Terms and Conditions

1. The Contract

1.1
These Terms and Conditions govern the supply of goods and services sold by Toolbay Direct Ltd, UK registered company No. 5762786 (referred to in these terms as ‘we’ and ‘us’) to the customer (referred to as ‘you’). These terms constitute the entire and only agreement between us in relation thereto.

1.2
All orders placed are subject to acceptance by us, by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.

2. Price & Payment

2.1
The price payable for the goods you order is as set out on our web site at the time you place your order. Any additional charges for carriage and insurance, along with any discounts or optional extras, are as stated on the checkout page of the website.

2.2
It is possible that, very occasionally, an error may occur with our web site and goods may be incorrectly priced. In these circumstances we are not obliged to supply the goods at the incorrect price. In this event we will advise you of any pricing errors and offer the options of canceling the order, adjusting payment or choosing an alternative product.

2.3
We must receive payment for the whole of the price of the goods you order, and any applicable charges for carriage, before your order can be processed. The only exceptions will be if we have agreed other terms, in advance, in writing.

2.4
If you pay by cheque, we reserve the right to allow the cheque to clear before delivering your goods. If paying by cheque, you must provide a valid cheque guarantee card number.

3. Delivery & Title of Goods

3.1
Unless you have arranged in advance a time and date to order and collect the goods from our trade counter, we will deliver the goods in accordance with your order. A valid signature will be required on collection or delivery.

3.2
For reasons of health and safety and to avoid any property damage, large items can only be delivered to a ground floor location at the delivery address.
3.3
Title on the goods will remain with us until full payment is received in respect of those goods.

4. Availability

While we endeavour to hold sufficient stock to meet all orders, and allow sufficient lead times for restocking in the event of selling out, if we have insufficient stock to deliver the goods ordered and paid for by you, we may, at our discretion, deliver a substituted product or refund you the price paid for such goods as soon as possible, and in any case within 30 days. If we are going to supply a substitute product we will always notify you in advance in order to avoid any disappointment.

5. Cancellation & Returns

5.1
At any time prior to the goods being dispatched, you may cancel your order by phone, mail, fax or email. Please note that, if cancellation occurs after the goods have been dispatched and we are unable to recall the delivery, it may be necessary for you to return the goods to us at your own cost.

5.2
In the event that you wish to return the goods you have purchased, you must return the goods to us at your cost unless we agree that you may dispose of them in an appropriate manner. We recommend using a signed-for service. Where the goods are returned to us within 28 days of the original date of purchase, because they are found to be genuinely faulty under warranty, or because the incorrect goods have been sent by us, we will subsequently refund the cost of return carriage.

6. Liability

6.1
If you have notified us of a problem with the goods within 30 days of delivery, we will (subject to clause 4) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.

6.2
We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions.

6.3
This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.

7. Limited Company Guarantee

If you are purchasing on behalf of a limited company which goes into receivership liquidation or administration before we have received full payment for goods or services ordered by that company, the company’s nominated guarantor will pay to the receiver, liquidator or administrator, as the case may be, such monies as are due to us.

8. Age Restrictions for Dangerous Goods

Where you place an order for age-restricted goods such as solvents and knives, you confirm that you are over the age of 18 and that delivery will be accepted by a person over the age of 18. We reserve the right to cancel your order if we reasonably believe you are not legally entitled to order certain goods.

9. Termination

We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.

10. Communications
We may contact you electronically from time to time but will not pass your details to any third party. Please see our privacy policy for further information.

11. Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).

12. General

If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.