TERMS & CONDITIONS
Please read these terms and conditions carefully before ordering any Products from our site.You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.You should print a copy of these terms and conditions for future reference.
1. Information about us
1.1 www.jactools.co.uk is a site operated by JAC Tools (Aylesbury) Limited (we). We are registered in England and Wales under company number 8353873 and with our registered office at JAC Tools (Aylesbury) Ltd, 3 Redman Court, Bell Street, Princess Risborough. Bucks. HP27 0AA. Our main trading address is Unit 3 March Place, Gatehouse Way, Aylesbury, HP19 8UG. Our VAT number is 157 1445 11.
2. Service availability
Our site is only intended for use by people resident in the United Kingdom and the EU. We do not accept orders from individuals outside those countries.
3. Your status
By placing an order through our site, you warrant that:(a) You are legally capable of entering into binding contracts; and(b) You are at least 18 years old;(c) You are resident in one of the countries named in clause 2 above; and(d) You are accessing our site from that country.
4. How the contract is formed between you and us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. 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 dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. Consumer rights
5.1 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).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
6. Descriptions, Availability and delivery
6.1 All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained on the website or in the our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the contract and this is not a sale by sample.
6.2 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.3 In relation to sales to business customers only time shall not be of the essence in relation to the indicated delivery date for the Products.
6.4 The quantity of any consignment of Products as recorded by us on despatch from our place of business shall be conclusive evidence of the quantity received by the you on delivery unless you can provide conclusive evidence proving the contrary.
6.5 We shall not be liable for any non-delivery of Products (even if caused by the our negligence) unless the you give written notice to us of the non-delivery within 14 days of the date the relevant Dispatch Confirmation.
6.6 Our liability for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or refund sums paid for those Products or issuing a credit note against any invoice raised for such Products
7. Risk and title
7.1 The Products will be at your risk from the time of delivery.
7.2 Where you purchase as a consumer ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7.3 Where you purchase as a business customer or on behalf of a business:(a) ownership of the Products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to it in respect of:(i) the Products; and(ii) all other sums which are or which become due to us from you on any account.(b) Until ownership of the Products has passed you, you shall:(i) hold the Products on a fiduciary basis as our bailee;(ii) store the Products (at no cost to us) separately from all other goods held by you or any third party in such a way that they remain readily identifiable as the our property;(iii) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and(iv) maintain the Products in satisfactory condition and keep them insured on the our behalf for their full price against all risks to our reasonable satisfaction.(c) Your right to possession of the Products shall terminate immediately if:(i) you have a bankruptcy order made against you or makes an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of you undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator or notice of intention to appoint an administrator is given you or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for winding-up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to the insolvency or possible insolvency; or(ii) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or you fail to observe or perform any of your obligations under this Contract or any other contract between us and you, or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or(iii) you encumber or in any way charge any of the Products.(d) You grant us, our agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where your right to possession has terminated, to recover them.(e) Where we are unable to determine whether any Products are the goods in respect of which your right to possession has terminated, you shall be deemed to have sold all goods of the kind sold by us to you in the order in which they were invoiced to you.(f) On termination of the contract, howsoever caused, our (but not your) rights contained in this condition 8.3 shall remain in effect.
8. Price and payment
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by Trade Account (if you are a registered Trade Account Holder) or credit or debit card.
8.7 If you are a Trade Account holder your payment terms will be as per our standard Trade Account Terms and Conditions.
8.8 We accept payment by Visa, Visa Debit, Visa Electron, Mastercard, Maestro, JCB and Switch Solo. Where you make payment by credit or debit card we will not charge your credit or debit card until we despatch your order.
9. Our refunds policy
9.1 When you return a Product to us:(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1), 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, including 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 have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. Our liability
10.1 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.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
10.3 This does not include or limit in any way our liability:(a) For death or personal injury caused by our negligence;(b) Under section 2(3) of the Consumer Protection Act 1987;(c) For fraud or fraudulent misrepresentation; or(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:(a) loss of income or revenue(b) loss of business(c) loss of profits or contracts(d) loss of anticipated savings(e) loss of data(f) loss of data, or(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise..
10.5 Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
11. Import duty
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to JAC Tools (Aylesbury) Limited at Unit 3 March Place Gatehouse Way Aylesbury HP19 8UG or firstname.lastname@example.org . We may give notice to you at either the [e-mail or] postal address you provide to us when placing an order, or in any of the ways specified in clause13. Notice will be deemed received and properly served immediately when posted on our website, [24 hours after an e-mail is sent], or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. Transfer of rights and obligations
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 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.
14.3 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.
15. Events outside our control
15.1 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).
15.2 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.
15.3 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.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
19. Our right to vary these terms and conditions
19.1 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.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. 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.