TF Tools Ltd – Terms and Conditions of Supply
Version: May 2016
These terms and conditions of supply apply to contracts for the supply of goods made between us and you when you place an order (unless you have made special arrangements directly with us). These terms and conditions may change from time to time but your order will be subject to the version on our website when your order is placed.
These terms and conditions are the only basis upon which we are prepared to deal with you and apply to any contracts made between us for the supply of goods unless special arrangement have been made which shall be signed by a director of TF Timbers Ltd. These terms and conditions shall apply and prevail over any conflicting or inconsistent terms in any confirmation of order, purchase order, specification or other document which shall not form part of the contract.
- About us
In placing an order, you are contracting with: TF Tools Ltd
VAT number 181 2152 36 Registered in England 08009115
Tel: 01225 812794
If you need to contact us please use the details above.
2.1 You can use our website to place an order by selecting the product you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time. You may also make arrangements directly with us. An order will constitute an offer to purchase goods made by you to us.
2.2 You may make special arrangements to order goods from us other than by means of the website and may contact us to make these arrangements directly. In respect of these arrangements, any quotation or tender given by us is given on the basis that no contract shall come into existence until written acknowledgement is given by a director of TF Tools Ltd, or if earlier, goods are delivered to you pursuant to your order. Any quotation given by us in respect of these special arrangements shall be valid for 30 days only from its date of issue. We may amend or withdraw the quotation at any time on written notice to you prior to our issuing a written confirmation that a contract is formed.
2.3 Where you are a natural person, no contract shall be formed between us and you unless you are at least 18 years old. We may verify your age.
2.4 Where the buyer is not a natural person, you warrant that you have the authority to bind the buyer and that you are at least 18 years old.
2.5 Images of products, descriptive matter, specifications and advertising on this website or any catalogues or brochures issued by us or on our behalf are for illustrative purposes only and do not form part of the contract. Your goods may vary slightly from the image shown on the website and will not include any of the pictured accessories, unless expressly stated in the contract for the goods.
2.6 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the actual goods.
2.7 All information, drawings, models, know-how, samples, designs and similar items relating to the goods or services prepared by us and the copyright and other intellectual property rights therein shall remain our property or the property of our licensors and should be treated as confidential and should not be copies, reproduced or disclosed to any third party without our prior written consent.
2.8 If any goods are to be manufactured or any process is to be applied to the goods in accordance with any specification or requirements provided by you, you shall indemnify us against all loss, damage, cost or expense awarded against or incurred by us in connection with or paid or agreed to be paid by us in settlement of any claim for infringement of any intellectual property right by any third party arising from or in connection with our use of the infringing material supplied by you.
2.9 Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.
2.10 Once your order has been confirmed and a contract made for the goods, changes may not be possible or may incur additional charges or delays. Any ‘made to order’ products are non-refundable.
- Contract Formation
3.1 When you place an order with us, you are making an offer to buy goods. Unless you make special arrangements with us directly, your order will usually be placed when you press the “checkout” button at the end of the checkout process. At this point you are committing to pay for the goods using the payment method you have chosen during the checkout process.
3.2 Once you have placed your order, we will send an email to the address you have specified during the checkout process to confirm that we have received your order . No order is accepted, and no contract is formed until we email you again to confirm that your order is accepted.
3.3 Once we have reviewed your order and we are able to accept it, we will e-mail you again to confirm that we accept your order, and that a contract has been made between us. This email will notify you of or estimated dispatch date.
3.4 In the unlikely event that we are not in a position to fulfil your order, for instance the goods are no longer available, or that we have made a pricing mistake, we will advise you of this and the fact that your order is cancelled and that a contract has not been formed between us and you. Where applicable you will be refunded any payments that you have made. We may suggest alternative products that you may wish to order instead.
4.1 The price of the goods are as stated on our website from time to time and are subject to change at any time without notice.
4.2 All prices quoted on our website are in UK pounds sterling and include Value Added Tax at the current rate .
4.3 We will show the total price less any applicable discounts and including a breakdown of VAT and all delivery costs before you submit your order and on your invoice (where applicable) and receipt.
4.4 Any promotions, including without limitation, promotional prices may be subject to additional terms. Promotions only apply during the period stated.
5.1 You will be required to pay for the goods in full at the time of ordering .
5.2 We use secure payment facilities for online purchases. You can pay for your order by Amazon pay and Paypal which offer Visa, Mastercard or Delta/Connect. [You will be directed to a secure page operated by these trusted providers to make payment; this may have separate terms].
5.3 Card payments are subject to authorization by the card issuer. If your payment is not authorized, we will cancel your order (and notify you that we have done so).
5.4 All payments due to us shall be made free of set off, deduction or withholding of any kind.
5.5 No payment shall be deemed to have been received until we have received cleared funds and we shall have a general lien on all your property in our possession to secure any sum due from time to time.
The provisions of clause 5.6 apply only where the buyer is not a consumer:
5.6 If the buyer fails to pay us any sums due pursuant to a contract on or before the due date for payment, i) we shall be entitled at our sole discretion to suspend delivery of goods until all overdue amounts have been paid in cleared funds and ii) you shall be liable to pay interest to us on such overdue sums accruing on a daily basis until payment is received in full by us whether before or after any judgement at the rate specified under the Late Payment of Commercial Debts (Interest) Act 1998.
- Title and Risk
6.1 Ownership of all goods shall remain vested in us (and we reserve the fight to dispose of the goods) until we have received payment in full for all debts you owe us.
6.2 Risk of loss and/or damage to goods supplied by us shall pass when they are delivered to you or your nominee and we shall not be liable for the safety of the goods thereafter .
6.3 Until ownership of the goods has passed to you, you grant to us, our agents and employees an irrevocable licence at any time to enter any premises where the goods are or may be stored in order to inspect them, or where your right to possession has terminated, to recover them.
- Delivery & Carriage Charges
7.1 We shall provide you with an estimated dispatch date in our confirmation of your order. Goods that are held in stock will normally be dispatched from our warehouse within 3-5 working days. Any estimated dispatch date is an estimate only, which can change without notice. We shall use reasonable endeavours to notify you of any material changes to the dispatch date of your order Time shall not be of the essence .
7.2 We shall use a courier to deliver the goods to your nominated delivery address within Europe.
7.3 Your order may arrive in more than one delivery.
7.4 We can deliver our products anywhere in mainland Great Britain and Republic of Ireland. Unfortunately we do not deliver to any islands or the Highlands/Islands of Scotland, however we are able to deliver to a mainland courier company on your behalf for onward shipping .
7.5 We will deliver the goods to the premises you specify on your order. You must be present to accept delivery of your order, which is normally between 9:00am and 6:00pm Monday-Friday. We will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.
7.6 Where your order contains heavy or bulky items; you may be required to assist the driver in offloading your order . If you are not able to assist you must tell us prior to delivery so that alternate arrangements can be made.
7.7 Disposal of packing materials is your responsibility.
7.8 After two failed delivery attempts (or if you are not at home for an agreed delivery) the goods may be returned to our premises and we reserve the right to charge you an additional re-delivery charge.
7.9 If you change the delivery address once the goods have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery.
7.10 Please check the goods on delivery - any goods found to be missing or damaged should be notified to the delivery driver at the time of delivery or ourselves within 48 hours .
7.11 If the goods are lost or damaged in transit, please let us know within 48 hours.
7.12 Deliveries are made to a ground floor entrance only and on the condition that there is reasonable access for the safe and prompt delivery of the goods. You should tell us about any special delivery requirements or conditions when you place your order .
7.13 Additional charges may apply if you mix products from a number of different tool companies as these may have to be treated as individual orders.
7.14 Where delivery or performance is to be made by instalments:
- failure by us to deliver or perform any instalment shall not entitle you to treat the contract as repudiated;
- acceptance by you of each instalment and timely payment for each instalment are conditions precedent to our obligation to deliver future instalments in respect of the contract.
The provisions of clauses 7.15-7.17 inclusive shall apply only where the buyer is not a consumer:
7.15 The quantity of any consignment of goods as recorded by us upon dispatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
7.16 We shall not be liable for any non delivery of goods (even if caused by our negligence) unless written notice is given to us within seven days of the time of delivery.
7.17 Any liability that we may have for non delivery of goods shall be limited to replacing the goods within reasonable time or (at our sole discretion) issuing a credit note at the pro rate contract rate against any invoice raised for such goods.
The provisons of clause 7.18 inclusive shall only apply where the buyer is a consumer:
7.18 If we miss a delivery deadline specified in respect of the goods then you may cancel your order immediately and shall refund monies paid in respect of the cancelled order to you if the following apply:
- we have refused to deliver the goods; or
- before the order was accepted we were notified that delivery within the delivery deadline was essential.
- Cancellation and Returns
8.1 If you are an individual within the UK who is purchasing as a consumer, you have a right to cancel your contract under the Consumer Contracts Regulations. This right does not apply to goods ordered by businesses which are exempt from the Consumer Contracts Regulations, or the following goods which are exempt from the right to cancel:
- Any items which have been personalized or modified to your specification, such as bespoke tools, and
- ones made to non standard sizes (sizes which do not appear on our price list), colours/styles outside of the options listed on our website.
8.2 Your above right to cancel your contract applies at any time up to 14 days after the day of delivery. To do this, please e-mail or write to us. We are unable to accept cancellations by phone.
8.3 You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.
8.4 If you cancel, you must return the goods within 14 days of cancellation, complete with the original packaging to us and/or our supplier (or any other UK address specified by us), at your own expense [unless the return is as a result of our error in which case please contact us and we will arrange a free of charge return].
8.5 You must ensure that the goods are packaged adequately to protect against damage.
8.6 You may properly examine the goods for 14 days, however you may not return any goods that have been used unless they are faulty.
8.7 If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
8.8 Upon our receipt of the goods after cancellation, we will refund all monies paid to us by you including any postage / carriage within 30 days, less any costs due under this contract. Any refund shall be made using the same means of payment that you used for your initial transaction.
8.9 We will not be responsible for any damage or loss in transit and recommend that you use a recorded delivery service.
8.10 This cancellation policy does not affect your legal rights - for example, if goods are faulty or misdescribed.
- Faulty Goods / Guarantee
9.1 If there is a problem with the goods, please notify us by email or in writing providing details of the problem. It is helpful if you can provide us with a digital photograph of the problem as this normally saves you having to return the goods for inspection. We will deal with the matter in accordance with the policy set out in this clause 9 and your legal rights.
9.2 All new goods are covered by a manufacturer’s warranty against faulty workmanship and materials, subject to the terms and conditions of that warranty .
9.3 Any second hand goods shall have no warranty and are ‘sold as seen’.
The provisions of clauses 9.4-9.8 inclusive apply only where the buyer is not a consumer:
9.4 We shall not be liable for a breach of any warranties set out in clauses 9.2 or clause 9.8 unless:
- you give written notice of the defect to us within 14 days of the time of delivery or when you ought to have discovered the defect; and
- we are given reasonable opportunity after receiving the notice to examine the goods and you (if asked to do so) return the goods to us at our place of business at your cost for the examination to take place.
9.5 We shall not be liable for a breach of any of the warranties at clauses 9.2 or 9.8:
- in respect of any further damage or deterioration to the condition of the goods caused by you continuing to use the goods after giving the notice referred to above;
- if the defect or damage arises because the buyer failed to follow our oral or written instructions as to the maintenance of the goods or good trade practice;
- if the defect arises because you used the goods with replacement parts, accessories or equipment not manufactured or approved by us;
- if you maintain and/or clean the goods with anything other than a non-corrosive detergent;
- if the defect arises as a result of the goods being altered or modified or repaired or replaced by any person other than us or any person authorized by us;
- if the defect is as a result of a specification given by you to us;
- if the defect arises as a result of use in adverse conditions (including without limitation extremes of climate) or in an unacceptable manner;
- if the defect is the result of vandalism, fair wear and tear, neglect, abuse or misuse by you (or any servant, employee, or agent).
9.6 Subject to clauses 9.4 and 9.5, if any of the goods do not conform with any of the warranties given in clause 9.2:
- we shall at our sole option either repair or replace such goods (or the defective part);
- any repair shall be carried out as soon as reasonably practicable, having regard to the availability of parts and labour;
- if we comply with this clause, we shall have no further liability for a breach of the warranties in clause 9.2.
9.7 Any goods replaced will belong to us and any replaced goods will only carry the unexpired portion of the relevant warranty period.
9.8 In providing any services that we provide in respect of the goods (such as engraving or supplying bespoke goods) we warrant that such services are carried out using reasonable care and skill and we will rectify any defects which are due to our negligence which occur within  months of the date of delivery and our liability will be limited to rectifying the defective services.
The provisions of clause 9.9 apply only where the buyer is a consumer:
9.9 If you are a consumer, we are under a legal duty to supply the goods that a rein conformity with a contract formed under these terms and conditions. As a consumer, you have legal rights in relation to the goods that are faulty or not as described. These rights are not affected by your right of return and refund under this clause 9 or by anything else in these terms and conditions.
11.1 The products sold on this website have been designed to comply with all relevant UK legislation. We do not warrant or represent that they comply with any legal requirement outside the UK.
10.2 We will have no liability to you for any delay or failure to deliver goods or services you have ordered or for any damage or defect to services or goods delivered that is caused by any event or circumstance beyond our reasonable control.
Clauses 10.3 to 10.6 inclusive apply only where the buyer is not a consumer:
10.3 Subject to the provisions of clause 9, the following clause set out our entire financial liability (including any liability for the acts or omissions of any employees, agents or sub-contractors) to you in respect of:
- any breach of these terms and conditions and any contract made under them;
- any representation, statement arising in connection with or from a contract made under these terms and conditions;
- any tortious act or omission arising in connection with or from a contract made under these terms and conditions.
10.4 All warranties, terms and conditions implied by statute or common law, other than the implied warranty as to title, are to the fullest extent permitted by law, excluded.
10.5 Nothing in these terms and conditions excludes or limits our liability for death or personal injury or caused by our fraudulent misrepresentation.
10.6 Subject to the foregoing:
- our total liability in contract, tort, misrepresentation or otherwise shall be limited to the price of the goods and/or services you ordered;
- we shall not be liable for any indirect or consequential loss or damage (whether by loss of profit, loss of business or otherwise.), costs, or expenses whatsoever howsoever caused with arise out of or in connection with any contract made under these terms and conditions;
- we shall not be liable to the extent that such loss or damage, cost or expense was caused by any negligent act or omission by you.
Clauses 10.7 to 10.9 inclusive shall apply only where the buyer is a consumer:
10.7 If we are in breach of these terms and conditions, we shall only be responsible for loss or damage that is suffered by you that is reasonably foreseeable as a result of our breach or negligence, which shall be loss or damage that is an obvious consequence of the breach or if it were contemplated by us (including where you have advised us of the consequence of breach).
10.8 We only supply the goods and services to consumers for domestic and private use. Accordingly, you agree not to use the goods for commercial, business or resale purposes and we shall have no liability for any loss of profit, opportunity, or loss of business suffered by you.
10.9 Nothing in these terms and conditions shall exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the implied terms for title, quiet enjoyment, for the goods to be of satisfactory quality, fitness of purpose and conforming with description under the Consumer Right Act 2015;
- for defective products.
11 Proof of Age and Lawful Use
11.1 The law requires that we take reasonable precautions to ensure that tools that may be used as weapons (knives, axes, etc) are not sold to persons under the age of 18 years. We reserve the right to use any legal method of verifying the genuine age of prospective customers in accordance with the Offensive Weapons Act 1996. This may include searches of publically available information such as electoral roll and we may contact you for additional information/proof to verify age . We will not store the results of our searches only the fact that a search has been undertaken and whether the age verification was passed. Where additional information is sought, we will only store sufficient information to prove the age was verified. All information will be held in the strictest confidence solely to demonstrate compliance with law.
11.2 You warrant that you shall only use the goods for lawful use.
12.1 If for any reason part of these terms and conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, void, voidable, unenforceable or unreasonable, it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the validity of the remaining terms and conditions shall not be affected.
12.2 Failure or delay by us in enforcing or partially enforcing any provision of these terms and conditions or any contract made under them will not be construed as a waiver of any of its rights under these terms and conditions or any contract.
12.3 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions or any contract made under them.
12.4 You may not assign a contract made under these terms and conditions or any part of it without the prior written consent of us; we may assign or sub contract any contract made under these terms and conditions or any part to any person, firm or company.
12.5 We reserve the right to defer the date of delivery or to cancel a contract made under these terms and conditions or reduce the volume of goods ordered by you (without liability to you) if we are prevented for or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental action, war, national emergency, riot, civil unrest, fire, explosion, flood, strikes, lock outs (whether or not affecting our workforce), delays affecting carriers or inability to obtain supplies provided that if the event in question continues for a period in excess of 60 days, either party shall be entitled to give notice to the other to terminate the contract.
12.6 A contract made under and incorporating these terms and conditions shall be the entire agreement between the parties in respect of the supply of goods by us to you.
12.7 These terms and conditions and all contracts formed under these terms and conditions are governed by and hall be construed in accordance with the laws of England and all disputes shall be submitted to the non-exclusive jurisdiction of the English courts. However, if you are a consumer and resident in Scotland, Wales or Northern Ireland you may also bring proceedings in the Scottish, Welsh and Northern Irish courts as applicable.