These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website http://tooltray.com. We are SIG Trading Limited, a company registered in England and Wales under company number 01451007 and with our registered office at Hillsborough Works, Langsett Road, Sheffield S6 2LW. Our main trading address is 71 Gelderd Road, Leeds, West Yorkshire, LS12 6HF. Our VAT number is GB 487017333.
1.2 To contact us, please see our Contact Us page http://tooltray.com/ContactForm.aspx
2. Our Products
2.1 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. The Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements and other physical properties of the Products are subject to reasonable manufacturing tolerances.
2.3 The packaging of the Products may vary from that shown on images on our Site.
2.4 We reserve the right to amend the specification of any Products if required by any applicable legal requirements.
2.5 All Products shown on our Site are subject to availability. We will inform you by e-mail or telephone as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. Use of our site
Your use of our Site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. If you are a consumer
This clause 5only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our Site if you are at least 18 years old and we reserve the right to cancel your order if we reasonably believe that you are not at least 18 years old.
5.2 Certain Products on our Site can only be purchased if you satisfy the legal requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are under age, please do not attempt to order these Products through our Site.
5.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. If you are a business customer
This clause 6only applies if you are a business customer.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Site to purchase Products.
6.3 Any samples, drawings, descriptive matter or advertising issued by us and any descriptions of the Products on our Site or contained in 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.
6.4 These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
7. How the contract is formed between you and us
7.1 After you place an order, you will receive an e-mail from us acknowledging that we have received your order (“the Order Confirmation E-mail”). However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.2.
7.2 If the order cannot be fulfilled as detailed in the Order Confirmation E-mail, we will contact you by telephone or email with a view to offering an alternative product for sale or a refund. The Contract between you and us will be formed upon dispatch of the Products or 5 working days from the date of the Order Confirmation E-mail, whichever is the earlier.
7.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Site as referred to in clause 11.5, we will inform you of this by e-mail or telephone and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8. Our right to vary these terms
8.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you; and
(b) changes in relevant laws and regulatory requirements.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000). This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of any custom-made products or products that are made to your specification or are clearly personalised.
9.3 You will be entitled to cancel any order placed or the Contract at any time up to a period of 7 (seven) working days from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.4 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to [email protected]
9.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
9.6 If you have returned the Products to us under this clause 9because they are faulty or mis-described, we will refund the price of a defective Product in full, and any applicable delivery charges.
9.7 We refund you on the credit card or debit card used by you to pay.
9.8 Restocking charges may apply. We will discuss this with you upon receipt of the cancellation request. Restocking charges will be applied where the products are no longer required AND NOT for goods returned because either defective or damaged. We usually charge 25% of value (minimum £25.00 and maximum £100 charge which includes handling).
9.9 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable. If the Products require collection, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us or, where relevant, the cost of us collecting the Products from you. The collection charge depends on the product and will be discussed with you upon receipt of the cancellation request.
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.10 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation E-mail. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
Clauses 10.1 – 10.5 only apply if you are a consumer.
10.1 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation E-mail, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2 Delivery will be completed when we deliver the Products to the address you gave us.
10.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises and we will contact you to re-arrange delivery.
10.4 The Products will be your responsibility from the completion of delivery.
10.5 You own the Products once we have received payment in full, including all applicable delivery charges.
Clauses 10.6 – 10.15 only apply if you are a business customer.
10.6 We shall ensure that: (a) each delivery of the Products is accompanied by a delivery note; and (b) if we require you to return any packaging material to us, that fact is clearly stated on the delivery note. You shall make any such packaging materials available for collection at such times as we shall reasonably request. Returns of packaging materials shall be at our expense.
10.7 We shall deliver the Products to the location set out in the order or such other location as the parties may agree (“Delivery Location”) at any time after we notify you that the Products are ready. Delivery shall be to the kerbside as near as possible to the Delivery Location, where you believe that such place is suitable for uploading during your normal working hours on a business day. Delivery personnel are unable to enter private residences.
10.8 Where the Products are delivered by us, delivery of the Products shall be completed on the Products’ arrival at the Delivery Location. You shall be solely responsible for any additional lifting once delivery of the Products has been made. We shall not be liable for any damage that occurs during such unloading. In the event that the same exceeds a period of one hour then demurrage may be charged by us to you.
10.9 Where the Products are collected by you then delivery of the Products shall be completed upon completion of the loading of the Products. We shall not be liable for any damage that occurs during the loading or unloading of the Products.
10.10 Any claims by you in respect of alleged shortage or damage or loss in transit must be notified to us within 24 hours of delivery and confirmed in writing within three days of delivery taking place. Any evident damage to external packaging must be the subject of an endorsement on your delivery note at the time of delivery. No claim can be made by you under this clause if an acceptance note relating to the Products has been signed by you or your agent or employee without reference to the alleged damage, shortage or loss in transit.
10.11 Any dates quoted for delivery of the Products are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Products that is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products..
10.12 If we fail to deliver the Products, our liability shall be limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products. We shall have no liability for any failure to deliver the Products to the extent that such failure is caused by an Event Outside Our Control or your failure to provide us with adequate delivery instructions for the Products or any relevant instructions related to the supply of the Products.
10.13 If you fail to accept or take delivery of the Products within seven business days of us notifying you that the Products are ready, then except where such failure or delay is caused by an Event Outside Our Control or by our failure to comply with our obligations under the Contract in respect of the Products: (a) delivery of the Products shall be deemed to have been completed at 9.00 am on the business day following the day on which we notified the you that the Products were ready; and (b) we shall store the Products until delivery takes place, and charge you on an indemnity basis all related costs and expenses (including insurance).
10.14 If 28 days after we notified you that the Products were ready for delivery you have not accepted or taken delivery of them, we may resell or otherwise dispose of part or all of the Products, and after deducting reasonable storage and selling costs, account to you for any excess over the price of the Products or charge you for any shortfall below the price of the Products.
10.15 We may deliver the Products by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.
11. Price of products and delivery charges
11.1 The prices of the Products will be as quoted on our Site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation E-mail.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page on http://tooltray.com
11.5 Our Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12. How to pay
You can only pay for Products using a debit card or credit card. We accept all UK based cards save for AMEX.
13. Manufacturer guarantees
13.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
13.2 If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
14. Our warranty for the Products
14.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 14.2.
14.2 The warranty in clause 14.1does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate, store, install, maintain or use the Products in accordance with the manufacturer’s instructions or good trade practice (where relevant); or
(d) any alteration or repair by you or by a third party without our written consent.
14.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
This clause 15 only applies if you are a business customer.
15.1 Products returned at your request not on our own vehicle shall be at your risk regarding insurance for a value not less than the full invoice price.
15.2 Subject to clause 14.1 specifically ordered or non stock items are not returnable.
15.3 Costs of collection and re-delivery of replacement items will be met by you unless attributable to our negligence. Only Products returned in a saleable condition can be accepted for credit. We reserve the right to levy a re-stocking and handling charge. All returns must be sanctioned by us prior to Products being brought back.
16. Our liability if you are a business
This clause 16 only applies if you are a business customer.
16.1 We only supply the Products for internal use by your business, and you agree not to use the Products for any re-sale purposes.
16.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
16.4 Subject to clause 16.2and clause 16.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
17. Our liability if you are a consumer
This clause 16 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
18. Events outside our control
18.1 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 an Event Outside Our Control which is defined below in clause 18.2.
18.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or by any failure of our sub-contractors to supply us.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19. Communications between us
19.1 When we refer, in these Terms, to "in writing", this will include e-mail.
19.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in the manner referred to at clause 9.4.
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail at [email protected]
19.3 If we have to contact you or give you notice in writing, we will do so by e-mail, by telephone, or by post to the address you provide to us in your order.
19.4 If you are a business, please note that any notice given by you to us, or by us to you, 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. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20. Other important terms
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.5 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
20.6 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.