EXPERT TOOL STORE - TERMS AND CONDITIONS OF USE

1 ACCEPTANCE OF TERMS

Your access to and use of EXPERT-TOOLSTORE.com ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2 ADVICE

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

3 CHANGES TO WEBSITE

EXPERT-TOOLSTORE.com reserves the right to:

3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that EXPERT-TOOLSTORE.com shall not be liable to you for any such change or removal; and

3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4 LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5 COPYRIGHT

5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to EXPERT-TOOLSTORE.com or otherwise used by EXPERT-TOOLSTORE.com as permitted by law.

5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

6 DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

6.2 To the extent permitted by law, EXPERT-TOOLSTORE.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

6.3 EXPERT-TOOLSTORE.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of EXPERT-TOOLSTORE.com for death or personal injury as a result of the negligence of EXPERT-TOOLSTORE.com or that of its employees or agents.

7 INDEMNITY

You agree to indemnify and hold EXPERT-TOOLSTORE.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against EXPERT-TOOLSTORE.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

8 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

TERMS AND CONDITIONS OF SALE

1 DEFINITIONS

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;

1.2 "Consumer" shall have the meaning as described in section 12 of the Unfair Contract Terms Act 1977;

1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;

1.5 "Seller" means Your Tool Store Ltd of 2D Quintdowns Business Park, West Road, Quintrell Downs, Cornwall, TR8 4DS that owns and operates EXPERT-TOOLSTORE.com

1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;

1.7 "Website" means EXPERT-TOOLSTORE.com

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.

3 ORDERING

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.

3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described as

a, Select Product to purchase by clicking on ‘Add to cart’ button next to the product

b, Repeat until all Products to be ordered have been added to cart

c, In the ‘CART’ section click ‘Check out’

d, Check details in ‘SHOPPING CART SUMMARY’ such as Products, Prices, Quantities and Delivery Costs.

e, Enter VOUCHER CODE if applicable

f, Create an account to Register as a customer OR enter your email address & password if you have already registered

g, Enter details as requested

h, Confirm transaction

3.4 Once the Buyer has confirmed the order the Seller will check stock and prices. Should the Seller approve the order then a confirmation of approval will be emailed to the Buyer, this will be in an email titled 'Payment Approved - Processing Order'.

3.5 Orders for Goods from the Website can only be delivered to a UK or Ireland address. (For clarity this excludes Channel Islands)

4 PRICE AND PAYMENT

4.1 The price of the Goods shall be that stipulated on the Website. The price displayed is set to a default of including VAT. A VAT breakdown is shown at checkout & on invoices.

4.2 VAT is charged at the current and relevant rate.

4.3 The total purchase price, including VAT and shipping charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

4.4 Delivery cost is FREE for ALL ORDERS over £100.00 including VAT otherwise a £6.00 including VAT shipping charge will be added for order between £50.00 and £100.00 and for orders less than £50.00 a £18.00 including VAT charge will be added. (£5.00 + VAT delivery and £10.00 + VAT small order handling charge)

4.5 After the order is received the Seller shall confirm by email the details, description and price for the Goods.

4.6 In the case of Consumer and Business sales, payment of the price plus VAT and shiping charges must be made in full before dispatch of the Goods.

4.7 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of The Bank of England from time to time in force.

5 RIGHTS OF SELLER

5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.

5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6 AGE OF CONSENT

6.1 Where Goods may only be purchased by persons of a certain age the Buyer must be of that appropriate legal age when placing the order to purchase the Goods.

6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

6.3 Legal age shall be deemed to be 18 years old.

7 DELIVERY

7.1 Delivery is FREE for ALL ORDERS over £100.00 including VAT otherwise we add £6.00 including VAT as a shipping charge will be added for orders between £50.00 and £100.00 and for orders less than £50.00 a £18.00 including VAT charge will be added. (£5.00 + VAT delivery and £10.00 + VAT small order handling charge)

7.2 Orders that are approved before 3.00pm are typically processed the same day. Orders that are approved after 3.00pm are typically processed the next working day. Order approval is deemed to be when the Buyer receives an email titled 'Payment Approved - Processing Order' from the Seller.

7.2.1 Working days are typically Monday to Friday inclusive.

7.2.2 Non working days are typically classed as Saturdays, Sundays and public holidays in Europe, mainly in UK and France.

7.3 Goods supplied within the UK will normally be delivered within 4 to 5 working days of approval of the order. Highlands, Islands and more remote locations can take longer.  All orders are shipped directly from the Facom and Britool Expert warehouse in France.

7.4 The Seller cannot provide specific delivery dates and cannot be held responsible for late deliveries.

7.5 The Seller shall use its reasonable endeavours to meet the estimated delivery date. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

7.6 Delivery of the goods shall be made to the Buyer’s UK address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the order whenever they are tendered for delivery.

7.6.1 The Buyer must make arrangements to sign for receipt of the order by adults over 18 years.

7.6.2 Pallet deliveries can only be made to UK ground floor addresses.

7.7 Risk in the Goods shall pass to the Buyer upon delivery of the order, or where the Buyer fails to take delivery on the estimated date and time, at the time delivery was attempted.

7.7.1 If the Buyer is not present to receive and sign for the order then they will either be taken to the courier’s depot or to a local UPS Access Point. It is the Buyers responsibility to re-arrange delivery or collection. If this is not completed within 3 working days from the 1st delivery attempt then the order will be returned to the Seller.

7.7.2 In this instance the Buyer will receive a full refund (excluding outbound shipping costs) within 28 days less a 20% re-stocking charge and any other costs incurred by the Seller.

7.8 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

8 CANCELLATION AND RETURNS

8.1 The Buyer may cancel the order for any reason up to the point of despatch and any payments made by the Buyer shall be refunded in full within 28 days.

8.1.1 Cancellations must be made by writing through Contact us where by written (email) confirmation of the cancelled order will be sent to the Buyer.

8.1.2 If the order is NOT cancelled before despatch then it will be treated as an unwanted order.

8.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email through Contact us within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods and the Goods are un-damaged and as per the Contract.

8.3 Where a claim of incorrect delivery, defect or damage is made the Seller shall be responsible for the recovery of the Goods from the Buyer within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (excluding shipping costs) if the Goods are in fact defective.

8.3.1 If the Goods are not defective or are deemed by the Seller to have been neglected or misused then no refund nor exchange will be due to the Buyer. The Seller will confirm this in writing by email.

8.3.2 In this instance the Seller may offer to return these Goods for a reasonable delivery charge alternatively the Buyer shall arrange for immediate collection of the Goods before disposal after 14 days at the Buyers cost.

8.4 If the Goods are not received by the Buyer after a period of 3 working days from the initial delivery date or attempted delivery date then the Goods shall be returned to the Seller.

8.4.1 In this instance the Buyer will receive a full refund (excluding outbound delivery costs) within 28 days less a 20% re-stocking charge and any other costs incurred by the Seller.

8.5 If you are a Consumer you have the right, in addition to your other rights, to cancel the Contract (for unwanted Goods) and receive a refund by informing the Seller by email through Contact us within 14 working days of receipt of the Goods. The right to cancel does not apply to business contracts.

8.5.1 In the event of cancellation of Contract (for unwanted Goods), the Buyer shall be responsible for returning the Goods to the Seller. The Buyer will be under a duty to take care of the Goods until they have been received and signed for by the Seller. The Buyer should arrange appropriate packaging and postage, including insurance and proof of postage to ensure the Goods are received intact by the Seller.

8.5.2 The Seller will only accept unwanted Goods for return that are in original unopened and saleable condition.

8.5.3 In this instance the Buyer will receive a full refund (excluding outbound shipping costs) within 28 days less a 20% re-stocking charge and any other costs incurred by the Seller.

8.6 In the event of a Facom Tools Guarantee claim or a Britool Expert Guarantee claim the Buyer must inform the Seller of the claim in writing including proof of purchase through Contact us or by calling the sales helpline on 01637 873 944.

8.6.1 The Britool Expert Guarantee only applies to products which have been used as intended and have not been misused, abused or neglected.

8.7 Any Goods to be returned must, regardless of reason and claim, must be authorised by the Seller and clearly show the returns number obtained from the Seller on the package. Returns must be received within 14 days of the recipt of the returns number otherwise the Goods will not be received or 'signed for' by the Seller and no refund will be due.

9 LIMITATION OF LIABILITY

9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

10 WAIVER

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

11 FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

12 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

13 CHANGES TO TERMS AND CONDITIONS

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

14 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

EXPERT-TOOLSTORE.com is owned and operated by Your Tool Store Ltd.
Your Tool Store Ltd, 2D Quintdowns Business Park, West Road, Quintrell Downs, Cornwall, TR8 4DS.
Company Number 08059157 VAT Number 134 5560 23
Email: Contact us
Sales Helpline: 01637 873 944 Mondays to Fridays, 8.30am to 5.30pm (Closed UK Bank Holidays)