarantees and Warranties pages give general information and form part of the Contract only so far as they describe delivery and shipping arrangements. If anything on those pages conflicts with these Terms, these Terms prevail. Rights described on those pages as consumer rights don't apply to you. The Contract is the entire agreement between us and replaces any earlier agreement, understanding or arrangement about its subject matter.

18.2 Non-reliance. You acknowledge that you have not relied on any statement, promise or representation that is not set out in the Contract. Nothing in this clause limits or excludes liability for fraud.

18.3 Severance. If any provision of the Contract is found invalid, unlawful or unenforceable, it shall be treated as modified to the minimum extent needed to make it valid. If that isn't possible, it shall be treated as deleted. The rest of the Contract is not affected.

18.4 No waiver. A failure or delay in exercising any right or remedy doesn't waive that or any other right or remedy, and doesn't prevent its further exercise.

18.5 Variation. No variation of the Contract is effective unless it is in writing and agreed by one of our directors.

18.6 Third-party rights. No one other than you and us has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

18.7 Assignment. We may assign or transfer our rights and obligations under the Contract. You may not do so without our prior written consent.

18.8 Notices. Notices under the Contract must be in writing and sent to us by email to sales@diytools.com or by post to our registered office, and to you at the email or postal address on your Order or account. An email notice is treated as received at the time it is sent if sent during our opening hours on a working day, and otherwise at 9:30am on the next working day. A notice sent by first class post is treated as received on the second working day after posting.

18.9 Changes. We may update these Terms from time to time. The version on our website when we accept your Order applies to that Order.

19.Governing law and jurisdiction

19.1 The Contract, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims), is governed by the law of England and Wales.

19.2 The courts of England and Wales have exclusive jurisdiction over any such dispute or claim. However, we may bring proceedings to recover any debt you owe us in the courts of the country where you are based.

19.3 The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to the Contract.

1.Who we are

1.1 diytools.com is operated by The Tool & Gauge Company (UK) Limited, trading as DIYTools.com, registered in England and Wales, company number 07992768. Registered office: Unit 4 Alpha Trading Estate, Clayton Road, Hayes, Middlesex UB3 1BB. VAT number GB131534937.

1.2 Contact us at sales@diytools.com or on 020 7372 1973.

1.3 We may update these terms from time to time. Please check this page when you use our site, as the terms in force at that time apply.

2.Using our site

2.1 We give you a personal, non-exclusive, non-transferable licence to browse our site and buy from us, for your personal use or for the internal purposes of your business.

2.2 If you create an account, keep your login details confidential and tell us straight away if you think someone else knows them. You're responsible for activity on your account unless it results from our failure to keep our site secure.

2.3 We may suspend or withdraw access to our site, or to any account, if we reasonably believe these terms have been broken.

3.Content and intellectual property

3.1 We own, or are licensed to use, all intellectual property rights in our site and its content, including text, design, layout, graphics, logos and the selection and arrangement of product information.

3.2 Many product images, descriptions and technical data are supplied by manufacturers and are their property. Trade marks and brand names belong to their owners.

3.3 You may view and print pages for your own reference. You must not copy, reproduce, republish, scrape or extract content from our site, including product images, descriptions, prices or data, for any other purpose without our written permission.

4.Accuracy and availability

4.1 We take care to keep the information on our site accurate and up to date, but product details, prices and availability may change. Content on our site is for general information. It isn't professional advice, and you should always follow the manufacturer's instructions and safety information.

4.2 We don't guarantee that our site will always be available or uninterrupted. We may suspend or change it, for example for maintenance or updates.

5.Acceptable use

5.1 You must not:

• use our site in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose;
• try to gain unauthorised access to our site, its server or any connected system, or attack it in any way, including by hacking or a denial of service attack;
• introduce viruses, malware or other harmful material;
• use robots, bots, spiders, scrapers or other automated tools to access, monitor or copy our site or its content;
• interfere with, damage or disrupt our site or other people's use of it; or
• use our site to send unsolicited advertising or to impersonate anyone.

5.2 Breaking this clause may be a criminal offence. We may report it to the relevant authorities and co-operate with them, and your right to use our site will stop immediately.

6.Reviews and content you submit

6.1 We check every review before it's published. We publish all genuine reviews, good or bad. We only remove reviews that are fake, abusive, unlawful or not about the product. We never remove a review because it's negative. We never pay for or reward reviews.

6.2 When you submit a review, you confirm that it is genuine and based on your own experience of the product, and that it isn't abusive, unlawful, or infringing anyone else's rights.

6.3 You keep ownership of your review. You give us a non-exclusive, royalty-free licence to publish and display it on our site, together with the name you choose to show with it.

6.4 You can ask us to remove your review at any time by emailing sales@diytools.com.

7.Links to other sites

7.1 Our site may link to other websites, such as manufacturers' sites or courier tracking pages. These links are for your information only. We have no control over those sites and aren't responsible for their content or how they use your information.

8.Our liability for the site

8.1 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

8.2 If you use our site as a consumer, we're responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. We aren't liable for business losses.

8.3 If you use our site for business purposes, we aren't liable for any loss of profit, revenue, business, data or goodwill, or for any indirect or consequential loss, arising from your use of, or inability to use, our site or its content.

8.4 We take reasonable steps to keep our site secure, but we can't guarantee it will be free from bugs or viruses. Please use your own virus protection.

8.5 Our responsibility for products you buy is set out in our Consumer Terms of Sale or Trade Terms of Sale.

9.Privacy and cookies

9.1 Our Privacy Policy explains how we use personal information, and our Cookie Policy explains how we use cookies. You can change your choices at any time using the cookie settings link in our footer.

10.Which laws apply

10.1 These terms are governed by the law of England and Wales.

10.2 If you're a consumer, you can bring proceedings in the English courts. If you live in Scotland, you can bring proceedings in the Scottish or English courts, and if you live in Northern Ireland, in the Northern Irish or English courts. You keep the protection of any mandatory consumer law that applies where you live.

10.3 If you're a business, the courts of England and Wales have exclusive jurisdiction.