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TERMS & CONDITIONS
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Terms and Conditions
Your Status
By placing an order through our site, you warrant that: You
are legally capable of entering into binding contracts; and You are at least 18
years of age; and Payment Currently paypal is only method of payment. All
transactions are in pounds sterling.
Delivery
Delivery Charges in Mainland UK including Vat are as
follows; Standard..........Next working day.Also small packets will be by royal
mail 1st class recorded.
We are very happy to deliver outside Mainland UK but
delivery costs will be quoted upon receipt of order. In most cases the standard
service on orders received prior to 4:00pm for delivery to addresses in Mainland
UK is that the goods will be delivered within two working days (i.e. If you
place your order before 4:00pm on Monday your goods should be delivered on
Wednesday).
Unavailability
In the event that a product is unavailable for whatever
reason, we will contact you to ask you whether you would like us to supply a
suitable alternative product. We will not supply you with an alternative product
unless we receive instruction from you that you wish us to do so. If you opt not
to purchase an alternative product, we will refund the full value of the product
and any applicable carriage charges.
Risk and Title
The Products will be at your risk from the time of
delivery. 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.
Pricing
All prices quoted are inclusive of Vat. The only possible
additional charge above the price quoted for the item is a carriage charge of
£8.99 on orders.
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. 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.
Guarantees
Gks Tools take great care to ensure that all the products
featured on this website are of a high quality. As part of our commitment to
quality we provide 1 year's guarantee on all Hand Tool products on this website
provided that they have been used, at all times, in the correct manner. However
in many cases, due to the exceptional quality of the products, the manufacturers
will give much longer guarantees on their products.
As far as Power Tools are concerned We follow the
manufacturer's policy, details of which will be included with the product. If a
product is faulty and under guarantee you should follow the procedures detailed
below.
Cooling Off Period
You may, if you wish, cancel your order for any reason
within 7 days starting on the day after you receive the goods. To do this you
will need to notify us either in writing or by contacting by e-mail that you
wish to do this, specifying the order number of the order to be cancelled. If
you do this we may ask you to pay the cost of returning the goods to us but,
apart from this, the whole of your money will be returned to you .
Faulty, Incorrectly Supplied and Damaged Items
If an item has been incorrectly supplied, received damaged
or is faulty then all you need to do is follow the Returns Procedures detailed
above. We will then arrange collection of the item(s) free of charge.
Upon receipt of the item(s) we will refund the full value
of the goods and any carriage costs within 30 days.
Import Duty
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.
Please also note that you must comply with all applicable
laws and regulation for the country for which the Products are destined. We will
not be liable for any breach by you of any such laws.
Transfer of rights and obligations
The contract between you and us is binding on you and us
and on our respective successors and assigns. 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. 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.
Events outside our control
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. 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
Strikes, lock-outs or other industrial action Civil
commotion, riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war Fire, explosion,
storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft,
motor transport or other means of public or private transport.
Impossibility of the use of public or private
telecommunications networks.
The acts, decrees, legislation, regulations or restrictions
of any government.
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.
Waiver
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. A waiver by us of any default shall not
constitute a waiver of any subsequent default. 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 these terms and
conditions.
Severability
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.
Entire agreement
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.
Our right to vary these terms and conditions
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 or any other changes. 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).
Contract Information and Governing Law
A Contract is formed between you and gks tools only when
you have received confirmation that your order has been dispatched and you are
notified of the order number on the screen and by E-Mail.
For the avoidance of doubt the Contract will be deemed to
have been concluded in the United Kingdom and shall be governed by and construed
in accordance with English Law and you and gks tools will agree to submit to the
non-exclusive jurisdiction of the English Courts.
The contract between you and us will be conducted in
English.
Disclaimer
Whilst great care has been taken to ensure that the
information on this website is accurate, information as to price may be subject
to change without notice. Without in any way reducing or affecting you statutory
rights, gks tools makes no representations or warranties either that the
information in or accessible via this website is accurate, complete or current,
nor of any other kind, express or implied, with respect to this website or the
products, information, materials or content including, without limitation,
warranties of merchantability and/or fitness of any product for a particular
purpose.
Our Liability
A) 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.
B) 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 and any losses which are a foreseeable consequence of us
breaking the agreement. Losses are foreseeable where they could be contemplated
by you and us at the time your order is accepted by us.
C) 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,
D) We are not responsible for indirect losses which
happen as a side effect of the main loss or damage and which are not
foreseeable by you and us, 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, or
f) waste of management or office
time however arising and whether caused by tort
(including negligence), breach of contract or otherwise
even if foreseeable];
provided that this clause D shall not prevent claims for
loss of or damage to your tangible property that fall within the terms of clause
A or clause B or any other claims for direct financial loss that are not
excluded by any of categories (a) to (f) inclusive of this clause D.
Statutory Rights
Your Statutory Rights are unaffected by anything appearing
in these terms and conditions. |
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