TERMS AND CONDITIONS OF USE AND SALE (Updated 1st July 2021)
TERMS AND CONDITIONS OF USE
1. WEBSITE OWNERSHIP
Expert-toolstore.com is owned and operated by Expert Tool Store Ltd, 2d Quintdown Business Park, West Rd, Quintrell Downs, Cornwall, TR8 4DS, United Kingdom. Company number 08059157, registered in England and Wales.
2. ACCEPTANCE OF TERMS AND CONDITIONS OF USE
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.
In accessing the Website you agree that you will access the content, either, for your own personal use as the purchaser, or on behalf of a corporate entity where you are the purchaser.
3.1 All copyright, trademarks 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 by Expert Tool Store Ltd or otherwise used by Expert Tool Store Ltd as permitted by law.
3.2 None of the content may be copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of Expert Tool Store Ltd or the copyright holder.
3.2.1 This excludes the downloading of PDFs, where these are permitted to be copied, reproduced, transmitted and stored, so long as the PDF remains in its entirety, and not disseminated into any parts, or used in any other website, document or publication.
3.2.2 This excludes printing of pages, where these are permitted to be copied, reproduced, transmitted and stored, so long as the printed page remains in its entirety, and not disseminated into any parts, or used in any other website, document or publication.
4. ADVISE AND USE
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision and Expert Tool Store Ltd do not recommend any product or service. The Website is provided as a reference guide and aide for users to make and place an order with Expert Tool Store Ltd.
5. DISCLAIMER AND LIMITATION OF LIABILITY
5.1 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.
5.2 To the extent permitted by law, Expert Tool Store Ltd will not be liable for any direct, 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.
5.3 Expert Tool Store Ltd 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.
5.4 Nothing in these Terms and Conditions Of Use shall be construed so as to exclude or limit the liability of Expert Tool Store Ltd for death or personal injury as a result of the negligence of Expert Tool Store Ltd or that of its employees or agents.
By using the Website, you agree to indemnify Expert Tool Store Ltd, it’s employees, it’s agents and it’s suppliers from and against all liabilities, including, but limited to, legal fees, damages, losses, costs and other expenses, in relation to any claims or actions brought against Expert Tool Store Ltd, its employees, it’s agents and it’s suppliers, arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
7. CHANGES AND AMENDMENTS TO WEBSITE
Expert Tool Store Ltd reserves the right, at any time, to:
7.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Expert Tool Store Ltd shall not be liable to you for any such change or removal; and
7.1.1 change the prices on the Website at any time. Where any prices stated on the website do not constitute an offer from Expert Tool Store Ltd to sell or supply the goods at that price, the prices are intended as an invitation for the Buyer to make an offer to purchase the Goods at the stated price.
7.2 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 changes.
8. LINKS TO 3rd PARTY WEBSITES
The Website may include links to third party websites that may or may not be controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Expert Tool Store Ltd are not responsible for the content or availability of any such sites.
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.
10. GOVERNING LAW
These Terms and Conditions Of Use shall be governed by and construed in accordance with the law of England and Wales, and you hereby submit to the exclusive jurisdiction of the courts of England and Wales.
TERMS AND CONDITIONS OF SALE
1.1 "Seller" means Expert Tool Store Ltd, 2d Quintdown Business Park, West Rd, Quintrell Downs, Cornwall, TR8 4DS, United Kingdom. Company number 08059157, registered in England and Wales, who own and operate the Website.
1.2 "Buyer" means the individual or organisation who buys or offers to buy, or agrees to buy the Goods from the Seller;
1.3 "Consumer" shall have the meaning as described in section 12 of the Unfair Contract Terms Act 1977;
1.4 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.5 "Goods" means the articles that the Buyer agrees to buy from the Seller;
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. GENERAL CONDITIONS
2.1 The Buyer confirms that they are legally entitled to make an order by offering to purchase Goods from the Seller, either for themselves or on behalf of an organisation or business.
2.1.1 The Buyer certifies that they are of legal age of adulthood. In the UK this is over the age of 18 years.
2.2 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.3 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.
2.4 Placing of an order of Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.5 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 to not to accept an order for any reason.
2.6 Acceptance of an order for Goods shall be deemed to occur at the point that goods have been shipped from the Seller to the Buyer.
2.7 The Seller may cancel the order for Goods at any time.
2.8 Goods may not be available from stock, and will therefore be subject to a delay in shipping.
2.8.1 The Seller may, at the Sellers own cost, choose to partially ship orders.
2.8.2 The Seller may, at the Buyers written approval, invoice the Buyer for extra shipment costs as a result of extra shipments made.
2.9 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.
2.10 Any complaints should be made in writing and addressed to the Seller's address stated in clause 1.1
3. PRICE, VAT / SALES TAX AND CURRENCY
3.1 The price for Goods is stated for each product on the Website, where the Buyer may choose to see the prices inclusive or exclusive of any VAT or sales tax, that may be applicable.
3.1.1 The Seller reserves the right to change the prices on the Website at any time.
3.1.2 Any prices stated on the website do not constitute an offer from the Seller to sell the goods at that price, the prices are intended as an invitation for the Buyer to make an offer to purchase the Goods at the stated price.
3.2 VAT or sales tax is only applicable for Goods intended for use within the United Kingdom. All orders for export from the United Kingdom will be zero rated for VAT or sales tax.
3.2.1 VAT is charged at the current and relevant rate at date of order.
3.2.2 If VAT is zero rated (not charged) this will be shown as a zero value (£0.00) on the order confirmation and invoices.
3.2.3 The Buyer may be liable for sales tax upon import into their country. It is the Buyers’ responsibility to check if this sales tax is applicable or due and to make the arrangements to pay these fees upon import.
3.3 All prices are stated in Great British Pounds (GBP).
3.4 The total amount due for the order is stated in the checkout page.
4. SHIPPING AND FEES
4.1 The Buyer may choose a preferred courier option at checkout, however the Seller reserves the right to change the nominated courier at any time.
4.2 Shipping duration depends upon the method chosen and the destination address. See Appendix A for typical shipping durations.
4.3 All shipping options and fees are stated at time of checkout and are included in the total cost of the order.
4.4 All shipping options are quoted as Incoterm Delivery at Place (DAP) excluding import duties and local taxes, except for the countries listed in Appendix A, where these countries do not include Goods insurance so are quoted as Incoterm Carriage Paid To (CPT) excluding import duties and local fees. For countries listed in Appendix B, the Buyer is responsible for arranging and payment of Goods insurance.
4.4.1 For the avoidance of doubt, it is the Buyers responsibility to pay all import duties for custom clearance. If the Buyers doesn’t pay import duties so that the Goods do not clear customs, the Goods shall be deemed to have been delivered to the Buyer, and ownership, title and risk shall pass to the Buyer.
4.5 For UK shipments, there will be no import duties or local taxes other than VAT which is stated at checkout.
5. ORDER PROCESS
5.1 When a Buyer wishes to place an order though the Website, the Buyer should,
5.1.1 Sign into the Buyers’ account (unless the Buyer wishes to proceed as a guest)
5.1.2 Select Goods for purchase using the ‘BASKET’ icon or ‘ADD TO BASKET’ buttons
5.1.3 View ‘BASKET’ to review the chosen Goods, quantities and prices and totals
5.1.4 Select ‘SECURE CHECKOUT’ to confirm and proceed
5.1.5 Check your delivery address or add a new delivery address
5.1.6 Select delivery method
5.1.7 Select ‘UPDATE SHIPPING + CHECKOUT’ button to confirm and proceed
5.1.8 Select preferred payment method
5.1.9 Tick the box to confirm that you have read and accept these Terms and Conditions
5.1.10 Select ‘PLACE ORDER’
5.1.11 The Buyer will receive an order confirmation to the Buyers email address
5.1.12 Once the Seller receives the payment, the Buyer will receive the invoice for all Goods ordered
5.1.13 Once the Seller ships the goods, the Buyer will receive a shipment notification for all Goods contained in that shipment, a commercial invoice will also be provided
5.2 Payment Methods.
As described in clause 5.1.8, the Buyer may select a preferred payment method. If the Buyer paid by,
5.2.1 Credit Card or Debit Card or PayPal, the Buyer will also receive either, an invoice for all Goods, or, if the payment was declined, the Buyer will receive an email confirming the order has been cancelled.
5.2.2 Bank transfer, the Buyer should use the order confirmation as the pro-forma invoice to arrange immediate payment to the bank details provided on the email and pdf. Once payment has been received the Buyer will receive an invoice for all Goods.
5.2.3 The Seller will not accept any orders for Goods that have not been paid in full in advance, unless agreed in writing by the Seller.
5.3 Acceptance of order for Goods.
As stated in clause 2.5, the Seller does not accept the order for the Goods until the time and date that the Goods have been shipped from the Seller. The Buyer will be notified by email at this point, usually by way of a shipment advise email.
5.4 Delivery of Goods.
5.4.1 Delivery of Goods will be made by the Sellers’ appointed agent, such as a courier or haulier, to the specified delivery address, unless otherwise agreed in writing by the Seller.
5.4.2 The Buyer must make suitable arrangements to receive the Goods at the specified delivery address.
184.108.40.206 If the Goods cannot be delivered for any reason, the courier or haulier will, either, attempt another delivery, or ask the Buyer to contact the couriers’ or hauliers’ local depot for re-delivery or collection.
220.127.116.11 If the Goods cannot be re-delivered or are not collected by the Buyer, the Goods will be either returned to the Seller, or destroyed, at the Buyers cost. In this case, the Buyer shall have no right to a claim for the cost of Goods or shipping.
5.4.3 Delivery of Goods will deem to have taken place once Goods have been delivered to the specified delivery address. The Buyer is required to sign for receipt of Goods at point of delivery, however,
18.104.22.168 The Buyer may choose to request that the courier or haulier leave the Goods at the specified delivery address without signature, if the Buyer makes this request, then delivery of goods will take place as soon the courier or haulier leaves the Goods at the specified address. If Goods are then lost or stolen, the Buyer accepts all responsibility for the loss.
22.214.171.124 The Sellers’ appointed agent will deem the Goods delivered with either, receipt of a signature or by the Buyer approving the courier to leave the Goods without signature.
5.4.4 Risk and title of Goods will pass to the Buyer upon delivery to the specified delivery address.
5.4.5 Once all Goods have been delivered the Contract is considered fulfilled and complete.
6. DAMAGES AND SHORTAGES
6.1 The Buyer agrees to inspect the delivered Goods within 3 days from delivery.
6.1.1 The Buyer agrees to immediately notify the Seller in writing of any damages or shortages of Goods from the shipment.
6.1.2 If the Buyer fails to notify the Seller, the Buyer shall be deemed to have accepted the Goods in full and undamaged as per the Contract.
6.2 Any claims or notifications for damages or shortages must be made in writing to the Seller, either through the Website or by emailing [email protected]
6.2.1 Any claims not made within 3 days may not be valid.
7. ORDER CANCELLATIONS
7.1 Cancellations must be made, by the Buyer, in writing through the Website or by emailing [email protected], clearly stating the order number.
7.2 Cancellations cannot be made for custom Goods, such as tool kits, foaming or etching, specifically all Goods included in the Website category known as ‘TOOL KITS’. Orders for these Goods cannot be cancelled at any time.
7.2.1 Etching also includes all Goods where any etching was ordered, so if any Goods were ordered with etching, then these Goods also become custom and cannot be cancelled at any time.
7.3 The Buyer may cancel their order, for any reason, up to the point of shipping and up to 14 days from delivery of Goods.
7.3.1 For cancellations up to the point of shipping, the Seller will refund the Buyer in full for the costs of shipping and Goods, excluding the cost of custom Goods, within 28 days of receipt of cancellation request.
7.3.2 For cancellations after the shipping date, but before the 14th day after the Goods were delivered. The Seller can only accept returns where,
126.96.36.199 the Goods are unopened and in original condition, including the packaging,
188.8.131.52 the Buyer agrees to and arranges to return the Goods so that they are received by the Seller no later than 14 days after the cancellation requests was made and accepted,
184.108.40.206 the Buyer agrees to and pays for the return of the Goods to the Sellers address,
220.127.116.11 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.
18.104.22.168 the Seller will refund the total cost of the order including original basic shipping costs, and cost of Goods excluding any custom Goods.
7.4 If a Buyer wishes to cancel an order after 14 days from delivery of Goods, this shall be treated as a return request and the Seller has no obligation to accept the Goods back.
7.5 All refunds will be made via the same method the Buyer used to make the payment.
8. GOODS RETURNS
The Seller has no obligation to accept returns of Goods after 14 days from date of delivery. However, the Seller may, at the Seller’s discretion, choose to accept returns for Goods, so long as,
8.1 the Goods are unopened and in original condition, including the packaging,
8.2 the Buyer agrees to and arranges to return the Goods so that they are received by the Seller no later than 14 days after the returns requests was approved,
8.3 the Buyer agrees to and pays for the return of the Goods to the Sellers address,
8.4 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 the Buyer agrees to a 20% restocking charge
8.6 the Seller will refund the value of the Goods less the restocking charge, excluding any shipping costs.
9. FAULTY GOODS AND WARRANTY CLAIMS
If the Buyer believes their Goods to be faulty and wished to make a claim,
9.1 in the first instance, the Buyer must confirm the details of their faulty Goods claim in writing through the Website, or on email to [email protected], including details of their, name, address, order number, product number, reason for claim and any supporting evidence for the faulty claim, for example photographs of the claimed fault.
9.2 For UK Buyers, if the Seller requests to inspect the Goods, the Buyer should, at the Buyers’ cost, return the claimed faulty Goods, to the Seller for inspection, using a reputable and economical service where the Goods are insured, and a signature is obtained as proof of delivery.
9.2.1 The Buyer has 14 days to return the Goods for inspection, otherwise the Seller will close the case.
9.2.2 Upon inspection of the Goods,
22.214.171.124 if the claim is upheld, the Seller will either repair or replace the Goods and arrange for the Goods to be shipped back to the Buyer.
126.96.36.199 if the claim is declined, the Seller will notify the Buyer and the Buyer will have 14 days to arrange for collection of the Goods, otherwise the Seller will dispose of the Goods at the Buyers cost.
188.8.131.52 the Buyer may ask for a second opinion from the manufacturer, where the manufacturers decision will be final.
9.2.3 The Seller is not responsible for the cost of the return shipping from the Buyers address to the Sellers Address, and the return is at the Buyers cost,
184.108.40.206 except where the faulty goods claim is within 30 days from the date of delivery of the Goods. In this case, where the claim is upheld, the Seller shall be responsible for the return shipping and the Seller will reimburse the Buyer for the return shipping costs.
9.3 For export Buyers, where the Goods have left the UK, if the Seller requests to inspect the Goods, the Buyer should, at the Buyers’ cost, return the claimed faulty Goods to the Seller for inspection, using a reputable and economical service where the Goods are insured, and a signature is obtained as proof of delivery.
9.3.1 The Buyer has 14 days to return the Goods for inspection, otherwise the Seller will close the case.
9.3.2 Upon inspection of the Goods,
220.127.116.11 if the claim is upheld, the Seller will either repair or replace the Goods and arrange for the Goods to be shipped back to the Buyer, or
18.104.22.168.1 The Seller may, at the Sellers discretion, offer the Buyer a refund for the faulty Goods.
22.214.171.124 if the claim is declined, the Seller will notify the Buyer and the Buyer will have 14 days to arrange for collection of the Goods, otherwise the Seller will dispose of the Goods at the Buyers cost.
126.96.36.199 the Buyer may ask for a second opinion from the manufacturer, where the manufacturers decision will be final.
9.3.3 The Seller is not responsible for the cost of the return shipping from the Buyers address to the Sellers Address, and the return is at the Buyers cost.
All refunds will be made via the same method the Buyer used to make the payment, and will be processed within 28 days from the date of decision.
11. LIMITATION OF LIABILITY
11.1 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.
11.2 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.
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.
13. 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.
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.
15. 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.
16. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales, and you hereby submit to the exclusive jurisdiction of the courts of England and Wales.
EXPERT-TOOLSTORE.com is owned and operated by Expert Tool Store Ltd.
Expert Tool Store Ltd,
2D Quintdown Business Park,
West Road, Quintrell Downs,
Cornwall, TR8 4DS, United Kingdom
Company Number 08059157
VAT Number 134 5560 23
Email: [email protected]
Phone: 00 (44) 1637 873 944
APPENDIX A. Approximate Shipping Durations
|Region||DHL Domestic Express||DHL Express Worldwide||Express Pallet||Air-Freight
|UK Mainland||Next Day||Next Day|
|UK Highland + Islands||2-5 Days||2 -5 Days|
|Republic of Ireland||2 Days||3 -5 Days|
|Europe||2 Days||2 -5 Days|
|North America||2 Days||2 -5 Days|
|South America||3 Days||2 -5 Days|
|Africa||2 Days||2 -5 Days|
|Middle East||2 Days||2 -5 Days|
|Asia||3 Days||2 -5 Days|
|Australasia||4 Days||2 -5 Days|
APPENDIX B. Incoterm CPT Countries
|Armenia||Democratic Republic of Congo||Laos||Republic of the Congo||Togo|
|Belarus||Equatorial Guinea||Lesotho||Russian Federation||Uganda|
|Burkina Faso||Ghana||Mauritania||Sierra Leone||Yemen|
|Central Africa Republic||Ivory Coast||Niger||Syria|