toolnut terms and conditions

Terms and Conditions

The Terms and Conditions contained within this site relate to goods which you are offering to purchase from Toolnut Limited (“the Company, We, Us or Our”).  By placing an order with the Company, you agree to be bound by our Terms and Conditions of trading and the Terms and conditions of Trading will become a legally binding contract.  If you do not accept our Terms and Conditions of trading you should not place an order.  If there is anything contained in our Terms and conditions of trading you do not understand then please contact us.

In Detail

 

1. GENERAL

1.1 This Agreement shall constitute the whole Contract between the Company and the customer and may not be amended or varied except by a document signed by both the customer and an Officer of the Company.  Any amendment agreed after the execution of this Agreement has commenced may result in the Customer becoming liable for any extra costs involved.  This Website is operated by or on behalf of Toolnut Limited who are a company registered in England and Wales with the company registration number 6558800.  Our registered office address is 39 Elphinstone Road, Hastings, East Sussex, TN34 2EG.

1.2 When buying items from a jurisdiction that requires the purchaser to be over a certain age, you are agreeing that you are of the required age to purchase such goods and that the delivery of the goods will be accepted by a person who meets the required age limit.

1.3 These Terms and Conditions of Business are subject to change without any prior notice in regard of future sales and We therefore encourage you to revisit these Terms and Conditions periodically to ensure that you are at all times fully aware of them.  Any changes are effective immediately upon posting to the Website and your continued use of the Website constitutes your agreement to all such Terms and Conditions.  Therefore, the only Terms and Conditions of Business that shall apply in relation to any transaction will be the current Terms and Conditions published at http://www.toolnut.co.uk (“the Website”) website at the exact time of purchase.

1.4 Tools offered for sale are intended for general use. However, the Company cannot accept any responsibility whatsoever for any injury or damage resulting directly from the  mis-use of any item purchased. All descriptions and dimensions are given in good faith.

1.5 Photographs are a guide only. Photographs shown on website are of a similar model, due to different lighting, photos could show a very slight change in actual colour mainly due to different levels of brightness. 

1.7 When purchasing an item from the Company you will be automatically signed up to the Toolnut.co.uk general newsletter. Every email newsletter allows you to unsubscribe from the newsletter simply by emailing Toolnut.co.uk (Toolnut Limited) with "unsubscribe" in the subject box. You can unsubscribe from the newsletter at any time.

1.8 If any provision of these Terms and Conditions are or become illegal or unenforceable by operation of law or are held to be invalid, that provision shall to the extent required be treated as separate and independent and shall be severed from these Terms and Conditions.  Other than to the extent it is held to be illegal, unenforceable or invalid, the provision shall not be affected and, in addition to the other provisions of these Terms and conditions shall remain valid and enforceable.

1.9 For the purpose of the Contracts (Rights of Third Parties) Act 1999, these Terms and conditions do not and are not intended to give any right to enforce any of its provisions, to any party who is not party to them.

 

2. Liability

The Company will not be held liable for any loss of profits in any situation, in particular in relation to the goods and We shall have no liability to pay any money to you by ways of compensation other than any refunds that we make. This does not affect your statutory rights as a consumer.

 

3. Payment, Pricing and E-Commerce

3.1 Prices of goods ordered are published on the Website at the time of placing the order.  In the event that the price advertised is incorrect, you will be notified by the Company and given the opportunity to withdraw from the transaction.

3.2 Prices are subject to change without any notice and We therefore invite you to check the price immediately before you place an order.

3.3 Before an order is accepted, cleared payment must be received in full for the goods including any delivery and insurance costs. 

3.4 Nothing on the Website is intended or shall be interpreted as a legal offer to provide goods.  It is entirely at the discretion of the company to accept or reject the offer to purchase.

3.5 The Company reserve the right to reverse an order by refunding the money paid for goods into the paying account.

3.6 When purchasing an item from the Company the person placing the order must be the owner of the credit or debit card being used to place the order. 

3.7 Customers ordering outside of the UK mainland may be subject to import costs/taxes. The recipient is advised to check their countries import policy before ordering. The recipient is responsible for all such costs.

3.8 Any order made by an unverified customer over the amount of £200 will have to pass a security check.

3.9 Any periodical offers, gifts or discounts given by the Company with stated dates or period or orders in any form of advertising undertaken by the Company, shall only apply to orders placed and agreed during these periods, and no orders signed before or after the said periods will be subject to renegotiation.

3.10 Links and third parties – We are not responsible for nor do we endorse the content of any third party websites that may be accessed via links from the Website.  We occasionally join up with selected third parties to enable you to purchase products and services.  We do not accept any responsibility or liability for any losses you may suffer as a result of entering into any transaction with any third party.

3.11 While we take every care to ensure that the information on the Website is accurate and complete, you are advised to verify the accuracy of any information before relying on it.  Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time.  Accordingly, the Website is provided “as is” without any warranties of any kind and We do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.

3.13 You agree to provide accurate, valid contact details.

3.14 The Company accepts payments in the form of the following currencies: Great British Pound and Euro. The Company may accept other currencies at their discretion. 

3.15 When placing an order through the Toolnut.co.uk website; you will be allocated your own unique online account containing your name, email address and contact address. A unique password will be emailed to the email address which you provided with your order. The account allows you to view a history of your past orders. The login is unique to you. You can edit/remove your details within your account at any time by logging-in to your account. No financial information / card details are stored with your account. All financial information / card details are processed by either PayPal or SagePay (depending which payment processor you choose to pay by). Both PayPal and SagePay meet the strictest PCI compliance level 1 standards. If for whatever reason you do not wish to order online, please contact us to make payment either over the telephone or to pay via cheque. You are also welcome to visit us at our trade counter (arranged visits only please).

 

4. Delivery

4.1 The Company attempt to ensure goods are delivered in a timely fashion but for the avoidance of doubt time is not of the essence of the contract. Delivery times specified are for a guide only.

4.2 In the event that the price advertised is incorrect or the item is unavailable, you will be notified by the Company and given the opportunity to withdraw from the transaction.

4.3 Customers residing at Channel Island, Highlands and Northern Ireland addresses may have to pay additional delivery costs to the default UK delivery costs and are advised to contact the Company for further details. Customers residing at Ireland addresses, and addresses outside of the UK mainland will have to pay additional delivery costs to the default UK delivery costs, this can automatically be found by clicking on 'Europe' or 'World' delivery options. Any customers unsure about the delivery options are advised to contact the Company for further details.

4.4 The Company will not deliver to PO BOX addresses, hotels, internet cafes, vacant properties and any type of delivery address deemed to be high risk by industry experts. The Company reserve the right to refuse delivery to business addresses if they so choose.

4.5 Items sent using Royal Mail that successfully reach the correct address but there is no person available to collect will be returned to the local depot (a note should be left by Royal Mail, informing you of where the parcel is located and where the parcel can be collected, this is however not guaranteed). If the parcel is not collected from the local depot (in most cases within a week), the parcel will be returned to the Company. A further delivery fee will be needed if re-delivery is required.

4.6 Items sent using a courier service that successfully reach the correct address but there is no person available to collect will be left a note informing you of the attempted delivery of the parcel. The note should inform you of where the parcel is located, where the parcel can be collected, or a phone number to contact. If the parcel is not collected from the location specified or the phone number is not called (in most cases within a week), the parcel will be returned to the Company. A further delivery fee will be needed if re-delivery is required.

4.7 Items signed for by any person at the delivery address provided by the customer will constitute a successful delivery.

4.8 Some countries operate a customs charge / taxes on imported goods. Any such charge will be passed from to the customer. The Company does not have any control over this charge and cannot be held responsible for any such charge.

4.9 You agree to contact the Company if you are a UK customer and haven't received your parcel within four working days after placing your order.

4.10 You agree to contact the Company if you are a Non UK customer and haven't received your parcel within ten working days after placing your order.

4.11 In the event there is a problem with delivering your order. The Company will try to contact you via the email address or telephone number with which you provide the Company when placing your order. You grant the Company permission to provide the courier company with your telephone number (if provided) in order to assist the courier in resolving any problems they have with delivering a consignment. You agree to regularly check email and telephone voicemail and act upon any such messages. Failure to do so will result in a redelivery fee in the event the consignment is returned to the Company.

4.12 You agree delivery is at the discretion of the courier. If the courier is not satisfied with the delivery address it will be at their discretion as to whether they deliver the parcel. Reasons a courier may not deliver include: it appears there is no-one living permanently at the address, it appears the business premises is empty, the address is not safe, the courier's health and safety would be at risk in any way.

 

5.  Returns And Cancellations

5.1 Items must be returned to the Company in the original condition. The parcel must be returned using an appropriately insured recorded delivery service. You are responsible for returning items safely. You must inform the Company via email within 14 days of receipt to 'delivery address' given by customer or collection of carrier and return items within 30 days of receipt to 'delivery address'.

5.2 Claims made and items wished to be returned must be within 30 days of receipt to 'delivery address'.

5.3 The Company must be contacted regarding claims before the returning of goods.

5.4 All refunds are for the product(s) and any outgoing paid delivery only (For Consumers).

5.4a All refunds are for the product(s) only (For Businesses).

5.5 Parcels must be returned within 30 days of a claim being acknowledged. Failure to return the parcel within 30 days of the claim acknowledgement will void the claim.

5.6 Unwanted items must be returned at the customers cost.

5.7 The Company must be contacted regarding any goods found to be damaged on arrival. The Company must be contacted within 14 days of receipt to 'delivery address' given by customer or collection of carrier. The damaged goods and all packaging must be retained. Failure to retain damaged goods and all packaging may void the claim. Goods are not to be returned without prior permission from the Company.

5.8 In the event of a faulty item, the customer may return the item and request a replacement be sent providing a replacement is available. If the customer requests a replacement and a replacement is not possible, the Company will contact the customer and either refund the associated payment into the paying account or at the discretion of the Company, offer the customer a similar alternative product which is of at least the same monetary value. If an alternative product is offered as a replacement, the customer has the right to refuse the item and request a refund.

5.9 If the customer wishes to cancel their order, the customer should contact the Company as soon as possible. Cancellations must be made within 14 days of the order date. A full refund will be made into the paying bank account once the Company receive a cancelletion request in writing and whilst the Company have the contents of the customer order (if the order has not been dispatched) or once the Company have the contents of the customer order (if the order is being returned). If the customer wishes to cancel their order after the order has been dispatched via courier, the customer will need to return the order before a refund can be made. A refund will only be made into the paying account once the Company have received the original contents of the parcel in the original condition.

5.10 Please return item(s) to:

Toolnut Limited
Units 7
Beeching Close
Bexhill On Sea
East Sussex
TN39 3YF

5.11 Please retain the original product packaging should you need to return any item. Claims for damages, shortages or non-receipt cannot be considered unless we are notified within 14 days of delivery.

 

6. Copyright

6.1 All photographs, graphics, layout, styles, source code and all other material contained within this Website are considered property of the Company or respective mark. Reproduction is strictly prohibited in whole or part in accordance with the United Kingdom Copyright laws unless the Company gives express permission in writing.

6.2 Any images copied and used in a commercial setting (especially e-commerce websites selling the same tools as us) will be charged at £35 per image; this price is based upon the cost of the photographic equipment involved, the time taken taking the photographs, our experience in product photography, the cost of the software used to edit the photograph, the cost of the time taken to learn how to use the software, and the cost of the time editing the images.

6.3 If you believe that any content on the Website constitutes copyright infringement please contact Us immediately.

 

7. Miscellaneous

7.1 All tools are packaged by Us or our supplier(s) and all tools delivered must be unpacked by a suitable adult over the age of 18 years old.  The tools can be sharp, and/or heavy and the Company can accept no responsibility for any injury caused by unsupervised unpacking of any goods supplied.

7.2 The products and service are provided "as is," with no warranties whatsoever. To the fullest extent permitted by law, the Company disclaims any warranties for the security, reliability, timeliness, and performance of the products and services. To the fullest extent permitted by law, the Company disclaims any warranties for other services or goods received through or advertised on the products and services or received through any links provided in the products and services, as well as for any information or advice received through the products and services or through any links provided. The Company similarly disclaims, to the fullest extent permitted by law, any warranties for any information or advice obtained through the products and services. 

7.3 You expressly understand and agree that under no circumstances shall the Company or its licensors be liable to any user on account of that user's use or misuse of and reliance on the products and services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and damages (even if the Company or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the products and services, from inability to use the products and services, or from the interruption, suspension, or termination of the products and services (including such damages incurred by third parties). Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the products and services or received through any links provided in the products and services, as well as by reason of any information or advice received through or advertised on the products and services or received through any links provided in the products and services. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the products and services or any information or merchandise that appears on, or is linked or related in any way to the Company.  Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law. Under no circumstances shall the Company or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

7.4 These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise.

 

8. Privacy

8.1 We are committed to protecting your privacy and the security of any information given to Us.  We will not sell or pass your details to third party organizations except for the purpose of processing your order, this will include but may not be limited to passing information on to the courier company or companies involved in your transaction, this may include our suppliers/manufacturers. We may use information recorded anonymously for marketing research in order to track customer usage trends and to help improve the website.

 

9. Promotions / Special Offers

9.1 Promotions / special offers are only applicable while stocks last.

9.2 Toolnut Ltd reserve the right to withdraw an offer at any time.

9.3 Offers which state an offer applies over a set amount mean, the total of the product(s) in the basket must exceed the value stated in the offer. The delivery price does not count towards exceeding the total required to meet the offer criteria. So for example if the offer is 'free slipstone on orders over £60' and your total of your products is £57.00 and your delivery is £3.50, overall total equals £60.50, this example order would not qualify.

 

10. Restrictions

10.1 It is at the discretion of the Company whether they refuse to send any item due to postage/export restrictions.

10.2 Billhooks and slashers are for UK sale only, the Company will not send these types of tools outside of the UK.

 

Toolnut Limited,
Company No. 6558800,
Registered in England and Wales,
Registered Office: 39 Elphinstone Road, Hastings, East Sussex, TN34 2EG

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