Ts & Cs

 

Definitions

“Business Days” means any day other than a Saturday, Sunday or public holiday in England on which banks in London are open for business;

“Goods” means any and all goods, materials and products of whatever description, supplied, sold or distributed by Us from time to time;

“Special Terms” means any terms and conditions for use and maintenance of the Goods which are specific to the Goods purchased and notified by Us to You;

“Terms” means these terms and conditions and the Special Terms;

“We/Us/Our” means Entwistle & Joynt Limited, a company registered in England and Wales under company number 01001233 and with our registered office at 62 Darlington Street East, Wigan, Lancashire, WN1 3AT also trading as ToolStoreUK; and

“Website” means www.toolstoreuk.co.uk or such other application or website address operated by Us through which Our Goods can be purchased from time to time.

 

These Terms

These Terms govern Your purchase of Our Goods from Us.  By accessing and opening an account and/or placing an order with Us You acknowledge these Terms and agree to be bound by them in every respect.  Please don’t open an account or place an order with Us if You disagree with or do not understand them. 

Your specific attention is drawn to the following sections of these Terms below: ‘Price and Payment’; ‘Your Use of the Goods’; ‘Cancellations’; ‘Returns’; and ‘Conditions of Our Liability’.

You should also be aware of our Privacy Policy governing Our use of your personal data.

 

Descriptions of Goods

All prices are exclusive of any VAT, which for the avoidance of doubt shall be additionally charged at the prevailing rate from time to time. Our Goods are sold subject to their descriptions and any Special Terms applicable to that particular item of Goods.

You accept and acknowledge that all images displayed on the Website or in Our brochures and any samples supplied to You are provided for illustrative purposes only and the Goods may vary slightly from those images. These illustrations in no way import any express or implied conditions or warranties as to quality, description, colour fitness or quality of the Goods subsequently delivered and You shall be deemed to have satisfied Yourself as such.  For the avoidance of doubt, no sales of the Goods to You shall be made by sample.

We take care to ensure that all details, description and prices of Goods appearing on the Website or in Our brochures are correct and although We aim to keep all information as up to date and accurate as possible, the details, description and price of the Goods at a particular time may not always reflect the accurate position when You place an order and We can’t confirm the price until We accept Your order.

We accept no liability arising from any inaccuracy or deviations in the illustrations provided to You prior to You ordering the Goods and You agree and acknowledge that You are responsible for ensuring the suitability of the Goods ordered for Your purpose. 

 

Orders

A contract for the sale of Goods by Us to You is formed as follows:

1)      Notwithstanding the fact that We may have provided You with a quotation, You make an offer to Us for Us to provide You with the Goods by making an order with Us.  Orders may be made by:

(a)                    telephone by telephoning 0333 004 3777 and finalising the procedure via the WorldPay link that We then provide to You;

(b)                    following the procedure set out on the Website;

(c)                 email; or

(d)                    in store.

2)      No order is deemed to be accepted nor any contract formed between Us and You until the occurrence of the earlier of when We:

(a)                    acknowledge receipt and acceptance of Your order; or

(b)                    take receipt of Your payment through the Website.

We reserve the right at Our absolute discretion to reject without reason any order made by You.  All Goods are sold subject to availability and We will inform You as soon as possible if the Goods that You ordered are unavailable.  We reserve the right (without prejudice to any other right or remedy) to cancel any order or to suspend delivery or performance if You fail to fulfil any of Your obligations to Us and in doing so You accept and acknowledge that We shall have no liability to You whatsoever for any direct or indirect losses, damages, expenses or costs flowing from such cancellation.

If We find that the price of the Goods You ordered are wrong We will inform You and give You the option of continuing to purchase them at the correct price or cancelling Your order.  If You do not inform Us of Your decision within 2 Business Days of Us contacting You then You shall be deemed to have accepted the Goods at the correct price notified to You.  If the pricing error is obvious and unmistakeable and could have reasonably been recognised by You as a mispricing, We don’t have to provide the Goods to You at the incorrect (lower) price and We will simply reject the order.

 

Delivery of the Goods

Delivery charges may be payable and the amount will depend on the location of the delivery address but We will let You know how much this is before the order is confirmed.  All deliveries will be made to the entrance of the delivery address.  Where the Goods to be delivered are large/bulky items, it will be Your responsibility to ensure that arrangements are made to move the Goods from the kerbside to Your property and to assess if they will fit through doors or other accessways.

We will try and deliver the Goods in accordance with any estimated delivery dates and within 28 days of them being available for delivery but for the avoidance of doubt time for delivery shall not be of the essence and We shall not be liable to You for any loss or damage suffered by You arising due to any delay in delivery or non-delivery of the Goods.

Unless otherwise notified by You, We shall make delivery to the address provided to Us in the order process or alternatively, if no address is provided to Us, to the address at which Your account with Us is registered.  If address details are incorrect You must notify Us in advance of the Goods being despatched from Our warehouse or We cannot guarantee that We will be able to make the delivery.  Please note that We deliver Goods only to those regions specified on the Website and if the corrected address is not within these regions We may terminate the contract and shall not be liable to You for any direct or indirect losses arising out of or in connection with the termination of the contract.

We may deliver the Goods by separate instalments and will notify You on delivery of the first instalment that a further instalment is required. If You are unable, for whatever reason to take delivery of the Goods on the agreed delivery date, there might be extra costs payable in advance of any further attempted deliveries and if this is the case then We shall inform You of such costs prior to making such further attempt at delivery.

 

Price and Payment

You shall be required to make payment in full to Us as otherwise required when purchasing the Goods via the Website. 

 

Termination of the Order

If we are unable to supply any Goods for whatever reason, We shall not be liable to You but will ensure that You are refunded for any sums already paid to Us in relation to the Goods which We are unable to supply.  You shall not be subsequently charged for the particular Goods not received unless it is Your fault that We are unable to supply those particular Goods.  

 

Your Use of the Goods – Special Attention is Drawn To This Clause

You shall be responsible for and agree to train and instruct users of the Goods on the sale and proper use of the Goods and You shall ensure that where the Goods are accompanied by instructions and/or recommendations that all persons using the Goods shall read and understand such instructions and recommendations. 

You shall be responsible for and agree to maintain in good working order the safety features installed on the Goods.  It is understood and agreed that Your failure to conform with these requirements precludes any responsibility on Us and You agree to indemnify and keep Us harmless from and against any liability damages, costs and expenses, including reasonable legal fees and expenses, which may be incurred by Us as a result of Your failure to comply with the requirements of this condition.

If the Goods should have been accompanied by an instruction leaflet and/or any recommendations and You find that no such documentation has been delivered with the Goods, You shall notify Us immediately and ensure that You obtain the relevant documentation relating to such Goods either from the manufacturer or Us prior to using or selling such Goods.

 

Cancellation (This clause does not apply if You purchased the Goods in store) – Special Attention is Drawn To This Clause

 

Right to Cancel

You have a legal right to cancel a contract for any reason under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”) within 14 days without giving any reason.  These rights apply to contracts entered into which are ‘off-premises’ or ‘distance’ contracts for the purposes of the Regulations.

The cancellation period will expire after 14 days from the date in relation to Goods - on which You receive the Goods or if delivered in multiple lots, the date on which You receive the last Goods.  This cancellation right does not apply in the case of any made-to-measure or custom-made Goods or if You have opened or used the Goods; or

To exercise the right to cancel, You must inform Us by writing to Us at ToolStore UK, 62 Darlington Street East, Wigan, Lancashire, WN1 3AT with Your decision to cancel a contract.  You will receive a returns number and may wish to keep a copy for Your own records.  To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired.

 

Effects of Cancellation

If You cancel a contract, We will reimburse to You all payments received from You, including the costs of delivery (except for supplementary costs arising if You chose a type of delivery other than the least expensive type of standard delivery offered by Us).

We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by You.

We will make the reimbursement without undue delay, and not later than:

1)      14 days after the day We receive back from You any Goods supplied, or

2)      (if earlier) 14 days after the day You provide evidence that You have returned the Goods, or

3)      if there were no Goods supplied, 14 days after the day on which We are informed about Your decision to cancel a contract.

We will make the reimbursement using the same means of payment as You used for the initial transaction, unless We have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement.  We may withhold reimbursement until We have received the Goods back or You have supplied evidence of having sent back the Goods whichever is the earliest.

If You do make a cancellation You must following such cancellation keep the Goods in Your possession and take good care of them and return them (quoting the returns number) to ToolStore UK, 62 Darlington Street East, Wigan, Lancashire, WN1 3AT in their original condition in secure packaging without undue delay and in any event not later than 14 days from the day on which You communicate Your cancellation from a contract to Us.

You’re responsible for the costs of returning the Goods to Us unless they are defective or not what You ordered. If the Goods are defective or not what You ordered, please see the Returns section below.  If You don’t return the Goods to Us within 14 days of notifying Us of Your cancellation We may arrange for them to be collected from You and We may charge You for the cost of doing so.

 

Returns – Special Attention is Drawn To This Clause

Goods that are not what You Ordered

If You have received Goods that You didn’t order You must provide Us with notice either by sending an e-mail ‘For the attention of the Customer Services Team’ to customerservices@toolstoreuk.co.uk or by writing to Us at ‘For the attention of the Customer Services Team’, ToolStore UK, 62 Darlington Street East, Wigan, Lancashire, WN1 3AT within 14 days of receipt of the Goods. Once We have received Your communication You will receive a returns number.

You must then return the Goods (quoting the returns number) to ‘For the attention of the Returns Department’ ToolStore UK, 62 Darlington Street East, Wigan, Lancashire, WN1 3AT still within 14 days of receiving the Goods using the returns documentation provided. We will refund the price of the Goods in full, any applicable delivery charges and any reasonable costs that You incur in returning them to Us within 30 days of Your notification.

If the Goods (that were not what You ordered) are defective or damaged upon their return to Us then this shall be dealt with under the procedure set out under the ‘Defective or Damaged Goods’ section below.

 

Defective or Damaged Goods

Your rights in respect of defective or damaged Goods are subject to the CRA.  Under the CRA, You have a 30 day (in accordance with the provisions of the CRA) right to reject any Goods that are of unsatisfactory quality, unfit for purpose or not as described and get a full refund.  You may however, elect to provide Us with the opportunity to repair or replace the Goods instead of exercising Your right to reject.

If You are outside of the 30 day right to reject, and You are:

1)      within 6 months (in accordance with the provisions of the CRA), then the defect or damage shall be deemed to have been present as at the date of delivery of the Goods unless We can prove otherwise;

2)      outside 6 months (in accordance with the provisions of the CRA), You have to prove that the damage or defect in the Goods was present as at the date of delivery,

following which You have to provide Us with the opportunity to either (at Your election) repair or replace any Goods that are of unsatisfactory quality, unfit for purpose or not as described.  Notwithstanding the election which You make (i.e. to either repair or replace the Goods), We reserve the right to refuse to carry out one over the other if We can demonstrate that Your election is disproportionately expensive compared to the alternative. 

If Our attempt at repairing or replacing the Goods is unsuccessful, and You are:

1)      within 6 months (in accordance with the provisions of the CRA), You must notify Us as such, in which case You shall have the choice to either:

a)      reject the Goods and claim a full refund; or

b)      keep the Goods and claim a price reduction, which shall be assessed based on what We consider reasonable in light of the nature and gravity of the defect; or

c)       request that We make further attempts to repair or replace the Goods; or

2)      outside 6 months (in accordance with the provisions of the CRA), You must notify Us as such, in which case You shall have the choice to either:

a)         reject the Goods and claim a refund, in which case You agree and acknowledge that We may apply a deduction based on the usage of the Goods which You have already enjoyed;

b)         keep the Goods and claim a price reduction, which shall be assessed based on what We consider reasonable in light of the nature and gravity of the defect; or

c)         request that We make further attempts to repair or replace the Goods.

 

Conditions of Our Liability – Special Attention is Drawn To This Clause

We’re not liable for any defect in the Goods because of Your drawings, designs or specification.  We are also under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Our or any other instructions with the Goods, misuse or alteration or repair of the Goods without Our approval or if the Goods are not paid for in full. 

If We can pass a manufacturer’s warranty on to You We will; however, We accept no liability to You whatsoever where We cannot do so.  You may have to take certain steps to ensure that any manufacturer’s warranty is registered in order to be valid (or validly extended) and enforceable and We accept no liability to You whatsoever where You fail to take such appropriate steps. Please see https://www.toolstoreuk.co.uk/warranty for further information.

All warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Except in respect of death or personal injury caused by Our negligence, and subject to Your statutory rights We will not be liable for any representation (unless fraudulent), implied warranty, condition or other term, or legal duty for losses suffered by You whether indirect, special or consequential arising out of or in connection with the supply of the Goods and Our entire liability under or in connection with the contract shall not exceed the price of the Goods paid by You at the time that the liability arises, except as expressly provided in these Terms.

The risk in the Goods passes to You on delivery of the Goods to You or delivery of the Goods to any carrier.

 

Chance to win an Apple Macbook Air

  • The giveaway is for the chance for you to win 1 of 5 Apple Macbook Air 13 inch 128GB.
  • The giveaway is open to all UK residents aged 18 and over, except employees of ToolStore UK. Entwistle & Joynt Ltd., their families, or anyone else professionally connected to the giveaway.
  • To be in with a chance of winning, provide your full name and your contact details, on our giveaway page.
  • The giveaway is open from 19th August 2019 and will run for a month. The giveaway will close on 18th September 2019.
  • Entries are limited to one per person.
  • The winners will be carefully selected by our team from the entrants received in accordance with these Terms and Conditions.
  • The chosen entrants will be notified by email on or before 2nd October 2019.
  • The chosen entrants will need to reply to us within a week of being contacted to receive their prize. They will also need to provide their address so that we can send them the prize.
  • The promoter reserves the right, at its sole discretion, to cancel, terminate, modify, vary or suspend the giveaway in whole or in part at any time.
  • The prize is non-transferrable and is not redeemable for cash or other prizes.
  • Any personal data relating to participants will be used solely for the purposes of administering the prize and will not be disclosed to a third party for any other purpose without the individual’s prior consent. Any personal data provided will be processed in accordance with all applicable data protection and privacy laws. For full details please see our privacy policy at https://www.toolstoreuk.co.uk/information/9-privacy-policy 
  • Entrants of the giveaway will be deemed to have accepted these Terms and Conditions.
  • The winners may be required to take part in promotional activity related to the prize draw and shall participate in such activity at the Promoters reasonable request.
  • The Promoter is ToolStore UK. Entwistle & Joynt Ltd. 1001233.

 

DEWALT Flexvolt Battery Redemption

 

  • In order to qualify for the promotion, participants must purchase a DEWALT XR FlexVolt 54V kit (T2) with 2 x batteries and charger (new, not second hand) or a DEWALT XR FlexVolt 54V outdoor product between 16th September 2019 and 18th October 2019.
  • Claims for products purchased before or after this promotional period will be deemed invalid.
  • The redemption product is a DEWALT DCB546 54/18V 6Ah XR FlexVolt battery.
  • This promotion is run by DEWALT and therefore the DEWALT DCB546 54/18V 6Ah XR FlexVolt battery will be sent directly from DEWALT and not from ToolStore UK. 

Claim process:

  • To qualify for the Promotion participants must complete the online registration form via MYDEWALT available at https://mydewalt.dewalt.co.uk/xrflexvoltcampaign/ and upload a copy of their full purchase receipt. Participants must ensure that their purchase receipt includes both the date of purchase and model purchased.
  • Participants must provide proof of purchase and submit their claim online.
  • The last date for registration/claim deadline will be 25th October 2019.
  • Participants must keep the Qualifying Product for a period of at least 28 days from the date of purchase. If the Qualifying Product is returned within this period, the Promoter will be entitled to claim back the redeemed product.
  • Participants who are unable to upload the supporting documentation to verify their claim may send their printed claim form with a photocopy of their full purchase receipt (The Promoter will not return original documentation) and an image of their product barcode to the address below by 25th October 2019.
  • Upon submission of their claim form, participants will be sent an email to confirm the next steps of the claim process. The information will be verified and the redemption product may be subject to change.
  • While stocks last
  • Maximum redemption is 2000 units.
  • Only one claim per product and per person and household will be accepted. ONLY the first valid product purchased will be eligible for redemption.
  • Please allow 30 days from the date the Promoter receives the claim and all supporting documentation to receive the redeemed product.
  • The DEWALT XR/FV Redemption promotion (hereafter referred to as the Promotion is promoted by DEWALT UK & ROI, a division of Stanley Black & Decker whose registered address is 210 Bath Road, Slough, SL1 3YD, UK (the Promoter).
  • Eligibility - The Promotion is applicable to UK & ROI residents only, excluding employees and their immediate families (defined as parents, siblings, children & spouse regardless of where they live) of the Promoter, its affiliated companies, their agents or anyone professionally connected with the Promotion. 
  • Specific Seller Exclusions: Products purchased from eBay, whether listed as new or otherwise, will not be eligible for this Promotion. Products purchased from third party sellers on Amazon (i.e. not from Amazon directly) whether fulfilled by Amazon or not, will not be eligible for this Promotion. 
  • Products must be purchased within the UK or Republic of Ireland from a participating retailer and must have been supplied and distributed to retailers by DEWALT UK.
  • The ONLY Qualifying Products are DCK2055T2T-GB, DCK2056T2T-GB, DCK2057T2T-GB, DCS575T2- GB, DCS576T2-GB, DCS577T2-GB, DCS388T2-GB, DCG414T2-GB, DCS397T2-GB, DCS7485T2-GB, DCS777T2-GB, DCS778T2-GB, DCS520T2-GB, DCH333X2-GB, DCH334X2-GB, DCH481X2-GB, DCH733X2-GB, DHS780T2-GB, DCD240X2-GB, DCC1054T2-GB, DCS690X2-GB, DCV586MT2-GB, DCM5713X1-GB, DCM571X1-GB, DCM572X1-GB, DCM575X1-GB, DCK2033X2-GB, DCH323T2-GB, DCG200T2-GB, DCH773Y2-GB, DCS727T2-GB and DCK357T2-GB, excluding DCD996X1-GB.
  • Any other derivatives including bare units (N versions) will not be accepted. 

No cash alternative is available for this Promotion. The redemption product is not transferable, and we will not refund or exchange the redeemed product. 

 

General

The Website and the content published by Us on it are protected by copyright, trade marks, database right and other intellectual property rights, as are the brochures and other materials or literature that We may provide to You from time to time.  You may print one copy, and may download extracts, of any page from the Website for personal reference and may draw the attention of others to it provided You keep intact all and any copyright and proprietary notices.  You warrant that You will not breach the intellectual property rights of Us or any third parties.

The failure of either party to require performance of any provision hereof shall not affect its right to enforce such provision at a later time.  No waiver by either party of anything contained in these Terms shall be or deemed to be a further or continuing waiver.

No person not a party to these Terms shall have any rights in relation to them under the Contracts (Rights of Third Parties) Act 1999.

These Terms set out the entire agreement between the parties in connection with its subject matter and neither party has entered into these Terms in reliance on any warranty, representation or statement made by the other which is not set out in these Terms.

All notices and communications required to be sent by You shall be made and sent by e-mail to customerservices@toolstoreuk.co.uk or first class post to ToolStore UK, 62 Darlington Street East, Wigan, Lancashire, WN1 3AT.  All notices and communications required to be sent by Us shall be made and sent by e-mail to the e-mail address or post to the postal address provided to Us when You opened Your account. If served notice shall be deemed to have reached the party to whom it is addressed on the second Business Day following the date of service.

If any of these Terms are declared unenforceable the parties shall amend the relevant part to achieve the intention of the parties without illegality or at our discretion that part may be severed from these Terms in which event the remaining Terms and the remaining part of the relevant condition shall remain in full force and effect.

No modification, variation or cancellation of any condition of these Terms shall be binding unless the same shall be in writing and signed by Us.  You may not without Our prior written consent transfer, subcontract or otherwise pass to a third party Your rights and obligations under these Terms.

Both parties will be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulations, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Us or a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery or any other cause beyond the reasonable control of the parties rendering performance of the contract for the sale of the Goods impossible provided that this condition shall only have effect at Our discretion except when such event renders performance impossible for a continuous period of 2 calendar months.

These Terms and the contract shall be governed by English law in every particular and any proceedings arising out or of in connection with them may be brought in any court of competent jurisdiction in England and Wales. If You live in:

1)      Scotland, You can bring legal proceedings in respect of the Goods in either the Scottish or the English courts; or

2)      Northern Ireland, You can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts.