- Terms & Conditions
Terms & Conditions
At the time of placing your order, you will need to accept these Terms & Conditions. Choose a section below for more information. If you cannot find the information you are looking for or you wish for clarification of any of the points below please contact us, either via e-mail or telephone.
Basis of Sale (Conditions 1-7)
- In these conditions "we", "us" and "our" refer to The Tool & Gauge Company (UK) Limited, (company No. 07992768) You can write to us at 200E, Iverson Road, London NW6 2HL or send e-mail to firstname.lastname@example.org. These are also the addresses to write to if you have any complaints. "You" and "your" refer to the customer who places an order with us. We operate the domain name www.diytools.com
- These Terms, the Order and our price list are considered by us to set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these Terms before you place an Order, because you will be bound by the Terms once a contract comes into existence between us.
- By placing an order with us, you confirm that you are over 18 years old and are legally capable of entering into binding contracts. We reserve the right at our sole discretion not to accept any order. Once we accept your Order, a contract will come into force, on the terms and conditions set out here.
- If any of these Terms are inconsistent with an Order, the Terms shall prevail. We will try to deliver your Goods as soon as practicable. However occasionally delivery may be affected by factors outside our control and so cannot be guaranteed. You should tell us as soon as possible if you do not receive your Goods within one week of placing your Order or within one week of any estimated delivery date that we give you. Any dates quoted by us for delivery are estimates only. If we are unable to deliver your Goods within 30 days of your Order, you may cancel your Order and get a full refund for those goods.
These Terms shall become binding on you and us when:
(a) we issue you with written acceptance of an Order or
(b) we notify you that the Goods are ready whichever is the earlier, at which point a contract shall come into existence between us.
- We shall assign an order number to the Order and inform you of it. Please quote the order number in all subsequent correspondence with us relating to the Order.
- We have the right to revise and amend these Terms from time to time, among other things 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. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
The Goods (Condition 8)
- The information and advice contained in our sales documentation including any samples drawings descriptions or advertising issue and any descriptions or illustrations are for general guidance purposes only and do not form part of the contract between you and us or any other contract between you and us for the sale of goods. You are responsible for determining whether it applies to your particular situation. In particular, please read all manuals and safety instructions provided with our Goods, and follow them carefully at all times.
Delivery (Conditions 9-11)
We warrant that on delivery and for a period of 12 months from the date of delivery, subject to any enhanced terms offered by the Manufacturer, the Goods shall:
(a) conform in all material respects with their description, subject to any qualification or representation contained in the brochures, advertisements or other documentation;
(b) be of satisfactory quality;
(c) be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
(d) be free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval. We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition. These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
- When you receive the Goods, you should check them as soon as possible, and let us know within 7 days of receipt if there are any problems. Please retain all packaging until you are satisfied with the Goods. You will be responsible for any loss or damage to the Goods which occurs after they have been delivered to you. Nothing in this clause shall prejudice the rights of the customer under this contract.
- We will require payment of the price for the Goods in full before we despatch them unless we agree otherwise in writing with you. However, if you have an account with us, we may, at our discretion, allow you to make payment in full within 30 days of our invoice.
Payment (Conditions 12-16)
- Details of our delivery charges and methods of payment for the goods are shown in the relevant sections of our sales documentation.
- Any payments that are overdue will bear interest at the rate of 6% per annum above the base rate of HSBC Bank plc from the date that payment was due until the date of actual payment. This interest shall accrue on a daily basis from the due date until date of actual payment of the overdue amount, whether before or after payment. You must pay us interest together with the overdue amount.
- All the Goods that we supply will remain our property until you have paid for them in full, including all delivery charges. If you sell the Goods you agree to hold the sale proceeds upon trust for us until you have paid us for them in full.
- If you do not pay us we may suspend or cancel any outstanding orders until you have paid the outstanding amounts without limiting any of the remedies we may have.
- Every effort is made to ensure that our prices and descriptions are accurate at the time of going to press. If an error is found or if manufacturers' prices or products change, we will inform you as soon as possible and offer you the option of cancelling your Order or reconfirming your order with the revised price or product. We are under no obligation to provide Goods to you at an incorrect (lower) price if the pricing error is obvious and could reasonably have been recognised by you as a pricing error. Where indicated VAT is quoted at the prevailing rate at the time of dispatch of the Goods and may be subject to change without notice in line with government legislation.
Intellectual Property (Condition 17)
- We are the owners of the license of all intellectual property (including text images, illustrations, trademarks, graphics and devices) in our website, and catalogue and any correspondence entered into from us to you. These are protected by copyright laws and treaties around the world. All such rights are reserved. Any correspondence is personal between us and you, and is confidential and must be treated as such. This means it must not be published or distributed either in its entirety, part or in summary form without prior written consent. Failure to observe this obligation may result in us taking action against you to prevent further breaches. The parties acknowledge that limiting our recourse to damages is probably inadequate.
Cancellation Rights (Conditions 18-22)
- If you are buying Goods from us for the purposes of your trade, business or profession and you are not classified as a consumer under UK consumer protection legislation, clause 19 does not apply to you. In addition, we are not liable for any consequential loss and subject to clause 23 our maximum liability shall be limited to the price of the Goods.
- If you are a consumer resident outside the United Kingdom or with a delivery address outside the UK, clause 20 relating to Returns Policy does not apply to you. We will supply you with separate terms relating to export sales.
- If you are dealing as a Consumer, and have placed your order over the internet by phone or from our catalogue, you can cancel your order for any reason and get a full refund at any time before you receive the Goods, or the end of 7 working days after the day you receive the Goods. A working day is any day other than weekends and public holidays. To cancel your order you should write to us within that time to the address in clause 1 of these conditions.
If you have already received the Goods:
(a) you can only exercise this right to cancel your order if the Goods are still in a re-saleable condition and you have retained the packaging;
(b) you must return the Goods to us at your own cost and risk to the address in clause 1 of these conditions (unless we are at fault, in which case we will arrange collection);
(c) you must take care to ensure the Goods are not used or damaged in the meantime;
(d) if you do not return the Goods as required, we may charge you the costs of recovering them ourselves.
- This right to cancel your order does not apply to audio or video recordings or computer software that has been unsealed or Goods that have been made to your specifications or are clearly personalised or are liable to deteriorate or expire rapidly or which by their very nature cannot be returned.
- You may return Goods for a credit or to exchange strictly in accordance with our published Returns Policy. In the event of a conflict between these terms and conditions and the Returns Policy, these terms and conditions shall prevail.
Our Liability to You (Conditions 24-25)
- We will not be liable for any delay in delivering the Goods, which is due to events or circumstances beyond our reasonable control, or for any business losses. We are not responsible for any losses that result from our failure to comply with these terms including but not limite to
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings;
(d) loss of data; or
(e) waste of time.
- Any commentary, advice or other materials published or distributed by us (for example but not limited to responses to email questions or message boards) are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from reliance placed on such materials by you or anyone informed of such.
Data Protection (Condition 26)
- We will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency, which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
General (conditions 27-28)
- Anyone who is not party to this contract does not have any rights under or in connection with the Contract (Rights of Third Parties) Act 1999.
- This contract is subject to laws of England and Wales and the non-exclusive jurisdiction of the English courts.